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ORD1999994AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #994 AN ORDINANCE TO CREATE CHAPTER 34 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (STORM WATER MANAGEMENT) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1. Chapter 34 of the Municipal Code of the City of Muskego, Wisconsin is hereby created. SECTION 2: Chapter 34 of the Municipal Code, entitled “An Ordinance to Create Chapter 34 of the Municipal Code of the City of Muskego (Storm Water Management)” is hereby amended and adopted as Ordinance #994 and made a part of the Municipal Code of the City. SECTION 3: A copy of said Ordinance has been on file in the Office of the City Clerk-Treasurer and open to public inspection for not less than two weeks prior to the date of this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of the City. SECTION 4: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 5: This ordinance is in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF SEPTEMBER, 1999 CITY OF MUSKEGO ATTEST. First Reading: 8/24/99 d rk-Treasurer Published on the 23RD day of September, 1999. 8/99jrnb AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #994 AN ORDINANCE TO CREATE CHAPTER 34 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 (STORM WATER MANAGEMENT) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1. Chapter 34 of the Municipal Code of the City of Muskego, Wisconsin is hereby created to read as follows: 34.01 AUTHORITY (1) This ordinance is adopted by the City of Muskego under the authority granted by s. 62.234 Wis. Stats. This ordinance supersedes all conflicting and contradictory storm water management regulations previously enacted under s. 62.23, Wis. Stats. Except as specifically provided for in s. 62.234 Wis. Stats., s. 62.23 Wis. Stats. applies to this ordinance and to any amendments to this ordinance. (2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body. (3) The City of Muskego hereby designates the City Engineer to administer and enforce the provisions of this ordinance. (4) The requirements of this ordinance do not pre-empt storm water management requirements that may be imposed by Wisconsin Pollutant Discharge Elimination System (WF'DES) Permits issued by the Department of Natural Resources under s. 147.021 Wis. Stats. 34.02 FINDINGS OF FACT (I) The City of Muskego finds that uncontrolled storm water runoff from land development activity has a significant impact upon water resources and the health, safety, and general welfare of the community. Specifically, uncontrolled storm water tunoff can: (a) degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows; (b) diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants; (c) alter wetland communities by changing wetland hydrology and by increasing pollutant loads; (d) reduce the quality of groundwater by increasing pollutant loads; (e) threaten public health, safety, property, and general welfare by overtaxing storm Ord. U994 sewers, drainage ways and other minor drainage facilities; a (f) threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes; (8) undermine floodplain management efforts by increasing the incidence and levels of flooding; (h) diminish the public enjoyment of natural resources. 34.03 PURPOSE AND INTENT (1) PURPOSE. The purpose of this ordinance is to set forth storm water requirements and criteria which will prevent and control water pollution, diminish the threats to public health, safety, welfare, and aquatic life due to runoff of storm water from development or redevelopment. (2) INTENT It is the general intent of the City of Muskego that this ordinance achieve its purpose through: (a) regulating long-term, post-construction storm water discharges from land development activities; (b) controlling the quantity, peak flow rates, and quality of storm water discharges from land development activities; (c) providing services to maintain and enhance the quality of life within the community. To this end the City of Muskego will manage storm water to protect, maintain and enhance the natural environment; diversity of fish and wildlife; human life; property; and recreational use of waterways within the City of Muskego. 34.04 DEFINITIONS “Agricultural use” means bee keeping; commercial feed-lots; dairying; egg production; floriculture; fish or fur fanning; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint, and seed crops; raising of fruits, nuts, and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; participation in the mile production termination program under 7 USC 1446 (d); and vegetable raising. (s. 91.01(1) Wisconsin State Statutes). “Best Management Practice” means the most effective, practical measures to control nonpoint sources of pollutants that runoff from land surfaces. “Business day” means a day which oftices of the City of Muskego are routinely and customarily open for business. “Cease and desist order” means a court issued order to halt land developing activity that is being conducted without the required permit. “Commercial land development” means all development excluding residential development and agricultural use. “Common plan of development” means all lands included within the boundary of a 2 e certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land developing activity may take place at different times and on different schedules. "Discharge volume" means the quantity of runoff discharged from the land surface as the result of a rainfall event. "Existing land use condition" means the condition of the proposed development site and the adjacent properties that is present at the time of the storm water permit application. This term applies only for the purpose of properly sizing the storm water conveyance system in accordance to the requirements of this ordinance in 34.06(1)(b). "Fee in lieu" means a payment of money to the City of Muskego in place of meeting all or part of the storm water performance standards required by this ordinance. "Governing body" means the City of Muskego Common Council. "Infiltration" means the process by which rain or surface runoff penetrates into the underlying soil. "Land development activity" means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This term does not include agricultural cropping activities, and/or parking lots associated with agricultural activities. "Maintenance agreement" means a legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of storm water management practices. "Natural wetlands" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include existing, mitigation and restored wetlands. "Non-storm water discharge" means a discharge to the storm sewer system created by some process other than the runoff from precipitation. "Non-structural measure'' means a practice, technique, or measure to reduce the volume, peak flow rate, or pollutants, in storm water that does not require the design or installation of fixed storm water management facilities. "Off-site'' means lands located outside the subject property boundary described in the permit application for land development activity. "On-site'' means lands located within the subject property boundary described in the permit application for land development activity. "Peak flow or peak flow discharge rate" means the maximum rate at which a unit volume of storm water is discharged. This is usually expressed in terms of cubic feet per second (cfs). "Performance security" means cash or an irrevocable letter of credit submitted to the City of Muskego, in a form acceptable to the City, by the permit holder to assure that requirements of the ordinance are carried out in compliance with the storm water management plan and to recover any costs incurred by the City for design, engineering, 3 Ord. #994 preparation, checking and review of plans and specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. "Permit" means a written authorization made by the City of Muskego to the applicant to conduct land development activities. "Permit application fee" means a sum of money paid to the City of Muskego by the permit applicant for the purpose of recouping expenses incurred by the authority in administering the permit. "Post-development land use condition" means the extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence precipitation runoff and infiltration. "Pre-development land use condition" means land which has runoff characteristics equivalent to runoff Curve Numbers (CNs) of: 30, 58, 71, and 78 for Hydrologic Soil Groups A, B, C, and D, respectively (as described in the USDA Soil Survey of Milwaukee and Waukesha Counties, Wisconsin, 1971). This term is used for the purpose of matching of pre- and post- development storm water peak flows as required by this ordinance in 34.06(1)(a). "Pre-treatment" is the practice of reducing pollutants in storm water before discharging the storm water to a wetland or another pollution control structure. "Residential land development" means that which is created to house people, including the residential dwellings as well as all affected portions of the development including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single family, multi-family, apartment, and trailer parks. "Stop work order" means an order issued by the City of Muskego which requires that all construction activity on the site be stopped. "Storm water conveyance system" means any method employed to carry storm water runoff from a development to the waters of the State. Examples of methods include: swales, channels, and storm sewers. "Storm water management plan" means a document provided by the land developer, land owner, or permit holder that identifies what actions will be taken to reduce storm water quantity and pollutant loads from the post-development land use condition to levels meeting the requirements of this ordinance. "Storm water runoff' means that portion of precipitation that does not soak into the soil, and thus flows off the surface of the land and into the natural or artificial conveyance network. "Storm water management measure" means structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. "Wetland functional value" means the type, quality, and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife 4 Ord. #994 habitat, floral diversity, aesthetics, recreation, and education. 34.05 APPLICABILITY AND JURISDICTION APPLICABILITY. This ordinance applies to land development and redevelopment activities which meet the applicability criteria specified in this section. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. (a) residential land development; @) commercial land development (includes industrial and business zoned areas); (c) land development activity which in the opinion of the City Engineer is likely to result in storm water runoff which causes undue channel erosion, increases water pollution or which endangers downstream property or public safety. JURISDICTION. This ordinance applies to land development activities within the boundaries of the City of Muskego. WAIVERS. Requests to waive the storm water management plans requirements shall be submitted to the City of Muskego for approval. Waivers may be granted if it can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance. 34.06 STORM WATER MANAGEMENT STANDARDS (I) STORM WATER DISCHARGE RATE. Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish on-site management practices to control the peak flow rates of storm water discharged from the site as described in this ordinance. Infiltration of storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control ofpeak flows. (a) Storm water runoff from the site shall be managed such that the peak flow generated from a 100 year storm under “post-development” conditions shall not exceed the peak flow generated from a 2 year storm under “pre-development” conditions (as defined in 34.04 (24)) for the 24 hour duration storm. (b) All storm water conveyance systems within the proposed development, shall be designed to completely contain the peak storm flows as described in 34,06(1)(b)(l., 2., and 3). Calculations for determining peak flows for conveyance system sizing shall use Curve Numbers based on the existing or future proposed land use for off-site areas (whichever results in the highest peak flows), and the proposed land use for the on-site areas. Appropriate Curve Numbers are described in Urban Hydrolow for Small Watersheds. TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992. 5 Ord. #994 An alternative method that may be used is the Rational Method as described in Chapter 13 of the Wisconsin Department of Transportation Facilities Development Manual. 1, For open channel conveyance systems the peak flow from the 25 year, 24 hour storm shall be completely contained within the channel bottom and banks. 2. For storm sewer pipes the peak flow from the IO year, 24 hour storm shall be completely contained within the pipes with no surcharging. 3. For storms greater than the 10 year, 24 hour event, and up to the 100 year, 24 hour event, ponding shall not exceed existing or proposed street right of way, which ever is less. In no case shall the depth of water exceed 12 inches at the outer edge of pavement. (c) Determination of peak flow rates and volume of runoff for purposes of meeting the requirements of 34.06(1)(a) and (b) shall be computed by procedures based on the principals and procedures described in Urban HydrologV for Small Watershed. TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992. Other calculation methods must be approved by the City of Muskego Public Works Committee. (d) The rainfall distributions for the storm events shall be based on the SCS Type 11 storms as described in Urban Hydrolorn for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June, 1992. (e) Increases or decreases in the hydrology of natural wetlands shall be minimized. Existing wetlands shall not be incorporated in the proposed storm water management practice for peak flow control. Peak flow shall be managed prior to discharge to an existing wetland. Should any changes to natural wetlands be proposed, the impact of the proposal on wetland functional values shall be assessed. Significant changes to wetland functional values shall be avoided (as defined by Wisconsin Administrative Code NR 103). (2) STORM WATER DISCHARGE QUALITY Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish on-site management practices to control the quality of storm water discharged from the site. On- site management practices shall be used to meet the following minimum standard: (a) Storm water management measures shall be designed to remove on an average annual basis a minimum of 80% of the total suspended solids load from the proposed on-site development when compared to the proposed on-site development without storm water management measures. The effectiveness of the storm water management measures shall be evaluated using the Source Loading and Management Model (SLAMM) or other models as approved by the City of Muskego Public Works Committee. 6 Ord. #994 0 0 0 (5) (b) Discharge of urban storm water pollutants to natural wetlands without pre- treatment shall be avoided to the extent practical. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City of Muskego Public Works Committee in conjunction with the City Engineer. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the WDNR. Significant changes to wetland functional values due to storm water pollutant loads shall be avoided. (c) Storm water discharges shall be pretreated prior to discharge to an infiltration best management practice. Storm water infiltration is prohibited under the following circumstances: 1, Storm water is generated from highly contaminated source areas at manufacturing industrial sites; 2. Storm water is carried in a conveyance system that also carries contaminated, non-storm water discharges; 3. Storm water is generated from construction sites. (d) Storm water ponds and infiltration devices shall not be located closer to water supply wells than indicated in State Administrative Code NR 811.16(4) and 812.08(4) and the City of Muskego Municipal Code 28.02 (2) and 17:9.11 EXCEPTIONS. The minimum requirements for on-site storm water management practices established in 34.06 (1) and (2) may be waived in whole or in part by the City of Muskego upon written request of the applicant, provided that at least one of the following conditions applies: (a) Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the City of Muskego. (b) Provisions are made to manage storm water by an off-site facility. This requires that the off-site facility is in place, is designed and adequately sized to the requirements of this ordinance, and has a legally obligated entity responsible for long-term operation and maintenance of the storm water practice. (c) Innovative storm water management systems that do not meet 34.06(1) or (2) are reviewed and acted upon by the City Engineer and approved by the Public Works Committee. FEE IN LIEU OF ON-SITE STORM WATER MANAGEMENT PRACTICES. Where the City of Muskego waives all or part of the minimum on-site storm water management requirements under 34,06(3)(a), or where the waiver is based on the provision of adequate storm water facilities provided by the City of Muskego downstream of the proposed development, as provided for under 34.06(3)@), the applicant shall be required to pay a fee in an amount as determined by the City of Muskego pursuant to s. 66.076 Wisconsin Stats. and any other applicable law. GENERAL CONSIDERATIONS FOR ON-SITE STORM WATER MANAGEMENT MEASURES. The following considerations shall be observed in managing storm water 0 Ord. #994 runoff. (a) 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, (as determined by the Public Works Committee) to meet the requirements of this section. (b) Storm water management measures used in developing the storm water management plan should be considered according to the following order of preference. Limitations to this order of preference that may be recognized include natural site characteristics, financial feasibility, type of development, legal rights in redirecting storm water flows, and other restrictions specified in 34.06(2) and The Wisconsin Stormwater Manual. Part Two: Technical Design Guidelines for Stormwater BMP's (Wisconsin Department of Natural Resources, in preparation). 1. On-site infiltration measures for rooftop, sidewalk, parking lot and driveway runoff, 2. On-site and off-site infiltration style conveyance measures, 3. Off-site wet detention measures, 4. On-site wet detention measures, 5. Extended detention measures, 6. Off-site infiltration measures. 0 34.07 PERMITTING REQUIREMENT. PROCEDURES AND FEES (I) PERMIT REQUIRED. No one may undertake a land development activity subject to this ordinance without receiving a permit from the City of Muskego prior to commencing the proposed activity. (2) PERMIT APPLICATION AND FEE. Unless specifically excluded by this ordinance, any land owner or operator desiring a permit shall submit to the City of Muskego Plan Department a permit application made on a form provided by the City of Muskego for that purpose. (a) Unless otherwise excepted by this ordinance, a permit application must be accompanied by the following information as set forth in Table I. Table 1 Land Development Fee Maintenance Storm Water Permit Activity Agreement Grading Management Plan Plan Agricultural Use " " " " " Commercial " " X " X 1 & 2 Family Residential X X X X X 8 Ord. #994 Multi Family Residential X X X X X Subdivision Development X X X X X a Combined grading and drainage plan to be reviewed by city staff. Unless previously provided by Certified Survey Map, subdivision design, or other. If storm water management plan requires maintainable structures, (b) The storm water management plan shall be prepared to meet the requirements of 34.08 of this ordinance, the maintenance agreement shall be prepared to meet the requirements of 34.09 of this ordinance, and fees shall be those established by the City of Muskego. (c) Fees for the above noted permits shall be in such amount as may be established by the City of Muskego Common Council from time to time by separate resolution. (3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The City of Muskego shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used: (a) Within 60 business days of the receipt of a complete permit application and receipt of the submittal of any additional or amended or supporting data, whichever comes last, including all documents as required by 34.07(2)(a), the City of Muskego shall inform the applicant whether the application, plan and maintenance agreement are approved, approved as amended andor with conditions, or disapproved. The City of Muskego shall base the decision on requirements set forth in 34.06, 34.08, and 34.09 of this ordinance. (b) If the storm water permit application, plan and maintenance agreement are approved, the City of Muskego shall issue the permit. (c) If the storm water permit application, plan or maintenance agreement are disapproved, the applicant may revise the storm water management plan, grading plan(s) or maintenance agreement, or may appeal the decision of the City of Muskego as provided for in 34.1 I of this ordinance. (4) STORM WATER PRACTICE INSTALLATION AND MAINTENANCE PERFORMANCE SECURITY The City of Muskego may, at its discretion, require the submittal of a cash or letter of credit performance security prior to issuance of the permit in order to insure that the storm water practices are installed and maintained by the permit holder as required by the storm water management plan. The amount of the installation performance security shall be determined by the City of Muskego, not to exceed the total estimated construction cost of the storm water management practices approved under the permit unless otherwise specified in the permit. The amount of the maintenance performance security shall be determined by the City of Muskego, not to exceed the maintenance costs estimated in the storm water plan for the period during which the permit holder has maintenance responsibility. The amount of said security shall also include the estimated amount of costs to the City as defined in 34.04(20). The performance security shall contain forfeiture provisions for failure to complete 9 Ord. #994 work specified in the storm water management plan. Conditions for the release of performance 0 security are as follows: (a) The performance security, minus any costs incurred by the City of Muskego to conduct required maintenance, design, engineering, preparation, checking and review of designs, plans, and specifications; supervision and inspection to insure that construction is in compliance with applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance, shall be released in full only upon submission of "as built plans" and written certification by a registered professional engineer in the State of Wisconsin that the storm water practice(s) have been installed in accordance with the approved plan and other applicable provisions of this ordinance and after approval of the City Engineer. The City of Muskego may make provisions for a partial pro-rata release of the performance security based on the completion of various development stages including the final inspection of landscaping material. (5) PERMIT CONDITIONS. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The City of Muskego may suspend or revoke a permit for violation of a permit condition, following written notification to the permittee. An action by the City of Muskego to suspend or revoke this permit may be appealed in accordance with 34.1 I of this ordinance. Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations. The permit holder shall design, install, and maintain all structural and non- structural storm water management measures in accordance with the approved storm water management plan, storm water management guide, maintenance agreement, and this permit. The permit holder shall notify the City of Muskego at least 3 business days before commencing any work in conjunction with the storm water management plan, and within 5 business days upon completion of the storm water management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the City of Muskego so that installation(s) of storm water management practices can be inspected during construction. Completed storm water management practices must pass a final inspection to determine if they are in accordance with the approved storm water management plan, storm water management guide and ordinance. The inspection must be made by the City of Muskego, or other competent professionals identified by the City of Muskego. The City of Muskego shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of the permit. The permit holder is further required to submit a certificate of completion, stating the completion of the permitted work in accordance with the plans, City of Muskego, state and federal requirements. The 10 certificate must be signed by the permit holder, the contractor, the design engineer, and authorized City representative. The permit holder shall notify the Public Works Committee of any significant modification(s) it intends to make to an approved storm water management plan, grading plan or maintenance agreement. The Department of Public Works and Engineering may require that the proposed modification(s) be submitted for approval prior to incorporation into the storm water management plan and execution. The permit holder shall maintain all storm water management practices specified in the approved storm water management plan until the practices either become the responsibility of the City of Muskego, or are transferred to subsequent private owners as specified in the approved maintenance agreement. The permit holder authorizes the City of Muskego to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents to placing associated costs upon the tax roll as a special lien against the property which may be collected as special charges pursuant to s. 66.60(16) Wis. Stats by the City of Muskego or to charging such costs against the letter of credit, or cash posted for the project. If so directed by the City of Muskego, the permit holder shall repair at the permit holder’s own expense all damage to adjoining municipal facilities and drainage ways caused by storm water runoff, where such damage is caused by activities that are not in compliance with the approved storm water management plan. The permit holder shall permit property access to the City of Muskego for the purpose of inspecting the property for compliance with the approved storm water management plan and the permit. Where necessary, it shall be the responsibility of the permit holder to obtain from adjacent property owners any easements or other required property interests concerning flowage of water. Issuance of the permit does not create or affect any such rights. The permit holder is subject to the enforceable actions detailed in 34.10 of the storm water management ordinance if the permit holder fails to comply with the terms of the permit. (6) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the City of Muskego notifies the permit holder that all storm water management practices (including landscaping materials) have passed the final inspection required under Permit Condition. 34.08 STORM WATER MANAGEMENT PLANS (1) PLAN REQUIREMENTS. The storm water management and grading plan required under 34.07 of this ordinance shall contain any such information the City of Muskego may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality I1 Ord. #994 and quantity of storm water discharges, the potential impacts upon water resowces and drainage systems, and the effectiveness and acceptability of proposed storm water management measures in meeting the performance standards set forth in this ordinance. Unless specified otherwise by this ordinance, storm water management and grading plans shall contain at a minimum the information described within the storm water management permit application provided by the City of Muskego. All site investigations, plans, designs, computations, and drawings for storm water management measures shall be certified by a registered professional engineer in the State of Wisconsin and be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by the City of Muskego. (2) EXCEPTIONS. The City of Muskego may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under 34.06(3) of this ordinance. 34.09 MAINTENANCE AGREEMENT (1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for storm water management practices under 34.07(2) of this ordinance shall be an agreement between the City of Muskego and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the storm water management practices. (2) AGREEMENT PROVISIONS. The maintenance agreement shall contain the following provisions: (a) The landowner(s), agent(s), or assign(s) shall maintain storm water management practices in accordance with the storm water practice maintenance provisions contained in the approved storm water management plan submitted under 34.07(2) of this ordinance. (b) The City of Muskego is authorized to access the property to conduct inspections of storm water practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved storm water management plan. (c) The City of Muskego shall maintain public records of the results of the site inspections, shall inform the landowner(s), agent(s), or assign(s) responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water management practice into proper working condition and a reasonable time frame during which the corrective action must be taken. (d) The City of Muskego is authorized to perform the corrected actions identified in the inspection report if the landowner(s), agent(s), or assign(s) does not make the required corrections in the specified time period. The City of Muskego shall specially charge the landowner(s), agent(s), or assign(s) for the cost of such work which may be collected as special charges pursuant to s. 66.60( 16) Wis. Stats. by the City of Muskego. 12 Ord. #994 (3) TERMINATION OF AGREEMENT The maintenance agreement shall be terminated at such time that responsibility for maintenance of the storm water management practice is legally transferred to the City of Muskego or agency acceptable to the City of Muskego, through a written, binding agreement. The termination date of the maintenance agreement required under 34..09(1) shall be the date upon which the legal transfer of maintenance responsibility to the City of Muskego or agency is made effective. 34.10 ENFORCEMENT AND PENALTIES Any land development activity initiated after the effective date of this ordinance by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with said provisions. The City of Muskego shall notify the responsible owner or operator in writing of any non- complying land development activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. Upon receipt of written notification from the City of Muskego, the permit holder shall correct work which does not comply with the storm water management plan or other provisions of this permit within 30 days. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City of Muskego in the notice. The City of Muskego is authorized to post a stop work order on all land development activity in violation of this ordinance, or to request the City of Muskego attorney or corporation counsel to obtain a cease and desist order. The City of Muskego may revoke a permit issued under this ordinance for noncompliance with ordinance provisions. Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the City of Muskego or by a court of competent jurisdiction. The City of Muskego is authorized to refer any violation of this ordinance, or of a stop work order or cease and desist order issued pursuant to this ordinance, to the City of Muskego attorney for the commencement of further legal proceedings. Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to the general penalty provisions of the Muskego Municipal Code 25.04. Each day that the violation exists shall constitute a separate offense. Every violation of this ordinance is a public nuisance. Compliance with this ordinance may be enforced by injunctional order at the suit of the City of Muskego pursuant to s. 62.23(8) Wis. Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings. When the City of Muskego determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan submitted and approved pursuant to 34.07 of this ordinance, or has failed to comply with schedules set forth in said storm water management plan, the City of Muskego or a party 13 Ord. #994 designated by the City of Muskego may enter upon the land and.perfo-m the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The City of Muskego shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any performance or maintenance security posted pursuant to 34.07 of this ordinance. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be 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. 34.11 APPEALS (I) BOARD OF APPEALS. The Zoning Board of Appeals, created under chapter one of the City of Muskego Municipal Code pursuant to s. 62.23(7)(e) Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Engineering Department in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this ordinance which are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship. (2) WHO MAY APPEAL. Appeals to the board of appeals or adjustments may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Muskego affected by any decision of the City of Muskego. a SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after its passage and publication. t@ PASSED AND APPROVED THIS DAY OF SEPTEMBER, 1999 CITY OF MUSKEGO First Reading: 08/24/99 ATTEST. a/u" Cover Ordinance Published on the day of September, 1999. 14 Suzanne Sobczyk being duly sworn, doth depose and say that she is an authorized representative of The MUSKEG0 SUN, a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on Waukeslia County. Wisconsin. do ordain as rollows: m: Chapter 34 ofthe Municipal Code Of the City of Muskego, Wisconsin is hereby created. -2: Chapter 34 orthe Municipal Code. entitled "An Ordinance to Create Chapter 34 of the Water Management)'' is hereby amended and Municipal Code of the Clty of Muskego (Storm adopted as Ordinance (1994 and made a part of the Municipal Code ofthe City. -: A copy of said Ordinance has been on Ale in thd Ofke of the City Clerk-Treasurer and open 10 public inspection for noL less than two week prior to the date of this Ordinance and said Ordinance is hereby incorporated into the Muntcm- pal Code althe City. SECTION 4: The several sections of this ordi- nance are declared to be severable If any section or portion thekof shall be declared by a decmsion of a courtorcompetentjurisdiction LO be invalld, unlaw~ lul, OT unenforceable. such decismn shall'appiyonlY to the pxilic section or portion thereof drectly speclfiedm the deelrion. and not affect the validity. of all other provismns. sections or portion thereofor the ordinance which shall remain in lull force and e&ct Any other ordinance whose terms conflrct with the pro~ismn~ of thlr ordnance are hereby repealed as to those terms that conflict. SECTION 5 This ordinance IS in full force and e(fec1 from and alter iLs passage and publication. PASSED AND APPROVED THIS I4TH DAY OF SEPTEMBER, 1999 CITY OF MUSKEGO David L. De Angelis. Mayor ~~~.c.~~~~"~c.?~,ciI...~r +.~CCY .Omwc- ATTEST. Clerk.Weensurer ........................................ 0. ...... ....... ............ ............................ (Signed) ..... s ......x ........ EPER .d>?.l\d.. ... day of.. ... .... ,, .., 19,. .. ?.?. .... ..... L&uh ..... .......... Neublic, MiIRkT CduFein ~~~~~ MY Commlon expires.. ..... .W. . .................. PROP0,YED AMENDMENT COMMON COUNCIL - ClTY OF MUSKEGO ORDINANCE #994 AN ORDINANCE TO CREATE CHAPTER 34 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (STORM WATERMANAGEMENT) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1. Chapter 34 of the Municipal Code of the City of Muskego, Wisconsin is hereby created. SECTION 2: Chapter 34 of the Municipal Code, entitled “An Ordinance to Create Chapter 34 of the Municipal Code of the City of Muskego (Storm Water Management)” is hereby adopted as Ordinance #994 and made a part of the Municipal Code of the City. SECTION 3. A copy of said Ordinance has been on file in the Office of the City Clerk-Treasurer and open to public inspection for not less than two weeks prior to the date of this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of the City SECTlON 4: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 5: This ordinance is in full force and effect from and after its passage and publication, PASSED AND APPROVED THIS ~ DAY OF , 1999 CITY OF MUSKEGO David L. De Angelis. Mayo1 ATTEST. First Reading: 8/24/99 Clerk-Treasurer Published on the day of September, 1999. 8l99jmb COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #994 AN ORDINANCE TO CREATE CHAPTER 34 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (STORM WATER MANAGEMENT) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1. Chapter 34 of the Municipal Code of the City of Muskego, Wisconsin is hereby created to read as follows: 34.01 AUTHORITY This ordinance is adopted by the City of Muskego under the authority granted by s. 62.234 Wis. Stats. This ordinance supersedes all conflicting and contradictory storm water management regulations previously enacted under s. 62.23, Wis. Stats. Except as specifically provided for in s. 62.234 Wis. Stats., s. 62.23 Wis. Stats. applies to this ordinance and to any amendments to this ordinance. The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body. The City of Muskego hereby designates the City Engineer to administer and enforce the provisions of this ordinance. The requirements of this ordinance do not pre-empt storm water management requirements that may be imposed by Wisconsin Pollutant Discharge Elimination System (WPDES) Permits issued by the Department ofNatural Resources under s. 147.021 Wis. Stats. 34.02 FINDINGS OF FACT (I) The City of Muskego finds that uncontrolled storm water runoff from land development activity has a significant impact upon water resources and the health, safety, and general welfare of the community. Specifically, uncontrolled storm water runoff can: (a) degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, and diminishing stream base flows; (b) diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing loadings of nutrients and other urban pollutants; (c) alter wetland communities by changing wetland hydrology and by increasing pollutant loads; (d) reduce the quality of groundwater by increasing pollutant loads; (e) threaten public health, safety, property, and general welfare by overtaxing storm sewers, drainage ways and other minor drainage facilities; Ord. #994 (0 threaten public health, safety, property, and general welfare by increasing major flood peaks and volumes; (8) undermine floodplain management efforts by increasing the incidence and levels of flooding; (h) diminish the public enjoyment of natural resources. 34.03 PURPOSE AND INTENT (I) PURPOSE. The purpose of this ordinance is to set forth storm water requirements and criteria which will prevent and control water pollution, diminish the threats to public health, safety, welfare, and aquatic life due to runoff of storm water from development or redevelopment. (2) INTENT It is the general intent of the City of Muskego that this ordinance achieve its purpose through: (a) regulating long-term, post-construction storm water discharges from land development activities; (b) controlling the quantity, peak flow rates, and quality of storm water discharges from land development activities; (c) providing services to maintain and enhance the quality of life within the community. To this end the City of Muskego will manage storm water to protect, maintain and enhance the natural environment; diversity of fish and wildlife; human life; property; and recreational use of waterways within the City of Muskego. 34.04 DEFINITIONS “Agricultural use” means bee keeping; commercial feed-lots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint, and seed crops; raising of fruits, nuts, and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 383 1 to 3836; participation in the mile production termination program under 7 USC 1446 (d); and vegetable raising. (s. 91.01(1) Wisconsin State Statutes). “Best Management Practice” means the most effective, practical measures to control nonpoint sources of pollutants that runoff from land surfaces. “Business day” means a day which oftices of the City of Muskego are routinely and customarily open for business. “Cease and desist order” means a court issued order to halt land developing activity that is being conducted without the required permit. “Commercial land development” means all development excluding residential development and agricultural use. “Common plan of development” means all lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of L property where multiple separate and distinct land developing activity may take place at different times and on different schedules. "Discharge volume" means the quantity of runoff discharged from the land surface as the result of a rainfall event. "Existing land use condition" means the condition of the proposed development site and the adjacent properties that is present at the time of the storm water permit application. This term applies only for the purpose of properly sizing the storm water conveyance system in accordance to the requirements of this ordinance in 34,06(1)(b). "Fee in lieu" means a payment of money to the City of Muskego in place of meeting all or part of the storm water performance standards required by this ordinance. "Governing body" means the City of Muskego Common Council. "Infiltration" means the process by which rain or surface runoff penetrates into the underlying soil. "Land development activity" means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This term does not include agricultural cropping activities, andor parking lots associated with agricultural activities. "Maintenance agreement" means a legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of storm water management practices. "Natural wetlands" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. These wetlands include existing, mitigation and restored wetlands. "Non-storm water discharge" means a discharge to the storm sewer system created by some process other than the runoff from precipitation. "Non-structural measure" means a practice, technique, or measure to reduce the volume, peak flow rate, or pollutants, in storm water that does not require the design or installation of fixed storm water management facilities. "Off-site'' means lands located outside the subject property boundary described in the permit application for land development activity. "On-site" means lands located within the subject property boundary described in the permit application for land development activity. "Peak flow or peak flow discharge rate" means the maximum rate at which a unit volume of storm water is discharged. This is usually expressed in terms of cubic feet per second (c fs) . "Performance security" means cash or an irrevocable letter of credit submitted to the City of Muskego, in a form acceptable to the City, by the permit holder to assure that requirements of the ordinance are carried out in compliance with the storm water management plan and to recover any costs incurred by the City for design, engineering, preparation, checking and review of plans and specifications, regulations and ordinances; 3 Ord. #994 and legal, administrative and fiscal work undertaken to assure and implement such compliance. "Permit" means a written authorization made by the City of Muskego to the applicant to conduct land development activities. "Permit application fee" means a sum of money paid to the City of Muskego by the permit applicant for the purpose of recouping expenses incurred by the authority in administering the permit. "Post-development land use condition" means the extent and distribution of land cover types, anticipated to occur under conditions of full development, that will influence precipitation runoff and infiltration. "Pre-development land use condition" means land which has runoff characteristics equivalent to runoff Curve Numbers (CNs) of: 30, 58, 71, and 78 for Hydrologic Soil Groups A, B, C, and D, respectively (as described in the USDA Soil Survey of Milwaukee and Waukesha Counties, Wisconsin, 1971). This term is used for the purpose of matching of pre- and post- development storm water peak flows as required by this ordinance in 34.06(1)(a). "Pre-treatment" is the practice of reducing pollutants in storm water before discharging the storm water to a wetland or another pollution control structure. "Residential land development" means that which is created to house people, including the residential dwellings as well as all affected portions of the development including lawns, driveways, sidewalks, garages, and access streets. This type of development includes single family, multi-family, apartment, and trailer parks. "Stop work order" means an order issued by the City of Muskego which requires that all construction activity on the site be stopped. "Storm water conveyance system'' means any method employed to carry storm water runoff from a development to the waters of the State. Examples of methods include: swales, channels, and storm sewers. "Storm water management plan" means a document provided by the land developer, land owner, or permit holder that identifies what actions will be taken to reduce storm water quantity and pollutant loads from the post-development land use condition to levels meeting the requirements of this ordinance. "Storm water runoft' means that portion of precipitation that does not soak into the soil, and thus flows off the surface of the land and into the natural or artificial conveyance network. "Storm water management measure" means structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, andor peak flow discharge rates. "Wetland functional value" means the type, quality, and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation, and education. 4 Ord. #994 34.05 APPLICABlLlTY AND JURISDICTION (1) APPLICABILITY This ordinance applies to land development and redevelopment activities which meet the applicability criteria specified in this section. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. (a) residential land development; (b) commercial land development (includes industrial and business zoned areas); (c) land development activity which in the opinion of the City Engineer is likely to result in storm water runoff which causes undue channel erosion, increases water pollution or which endangers downstream property or public safety. (2) JURISDICTION. This ordinance applies to land development activities within the boundaries of the City of Muskego. (3) WAIVERS. Requests to waive the storm water management plans requirements shall be submitted to the City of Muskego for approval. Waivers may be granted if it can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance. 34.06 STORM WATER MANAGEMENT STANDARDS (1) STORM WATER DISCHARGE RATE. Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish on-site management practices to control the peak flow rates of storm water discharged from the site as described in this ordinance. Infiltration of storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas shall be incorporated to the maximum extent practical to provide volume control in addition to control of peak flows. (a) Storm water runoff from the site shall be managed such that the peak flow generated from a 100 year storm under “post-development’’ conditions shall not exceed the peak flow generated from a 2 year storm under “pre-development” conditions (as defined in 34.04 (24)) for the 24 hour duration storm. (b) All storm water conveyance systems within the proposed development, shall be designed to completely contain the peak storm flows as described in 34,06(1)(b)(I., 2., and 3). Calculations for determining peak flows for conveyance system sizing shall use Curve Numbers based on the existing or future proposed land use for off-site areas (whichever results in the highest peak flows), and the proposed land use for the on-site areas. Appropriate Curve Numbers are described in Urban Hydrology for Small Watersheds. TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992. An alternative method that may be used is the Rational Method as described in Chapter 13 of the Wisconsin Department of Transportation Facilities 5 Ord. #994 Development Manual. a 1 For open channel conveyance systems the peak flow from the 25 year, 24 hour storm shall be completely contained within the channel bottom and banks. 2. For storm sewer pipes the peak flow from the IO year, 24 hour storm shall be completely contained within the pipes with no surcharging. 3. For storms greater than the IO year, 24 hour event, and up to the 100 year, 24 hour event, ponding shall not exceed existing or proposed street right of way, which ever is less. In no case shall the depth of water exceed 12 inches at the outer edge of pavement. Determination of peak flow rates and volume of runoff for purposes of meeting the requirements of 34.06(1)(a) and (b) shall be computed by procedures based on the principals and procedures described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June 1992. Other calculation methods must be approved by the City of Muskego Public Works Committee. The rainfall distributions for the storm events shall be based on the SCS Type 11 storms as described in Urban Hydrology for Small Watershed, TR-55 (Technical Release 55) published by the Engineering Division, United States Natural Resource Conservation Service (formerly known as the Soil Conservation Service) United States Department of Agriculture, June, 1992. Increases or decreases in the hydrology of natural wetlands shall be minimized. Existing wetlands shall not be incorporated in the proposed storm water management practice for peak flow control. Peak flow shall be managed prior to discharge to an existing wetland, Should any changes to natural wetlands be proposed, the impact of the proposal on wetland functional values shall be assessed. Significant changes to wetland functional values shall be avoided (as defined by Wisconsin Administrative Code NR 103). (2) STORM WATER DISCHARGE QUALITY Unless otherwise provided for in this ordinance, all land development activities subject to this ordinance shall establish on-site management practices to control the quality of storm water discharged from the site. On- site management practices shall be used to meet the following minimum standard: (a) Storm water management measures shall be designed to remove on an average annual basis a minimum of 80% of the total suspended solids load from the proposed on-site development when compared to the proposed on-site development without storm water management measures. The effectiveness of the storm water management measures shall be evaluated using the Source Loading and Management Model (SLAMM) or other models as approved by the City of Muskego Public Works Committee. (b) Discharge of urban storm water pollutants to natural wetlands without pre- 6 treatment shall be avoided to the extent practical. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City of Muskego Public Works Committee in conjunction with the City Engineer. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the WDNR. Significant changes to wetland functional values due to storm water pollutant loads shall be avoided. (c) Storm water discharges shall be pre-treated prior to discharge to an infiltration best management practice. Storm water infiltration is prohibited under the following circumstances: 1. Storm water is generated from highly contaminated source areas at manufacturing industrial sites; 2. Storm water is carried in a conveyance system that also carries contaminated, non-storm water discharges; 3. Storm water is generated from construction sites. (d) Storm water ponds and infiltration devices shall not be located closer to water supply wells than indicated in State Administrative Code NR 811,16(4) and 812.08(4) and the City of Muskego Municipal Code 28.02 (2) and 17:9.11, EXCEPTIONS. The minimum requirements for on-site storm water management practices established in 34.06 (1) and (2) may be waived in whole or in part by the City of Muskego upon written request of the applicant, provided that at least one of the following conditions applies: (a) Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the City of Muskego and that is required to be implemented by local ordinance. (b) Provisions are made to manage storm water by an off-site facility This requires that the off-site facility is in place, is designed and adequately sized to the requirements of this ordinance, and has a legally obligated entity responsible for long-term operation and maintenance of the storm water practice. (c) Innovative storm water management systems that do not meet 34.06(1) or (2) are reviewed and acted upon by the City Engineer and approved by the Public Works Committee. FEE IN LIEU OF ON-SITE STORM WATER MANAGEMENT PRACTICES. Where the City of Muskego waives all or part of the minimum on-site storm water management requirements under 34.06(3)(a), or where the waiver is based on the provision of adequate storm water facilities provided by the City of Muskego downstream of the proposed development, as provided for under 34.06(3)(b), the applicant shall be required to pay a fee in an amount as determined by the City of Muskego pursuant to s. 66.076 Wisconsin Stats. and any other applicable law. GENERAL CONSIDERATIONS FOR ON-SITE STORM WATER MANAGEMENT MEASURES. The following considerations shall be observed in managing storm water 7 0 Ord. #994 runoff. 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, (as determined by the Public Works Committee) to meet the requirements of this section. Storm water management measures used in developing the storm water management plan should be considered according to the following order of preference. Limitations to this order of preference that may be recognized include natural site characteristics, financial feasibility, type of development, legal rights in redirecting storm water flows, and other restrictions specified in 34.06(2) and The Wisconsin Stormwater Manual. Part Two: Technical Design Guidelines for Stormwater BMP's (Wisconsin Department of Natural Resources, in preparation). 1 On-site infiltration measures for rooftop, sidewalk, parking lot and driveway runoff, 2. On-site and off-site infiltration style conveyance measures, 3. Off-site wet detention measures, 4. On-site wet detention measures, 5. Extended detention measures, 6. Off-site infiltration measures. MITTING REQUIREMENT. PROCEDURES AND FEES (1) PERMIT REQUIRED. No one may undertake a land development activity subject to this ordinance without receiving a permit from the City of Muskego prior to commencing the proposed activity. (2) PERMIT APPLICATION AND FEE. Unless specifically excluded by this ordinance, any land owner or operator desiring a permit shall submit to the City of Muskego Plan Department a permit application made on a form provided by the City of Muskego for that purpose. (a) Unless otherwise excepted by this ordinance, a permit application must be accompanied by the following information as set forth in Table I. Table 1 I Land Development Fee Maintenance Storm Water Permit Activity Agreement Grading Management Plan Plan Agricultural Use " " X " X 1 & 2 Family Residential X X X X X Commercial " " " " " 8 Ord. #994 Multi Family Residential X X X X X Subdivision Development X X X X X a Combined grading and drainage plan to be reviewed by city staff. b Unless previously provided by Certified Survey Map, subdivision design, or other. If storm water management plan requires maintainable structures. (b) The storm water management plan shall be prepared to meet the requirements of 34.08 of this ordinance, the maintenance agreement shall be prepared to meet the requirements of 34.09 of this ordinance, and fees shall be those established by the City of Muskego. (c) Fees for the above noted permits shall be in such amount as may be established by the City of Muskego Common Council from time to time by separate resolution. (3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The City of Muskego shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used: (a) Within 60 business days of the receipt of a complete permit application and receipt of the submittal of any additional or amended or supporting data, whichever comes last, including all documents as required by 34.07(2)(a), the City of Muskego shall inform the applicant whether the application, plan and maintenance agreement are approved, approved as amended and/or with conditions, or disapproved. The City of Muskego shall base the decision on requirements set forth in 34.06, 34.08, and 34.09 of this ordinance. (b) If the storm water permit application, plan and maintenance agreement are approved, the City of Muskego shall issue the permit. (c) If the storm water permit application, plan or maintenance agreement are disapproved, the applicant may revise the storm water management plan, grading plan(s) or maintenance agreement, or may appeal the decision of the City of Muskego as provided for in 34. I1 of this ordinance. (4) STORM WATER PRACTICE INSTALLATION AND MAINTENANCE PERFORMANCE SECURITY The City of Muskego may, at its discretion, require the submittal of a cash or letter of credit performance security prior to issuance of the permit in order to insure that the storm water practices are installed and maintained by the permit holder as required by the storm water management plan. The amount of the installation performance security shall be determined by the City of Muskego, not to exceed the total estimated construction cost of the storm water management practices approved under the permit unless otherwise specified in the permit. The amount of the maintenance performance security shall be determined by the City of Muskego, not to exceed the maintenance costs estimated in the storm water plan for the period during which the permit holder has maintenance responsibility. The amount of said security shall also include the estimated amount of costs to the City as defined in 34.04(20). The performance security shall contain forfeiture provisions for failure to complete 9 Ord. #994 work specified in the storm water management plan. Conditions for the release of performance security are as follows: (a) The performance security, minus any costs incurred by the City of Muskego to conduct required maintenance, design, engineering, preparation, checking and review of designs, plans, and specifications; supervision and inspection to insure that construction is in compliance with applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance, shall be released in full only upon submission of "as built plans" and written certification by a registered professional engineer in the State of Wisconsin that the storm water practice(s) have been installed in accordance with the approved plan and other applicable provisions of this ordinance and after approval of the City Engineer. The City of Muskego may make provisions for a partial pro-rata release of the performance security based on the completion of various development stages including the final inspection of landscaping material. (5) PERMIT CONDITIONS. All permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The City of Muskego may suspend or revoke a permit for violation of a permit condition, following written notification to the permittee. An action by the City of Muskego to suspend or revoke this permit may be appealed in accordance with 34.1 1 of this ordinance. Compliance with this permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state, and local laws and regulations. The permit holder shall design, install, and maintain all structural and non- structural storm water management measures in accordance with the approved storm water management plan, storm water management guide, maintenance agreement, and this permit. The permit holder shall notify the City of Muskego at least 3 business days before commencing any work in conjunction with the storm water management plan, and within 5 business days upon completion of the storm water management practices. If required as a special condition, the permit holder shall make additional notification according to a schedule set forth by the City of Muskego so that installation(s) of storm water management practices can be inspected during construction. Completed storm water management practices must pass a final inspection to determine if they are in accordance with the approved storm water management plan, storm water management guide and ordinance. The inspection must be made by the City of Muskego, or other competent professionals identified by the City of Muskego. The City of Muskego shall notify the permit holder in writing of any changes required in such practices to bring them into compliance with the conditions of the permit. The permit holder is further required to submit a certificate of completion, stating the completion of the permitted work in accordance with the plans, City of Muskego, state and federal requirements. The 10 Ord. #994 0 0 0 certificate must be signed by the permit holder, the contractor, the design engineer, and authorized City representative. (e) The permit holder shall notify the Public Works Committee of any significant modification(s) it intends to make to an approved storm water management plan, grading plan or maintenance agreement. The Department of Public Works and Engineering may require that the proposed modification(s) be submitted for approval prior to incorporation into the storm water management plan and execution. (9 The permit holder shall maintain all storm water management practices specified in the approved storm water management plan until the practices either become the responsibility of the City of Muskego, or are transferred to subsequent private owners as specified in the approved maintenance agreement. (g) The permit holder authorizes the City of Muskego to perform any work or operations necessary to bring storm water management measures into conformance with the approved storm water management plan, and consents'to placing associated costs upon the tax roll as a special lien against the property which may be collected as special charges pursuant to s. 66.60(16) Wis. Stats by the City of Muskego or to charging such costs against the letter of credit, or cash posted for the project. (h) If so directed by the City of Muskego, the permit holder shall repair at the permit holder's own expense all damage to adjoining municipal facilities and drainage ways caused by storm water runoff, where such damage is caused by activities that arc not in compliance with the approved storm water management plan. (i) The permit holder shall permit property access to the City of Muskego for the purpose of inspecting the property for compliance with the approved storm water management plan and the permit. 6) Where necessary, it shall be the responsibility of the permit holder to obtain from adjacent property owners any easements or other required property interests concerning flowage of water. Issuance of the permit docs not create or affect any such rights. (k) The permit holder is subject to the enforceable actions detailed in 34.10 of the storm water management ordinance if the permit holder fails to comply with the terms of the permit. (6) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the City of Muskego notifies the permit holder that all storm water management practices (including landscaping materials) have passed the final inspection required under Permit Condition. 34.08 STORM WATER MANAGEMENT PLANS (I) PLAN REQUIREMENTS. The storm water management and grading plan required under 34.07 of this ordinance shall contain any such information the City of Muskego may need to evaluate the environmental characteristics of the area affected by land development activity, the potential impacts of the proposed development upon the quality 11 Ord. #994 and quantity of storm water discharges, the potential impacts upon water resources and drainage systems, and the effectiveness and acceptability of proposed storm water management measures in meeting the performance standards set forth in this ordinance. Unless specified otherwise by this ordinance, storm water management and grading plans shall contain at a minimum the information described within the storm water management permit application provided by the City of Muskego. All site investigations, plans, designs, computations, and drawings for storm water management measures shall be certified by a registered professional engineer in the State of Wisconsin and be prepared in accordance with accepted engineering practice and in accordance with criteria set forth by the City of Muskego. (2) EXCEPTIONS. The City of Muskego may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under 34.06(3) of this ordinance. 34.09 MAINTENANCE AGREEMENT MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required for storm water management practices under 34.07(2) of this ordinance shall be an agreement between the City of Muskego and the permittee. The agreement shall be recorded as a property deed restriction by the permit applicant with the County Register of Deeds so that it is binding upon all subsequent owners of land served by the storm water management practices. AGREEMENT PROVISIONS. The maintenance agreement shall contain the following provisions: The landowner(s), agent(s), or assign(s) shall maintain storm water management practices in accordance with the storm water practice maintenance provisions contained in the approved storm water management plan submitted under 34.07(2) of this ordinance. The City of Muskego is authorized to access the property to conduct inspections of storm water practices as necessary to ascertain that the practices are being maintained and operated in accordance with the approved storm water management plan. The City of Muskego shall maintain public records of the results of the site inspections, shall inform the landowner(s), agent(s), or assign(s) responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water management practice into proper working condition and a reasonable time frame during which the corrective action must be taken. The City of Muskego is authorized to perform the corrected actions identified in the inspection report if the landowner(s), agent(s), or assign(s) does not make the required corrections in the specified time period. The City of Muskego shall specially charge the landowner(s), agent(s), or assign(s) for the cost of such work which may be collected as special charges pursuant to s. 66.60(16) Wis. Stats. by the City of Muskego. Ord. #994 (3) TERMINATION OF AGREEMENT The maintenance agreement shall be terminated at such time that responsibility for maintenance of the storm water management practice is legally transferred to the City of Muskego or agency acceptable to the City of Muskego, through a written, binding agreement. The termination date of the maintenance agreement required under 34..09(1) shall be the date upon which the legal transfer of maintenance responsibility to the City of Muskego or agency is made effective. 34.10 ENFORCEMENT AND PENALTIES Any land development activity initiated after the effective date of this ordinance by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with said provisions. The City of Muskego shall notify the responsible owner or operator in writing of any non- complying land development activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. Upon receipt of written notification from the City of Muskego, the permit holder shall correct work which does not comply with the storm water management plan or other provisions of this permit within 30 days. The permit holder shall make corrections as necessary to meet the specifications and schedule set forth by the City of Muskego in the notice. The City of Muskego is authorized to post a stop work order on all land development activity in violation of this ordinance, or to request the City of Muskego attorney or corporation counsel to obtain a cease and desist order. The City of Muskego may revoke a permit issued under this ordinance for noncompliance with ordinance provisions. Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the City of Muskego or by a court of competent jurisdiction. The City of Muskego is authorized to refer any violation of this ordinance, or of a stop work order, or cease and desist order issued pursuant to this ordinance, to the City of Muskego attorney for the commencement of further legal proceedings. Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to the general penalty provisions of the Muskego Municipal Code 25.04. Each day that the violation exists shall constitute a separate offense. Every violation of this ordinance is a public nuisance. Compliance with this ordinance may be enforced by injunctional order at the suit of the City of Muskego pursuant to S. 62.23(8) Wis. Stats. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings. When the City of Muskego determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan submitted and approved pursuant to 34.07 of this ordinance, or has failed to comply with schedules set forth in said storm water management plan, the City of Muskego or a party 13 e Ord. #994 designated by the City of Muskego 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 of Muskego shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any performance or maintenance security posted pursuant to 34.07 of this ordinance. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be 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. 34.11 APPEALS (I) BOARD OF APPEALS. The Zoning Board of Appeals, created under chapter one of the City of Muskego Municipal Code pursuant to s. 62.23(7)(e) Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Engineering Department in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this ordinance which arc not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship. (2) WHO MAY APPEAL. Appeals to the board of appeals or adjustments may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Muskego affected by any decision of the City of Muskego. 0 SECTION 2: The several sections of this ordinance arc declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms conflict with the provisions of this ordinance arc hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS ~ DAY OF , 1999 CITY OF MUSKEG0 0 David L. DeAngelis, Mayor First Reading: 08/24/99 ATTEST, Clerk-Treasurer Cover Ordinance Published on the -day of September, 1999. 14