ORD20031147.
.
.
AMENDED
COMMON COUNCIL. CITY OF MUSKEGO
ORDINANCE #1147
AN ORDINANCE REPEAL AND RECREATE 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SECTION 1: Chapter 34 is hereby repealed and recreated and made a part of the
Municipal Code of the City of Muskego as adopted by Ordinance #1147, as amended.
SECTION 2: 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 3: 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 4: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 9th ,2009 DAY OF SEPTEMBER
CITY OF MUSKEGO
/f(wIÆ~ Mark A. Slocomb Mayor
First Reading: 8/12/03
Published on the 18th day of
September, 2003
ATTEST:
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1147
. AN ORDINANCE TO REPEAL AND RECREATE
CHAPTER 34
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Storm Water Management)
THE COMMON COUNCil OF THE CITY OF MUSKE GO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOllOWS:
SECTION 1: Chapter 34 of the Municipal Code of the City of Muskego, Wisconsin is
hereby repealed and recreated to read as follows:
.
.
CITY OF MUSKEGO
CHAPTER 34 - STORM WATER MANAGEMENT
(1)
. 34.01 AUTHORITY
(2)
(3)
(4)
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 goveming body.
The City of Muskego hereby designates the Engineering/Building Inspection Director 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 of Natural Resources under s. 147.021 Wis. Stats.
(1)
34.02 FINDINGS OF FACT
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)
.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Degrade physical stream habitat by increasing stream bank erosion, increasing
stream bed scour, diminishing groundwater recharge, and diminishing stream base
flows;
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;
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads;
Reduce the quality of groundwater by increasing pollutant loads;
Threaten public health, safety, property, and general welfare by overtaxing storm
sewers, drainage ways and other minor drainage facilities;
Threaten public health, safety, property, and general welfare by increasing major
flood peaks and volumes;
Undermine floodplain management efforts by increasing the incidence and levels of
flooding;
Diminish the public enjoyment of natural resources. .
Aggravate excessive infiltration and inflow of water into sanitary sewer connections
during peak storm events causing the conveyance system to surcharge, overflow or
back up into basements.
. 34.03 PURPOSE AND INTENT
(1) PURPOSE.
. (2)
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.
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.
(d) This chapter implements the Milwaukee Metropolitan Sewerage District Chapter 13
rules on release rates for development creating more than a de minimus amount of
new impervious surface, as amended from time to time, to reduce the probability of
increased regional floods as the metropolitan area approaches full build out forecast
for 2050.
34.04 DEFINITIONS
.
(2)
(3)
(4)
(5)
. (6)
(1) "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 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" or BMP means structural or non-structural measures,
practices, techniques or devices employed to:
(a) Avoid or minimize sediment or pollutants carried in runoff to waters of the state or
(b) Manage the rate or volume of runoff.
"Business day" means a day which offices 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 developmenf' means all development excluding residential development
and agricultural use.
"Common plan of developmenf' means all lands included within the boundary of a certified
surveyor 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.
(7)
(8)
.
(9)
(10)
(11)
(12)
(13)
(14)
(15)
.
(16)
(17)
(18)
(19)
(20)
.
(21)
"Critical Time" means the period starting at the time of peak rainfall intensity with a duration
equal to the time of concentration of the watershed.
"Design Storm" means a hypothetical discrete rainstorm characterized by a specific duration,
temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
"Developmenf' means construction of residential, commercial, industrial, or institutional land
uses and associated roads, including re-development.
"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 34.07(4)(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.
"Financial Guarantee" means a performance bond, maintenance bond, surety bond,
irrevocable letter of credit, or similar guarantees submitted to the City of Muskego by the
responsible party and acceptable to the City to assure that the requirements of the
ordinance are carried out in compliance with the storm water management plan.
"Governing body" means the City of Muskego Common Council.
"Impervious Surface" means any pavement or structural element that prevents rain surface
water runoff, or melting snow from infiltrating into the ground below, including, but not limited
to, roofs, and paved roads, driveways, and parking lots.
"Infiltration" means the process by which rain or surface runoff penetrates into the underlying
soil.
"Infiltration System" means a device or practice such as a basin, trench, rain garden or
swale designed specifically to encourage infiltration, but does not include natural infiltration
in pervious surfaces such as lawns, redirected rooftop downspouts onto lawns or minimal
infiltration from practices, such as swales or road side channels designed for conveyance
and pollutant removal only.
"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.
"MEP or Maximum Extent Practical" means a level of implementing best management
practices in order to achieve a performance standard specified in this ordinance which takes
into account the best available technology, cost effectiveness and other competing issues
such as human safety and welfare, endangered and threatened resources, historic
properties and geographic features. MEP allows flexibility in the way to meet performance
standards and may vary based on the performance standard and site conditions.
"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
(22)
.
(23)
(24)
(25)
(26)
(27)
(28)
. (29)
(30)
(31)
(32)
(33)
(34)
.
,
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 perinit
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, 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).
"Pre-treatmenf' is the practice of reducing pollutants in storm water before discharging the
storm water to a wetland or another pollution control structure.
"Public Right of Way" means any road, allay, street, parking lot, sidewalk, plaza, mall, or
pathway owned by or dedicated to the governmental unit.
"Recreational Trail" means a path that is:
(a)
(b)
Distinctly set apart from a roadway, street, alley
Designated for activities such as jogging, walking, hiking, bicycle riding, or similar
recreational activities not involving the use of motorized vehicles: and
(c) Not a sidewalk according to sec. 340.01 (58), Wisconsin Statutes.
(35)
. (36)
(37)
(38)
(39)
(40)
(41)
. (42)
(43)
(44)
(45)
(46)
(47)
(48)
.
(49)
"Regional Flood" means the peak flow and peak elevation of water with a one percent (1 %)
probability of occurring during anyone year, considering rainfall time and intensity patterns,
rainfall duration, area distribution, antecedent moisture, and snow melt.
"Re-Development" means new construction, modification or replacement of an older
development.
Residential land developmenf' 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.
"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
storm water BMP's.
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.
"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.
"TR-55" means the United States Department of Agriculture, Natural resources
Conservation Service, Urban Hydrology for Small Watershed, Second Edition, Technical
Release 55, June 1986.
"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 to all of Wisconsin and represents the most intense storm
pattern.
Water Quality Managemenf' means the stormwater standards and duties established under
the Clean Water Act 33 U.S.C. 1251 et. Seq., parallel state law regulating the discharge of
pollutants, and implementing regulations.
'Water Quantity Managemenf' means storm water 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.
'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.
34.05 APPLICABILITY AND JURISDICTION
. (1) APPLICABILITY.
This ordinance applies to land development and redevelopment activities which meet the
applicability criteria specified in this section. The water quality management duties apply to
property development disturbing five (5) or more acres outside of the "Urbanized Area" as
defined in NR 216 Phase II rule, and to property development disturbing one or more acres
after March 10, 2003, and the water quantity management duties apply to development that
increases impervious surface by one-half acre or more, unless the site is exempt under
paragraph (2) or (3). 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.
.
(2) A site meeting anyone of the following criteria is exempt from Storm Water quality
requirements.
(a)
(b)
(c)
(d)
(e)
(f)
(3)
(a)
(b)
Residential land development;
Commercial land development (includes industrial and business zoned areas);
(c) Land development activity which in the opinion of the Engineering/Building
Inspection Director is likely to result in storm water runoff which causes undue
channel erosion, increases water pollution or which endangers downstream property
or public safety.
A redevelopment post construction site with no increase in exposed parking lots or
roads.
A post-construction site with less than 10% connected imperviousness based on
complete development of the post-construction site, provided the cumulative area of
all parking lots and roof tops is less than one acre.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Routine maintenance for project sites under five (5) acres of land disturbance if
performed to maintain the original line and grade, hydraulic capacity or original
purpose of the facility.
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.
Water Quantity Management as defined in Chapter 13 MMSD duties do not apply if:
(a)
.
Residential Infill where the lot is five acres or less, the development is exclusively
residential, the net increase in the area of impervious surface is less than 20 % 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 when
the governmental unit receives the plans for the new development or parkland; or
other public land, a utility right of way, or a watercourse; or,
(b)
. (c)
(d)
. (5)
(4)
Sites where the area of impervious surface after the development will be 5% or less
of the total area of the site.
Recreational trails if the trail is less than or equal to ten (10) feet in width and has a
continuous pervious buffer at least five (5) feet wide on each side, disregarding
interruption by streets, driveways, or other impervious surfaces crossing the trail
Notwithstanding the applicability requirements in paragraph (a), this ordinance
applies to post-construction sites of any size that, in the opinion of the
Engineering/Building Inspection Director, is likely to result in the 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 transportation of particulate matter or that endangers property or public
safety.
JURISDICTION.
This ordinance applies to land development activities within the boundaries of the City of
Muskego. The provisions of Milwaukee Metropolitan Sewerage District's Chapter 13 shall
only apply to the lands included in the Ultimate Sanitary Sewer Service Boundary as
delineated in Chapter 4, System of Main and Intercepting Sewers, Extensions, and
Sewer Boundaries, Adopted August 18, 1982, Amended January 6, 1983, Amended July.
23, 1983. The provisions of Chapter 13.17 Outfalls and Storm Water Conveyance
Systems shall only apply to lands with watershed discharges tributary to the Root River
Watershed.
WAIVERS.
Requests to waive the storm water management plans requirements shall be submitted to
the Engineering/Building Inspection Director 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 TECHNICAL STANDARDS
The following methods shall be used in designing the water quality, peak flow shaving and
infiltration components of storm water practices needed to meet the requirements of this ordinance:
(1) Technical standards identified, developed or disseminated by the Wisconsin Department of
Natural Resources under subchapter V of Chapter NR 151, Wisconsin Administrative Code.
(2)
(3)
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 Engineering/Building Inspection Director.
The most recent rainfall data available from the South Eastern Regional Planning
Commission or more protective data shall be the basis for the analyses required by the
ordinance.
34.07 PERFORMANCE STANDARDS
. (1)
(2)
The responsible party shall implement a post-construction storm water management plan
that incorporates the requirements of this section.
PLAN.
A written storm water quality and quantity management plan in accordance with Section
34.09 shall be developed and implemented for each post-construction site.
(3)
.
REQUIREMENTS.
The water quality plan required under sub. (2) shall include the following:
(a) TOTAL SUSPENDED SOLIDS.
.
(b)
.
BMPs shall be designed, installed and maintained to control total suspended solids
carried in runoff from the post-construction site as follows:
1. For new development, by design, reduce to the maximum extent practicable,
the total suspended solids load by 80%, based on the average annual rainfall,
as compared to no runoff managed controls. No person shall be required to
exceed an 80% total suspended solids reduction to meet the requirements of
the subdivision.
2. For redevelopment, by design, reduce to the maximum extent practicable, the
total suspended solids load by 40%, based on the average annual rainfall, as
compared to no runoff management controls.
3. For in-fill development under five (5) acres that occurs within ten (10) years
after the effective date of this rule, by design reduce to the maximum extent
practicable, the total suspended solids load by 40%, based on an average
rainfall, as compared to no runoff management controls.
4. For in-fill development that occurs ten (10) or more years after the effective
date of this rule, by design, reduce to the maximum extent practicable, the
total suspended solids load by 80%, based on an average annual rainfall, as
compared to no runoff management controls.
5. Notwithstanding subds. 1 to 4, if the design cannot achieve the applicable
total suspended solids reduction specified, the storm water management plan
shall include a written and site specific explanation why the level of reduction
is not attained and the total suspended solids load shall be reduced to the
maximum extent practicable.
WATER QUANTITY AND MANAGEMENT OF PEAK RUNOFF
1. BMPs shall 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 may be implemented on either a watershed basis or individual
site basis.
3. When implemented on a watershed basis, the BMPs implemented at a
particular site shall comply with the findings of the relevant local or regional
storm water management plan, rather than subd. 4 or 5.
4. For the 50%/2-year, 24-hour design storm, BMPs shall be designed to either
a. Maintain or reduce the peak runoff discharge rates, to the maximum
extent practicable, as compared to pre-development conditions, or
b. Achieve a maximum runoff release rate of 0.15 cubic feet per second
per acre, whichever is more stringent.
c. Pre-development conditions shall assume good hydrologic conditions
for appropriate land covers as identified in TR-55 or equivalent
.
.
.
methodology. The meaning of hydrologic soil group and runoff curve
numbers 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 1 shall be used.
Table 1 Maximum Pre-Development Runoff Curve Numbers for
CroDland Areas
Hvdroloaic Soil Group A B C D
Runoff Curve Number 56 70 79 83
5. For the 1%/100-year, 24-hour design storm, BMPs shall be designed to
achieve a runoff release rate that is less than or equal to either:
a. 0.5 cubic feet per second (cfs) per acre, or
b. A rate determined for the individual site that distributes runoff over the
critical time sufficient to comply with subd. 1, and meets MMSD
Chapter 13.11 (3)(b)(2).
6. BMPs shall be designed, installed and maintained to meet the standards of
subd. 4 and 5 and/or 34.07 (4) whichever is greater
(c) 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 subd. 5
through 8.
1. For residential developments one of the following shall be met:
a. Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least of the pre-development infiltration
volume, based on an average annual rainfall. However, when
designing appropriate infiltration systems to meet this requirement, no
more than 1 % of the project site is required as an effective infiltration
area.
b. Infiltrate 25% of the post-development runoff from the 2 year - 24 hour
design storm with a type II distribution. Separate curve numbers for
pervious and impervious surfaces shall be used to calculate runoff
volumes and not composite curve numbers as defined in TR-55.
However, when designing appropriate infiltration systems to meet this
requirement, no more than 1 % of the project site is required as an
effective infiltration area.
2. For non-residential development, including commercial, industrial and
institutional development, one of the following shall be met:
a. Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least 60% of the pre-development
infiltration volume, based on an average annual rainfall. However,
when designing appropriate infiltration systems to meet this
requirement, no more than 2% of the project site is required as an
effective infiltration area.
b. Infiltrate 10% of the runoff from the 2 year - 24 hour design storm with
a type distribution. Separate curve numbers for pervious and
impervious surfaces shall be used to calculate runoff volumes, and
.
.
.
not composite curve numbers as defined in TR-55. However, when
designing appropriate infiltration systems to meet this requirement, no
more than 2% of the project site is required as an effective infiltration
area.
3. Pre-development condition shall be the same as in par. (b).
4. Before infiltrating runoff, pretreatment shall be required for parking lot runoff
and for runoff from new road construction in commercial, industrial and
institutional areas that will enter an infiltration system. The pretreatment shall
be designed to protect the infiltration system from clogging prior to scheduled
maintenance and to protect groundwater quality in accordance with subd. 8.
Pretreatment options may include, but are not limited to, oil/grease
separation, sedimentation, biofiltration, filtration, swales or filter strips.
5. Infiltration Exclusions. The runoff from the following areas are prohibited from
meeting the requirements of this paragraph:
a. Areas associated with tier 1 industrial facilities identified in s. NR
216.21 (2)(a), Wis. Adm. Code, including storage, loading, rooftop and
parking.
b. Storage and loading areas of tier 2 industrial facilities identified in s.
NR 216.21 (2)(b) , Wis. Adm. Code.
c. Fueling and vehicle maintenance areas.
d. Areas within 1000 feet upgradient or within 100 feet downgradient of
karst features.
e. 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 subd. 5.e. does not prohibit infiltration of
roof runoff.
f. Areas with runoff from industrial, commercial and institutional parking
lots and roads and residential arterial roads with less than 5 feet
separation distance from the bottom of the infiltration system to the
elevation of seasonal high groundwater or the top of bedrock.
g. Areas within 400 feet of a community water system well as specified
in s. NR 811.16(4), Wis. Adm. Code, or within 100 feet of a private
well as specified in s. NR 812.08(4), Wis. Adm. Code, Municipal Code
28.02(2) and 17.9(11) for runoff infiltrated from commercial, industrial
and institutional land uses or regional devices for residential
development.
h. Areas where contaminants of concern, as defined in s. NR 720.03(2),
Wis. Adm. Code are present in the soil through which infiltration will
occur.
I. 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 3-foot soil
layer with 20% fines or greater; or at least a 5-foot soil layer with 10
percent fines or greater. This does not apply where the soil medium
within the infiltration system provides an equivalent level of protection.
This subd. 5.1. does not prohibit infiltration of roof runoff.
t
~
(d)
,
6.
c.
d.
e.
f.
7. a.
Infiltration Exemptions. The following are not required to meet the
requirements of this paragraph:
a. Areas where the infiltration rate of the soil is less than 0.6 inches/hour
measured at the site.
b. Parking areas and access roads less than 5,000 square feet for
commercial and industrial development.
Redevelopment post-construction sites.
In-fill development areas less than 5 acres.
Infiltration areas during periods when the soil on the site is frozen.
Roads in commercial, industrial and institutional land uses, and
arterial residential roads.
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 ch. NR 140, Wis. Adm. Code. However, if site
specific information indicates that compliance with a preventive action
limit is not achievable, the infiltration BMP may not be installed or
shall be modified to prevent infiltration to the maximum extent
practicable.
b. Notwithstanding par. a., 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.
a. For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in s. NR 103.04, 75 feet.
b. For perennial and intermittent streams identified on a United States
geological survey 7.5-minute series topographic map, or a county soil
survey map, whichever is more current, 50 feet.
c. For lakes, 50 feet.
d. For highly susceptible wetlands, 50 feet. Highly susceptible wetlands
. include the following types: fens, sedge meadows, bogs, low prairies,
conifer swamps, shrub swamps, other forested wetlands, fresh wet
meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with s. NR 103.08(1m). This paragraph does not apply to wetlands
.
.
.
2.
3.
4.
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.
e. For less susceptible wetlands, 10 percent of the average wetland
width, but no less than 10 feet nor more than 30 feet. Less susceptible
wetlands include degraded wetlands dominated by invasive species
such as reed canary grass.
f. In subd. 1.a., d. and 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 s. NR 103.03.
g. For concentrated flow channels with drainage areas greater than 130
acres, 10 feet.
This paragraph applies to post.construction sites located within a protective
area, except those areas exempted pursuant to subd. 4.
The following requirements shall be met:
a. Impervious surfaces shall be kept out of the protective area to the
maximum extent practicable. The storm water management plan shall
contain a written site.specific explanation for any parts of the
protective area that are disturbed during construction.
b. Where land disturbing construction activity occurs within a protective
area, and where no impervious surface is present, adequate sod or
self.sustaining vegetative cover of 70% or greater shall be established
and maintained. The adequate sod or self.sustaining vegetative cover
shall be sufficient to provide for bank stability, maintenance of fish
habitat and filtering of pollutants from upslope overland flow areas
under sheet flow conditions. Non.vegetative materials, such as rock
riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
c. Best management practices such as filter strips, swales, or wet
detention basins, that are designed to control pollutants from non.
point sources may be located in the protective area.
This paragraph does not apply to:
a. Redevelopment post.construction sites.
b. In.fill development areas less than 5 acres.
c. Structures that cross or access surface waters such as boat landings,
bridges and culverts.
d Structures constructed in accordance with s. 59.692(1v), Wis. Stats.
e. 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.
.
(4)
5. 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 Engineering/Building Inspection Director.
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.
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.
.
(c)
.
(d)
(a)
(b)
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-developmenf' conditions (as
defined in 34.04 (31)) for the 24 hour duration storm.
All storm water conveyance systems within the proposed development, shall be
designed to completely contain the peak storm flows as described in 34.07(b)(1., 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 Hvdroloqv 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 Development
Manual.
1. For open channel conveyance systems the peak flow from the 50 year, 24
hour storm shall be completely contained within the channel bottom and
banks.
2. For storm sewer pipes the peak flow from the 25 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. .
Determination of peak flow rates and volume of runoff for purposes of meeting the
requirements of 34.07(3 and 4) shall be computed by procedures based on the
principals and procedures described in Urban Hvdroloqv 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 II
storms as described in Urban Hvdroloqv for Small Watershed. TR-55 (Technical
.
(5)
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).
LOCATION AND REGIONAL TREATMENT OPTION.
The minimum requirements for on-site storm water management practices established in 34.07 (3)
and (4) 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:
(b)
. (c)
(d)
(e)
. (6) FEE IN LIEU OF ON-SITE STORM WATER MANAGEMENT PRACTICES.
(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.
Provisions are made to manage storm water by an off-site facility in the same
watershed. 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.
Innovative storm water management systems that do not meet 34.07(3) or (4) are
reviewed and acted upon by the Engineering/Building Inspection Director and
approved by the Public Works Committee.
Same site Credit. The applicant 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 Engineering/Building Inspection Director 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 of Muskego and may be banked for
allocation to other development within the watershed under subsection (e).
Dispersed Site in Same Watershed Credit. The applicant 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 of Muskego 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.
Where the City of Muskego waives all or part of the minimum on-site storm water management
requirements under 34.07(5)(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 34.07(5)(b), the applicant shall be required to pay a fee in an amount as
determined by the City of Muskego pursuant to s. 66.0821 Wisconsin Stats. and any other
applicable law.
.
(7) GENERAL CONSIDERATIONS FOR ON-SITE STORM WATER MANAGEMENT
MEASURES.
The following considerations shall be observed in managing storm water runoff.
(b)
(c)
.
(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.
Emergency overland flow for all storm water facilities shall be provided to prevent
exceeding the safe capacity of downstream drainage facilities and prevent
endangerment of downstream property or public safety.
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 34.07(3)(a) and The
Wisconsin Stormwater Manual. Part Two: Technical Desion Guidelines for
Stormwater BMP's (Wisconsin Department of Natural Resources, in preparation).
1. On-site infiltration measures for rooftop, sidewalk, parking lot and drivewaý
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.
34.08 PERMITTING REQUIREMENT. PROCEDURES AND FEES
(1) PERMIT REQUIRED.
No responsible party may undertake a land disturbing construction 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 Engineering/Building Inspection Department a permit
application made on aform 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 1.
.
.
.
Table 1
Land Development Permit. Storm Water Maintenance Fee
Activity Management Grading Agreement C
Plan Planb
Agricultural Use -- -- -- -- --
Commercial X X X X X
1 & 2 Family Residential X -- X -- --
Multi Family Residential X X X X X
Subdivision Development X X X X X
1. Combined grading and drainage plan to be reviewed by city staff.
2. Unless previously provided by Certified Survey Map, subdivision design, or
other.
3. If storm water management plan requires maintainable structures.
(b) The storm water management plan shall be prepared to meet the requirements of
34.07 and 34.09 of this ordinance, the maintenance agreement shall be prepared to
meet the requirements of 34.10 of this ordinance, and fees shall be those
established by the City of Muskego.
(c) Fees for the above noted permits shaH 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 Engineering/Building Inspection Department or it's designee shall review any permit
application that is submitted with a storm water management pian, maintenance agreement,
and the required fee, as follows:
(a) Within 60 business days of the receipt of a complete permit application, including all
items as required by sub. (2), the Engineering/Building Inspection Department shall
inform the applicant whether the application, plan and maintenance agreement are
approved or disapproved based on the requirements of this ordinance.
(b) If the storm water permit application, plan and maintenance are approved, or if an
agreed upon payment of fees in lieu of storm water management practices is made,
the City of Muskego Engineering-Building Inspection Department shall issue the
permit.
(c) If the storm water permit application, plan or maintenance agreement is disapproved,
the City of Muskego Engineering/Building Inspection Department shall detail in
writing the reasons for disapproval.
(d) The City of Muskego Engineering/Building Inspection Department may request
additional information from the applicant. if additional information is submitted, the
Engineering/Building Inspection Department shall have 15 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 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 34.13 of this ordinance.
(a) 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.
(d)
(e)
(f)
(g)
(b) The responsible party shall design, install, and maintain all structural or identify non-
structural storm water management measures or both, in accordance with the
approved storm water management plan, storm water management guide,
maintenance agreement, and this permit.
(c) 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 responsible party shall make additional
notifications 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 practice installations shall be certified "as-built" by a licensed
professional engineer or land surveyor. 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 responsible party 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 certificate must be signed by the responsible party, the contractor, the design
engineer, and authorized City representative.
The permit holder shall notify the Engineering/Building Inspection Director of any
significant modification(s) it intends to make to an approved storm water
management plan, grading plan or maintenance agreement. The
Engineering/Building Inspection Director may require that the proposed
modification(s) be submitted for approval prior to incorporation into the storm water
management plan and execution.
The responsible party shall maintain all storm water management practices specified
in the approv,ed 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 responsible party 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 chapter 66.0627 Wis. Stats by the City of
Muskego or to charging such costs against the letter of credit, or cash posted for the
project.
.
(5)
(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 are
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.
ü) 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.
(k) The permit holder is subject to the enforceable actions detailed in 34.12 of the storm
water management ordinance if the permit holder fails to comply with the terms of
the permit.
(I) Permits issued under this subsection may include reasonable and necessary
conditions established by the Engineering/Building Inspection Director in addition to
the requirements needed to meet the performance standards in 34.07.
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.
. 34.09 STORM WATER MANAGEMENT PLANS
(1) PLAN REQUIREMENTS.
The storm water management and grading plan required under 34.08 of this ordinance shall
contain at a minimum the following information:
(a)
(b)
(c)
.
Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of storm water management practices; and
person(s) responsible for maintenance of storm water management practices prior to
the transfer, if any, of maintenance responsibility to another party.
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.
Pre-development site conditions, including:.
1. One or more site maps at a scale of not less than 1 inch equals 100 feet. The
site maps shall show the following: site location and legal property
description; predominant soil types and hydrologic soil groups; existing cover
type and condition; topographic contours of the site at a scale not to exceed 2 .
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 storm water conveyance sections; watershed boundaries
used in hydrology determinations to show compliance with performance
standards; lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site; limits of the regional
.
.
(e)
(f)
. (g)
flood (the 1 % probability storm event) floodplain; location of wells and
wellhead protection areas covering the project area and delineated pursuant
to s. NR 116, Wis. Adm. Code.
2. Hydrology and pollutant loading computations as needed to show compliance
with performance standards. All major assumptions used in developing input
parameters shall be clearly stated. The geographic areas used in making the
calculations shall be clearly cross-referenced to the required map(s).
(d) Post-development site conditions, including:
1. Explanation of the provisions to preserve and use natural topography and
land cover features to minimize changes in peak flow runoff rates and
volumes to surface waters and wetlands.
2. Explanation of any restrictions on storm water management measures in the
dèvelopment area imposed by wellhead protection plans and ordinances.
One or more site maps at a scale of not les:s than 1 inch equals 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 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 storm water conveyance sections; location and type
of all storm water management conveyance and treatment practices,
including the on-site and off-site tributary drainage area; location and type of
conveyance system that will carry runoff from the drainage and treatment
practices to the nearest adequate outlet such as a curbed street, storm drain,
or natural drainage way; watershed boundaries used in hydrology and
pollutant loading calculations and any changes to lakes, streams, wetlands,
channels, ditches, and other watercourses on and immediately adjacent to
the site.
3.
4. Hydrology and pollutant loading computations as needed to show compliance
with performance standards. The computations shall be made for each
discharge point in the development, and the geographic areas used in
making the calculations shall be clearly cross-referenced to the required
map(s).
5. Results of investigations of soils and groundwater required for the placement
and design of storm water management measures. Detailed drawings
including cross-sections and profiles of all permanent storm water
conveyance and treatment practices.
A description and installation schedule for the storm water management practices
needed to meet the performance standards in 34.07.
A maintenance plan developed for the life of each storm water management practice
including the required maintenance activities and maintenance activity schedule.
Cost estimates for the construction, operation, and maintenance of each storm water
management practice.
.
(2)
(h) Other information requested in writing by the Engineering/Building Inspection
Director to determine compliance of the proposed storm water management
measures with the provisions of this ordinance.
(i) All site investigations, plans, designs, computations, and drawings shall be certified
by a licensed professional engineer to be prepared in accordance with accepted
engineering practice and requirements of this ordinance.
ALTERNATE REQUIREMENTS.
The City of Muskego may prescribe alternative submittal requirements for applicants
seeking an exemption to on-site storm water management performance standards under
34.07(5).
34.10 MAINTENANCE AGREEMENT
(1) MAINTENANCE AGREEMENT REQUIRED.
The maintenance agreement required for storm water management practices under
34.08(2) of this ordinance shall be an agreement between the City of Muskego and the
responsible party to provide for maintenance of storm water practices beyond the duration
period of this permit. 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)
(b)
(c)
(d)
(e)
(f)
.
(3)
Identification of the storm water facilities and designation of the drainage area served
by the facilities.
A schedule for regular maintenance of each aspect of the storm water management
system consistent with the storm water management plan required under 34.08(2)
Identification of the responsible party(s) responsible for long-term maintenance of the
storm water management practices identified in the storm water management plan
required under 34.08(2)
Authorization for the City of Muskego, it's designee and the Milwaukee Metropolitan
Sewerage District 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, and shall inform the responsible party(s) 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 give a
reasonable time frame during which the corrective action must be taken.
Authorization for the City of Muskego to perform the corrected actions identified in
the inspection report if the responsible party(s) does not make the required
corrections in the specified time period. The City of Muskego shall specially charge
the responsible party(s) for the cost of such work, which may be collected as special
charges pursuant to chapter 66.0627 Wis. Stats. by the City of Muskego.
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 34.10(1)
shall be the date upon which the legal transfer of maintenance responsibility to the City of
Muskego or agency is made effective.
34.11 FINANCIAL GUARANTEE
(1) ESTABLISHMENT OF THE GUARANTEE.
The City of Muskego may require the submittal of a financial guarantee, the form and type of
which shall be acceptable to the City of Muskego. The financial guarantee shall be in an
amount determined by the Engineering/Building Inspection Director to be the estimated cost
of construction and the estimated cost of maintenance of the storm water management
practices during the period which the designated party in the maintenance agreement has
maintenance responsibility. The financial guarantee shall give the City of Muskego the
authorization to use the funds to complete the storm water management practices if the
responsible party defaults or does not properly implement the approved storm water
management plan, upon written notice to the responsible party by the administering
authority that the requirements of this ordinance have not been met.
(2) CONDITIONS FOR RELEASE.
Conditions for the release of the financial guarantee are as follows:
(a) The City of Muskego shall release the portion of the financial guarantee established
under this section, less any costs incurred by the City of Muskego to complete
installation of practices, upon submission of "as built plans" by a licensed
professional engineer. The City of Muskego may make provisions for a partial pro-
rata release of the financi~1 guarantee based on the completion of various
development stages.
(b) The City of Muskego shall release the portion of the financial guarantee established
under this section to assure maintenance of storm water practices, less any costs
incurred by the City of Muskego, at such time that the responsibility fòr practice
maintenance is passed on to another entity via an approved maintenance
agreement.
(1)
34.12 ENFORCEMENT AND PENALTIES
(2)
(3)
.
Any land disturbing construction activity or post construction run-off 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 the
requirements of this ordinance.
The City of Muskego shall notify the responsible party(s) in writing of any non-complying
land disturbing construction activity or post construction run-off. 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. Any technique that effectively provides
actual and verifiable notice may be used.
Upon receipt of written notification from the City of Muskego, the responsible party(s) 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.
. (5)
(6)
(10)
.
(11)
(4) 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.
(7) 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.
(8) 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 necèssary to prosecute for forfeiture before resorting to
injunctional proceedings.
(9)
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 34.08 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
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 34.11 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.
If the violations are likely to result in damage to properties, public facilities, or waters of the
state, the City of Muskego may enter the land and take corrective actions necessary to
prevent such damage. The costs incurred by the City of Muskego plus interest and legal
costs shall be paid by the responsible party. The responsible party also 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 chapter 66.0627 Wis. Statutes by City of Muskego
or charging costs against the letter of credit, or cash posted for the project.
34.13 APPEALS
(1) BOARD OF APPEALS.
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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/Building Inspection Director 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.
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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.
34.14 INCORPORATION OF WISCONSIN STATUTES AND WISCONSIN ADMINISTRATIVE
CODE
All Wisconsin Statutes and Wisconsin Administrative Codé Sections referred to in this Chapter 34
and said Statutes and Code Sections as may be amended from time to time hereafter are hereby
incorporated by reference and shall be in full force and effect as though set forth in their entirety.
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 ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER ,2003.
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CITY OF MUSKEGO
fØfø~/~ Mark A. Slocomb, Mayor
ATTEST: First Reading: 8/12/03
~) K h1ðA~ ~
C -Treasurer
Cover Ordinance Published on the
18th day of September, 2003
8/2003jmb
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AN ORDINANCE REPEAL AND RECREATE CHAPTER 34
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Storm Water Management)
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The Common Council of the City of Muskego, WaukeshaÆCounty, Wisconsin, do ordain
as follows: t \
SECTION 1: Chapter 34 is hereby repealed andtrea'~.vjnd made a part of the
Municipal Code ofthe City of Muskego as adoptedj1' Ordinance #1147.
SECTION 2: A copy of said Ordinance ha~ be'1/orhfil~\i.~~~he Office of the City Clerk-
Treasurer and open to public inspection for not/ress t~El.ntwo weeks prior to the date of
this Ordinance and said Ordinance is hezeb incorp~\-.:?ted into the Municipal Code of
the City. ' :', ~r'
SECTION 3: The several sections of thi, ordir\~'~' are declared to be severable. If
any section or portion thereof shall be ~eclarE!~,\~ç a decision of a court of competent
jurisdiction to be invalid, unlawful, or Ø'nenfou::\able, such decision shall apply only to
the specific section or portion there<?f direc~'\s'þecified in the decision, and not affect
the validity of all other provisions'i~ectiOf1~iP'lÌIportion thereof of the ordinance which
shall remain in full force and effe~r Any ~~t~~r ordinance whose terms conflict with the
provisions of this ordinance are Þ,~reby repealed as to those terms that conflict.
"
SECTION 4: This ordinance J~ in full force and effect from and after its passage and
publication. l )'
,/:'J i\. ~ .' \t PASSED AND APPRjYËD T:iHI j
l ~' ,I'" ~~ ,/ \
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1147
DAY OF ,2003
CITY OF MUSKEGO
Mark A. Slocomb Mayor
. First Reading: 8/12/03
Published on the
,2003
A TIEST:
Clerk Treasurer
jmb
day of
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1147
AN ORDINANCE TO REPEAL AND RECREÁTE
CHAPTER 34 /'
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Storm Water Managemen,~)! ,
THE COMMON COUNCIL OF THE CITY OF MUSKEGb, WA~KES~A COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS: ./ ~
,/'/ ~i"P
SECTION 1: Chapter 34 of the Municipal Code,i'6t the Cit I ~fMuskego, Wisconsin is
hereby repealed and recreated to read as follótVs: : ,
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CITY OF MUSKEGO
CHAPTER 34 - STORM WATER MANAGEMENT
(Ord.)
34.01 AUTHORITY
(1) This ordinance is adopted by the City of Muskego under the authority granted by s. 62.234 W's.
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 tris
ordinance.
(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of tile
same governing body.
(3) The City of Muskego hereby designates the Engineering/Building Inspection Director to administer
and enforce the provisions of this ordinance.
(4) The requirements of this ordinance do not pre-empt storm water management requirements trat
may be imposed by Wisconsin Pollutant Discharge Elimination System (WPDES) Permits issued
by the Department of Natural Resources under s. 147.021 Wis. Stats.
34.02 FINDINGS OF FACT
(1) The City of Muskego finds that uncontrolled storm water runoff from land development activity h3S
a significant impact upon water resources and the health, safety, and general welfare of tile
community. Specifically, uncontrolled storm water runoff can:
(a) Degrade physical stream habitat by increasing stream bank erosion, increasing stream b'3d
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,
dràinage ways and other minor drainage facilities;
(f) Threaten public health, safety, property, and general welfare by increasing major flood peaks
and volumes;
(g) Undermine floodplain management efforts by increasing the incidence and levels of flooding;
(h) Diminish the public enjoyment of natural resources.
(i) Aggravate excessive infiltration and inflow of water into sanitary sewer connections during
peak storm events causing the conveyance system to surcharge, overflow or back up irto
basements.
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34.03 PURPOSE AND INTENT
(1) PURPOSE.
The purpose of this ordinance is to set forth storm water requirements and criteria which will preveòt
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.
(d) This chapter implements the Milwaukee Metropolitan Sewerage District Chapter 13 rules on
release rates for development creating more than a de minim us amount of new impervious
surface, asar1ïended fròf11 tirn~. tç tirne, to reduce the probability of increased regional floods
as the metropolitan area approaches full build out forecast for 2050.
34.04 DEFINITIONS
(1 ) "Agricultural use" means bee keeping; commercial feed-lots; dairying; egg productioò;
floriculture; fish or fur farming; forest and game management; grazing; livestock raisin.);
orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint, ard
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 tre
conservation reserve program under 16 USC 3831 to 3836; participation in the mile production
termination program under 7 USC 1446 (d); and vegetable raisin.).
(s. 91.01(1) Wisconsin State Statutes).
"Best Management Practice" or BMP means structural or non-structural measures, practices,
techniques or devices employed to:
(2)
(a) Avoid or minimize sediment or pollutants carried in runoff to waters of the state or
(b) Manage the rate or volume of runoff.
(3) "Business day" means a day which offices 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.
(4)
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
"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
surveyor 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 e>n
different schedules.
"Critical Time" means the period starting at the time of peak rainfall intensity with a duratie>n
equal to the time of concentration of the watershed.
"Design Storm" means a hypothetical discrete rainstorm characterized by a specific duratiol,
temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
"Development" means construction of residential, commercial, industrial, or institutional lard
uses and associated roads, including re-development.
"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 tt e
adjacent properties that is present at the time of the storm water permit application. This ter'Tl
applies only for the purpose of properly sizing the storm water conveyance system in
accordance to the requirements of this ordinance in 34.07(4)(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.
"Financial Guarantee" means a performance bond, maintenance bond, surety bond, irrevocab'e
letter of credit, or similar guarantees submitted to the City of Muskego by the responsible par'y
,u1d acceptáble'tòthe'City to assure that the requirements of the ordinance are carried out in
compliance with the storm water management plan.
"Governing body" means the City of Muskego Common Council.
"Impervious Surface" means any pavement or structural element that prevents rain surface
water runoff, or melting snow from infiltrating into the ground below, including, but not limited t<),
roofs, and paved roads, driveways, and parking lots.
"Infiltration" means the process by which rain or surface runoff penetrates into the underlyir g
soil.
"Infiltration System" means a device or practice such as a basin, trench, rain garden or swa'e
designed specifically to encourage infiltration, but does not include natural infiltration in
pervious surfaces such as lawns, redirected rooftop downspouts onto lawns or minimal
infiltration from practices, such as swales or road side channels designed for conveyance ard
pollutant removal only.
"Land development activity" means any activity which changes the volume or peak flo'",
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.
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(19)
. (20)
(21)
(22)
(23)
(24)
(25)
. (26)
(27)
(28)
(29)
(30)
(31)
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"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.
"MEP or Maximum Extent Practical" means a level of implementing best management practices
in order to achieve a performance standard specified in this ordinance which takes into account
the best available technology, cost effectiveness and other competing issues such as human
safety and welfare, endangered and threatened resources, historic properties and geographic
features. MEP allows flexibility in the way to meet performance standards and may vary base.d
on the performance standard and site conditions.
"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 sorre
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 fixe.d
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, 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 perrrit
applicant for the purpose of recouping expenses incurred by the authority in administering t~e
permit.
"Post-development land use condition" means the extent and distribution of land cover type"
anticipated to occur under conditions of full development that will influence precipitation runcff
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,
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(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
respectively (as described in the USDA Soil Survev of Milwaukee and Waukesha Countie3.
Wisconsin, 1971).
"Pre-treatment" is the practice of reducing pollutants in storm water before discharging the storm
water to a wetland or another pollution control structure.
"Public Right of Way" means any road, allay, street, parking lot, sidewalk, plaza, mall, or
pathway owned by or dedicated to the governmental unit.
"Recreational Trail" means a path that is:
(a) Distinctly set apart from a roadway, street, alley
(b) Designated for activities such as jogging, walking, hiking, bicycle riding, or similHr
recreational activities not involving the use of motorized vehicles: and
(c) Not a sidewalk according to sec. 340.01(58), Wisconsin Statutes.
"Regional Flood" means the peak flow and peak elevation of water with a one percent (1 %)
probability of occurring during anyone year, considering rainfall time and intensity patterns,
rainfall duration, area distribution, antecedent moisture, and snow melt.
"Re-Development" means new construction, modification or replacement of an older
development.
Residential land development" means that which is created to house people, including tt e
residential dwellings as well as all affected portions of the development including lawm
driveways, sidewalks, garages, and access streets. This type of development includes sing'e
family, multi-family, apartment, and trailer parks.
"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 storm water
BMP's.
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 runcff
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 quanti'y
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 thLs
flows off the surface of the land and into the natural or artificial conveyance network.
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(43)
. (44)
(45)
(46)
(47)
(48)
(49)
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"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 flo'~1
discharge rates.
"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.
"TR-55" means the United States Department of Agriculture, Natural resources ConservatiC'n
Service, Urban Hydrology for Small Watershed, Second Edition, Technical Release 55, Jure
1986.
"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 to all of Wisconsin and represents the most intense storm
pattern.
Water Quality Management" means the.stormwater standards and duties established under tte
Clean Water Act 33 U.S.C. 1251 et. Seq., parallel state law regulating the discharge of
pollutants, and implementing regulations.
"Water Quantity Management" means storm water duties and practices to abate peak floed
flows during regional storm events pursuant to Chapter 13 of the Milwaukee Metropolite n
Sewerage District rules as implemented and enforced by this municipality.
"Wetland functional value" means the type, quality, and significance of the ecological ard
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.
34.05 APPLICABILITY AND JURISDICTION
(1) APPLICABILITY.
This ordinance applies to land development and redevelopment activities which meet the applicabilify
criteria specified in this section. The water quality management duties apply to property development
disturbing five (5) or more acres outside of the "Urbanized Area" as defined in NR 216 Phase II ruh~,
and to property development disturbing one or more acres after March 10, 2003, and the water quanti'y
management duties apply to development that increases impervious surface by one-half acre or more,
unless the site is exempt under paragraph (2) or (3). 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.
.
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(a) Residential land development;
(b) Commercial land development (includes industrial and business zoned areas);
(c) Land development activity which in the opinion of the Engineering/Building Inspection
Director is likely to result in storm water runoff which causes undue channel erosion,
increases water pollution or which endangers downstream property or public safety.
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(2) A site meeting anyone of the following criteria is exempt from Storm Water quality
requirements.
(a) A redevelopment post construction site with no increase in exposed parking lots or roads.
(b) A post-construction site with less than 10% connected imperviousness based on complete
development of the post-construction site, provided the cumulative area of all parking lots
and roof tops is less than one acre.
(c) Nonpoint discharges from agricultural facilities and practices.
(d) Nonpoint discharges from silviculture activities.
(e) Routine maintenance for project sites under five (5) acres of land disturbance if performed to
maintain the original line and grade, hydraulic capacity or original purpose of the facility.
(f) Underground utility construction such as water, sewer and fiberoptic lines. This exemptiC\n
does not apply to the construction of any above ground structures associated with utility
construction.
(3) Water Quantity Management as defined in Chapter 13 MMSD duties do not apply if:
(a) Residential Infill where the lot is five acres or less, the development is exclusively
residential, the net increase in the area of impervious surface is less than 20 % of the area
of the site; and each boundary of the site is contiguous to: sites that contain earlk~r
development served by sanitary sewers, streets, or public water supply when t~ e
governmental unit receives the plans for the new development or parkland; or other public
land, a utility right of way, or a watercourse; or,
(b) Sites where the area of impervious surface after the development will be 5% or less of t~ e
total area of the site.
(c) Recreational trails if the trail is less than or equal to ten (10) feet in width and has a
continuous pervious buffer at least five (5) feet wide on each side, disregarding interrupticn
by streets, driveways, or other impervious surfaces crossing the trail
(d) Notwithstanding the applicability requirements in paragraph (a), this ordinance applies to
post-construction sites of any size that, in the opinion of the Engineering/Building Inspecticn
Director, is likely to result in the runoff that exceeds the capacity of the existing drainas-e
facilities or the level of flooding protection in a watercourse that causes undue chann'Jl
erosion, that increases water pollution by scouring or transportation of particulate matter or
that endangers property or public safety.
(4) JURISDICTION.
This ordinance applies to land development activities within the boundaries of the City of Muskego.
The provisions of Milwaukee Metropolitan Sewerage District's Chapter 13 shall only apply to the lane's
included in the Ultimate Sanitary Sewer Service Boundary as delineated in Chapter 4, System of Main
and Intercepting Sewers, Extensions, and Sewer Boundaries, Adopted August 18, 1982, Amended
January 6, 1983, Amended July 23, 1983. The provisions of Chapter 13.17 Outfalls and Storm WatE'r
Conveyance Systems shall only apply to lands with watershed discharges tributary to the Root River
Watershed.
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(5) WAIVERS.
Requests to waive the storm water management plans requirements shall be submitted to t~ e
Engineering/Building Inspection Director for approval. Waivers may be granted if it can t e
demonstrated that the proposed development is not likely to impair attainment of the objectives of this
ordinance.
34.06 STORM WATER MANAGEMENT TECHNICAL STANDARDS
The following methods shall be used in designing the water quality, peak flow shaving and infiltraticn
components of storm water practices needed to meet the requirements of this ordinance:
(1) Technical standards identified, developed or disseminated by the Wisconsin Department of
Natural Resources under subchapter V of Chapter NR 151, Wisconsin Administrative 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 Engineering/Building Inspection Director.
(3) The most recent rainfall data available from the South Eastern Regional Planning Commissicn
or more protective data shall be the basis for the analyses required by the ordinance.
34.07 PERFORMANCE STANDARDS
(1) The responsible party shall implement a post-construction storm water management plan that
incorporates the requirements of this section.
(2) PLAN.
A written storm water quality and quantity management plan in accordance with Section 34.09 shall be
developed and implemented for each post-construction site.
(3) REQUIREMENTS.
The water quality plan required under sub. (2) shall include the following:
(a) TOTAL SUSPENDED SOLIDS.
BMPs shall be designed, installed and maintained to control total suspended solids carrier!
in runoff from the post-construction site as follows:
1. For new development, by design, reduce to the maximum extent practicable, the total
suspended solids load by 80%, based on the average annual rainfall, as compared to no
runoff managed controls. No person shall be required to exceed an 80% tot:~1
suspended solids reduction to meet the requirements of the subdivision.
2. For redevelopment, by design, reduce to the maximum extent practicable, the total
suspended solids load by 40%, based on the average annual rainfall, as compared to no
runoff management controls.
3. For in-fill development under five (5) acres that occurs within ten (10) years after the
effective date of this rule, by design reduce to the maximum extent practicable, the total
suspended solids load by 40%, based on an average rainfall, as compared to no runoff
management controls.
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4. For in-fill development that occurs ten (10) or more years after the effective date of this
rule, by design, reduce to the maximum extent practicable, the total suspended solids
load by 80%, based on an average annual rainfall, as compared to no runoff
management controls.
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5. Notwithstanding subds. 1 to 4, if the design cannot achieve the applicable tot11
suspended solids reduction specified, the storm water management plan shall include a
written and site specific explanation why the level of reduction is not attained and tt e
total suspended solids load shall be reduced to the maximum extent practicable.
(b) WATER QUANTITY AND MANAGEMENT OF PEAK RUNOFF
1. BMPs shall manage the volume, timing and peak flow rate of runoff to prevent increasE's
in the regional flood and stream bank erosion rates.
2. These BMPs may be implemented on either a watershed basis or individual site basis.
3. When implemented on a watershed basis, the BMPs implemented at a particular si'e
shall comply with the findings of the relevant local or regional storm water management
plan, rather than subd. 4 or 5.
4. For the 50%/2-year, 24-hour design storm, BMPs shall be designed to either
a. Maintain or reduce the peak runoff discharge rates, to the maximum extent
practicablè, as compared to pre-development conditions, or
.
b. Achieve a maximum runoff release rate of 0.15 cubic feet per second per aco"
whichever is more stringent. .
c. Pre-development conditions shall assume good hydrologic conditions for appropriate
land covers as identified in TR-55 or equivalent methodology. The meaning of
hydrologic soil group and runoff curve numbers are as determined in TR-55.
However, when pre-development land cover is cropland, rather than using TR-E5
values for cropland, the runoff curve numbers in Table 1 shall be used.
Table 1 Maximum Pre-Development Runoff Curve Numbers for
Cropland Areas
Hydroloaic Soil Group A B C D
Runoff Curve Number 56 70 79 83
5. For the 1%/100-year, 24-hour design storm, BMPs shall be designed to achieve a runoff
release rate that is less than or equal to either:
a. 0.5 cubic feet per second (cfs) per acre, or
b. A rate determined for the individual site that distributes runoff over the critical time
sufficient to comply with subd. 1, and meets MMSD Chapter 13.11(3)(b)(2).
6. BMPs shall be designed, installed and maintained to meet the standards of subd. 4
and 5 and/or 34.07 (4) whichever is greater
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(c) INFilTRATION.
BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum exte,t
practicable in accordance with the following, except as provided in subd. 5 through 8.
1. For residential developments one of the following shall be met:
a. Infiltrate sufficient runoff volume so that the post-development infiltration volume
shall be at least of the pre-development infiltration volume, based on an average
annual rainfall. However, when designing appropriate infiltration systems to meet th's
requirement, no more than 1 % of the project site is required as an effective infiltration
area.
b. Infiltrate 25% of the post-development runoff from the 2 year - 24 hour design storm
with a type II distribution. Separate curve numbers for pervious and impervious
surfaces shall be used to calculate runóff volumes and not composite curve numbers
as dèfined in TR-55. However, when designing appropriate infiltration systems to
meet this requirement, no more than 1 % of the project site is required as an effective.
infiltration area.
2. For non-residential development, including commercial, industrial and institutional developmen"
one of the following shall be met:
a. Infiltrate sufficient runoff volume so that the post-development infiltration volume
shall be at least 60% of the pre-development infiltration volume, based on an
average annual rainfall. However, when designing appropriate infiltration systems Ie'
meet this requirement, no more than 2% of the project site is required as an effective
infiltration area.
b. b. Infiltrate 10% of the runoff from the 2 year - 24 hour design storm with a
type distribution. Separate curve numbers for pervious and impervious surfaces
shall be used to calculate runoff volumes, and not composite curve numbers as
defined in TR-55. However, when designing appropriate infiltration systems to meet
this requirement, no more than 2% of the project site is required as an effective
infiltration area.
3. Pre-development condition shall be the same as in par. (b).
4. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for
runoff from new road construction in commercial, industrial and institutional areas that
will enter an infiltration system. The pretreatment shall be designed to protect the
infiltration system from clogging prior to scheduled maintenance and to protect
groundwater quality in accordance with subd. 8. Pretreatment options may include, but
are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or
filter strips.
5. Infiltration Exclusions. The runoff from the following areas are prohibited from meeting
the requirements of this paragraph:
a. Areas associated with tier 1 industrial facilities identified in s. NR 216.21(2)(a), Wis.
Adm. Code, including storage, loading, rooftop and parking.
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b. Storage and loading areas of tier 2 industrial facilities identified in s. NR 216.21(2)(b),
Wis. Adm. Code.
. c. Fueling and vehicle maintenance areas.
d. Areas within 1000 feet upgradient or within 100 feet downgradient of karst features.
e. 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 subd. 5.e. does not prohibit infiltration of roof runoff.
f. Areas with runoff from industrial, commercial and institutional parking lots and roads
and residential arterial roads with less than 5 feet separation distance from the
bottom of the infiltration system to the elevation of seasonal high groundwater or the
top of bedrock.
g. Areas within 400 feet of a community water system well as specified in S. NR
811.16(4), Wis. Adm. Code, or within 100 feet of a private well as specified in s. NR
812.08(4), Wis. Adm. Code, Municipal Code 28.02(2) and 17.9(11) for runoff
infiltrated from commercial, industrial and institutional land uses or regional devices
for residential development.
h. Areas where contaminants of concern, as defined in S. NR 720.03(2), Wis. Adm.
Code are present in the soil through which infiltration will occur.
i. 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 ani
top of bedrock: at least a 3-foot soil layer with 20% fines or greater; or at least a 5-
foot soil layer with 10 percent fines or greater. This does not apply where the soil
medium within the infiltration system provides an equivalent level of protection. This
subd. 5.i. does not prohibit infiltration of roof runoff.
.
6. Infiltration Exemptions. The following are not required to meet the requirements of this
paragraph:
a. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at
the site.
b. Parking areas and access roads less than 5,000 square feet for commercial and
industrial development.
c. Redevelopment post-construction sites.
d. In-fill development areas less than 5 acres.
e. Infiltration areas during periods when the soil on the site is frozen.
f. Roads in commercial, industrial and institutional land uses, and arterial residential
roads.
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7. a. 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 ch. NR 140, Wis. Adm. Code. However,
if site specific information indicates that compliance with a preventive action limit is
not achievable, the infiltration BMP may not be installed or shall be modified to
prevent infiltration to the maximum extent practicable.
b. Notwithstanding par. a., the discharge from BMPs shall remain below the
enforcement standard at the point of standards application.
(d) 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.
a. For outstanding resource waters and exceptional resource waters, and for wetlands
in areas of special natural resource interest as specified in s. NR 103.04, 75 feet.
b. For perennial and intermittent streams identified on a United States geological
survey 7.5-minute series topographic map, or a county soil survey map, whichever is
more current, 50 feet.
.. a. c. For lakes, 50 feet.
d. For highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the
following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub
swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep
marshes and seasonally flooded basins. Wetland boundary delineations shall be
made in accordance with s. 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 wetlànds that have been partially filled ir
accordance with all applicable state and fedèral regulations shall be measured from
the wetland boundary delineation after fill has been placed.
e. For less susceptible wetlands, 10 percent of the average wetland width, but no less
than 10 feet nor more than 30 feet. Less susceptible wetlands include degraded
wetlands dominated by invasive species such as reed canary grass.
f. In subd. 1.a., d. and 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 s. NR 103.03.
g. For concentrated flow channels with drainage areas greater than 130 acres, 10 feet
..
2. This paragraph applies to post-construction sites located within a protective area, excert
those areas exempted pursuant to subd. 4.
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3. The following requirements shall be met:
a. Impervious surfaces shall be kept out of the protective area to the maximum extent
practicable. The storm water management plan shall contain a written site-specific
explanation for any parts of the protective area that are disturbed during
construction.
b. Where land disturbing construction activity occurs within a protective area, and
where no impervious surface is present, adequate sod or self-sustaining vegetative
cover of 70% or greater shall be established and maintained. The adequate sod or
self-sustaining vegetative cover shall be sufficient to provide for bank stability.
maintenance of fish habitat and filtering of pollutants from upslope ovèrland flow
areas under sheet flow conditions. Non-vegetative materials, such as rock riprap,
may be employed on the bank as necessary to prevent erosion, such as on steep
slopes or where high velocity flows occur.
c. Best management practices such as filter strips, swales, or wet detention basins, that
are designed to control pollutants from non-point sources may be located in the
protective area.
4. This paragraph does not apply to:
a. Redevelopment post-construction sites.
b. In-fill development areas less than 5 acres.
c. Structures that cross or access surface waters such as boat landings, bridges and
culverts.
d. Structures constructed in accordance with s. 59.692(1v), Wis. Stats.
e. Post-construction sites from which runoff does not enter the surface water, except to the extent
that vegetative ground cover is necessary to maintain bank stability.
5. 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 acceptab'e
to the City of Muskego Public Works Committee in conjunction with tte
Engineering/Building Inspection Director. In no case shall the impact on function,1
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.
(4) 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, sidewalk:>,
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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.('4
(31)) for the 24 hour duration storm.
(b) All storm water conveyance systems within the proposed development, shall te
designed to completely contain the peak storm flows as described in 34.07(b)(1., 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 area,
Appropriate Curve Numbers are described in Urban HvdroloQV for Small Watersheds, TR-f5
(Technical Release 55) published by the Engineering Division, United States Natur'!l
Resource Conservation Service (formerly known as the Soil Conservation Service) UnitE:rI
States Department of Agriculture, June 1992. An alternative metho.d 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 50 year, 24 hour storm
shall be completely contained within the channel bottom and banks.
2. For storm sewer pipes the peak flow from the 25 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 tte
requirements of 34.07(3 and 4) shall be computed by procedures based on the principa's
and procedures described in Urban HvdroloQV 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 Staks
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 II storms 2S
described in Urban HvdroloQV for Small Watershed, TR-55 (Technical Release 55)
published by the Engineering Division, United States Natural Resource Conservaticn
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
peàk 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 sh211
be avoided (as defined by Wisconsin Administrative Code NR 103).
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(5) LOCATION AND REGIONAL TREATMENT OPTION.
The minimum requirements for oncsite storm water management practices established in 34.07 (3) ard
(4) may be waived in whole or in part by the City of Muskego upon written request of the applicart,
provided that at least one of the following conditions applies:
(a) Alternative minimum requirements for on-site management of storm water discharges hal'e
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 in the same watershe-J.
This requires that the off-site facility is in place, is designed and adequately sized to ire
requirements of this ordinance, and has a legally obligated entity responsible for long-ter'll
operation and maintenance of the storm water practice.
(c) Innovative storm water management systems that do not meet 34.07(3) or (4) are reviewE!d
and acted upon by the Engineering/Building Inspection Director and approved by the Public
Works Committee.
(d) Same site Credit. The applicant 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 Engineering/Building Inspection
Director 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 of Muskego and may be
banked for allocation to other development within the watershed under subsection (e).
(e) Dispersed Site in Same Watershed Credit. The applicant 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 of Muskego 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 MM:: D
for concurrence.
(6) 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 34.07(5)(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 34.07(5)(b), the applicant shall be required to pay a fee in an amount as determined by the City
of Muskego pursuant to s. (36.Q821 Wisconsin Stats. and any other applicable law.
(7) GENERAL CONSIDERATIONS FOR ON-SITE STORM WATER MANAGEMENT MEASUREf.
The following considerations shall be observed in managing storm water runoff.
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(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 exte:1t
possible, (as determined by the Public Works Committee) to meet the requirements of this section.
(b) Emergency overland flow for all storm water facilities shall be provided to prevent exceeding tt e
safe capacity of downstream drainage facilities and prevent endangerment of downstream property or
public safety.
(c) Storm water management measures used in developing the storm water management plên
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 othAr
restrictions specified in 34.07(3)(a) and The Wisconsin Stormwater Manual. Part Two:
Technical Desiqn Guidelines for Stormwater BMP's (Wisconsin Department of Natur'3l
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.
34.08 PERMITTING REQUIREMENT, PROCEDURES AND FEES
(1) PERMIT REQUIRED.
No responsible party may undertake a land disturbing construction 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 shE'll
submit to the City of Muskego Engineering/Building Inspection 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 ty
the following information as set forth in Table 1.
.
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Table 1
Land Development Permit a Storm Water Maintenance Fee
Activity Management Grading Agreement C
Plan Planb
Agricultural Use .. .. .. .. ..
Commercial X X X X X
1 & 2 Family Residential X .. X -- --
Multi Family Residential X X X X X
Subdivision Development X X X X X
1. Combined grading and drainage plan to be reviewed by city staff.
2. Unless previously provided by Certified Survey Map, subdivision design, or other.
3. If storm water management plan requires maintainable structures.
(b) The storm water management plan shall be prepared to meet the requirements of 34.07 and
34.09 of this ordinance, the maintenance agreement shall be prepared to meet the
requirements of 34.10 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 Crty
of Muskego Common Council from time to time by separate resolution.
(3) REVIEW AND APPROVAL OF PERMIT APPLICATION.
The Engineering/Building Inspection Department or it's designee shall review any permit application
that is submitted with a storm water management plan, maintenance agreement, and the required fe.e,
as follows:
(a) Within 60 business days of the receipt of a complete permit application, including all itens
as required by sub. (2), the Engineering/Building Inspection Department shall inform the
applicant whether the application, plan and maintenance agreement are approved or
disapproved based on the requirements of this ordinance.
(b) If the storm water permit application, plan and maintenance are approved, or if an
agreed upon payment of fees in lieu of storm water management practices is made, the C'ty
of Muskego Engineering-Building Inspection Department shall issue the permit.
(c) If the storm water permit application, plan or maintenance agreement is disapproved, the
City of Muskego Engineering/Building Inspection Department shall detail in writing the
reasons for disapproval.
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(d) The City of Muskego Engineering/Building Inspection Department may request additional
information from the applicant. If additional information is submitted, the
Engineering/Building Inspection Department shall have 15 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 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 34.13 of this ordinance.
(a) Compliance with this permit does not relieve the permit holder of the responsibility to com~ly
with other applicable federal, state, and local laws and regulations.
(b) The responsible party shall design, install, and maintain all structural or identify non-
structural storm water management measures or both, in accordance with the approved
storm water management plan, storm water management guide, maintenance agreement,
and this permit.
(c) The permit holder shall notify the City of Muskego at least 3 business days befo-e
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 responsible party shall make additional notifications 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.
. (d) 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 practice installations
shall be certified "as-built" by a licensed professional engineer or land surveyor. The City of
Muskego shall notify the permit holder in writing of any changes required in such practices
to bring them into compliance with thè conditions of the permit. The responsible party is
further required to submit a certificate of completion, stating the completion of the permittl~d
work in accordance with the plans, City of Muskego, state and federal requirements. The
certificate must be signed by the responsible party, the contractor, the design engineer, and
authorized City representative.
(e) The permit holder shall notify the Engineering/Building Inspection Director of any significant
modification(s) it intends to make to an approved storm water management plan, grading
plan or maintenance agreement. The Engineering/Building Inspection Director may require
that the proposed modification( s) be submitted for approval prior to incorporation into the
storm water management plan and execution.
(f) The responsible party 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.
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(g) The responsible party 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
subchapter VII of chapter. 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 are 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.
G) 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.
(k) The permit holder is subject to the enforceable actions detailed in 34.12 of the storm
water management ordinance if the permit holder fails to comply with the terms of the
permit.
(I) Permits issued under this subsection may include reasonable and necessary conditions
established by the Engineering/Building Inspection Director in addition to the requirements
needed to meet the performance standards in 34.07.
(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.
34.09 STORM WATER MANAGEMENT PLANS
(1) PLAN REQUIREMENTS.
The storm water management and grading plan required under 34.08 of this ordinance shall contain at
a minimum the following information:
(a) Name, address, and telephone number for the following or their designees: landowner;
developer; project engineer for practice design and certification; person(s) responsible for
installation of storm water management practices; and person(s) responsible for
maintenance of storm water management practices prior to the transfer, if any, of
maintenance responsibility to another party.
(b) A proper legal description of the property proposed to be developed, referenced to
the U.S. Public Land Survey system or to block and lot numbers within a recorded land
subdivision plat.
(c) Pre-development site conditions, including:
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1. One or more site maps at a scale of not less than 1 inch equals 100 feet. The site maps
shall show the following: site location and legal property description; predominant soil
types and hydrologic soil groups; existing cover type and condition; topographic contours
of the site at a scale not to exceed 2 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 storm water conveyance sections; watershed boundaries used in
hydrology determinations to show compliance with performance standards; lakes,
streams, wetlands, channels, ditches, and other watercourses on and immediately
adjacent to the site; limits of the regional flood (the 1 % probability storm event)
floodplain; location of wells and wellhead protection areas covering the project area and
delineated pursuant to s. NR 116, Wis. Adm. Code.
2. Hydrology and pollutant loading computations as needed to show compliance with
performance standards. All major assumptions used in developing input parameters shall be clearly
stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the
required map(s).
(d) Post-development site conditions, including:
1. Explanation of the provisions to preserve and use natural topography and land cover
features to minimize changes in peak flow runoff rates and volumes to surface water3
and wetlands.
2. Explanation of any restrictions on storm water 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 1 inch equals 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 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 storm water conveyance sections; location ani
type of all storm water management conveyance and treatment practices, including the
on-site and off-site tributary drainage area; location and type of conveyance system tha'
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 calc;ulations shall be clearly
cross-referenced to the required map( s).
5. Results of investigations of soils and groundwater required for the placement and design
of storm water management measures. Detailed drawings including cross-sections and
profiles of all permanent storm water conveyance and treatment practices.
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(e) A description and installation schedule for the storm water management practices needed t,)
meet the performance standards in 34.07.
(f) A maintenance plan developed for the life of each storm water management practice
including the required maintenance activities and maintenance activity schedule.
(g) Cost estimates for the construction, operation, and maintenance of each storm water
management practice.
(h) Other information requested in writing by the Engineering/Building Inspection Director to
determine compliance of the proposed storm water management measures with the
provisions of this ordinance.
(i) All site investigations, plans, designs, computations, and drawings shall be certified by a
licensed professional engineer to be prepared in accordance with accepted engineering
practice and requirements of this ordinance.
(2) ALTERNATE REQUIREMENTS.
The City of Muskego may prescribe alternative submittal requirements for applicants seeking an
exemption to on-site storm water management performance standards under 34.07(5).
34.10 MAINTENANCE AGREEMENT
(1) MAINTENANCE AGREEMENT REQUIRED.
The maintenance agreement required for storm water management practices under 34.08(2) of th's
ordinance shall be an agreement between the City of Muskego and the responsible party to provide for
maintenance .of storm water practices beyond the duration period of this permit. The agreement shall
be recorded as a property deed restriction by the permit applicant with the County Register of Deeds "0
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) Identification of the storm water facilities and designation of the drainage area served by the
facilities.
(b) A schedule for regular maintenance of each aspect of the storm water management systerr
consistent with the storm water management plan required under 34.08(2)
(c) Identification of the responsible party( s) responsible for long term maintenance of the storm
water management practices identified in the storm water management plan require<J
under 34.08(2)
(d) Authorization for the City of Muskego, it's designee and the Milwaukee Metropolitan
Sewerage District 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.
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(e) The City of Muskego shall maintain public records of the results of the site inspections, and
shall inform the responsible party(s) for maintenance of the inspection results, and shall
specifically indicate any corrective actions required to bring the storm water manageme'it
practice into proper working condition and give a reasonable time frame during which the
corrective action must be taken.
(f) Authorization for the City of Muskego to perform the corrected actions identified in the
inspection report if the responsible party( s) does not make the required corrections in the
specified time period. The City of Muskego shall specially charge the responsible party(s)
for the cost of such work which may be collected as special charges pursuant to ~u~Ðh. , 'JJ
Gf-chapter66.0627 Wis. Stats. by the City of Muskego.
(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 maintenanGe
agreement required under 34.10(1) shall be the date upon which the legal transfer of maintenanGe
responsibility to the City of Muskego or agency is made effective.
34.11 34.11 FINANCIAL GAURANTEE
(1) ESTABLISHMENT OF THE GUARANTEE.
The City of Muskego may require the submittal of a financial guarantee, the form and type of
which shall be acceptable to the City of Muskego. The financial guarantee shall be in an amount
determined by the Engineering/Building Inspection Director to be the estimated cost of
construction and the estimated cost of maintenance of the storm water management practices
during the period which the designated party in the maintenance agreement has maintenance
responsibility. The financial guarantee shall give the City of Muskego the authorization to use
the funds to complete the storm water management practices if the responsible party defaults or
does not properly implement the approved storm water management plan, upon written notice
to the responsible party by the administering authority that the requirements of this ordinance
have not been met.
(2) CONDITIONS FOR RELEASE.
Conditions for the release of the financial guarantee are as follows:
(a) The City of Muskego shall release the portion of the financial guarantee established under
this section, less any costs incurred by the City of Muskego to complete installation of
practices, upon submission of "as built plans" by a licensed professional engineer. The City
of Muskego may make provisions for a partial pro-rata release of the financial guarantee
based on the completion of various development stages.
(b) The City of Muskego shall release the portion of the financial guarantee established under
this section to assure maintenance of storm water practices, less any costs incurred by the
City of Muskego, at such time that the responsibility for practice maintenance is passed on
to another entity via an approved maintenance agreement.
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34.12 ENFORCEMENT AND PENALTIES
(1) Any land disturbing construction activity or post construction run-off 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 the requirements of this
ordinance.
(2) The City of Muskego shall notify the responsible party(s) in writing of any non-complying lard
disturbing construction activity or post construction run-off. 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. Any technique that effectively provides actual and verifiable notice may be used
(3) Upon receipt of written notification from the City of Muskego, the responsible party(s) shall
correct work which does not comply with the storm water management plan or other provisions of t~ is
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.
(4) 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.
(5) The City of Muskego may revoke a permit issued under this ordinance for noncompliance with
ordinance provisions.
(6) Any permit revocation, stop work order, or cease and desist order shall remain in effect unle"s
retracted by the City of Muskego or by a court of competent jurisdiction.
(7) 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.
(8) Any person, firm, association, or corporation who does not comply with the provisions of tris
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.
(9) 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.
(10) When the City of Muskego determines that the holder of a permit issued pursuant to !tis
ordinance has failed to follow practices set forth in the storm water management plan submitted and
approved pursuant to 34.08 of this ordinance, or has failed to comply with schedules set forth in sêid
storm water management plan, the City of Muskego or a party designated by the City of Muskego may
enter upon the land and perform the work or other operations necessary to bring the condition of sa id
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 expensl;!s
shall be deducted from any performance or maintenance security posted pursuant to 34.11 of tris
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 agairst
the property and collected with any other taxes levied thereon for the year in which the work is
completed. .
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(11) If the violations are likely to result in damage to properties, public facilities, or
waters of the state, the City of Muskego may enter the land and take corrective actions necessary to
prevent such damage. The costs incurred by the City of Muskego plus interest and legal costs
shall be paid by the responsible party. The responsible party also consents to placing associate>:!
costs upon the tax r~1I asa special lien against the property which may be collected as special chargE's
pursuant to chapter 96,9(>27 Wis. Statutes by City of Muskego or charging costs against the letter of
credit, or cash posted for the project.
34.13 APPEALS
(1) 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 detenmination made by the Engineering/Building
Inspection Director in administering this ordinance. The Board shall also use the rules,
procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upcn
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.
34.14 INCORPORATION OF WISCONSIN STATUTES AND WISCONSIN ADMINISTRATIVE CODE
All Wisconsin Statutes and Wisconsin Administrative Code Sections referred to in this Chapter 34 and
said Statutes and Code Sections as may be amended from time to time hereafter are herety
incorporated by reference and shall be in full force and effect as though set forth in their entirety.
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 te'
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 ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS
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DAY OF ,2003.
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ATTEST:
Clerk-Treasurer
8/2003jmb
CITY OF MUSKEGO
Mark A. Slocomb, Mayor
First Reading: 8/12/03
Cover Ordinance Published on the
-
day of , 2003
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