The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.

Chapter 31 - Construction Site Erosion Control Requirements,
Post-Construction Storm Water Management Requirements,
Illicit Discharge Detection And Elimination Requirements

Section

CONSTRUCTION SITE EROSION REQUIREMENTS

31.01 Authority for Construction Site Erosion Control
31.02 Findings of Fact for Construction Site Erosion Control
31.03 Purpose for Construction Site Erosion Control
31.04 Applicability and Jurisdiction for Construction Site Erosion Control

(1) Applicability for Construction Site Erosion Control
(2) Jurisdiction for Construction Site Erosion Control
(3) Exclusions for Construction Site Erosion Control

31.05 Definitions for Construction Site Erosion Control
31.06 Technical Standards for Construction Site Erosion Control

(1) Design Criteria, Standards and Specifications for Construction Site Erosion Control
(2) Other Standards for Construction Site Erosion Control

31.07 Performance Standards for Construction Site Erosion Control

(1) Responsible Party for Construction Site Erosion Control
(2) Plan for Construction Site Erosion Control
(3) Erosion and Other Pollutant Control Requirements for Construction Site Erosion Control
(4) Location for Construction Site Erosion Control
(5) Alternate Requirements for Construction Site Erosion Control

31.08 Permitting Requirements, Procedures and Fees for Construction Site Erosion Control

(1) Permit Required for Construction Site Erosion Control
(2) Permit Application and Fees for Construction Site Erosion Control
(3) Review and Approval of Permit Application for Construction Site Erosion Control
(4) Surety Bond for Construction Site Erosion Control
(5) Permit Requirements for Construction Site Erosion Control
(6) Permit Conditions for Construction Site Erosion Control
(7) Permit Duration for Construction Site Erosion Control
(8) Maintenance for Construction Site Erosion Control

31.09 Erosion and Sediment Control Plan, Statement and Amendments for Construction Site Erosion Control

(1) Erosion and Sediment Control Plan for Construction Site Erosion Control
(2) Erosion and Sediment Control Plan Statement for Construction Site Erosion Control
(3) Amendments for Construction Site Erosion Control

31.10 Fee Schedule for Construction Site Erosion Control
31.11 Inspection for Construction Site Erosion Control
31.12 Enforcement for Construction Site Erosion Control
31.13 Appeals for Construction Site Erosion Control

(1) Board of Appeals or Adjustment for Construction Site Erosion Control
(2) Who May Appeal for Construction Site Erosion Control

31.14 Severability for Construction Site Erosion Control

POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS

31.15 Authority for Post-Construction Storm Water Management
31.16 Findings of Fact for Post-Construction Storm Water Management
31.17 Purpose and Intent for Post-Construction Storm Water Management

(1) Purpose for Post-Construction Storm Water Management
(2) Intent for Post-Construction Storm Water Management

31.18 Applicability and Jurisdiction for Post-Construction Storm Water Management

(1) Applicability for Post-Construction Storm Water Management
(2) Jurisdiction for Post-Construction Storm Water Management
(3) Exclusions for Post-Construction Storm Water Management

31.19 Definitions for Post-Construction Storm Water Management
31.20 Technical Standards for Post-Construction Storm Water Management
31.21 Performance Standards for Post-Construction Storm Water Management

(1) Responsible Party for Post-Construction Storm Water Management
(2) Plan for Post-Construction Storm Water Management
(3) Requirements for Post-Construction Storm Water Management

(a) Total Suspended Solids for Post-Construction Storm Water Management
(b) Peak Discharge for Post-Construction Storm Water Management
(c) Infiltration for Post-Construction Storm Water Management
(d) Protective Areas for Post-Construction Storm Water Management
(e) Fueling and Maintenance Areas for Post-Construction Storm Water Management
(f) Swale Treatment for Transportation Facilities for Post-Construction Storm Water Management

(4) General Consideration for On-Site and Off-Site Storm Water Management Measures for Post-Construction Storm Water Management
(5) Location and Regional Treatment Option for Post-Construction Storm Water Management
(6) Alternate Requirements for Post-Construction Storm Water Management

31.22 Permitting Requirements, Procedures and Fees for Post-Construction Storm Water Management

(1) Permit Required for Post-Construction Storm Water Management
(2) Permit Application and Fees for Post-Construction Storm Water Management
(3) Review and Approval of Permit Application for Post-Construction Storm Water Management
(4) Permit Requirements for Post-Construction Storm Water Management
(5) Permit Conditions for Post-Construction Storm Water Management
(6) Permit Duration for Post-Construction Storm Water Management

31.23 Storm Water Management Plan for Post-Construction Storm Water Management

(1) Plan Requirements for Post-Construction Storm Water Management
(2) Alternate Requirements for Post-Construction Storm Water Management

31.24 Maintenance Agreement for Post-Construction Storm Water Management

(1) Maintenance Agreement Required for Post-Construction Storm Water Management
(2) Agreement Provisions for Post-Construction Storm Water Management

31.25 Financial Guarantee for Post-Construction Storm Water Management

(1) Establishment of the Guarantee for Post-Construction Storm Water Management
(2) Conditions for Release for Post-Construction Storm Water Management

31.26 Fee Schedule for Post-Construction Storm Water Management
31.27 Enforcement for Post-Construction Storm Water Management
31.28 Appeals for Post-Construction Storm Water Management

(1) Board of Appeals or Adjustment for Post-Construction Storm Water Management
(2) Who May Appeal for Post-Construction Storm Water Management

31.29 Severability for Post-Construction Storm Water Management

ILLICIT DISCHARGE DETECTION AND ELIMINATION REQUIREMENTS

31.30 Purpose/Intent for Illicit Discharge Detection and Elimination
31.31 Definitions for Illicit Discharge Detection and Elimination
31.32 Applicability for Illicit Discharge Detection and Elimination
31.33 Responsibility for Administration for Illicit Discharge Detection and Elimination
31.34 Severability for Illicit Discharge Detection and Elimination
31.35 Ultimate Responsibility for Illicit Discharge Detection and Elimination
31.36 Discharge Prohibitions for Illicit Discharge Detection and Elimination
31.37 Suspension of MS4 Access for Illicit Discharge Detection and Elimination
31.38 Industrial or Construction Activity Discharges for Illicit Discharge Detection and Elimination
31.39 Monitoring of Discharges for Illicit Discharge Detection and Elimination
31.40 Requirements to Prevent, Control, and Reduce Storm Water Pollutions by Use of Best Management Practices for Illicit Discharge Detection and Elimination
31.41 Watercourse Protection for Illicit Discharge Detection and Elimination
31.42 Notification of Spills for Illicit Discharge Detection and Elimination
31.43 Enforcement for Illicit Discharge Detection and Elimination
31.44 Appeal of Notice of Violation for Illicit Discharge Detection and Elimination
31.45 Enforcement Measures After Appeal for Illicit Discharge Detection and Elimination
31.46 Cost of Abatement of the Violation for Illicit Discharge Detection and Elimination
31.47 Injunction Relief for Illicit Discharge Detection and Elimination
31.48 Appeal of Notice of Violation to Illicit Discharge for Illicit Discharge Detection and Elimination
31.49 Violations Deemed A Public Nuisance for Illicit Discharge Detection and Elimination
31.50 Criminal Prosecution for Illicit Discharge Detection and Elimination
31.51 Remedies Not Exclusive for Illicit Discharge Detection and Elimination

CONSTRUCTION SITE EROSION CONTROL

31.01 AUTHORITY FOR CONSTRUCTION SITE EROSION CONTROL

(1) These requirements is adopted under the authority granted by s. 62.234, Wis. Stats. These requirements supersedes all provisions of an ordinance previously enacted under s.62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in s. 62.234 Wis. Stats., s. 62.23, Wis. Stats., applies to these requirements and to any amendments to these requirements.

(2) The provisions of these requirements are deemed not to limit any other lawful regulatory powers of the same governing body.

(3) The Board of Public Works hereby designates the Director of Public Works, or appointed designee, to administer and enforce the provisions of these requirements.

(4) The requirements of these requirements do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:

(a) Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under ss. 281.16 and 283.33, Wis. Stats.
(b) Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under s. NR 151.004, Wis. Adm. Code.

Index for this Chapter

31.02 FINDINGS OF FACT FOR CONSTRUCTION SITE EROSION CONTROL

The Board of Public Works finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in City of Stevens Point.

Index for this Chapter

31.03 PURPOSE FOR CONSTRUCTION SITE EROSION CONTROL

It is the purpose of these requirements to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City of Stevens Point.

Index for this Chapter

31.04 APPLICABILITY AND JURISDICTION FOR CONSTRUCTION SITE EROSION CONTROL

(1) APPLICABILITY FOR CONSTRUCTION SITE EROSION CONTROL

(a) These requirements apply to land disturbing construction activities which have one or more acres of land disturbing construction activity.

(b) These requirements does not apply to the following:

1. Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under s. COMM 21.125 or COMM 50.115, Wis. Adm. Code.
2. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
3. Nonpoint discharges from agricultural facilities and practices.
4. Nonpoint discharges from silviculture activities.
5. Routine maintenance for project sites under 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(c) Notwithstanding the applicability requirements in paragraph (a), these requirements applies to construction sites of any size that, in the opinion of the Director of Public Works, or appointed designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.

(2) JURISDICTION FOR CONSTRUCTION SITE EROSION CONTROL
These requirements applies to land disturbing construction activities on lands within the boundaries and jurisdiction of the City of Stevens Point, as well as all lands located within the extraterritorial plat approval jurisdiction of City of Stevens Point, even if plat approval is not involved.

(3) EXCLUSIONS FOR CONSTRUCTION SITE EROSION CONTROL
These requirements is not applicable to activities conducted by a state agency, as defined under s. 227.01 (1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2), Wis. Stats.

Index for this Chapter

31.05 DEFINITIONS FOR CONSTRUCTION SITE EROSION CONTROL

(1) "Administering authority" means a governmental employee, or a regional planning commission empowered under s. 62.234, Wis. Stats., that is designated by the Board of Public Works to administer these requirements.

(2) "Agricultural facilities and practices" has the meaning in s. 281.16(1), Wis. Stats.

(3) "Average annual rainfall" means a calendar year of precipitation, excluding snow, which is considered typical.

(4) "Best management practice" or "BMP" means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

(5) "Business day" means a day the office of the Director of Public Works, or appointed designee, is routinely and customarily open for business.

(6) "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

(7) "Construction site" means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan.

(8) "Division of land" means the creation from one parcel of two or more parcels regardless of size.

(9) "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(10) "Erosion and sediment control plan" means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

(11) "Extraterritorial" means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.

(12) "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least 70 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.

(13) "Governing body" means town board of supervisors, county board of supervisors, city council, village board of trustees or village council.

(14) "Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(15) "MEP" or "maximum extent practicable" means a level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

(16) "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(17) "Permit" means a written authorization made by the Director of Public Works, or appointed designee, to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(18) "Pollutant" has the meaning given in s. 283.01 (13), Wis. Stats.

(19) "Pollution" has the meaning given in s. 281.01 (10), Wis. Stats.

(20) "Responsible party" means any entity holding fee title to the property or performing services to meet the performance standards of these requirements through a contract or other agreement.

(21) "Runoff" means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(22) "Sediment" means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

(23) "Separate storm sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

(a) Is designed or used for collecting water or conveying runoff.
(b) Is not part of a combined sewer system.
(c) Is not draining to a storm water treatment device or system.
(d) Discharges directly or indirectly to waters of the state.

(24) "Site" means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.

(25) "Stop work order" means an order issued by the Director of Public Works, or appointed designee, which requires that all construction activity on the site be stopped.

(26) "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(27) "Waters of the state" has the meaning given in s. 281.01 (18), Wis. Stats.

Index for this Chapter

31.06 TECHNICAL STANDARDS FOR CONSTRUCTION SITE EROSION CONTROL

(1) DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS FOR CONSTRUCTION SITE EROSION CONTROL. All BMPs required to comply with these requirements shall meet the design criteria, standards and specifications based on any of the following:

(a) Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 1993 Revision.
(b) Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code.
(c) For these requirements, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.

(2) OTHER STANDARDS FOR CONSTRUCTION SITE EROSION CONTROL. Other technical standards not identified or developed in sub. (a), may be used provided that the methods have been approved by the Director of Public Works, or appointed designee.

Index for this Chapter

31.07 PERFORMANCE STANDARDS FOR CONSTRUCTION SITE EROSION CONTROL

(1) RESPONSIBLE PARTY FOR CONSTRUCTION SITE EROSION CONTROL. The responsible party shall implement an erosion and sediment control plan, developed in accordance with 31.09, which incorporates the requirements of this section.

(2) PLAN FOR CONSTRUCTION SITE EROSION CONTROL. A written plan shall be developed in accordance with 31.09 and implemented for each construction site.

(3) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS FOR CONSTRUCTION SITE EROSION CONTROL. The plan required under sub. (2) shall include the following:

(a) BMPs that, by design, achieve to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
(b) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation as to why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
(c) Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:

1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
2. Prevent the discharge of sediment as part of site de-watering.
3. Protect the separate storm drain inlet structure from receiving sediment.

(d) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.

(4) LOCATION FOR CONSTRUCTION SITE EROSION CONTROL. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.

(5) ALTERNATE REQUIREMENTS FOR CONSTRUCTION SITE EROSION CONTROL. The Director of Public Works, or appointed designee, may establish storm
water management requirements more stringent than those set forth in this section if the Director of Public Works, or appointed designee, determines that an added level of protection is needed for sensitive resources.

Index for this Chapter

31.08 PERMITTING REQUIREMENTS, PROCEDURES AND FEES FOR CONSTRUCTION SITE EROSION CONTROL

(1) PERMIT REQUIRED FOR CONSTRUCTION SITE EROSION CONTROL. No responsible party may commence a land disturbing construction activity subject to these requirements without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director of Public Works, or appointed designee.

(2) PERMIT APPLICATION AND FEES FOR CONSTRUCTION SITE EROSION CONTROL. At least one responsible party desiring to undertake a land disturbing construction activity subject to these requirements shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of 31.09 and shall pay an application fee to the Director of Public Works, or appointed designee. By submitting an application, the applicant is authorizing the Director of Public Works, or appointed designee, to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION FOR CONSTRUCTION SITE EROSION CONTROL. The Director of Public Works, or appointed designee, shall review any permit application that is submitted with erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

(a) Within 30 business days of the receipt of a complete permit application, as required by sub. (2), the Director of Public Works, or appointed designee, shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of these requirements.
(b) If the permit application and plan are approved, the Director of Public Works, or appointed designee, shall issue the permit.
(c) If the permit application or plan is disapproved, the Director of Public Works, or appointed designee, shall state in writing the reasons for disapproval.
(d) The Director of Public Works, or appointed designee, may request additional information from the applicant. If additional information is submitted, the Director of Public Works, or appointed designee, shall have 30 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.

(4) SURETY BOND FOR CONSTRUCTION SITE EROSION CONTROL. As a condition of approval and issuance of the permit, the Director of Public Works, or appointed designee, may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.

(5) PERMIT REQUIREMENTS FOR CONSTRUCTION SITE EROSION CONTROL. All permits shall require the responsible party to:

(a) Notify the Director of Public Works, or appointed designee, within 48 hours of commencing any land disturbing construction activity.
(b) Notify the Director of Public Works, or appointed designee, of completion of any BMPs within 14 days after their installation.
(c) Obtain permission in writing from the Director of Public Works, or appointed designee, prior to any modification pursuant to 31.09 (3) of the erosion and sediment control plan.
(d) Install all BMPs as identified in the approved erosion and sediment control plan.
(e) Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(f) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site erosion control log.
(g) Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week, make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
(h) Allow the Director of Public Works, or appointed designee, to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan at the construction site.

(6) PERMIT CONDITIONS FOR CONSTRUCTION SITE EROSION CONTROL. Permits issued under this section may include conditions established by Director of Public Works, or appointed designee, in addition to the requirements set forth in sub. (5), where needed to assure compliance with the performance standards in 31.07.

(7) PERMIT DURATION FOR CONSTRUCTION SITE EROSION CONTROL. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director of Public Works, or appointed designee, may extend the period one or more times for up to an additional 180 days. The Director of Public Works, or appointed designee, may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of these requirements.

(8) MAINTENANCE FOR CONSTRUCTION SITE EROSION CONTROL. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of these requirements until the site has undergone final stabilization.

Index for this Chapter

31.09 EROSION AND SEDIMENT CONTROL PLAN, STATEMENT, AND AMENDMENTS FOR CONSTRUCTION SITE EROSION CONTROL

(1) EROSION AND SEDIMENT CONTROL PLAN FOR CONSTRUCTION SITE EROSION CONTROL.

(a) An erosion and sediment control plan shall be prepared and submitted to the Director of Public Works, or appointed designee.
(b) The erosion and sediment control plan shall be designed to meet the performance standards in 31.07 and other requirements of these requirements.
(c) The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:

1. The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
2. Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map.
3. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
4. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
5. Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
6. Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
7. Existing data describing the surface soil as well as subsoils.
8. Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
9. Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.

(d) The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet.

1. Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year flood plains, flood fringes and floodways shall also be shown.
2. Boundaries of the construction site.
3. Drainage patterns and approximate slopes anticipated after major grading activities.
4. Areas of soil disturbance.
5. Location of major structural and non-structural controls identified in the plan.
6. Location of areas where stabilization practices will be employed.
7. Areas which will be vegetated following construction.
8. Areal extent of wetland acreage on the site and locations where storm water is discharged to a surface water or wetland.
9. Locations of all surface waters and wetlands within one mile of the construction site.
10. An alphanumeric or equivalent grid overlying the entire construction site map.

(e) Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:

1. Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
2. Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Director of Public Works, or appointed designee, structural measures shall be installed on upland soils.
3. Management of overland flow at all sites, unless otherwise controlled by outfall controls.
4. Trapping of sediment in channelized flow.
5. Staging construction to limit bare areas subject to erosion.
6. Protection of downslope drainage inlets where they occur.
7. Minimization of tracking at all sites.
8. Clean up of off-site sediment deposits.
9. Proper disposal of building and waste materials at all sites.
10. Stabilization of drainage ways.
11. Control of soil erosion from dirt stockpiles.
12. Installation of permanent stabilization practices as soon as possible after final grading.
13. Minimization of dust to the maximum extent practicable.

(f) The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.

(2) EROSION AND SEDIMENT CONTROL PLAN STATEMENT FOR CONSTRUCTION SITE EROSION CONTROL. For each construction site identified under 31.04 (1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works, or appointed designee. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the ordinance, including the site development schedule.

(3) AMENDMENTS FOR CONSTRUCTION SITE EROSION CONTROL. The applicant shall amend the plan if any of the following occur:

(a) There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
(b) The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
(c) The Director of Public Works, or appointed designee, notifies the applicant of changes needed in the plan.

Index for this Chapter

31.10 FEE SCHEDULE FOR CONSTRUCTION SITE EROSION CONTROL

The fees referred to in other sections of these requirements shall be established by the Director of Public Works, or appointed designee, and may from time to time be modified by resolution. A schedule of the fees established by the Director of Public Works, or appointed designee, shall be available for review in the City of Stevens Point City Hall.

Index for this Chapter

31.11 INSPECTION FOR CONSTRUCTION SITE EROSION CONTROL

If land disturbing construction activities are being carried out without a permit required by these requirements, the Director of Public Works, or appointed designee, may enter the land pursuant to the provisions of ss. 66.0119(1), (2), and (3), Wis. Stats.

Index for this Chapter

31.12 ENFORCEMENT FOR CONSTRUCTION SITE EROSION CONTROL

(1) The Director of Public Works, or appointed designee, may post a stop work order if any of the following occurs:

(a) Any land disturbing construction activity regulated under these requirements is being undertaken without a permit.
(b) The erosion and sediment control plan is not being implemented in a good faith manner.
(c) The conditions of the permit are not being met.

(2) If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Director of Public Works, or appointed designee, may revoke the permit.

(3) If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public Works, or appointed designee, or if a responsible party violates a stop-work order posted under sub. (1), the Director of Public Works, or appointed designee, may request the city attorney to obtain a cease and desist order in any court of jurisdiction.

(4) The Director of Public Works may retract the stop work order issued under sub. (1) or the permit revocation under sub. (2).

(5) After posting a stop work order under sub. (1), the Director of Public Works, or appointed designee, may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with these requirements. The Director of Public Works, or appointed designee, may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Director of Public Works, or appointed designee, plus interest at the rate authorized by Director of Public Works, or appointed designee, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment or charge against the property pursuant to ch. 66, Wis. Stats.

(6) Any person violating any of the provisions of these requirements shall be subject to a forfeiture of not less than $100 nor more than $5,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(7) Compliance with the provisions of these requirements may also be enforced by injunction
in any court of jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

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31.13 APPEALS FOR CONSTRUCTION SITE EROSION CONTROL

(1) BOARD OF PUBLIC WORKS FOR CONSTRUCTION SITE EROSION CONTROL. The board of Public Works created pursuant to section 62.15 of Wis. Stats. and pursuant to s. 62.23(7)(e), Wis. Stats.:

(a) Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works, or appointed designee, in administering these requirements except for cease and desist orders obtained under 31.12 (3).
(b) Upon appeal, may authorize variances from the provisions of these requirements which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and

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31.14 SEVERABILITY FOR CONSTRUCTION SITE EROSION CONTROL

If a court of competent jurisdiction adjudicates any section, clause, provision or portion of these requirements unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.

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POST-CONSTRUCTION STORM WATER MANAGEMENT

31.15 AUTHORITY FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) These requirements are adopted by the Common Council under the authority granted by s. 62.234, Wis. Stats. These requirements supersede all provisions of an ordinance previously enacted under s. 62.23, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in s. 62.234, Wis. Stats., s. 62.23, Wis. Stats., applies to these requirements and to any amendments to these requirements.

(2) The provisions of these requirements are deemed not to limit any other lawful regulatory powers of the same common council.

(3) The Common Council hereby designates the Director of Public Works, or appointed designee, to administer and enforce the provisions of these requirements.

(4) These requirements do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:

(a) Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under ss. 281.16 and 283.33, Wis. Stats.
(b) Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under s. NR 151.004, Wis. Adm. Code.

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31.16 FINDINGS OF FACT FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

The Common Council finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:

(1) Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

(2) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.

(3) Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

(4) Reduce the quality of groundwater by increasing pollutant loading.

(5) Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.

(6) Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.

(7) Undermine floodplain management efforts by increasing the incidence and levels of flooding.

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31.17 PURPOSE AND INTENT FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) PURPOSE FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The general purpose of these requirements is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:

(a) Further the maintenance of safe and healthful conditions.
(b) Prevent and control the adverse effects of storm water; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
(c) Control exceedence of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.

(2) INTENT FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. It is the intent of the Common Council that these requirements regulate post-construction storm water discharges to waters of the state. These requirements may be applied on a site-by-site basis. The Common Council recognizes, however, that the preferred method of achieving the storm water performance standards set forth in these requirements is through the preparation and implementation of comprehensive, systems-level storm water management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional storm water devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under s. 281.16, Wis. Stats., for regional storm water management measures and have been approved by the Common Council, it is the intent of this ordinance that the approved plan be used to identify post-construction management measures acceptable for the community.

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31.18 APPLICABILITY AND JURISDICTION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) APPLICABILITY FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

(a) Where not otherwise limited by law, this ordinance applies after final stabilization to a post-development construction site that had one or more acres of land disturbing construction activity.
(b) A site that meets any of the criteria in this paragraph is exempt from the requirements of this ordinance.

1. A redevelopment post-construction site with no increase in exposed parking lots or roads.
2. 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 rooftops is less than one acre.
3. Nonpoint discharges from agricultural facilities and practices.
4. Nonpoint discharges from silviculture activities.
5. Routine maintenance for project sites under 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
6. Underground utility construction such as water, sewer and fiber optic lines. This exemption does not apply to the construction of any above ground structures associated with utility construction.

(c) Notwithstanding the applicability requirements in paragraph (a), these requirements apply to post-construction sites of any size that, in the opinion of the Director of Public Works, or appointed designee, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.

(2) JURISDICTION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.
These requirements apply to post construction sites within the boundaries and jurisdiction of the City of Stevens Point, as well as all lands located within the extraterritorial plat approval jurisdiction of the City of Stevens Point, even if plat approval is not involved.

(3) EXCLUSIONS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.
These requirements are not applicable to activities conducted by a state agency, as defined under s. 227.01 (1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2), Wis. Stats.

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31.19 DEFINITIONS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) "Director of Public Works" means a governmental employee, or a regional planning commission empowered under s. 62.234, Wis. Stats., that is designated by the Common Council to administer this ordinance.

(2) "Agricultural facilities and practices" has the meaning given in s. 281.16, Wis. Stats.

(3) "Average annual rainfall" means a calendar year of precipitation, excluding snow, which is considered typical.

(4) "Best management practice" or "BMP" means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

(5) "Business day" means a day the office of the Director of Public Works, or appointed designee, is routinely and customarily open for business.

(6) "Cease and desist order" means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

(7) "Combined sewer system" means a system for conveying both sanitary sewage and storm water runoff.

(8) "Connected imperviousness" means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

(9) "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.

(10) "Development" means residential, commercial, industrial or institutional land uses and associated roads.

(11) "Division of land" means the creation from one parcel of two or more parcels or building sites regardless of size.

(12) "Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

(13) "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(14) "Exceptional resource waters" means waters listed in s. NR 102.11, Wis. Adm. Code.

(15) "Extraterritorial" means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.

(16) "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.

(17) "Financial guarantee" means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Director of Public Works, or appointed designee, by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.

(18) "Common Council" means town board of supervisors, county board of supervisors, city council, village board of trustees or village council.

(19) "Impervious surface" means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious.

(20) "In-fill area" means an undeveloped area of land located within existing development.

(21) "Infiltration" means the entry of precipitation or runoff into or through the soil.

(22) "Infiltration system" means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

(23) "Karst feature" means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

(24) "Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(25) "Maintenance agreement" means a legal document that provides for long-term maintenance of storm water management practices.

(26) "MEP" or "maximum extent practicable" 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 the performance standards and may vary based on the performance standard and site conditions.

(27) "New development" means development resulting from the conversion of previously undeveloped land or agricultural land uses.

(28) "Off-site" means located outside the property boundary described in the permit application.

(29) "On-site" means located within the property boundary described in the permit application.

(30) "Ordinary high-water mark" has the meaning given in s. NR 115.03(6), Wis. Adm. Code.

(31) "Outstanding resource waters" means waters listed in s. NR 102.10, Wis. Adm. Code.

(32) "Percent fines" means the percentage of a given sample of soil, which passes through a # 200 sieve.

(33) "Performance standard" means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(34) "Permit" means a written authorization made by the Director of Public Works, or appointed designee, to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(35) "Permit administration fee" means a sum of money paid to the Director of Public Works, or appointed designee, by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

(36) "Pervious surface" means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

(37) "Pollutant" has the meaning given in s. 283.01(13), Wis. Stats.

(38) "Pollution" has the meaning given in s. 281.01(10), Wis. Stats.

(39) "Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.

(40) "Pre-development condition" means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

(41) "Preventive action limit" has the meaning given in s. NR 140.05(17), Wis. Adm. Code.

(42) "Redevelopment" means areas where development is replacing older development.

(43) "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 BMPs.

(44) "Runoff" means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(45) "Separate storm sewer" means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

(a) Is designed or used for collecting water or conveying runoff.
(b) Is not part of a combined sewer system.
(c) Is not draining to a storm water treatment device or system.
(d) Discharges directly or indirectly to waters of the state.

(46) "Site" means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.

(47) "Stop work order" means an order issued by the Director of Public Works, or appointed designee, which requires that all construction activity on the site be stopped.

(48) "Storm water management plan" means a comprehensive plan designed to reduce the discharge of pollutants from storm water after the site has under gone final stabilization following completion of the construction activity.

(49) "Storm water management system plan" is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

(50) "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(51) "Top of the channel" means an edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.

(52) "TR-55" means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.

(53) "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.

(54) "Waters of the state" has the meaning given in s. 281.01 (18), Wis. Stats.

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31.20 TECHNICAL STANDARDS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

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 water quality standards of this ordinance:

(1) Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code.

(2) Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used provided that the methods have been approved by the Director of Public Works, or appointed designee,.

(3) In these requirements, the following year(s) and location(s) has been selected as average annual rainfall(s): Green Bay, 1969 (Mar. 29-Nov. 25).

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31.21 PERFORMANCE STANDARDS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) RESPONSIBLE PARTY FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The responsible party shall implement a post-construction storm water management plan that incorporates the requirements of this section.

(2) PLAN FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. A written storm water management plan in accordance with 31.23 shall be developed and implemented for each post-construction site.

(3) REQUIREMENTS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The plan required under sub. (2) shall include the following:

(a) TOTAL SUSPENDED SOLIDS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. 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 management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this 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. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subdivision.
3. For in-fill development under 5 acres that occurs within 10 years after the effective date of this rule, August 20, 2007, by design, reduce to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subdivision.
4. For in-fill development that occurs 10 or more years after the effective date of this rule, August 20, 2007, by design, reduce to the maximum extent practicable, the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this subdivision.
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 that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.

(b) PEAK DISCHARGE FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

1. By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the maximum extent practicable, as compared to pre-development conditions for the 2-year, 10 year, and 100 year 24-hour design storms applicable to the post-construction site. Pre-development conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning of "hydrologic soil group" and "runoff curve number" are as determined in TR-55. However, when pre-development land cover is cropland, rather than using TR-55 values for cropland, the runoff curve numbers in Table 1 shall be used. Either SCS Type II Storms or Huff Angel rainfall distributions, as defined by IB 71, shall be used.

2. This subsection of the ordinance does not apply to any of the following:

a. A post-construction site where the change in hydrology due to development does not increase the existing surface water elevation at any point within the downstream receiving water by more than 0.01 of a foot for the 2-year, 24-hour storm event.
b. A redevelopment post-construction site.
c. An in-fill development area less than 5 acres.

(c) INFILTRATION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. BMPs shall be designed, installed, and maintained to infiltrate runoff to the maximum extent practicable in accordance with the following, except as provided in subds. 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 90% of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the 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 II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes, and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.

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. Exclusions. The runoff from the following areas is 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, 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% 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. 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.

7. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this paragraph.

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 subd. par. a., the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

(d) PROTECTIVE AREAS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

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 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.

2. This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant to subd. 4.

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 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, which 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 a site from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.

(e) FUELING AND VEHICLE MAINTENANCE AREAS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.

(f) SWALE TREATMENT FOR TRANSPORTATION FACILITIES FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

1. Applicability. Except as provided in subd. 2., transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:

a. Be vegetated. However, where appropriate, non-vegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
b. Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a 2-year, 24-hour design storm or a 2-year storm with a duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, then the flow velocity shall be reduced to the maximum extent practicable.

2. Exemptions. The Director of Public Works, or appointed designee, may, consistent with water quality standards, require other provisions of this section be met on a transportation facility with an average daily travel of vehicles greater than 2500 and where the initial surface water of the state that the runoff directly enters is any of the following:

a. An outstanding resource water.
b. An exceptional resource water.
c. Waters listed in s. 303(d) of the federal clean water act that are identified as impaired in whole or in part, due to nonpoint source impacts.
d. Waters where targeted performance standards are developed under s. NR 151.004, Wis. Adm. Code, to meet water quality standards.

(4) GENERAL CONSIDERATIONS FOR ON-SITE AND OFF-SITE STORM WATER MANAGEMENT MEASURES FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The following considerations shall be observed in managing runoff:

(a) Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
(b) 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.

(5) LOCATION AND REGIONAL TREATMENT OPTION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT.

(a) The BMPs may be located on-site or off-site as part of a regional storm water device, practice or system.
(b) Post-construction runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this ordinance. Post-construction BMPs may be located in non-navigable surface waters.
(c) Except as allowed under par. (d), post-construction runoff from new development shall meet the post-construction performance standards prior to entering navigable surface water.
(d) Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the performance standards of this ordinance if:

1. The BMP was constructed prior to the effective date of this ordinance and the BMP either received a permit issued under ch. 30, Stats., or the BMP did not require a ch. 30, Wis. Stats., permit; and
2. The BMP is designed to provide runoff treatment from future upland development.

(e) Runoff from existing development, redevelopment and in-fill areas shall meet the post-construction performance standards in accordance with this paragraph.

1. To the maximum extent practicable, BMPs shall be located to treat runoff prior to discharge to navigable surface waters.
2. Post-construction BMPs for such runoff may be located in a navigable surface water if allowable under all other applicable federal, state and local regulations such as ch. NR 103, Wis. Adm. Code and ch. 30, Wis. Stats.

(f) The discharge of runoff from a BMP, such as a wet detention pond, or after a series of such BMPs is subject to this chapter.

(g) The Director of Public Works, or appointed designee, may approve off-site management measures provided that all of the following conditions are met:

1. The Director of Public Works, or appointed designee, determines that the post-construction runoff is covered by a storm water management system plan that is approved by the City of Stevens Point and that contains management requirements consistent with the purpose and intent of this ordinance.
2. The off-site facility meets all of the following conditions:

a. The facility is in place.
b. The facility is designed and adequately sized to provide a level of storm water control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this ordinance.
c. The facility has a legally obligated entity responsible for its long-term operation and maintenance.

(h) Where a regional treatment option exists such that the Director of Public Works, or appointed designee, exempts the applicant from all or part of the minimum on-site storm water management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the Director of Public Works, or appointed designee,. In determining the fee for post-construction runoff, the Director of Public Works, or appointed designee, shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

(6) ALTERNATE REQUIREMENTS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The Director of Public Works, or appointed designee, may establish storm water management requirements more stringent than those set forth in this section if the Director of Public Works, or appointed designee, determines that an added level of protection is needed to protect sensitive resources.

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31.22 PERMITTING REQUIREMENTS, PROCEDURES AND FEES FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) PERMIT REQUIRED FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the Director of Public Works, or appointed designee, prior to commencing the proposed activity.

(2) PERMIT APPLICATION AND FEES FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. Unless specifically excluded by this ordinance, any responsible party desiring a permit shall submit to the Director of Public Works, or appointed designee, a permit application made on a form provided by the Director of Public Works, or appointed designee, for that purpose.

(a) Unless otherwise accepted in these requirements, a permit application must be accompanied by a storm water management plan, a maintenance agreement and a non-refundable permit administration fee.
(b) The storm water management plan shall be prepared to meet the requirements of 31.21 and 31.23, the maintenance agreement shall be prepared to meet the requirements of 31.24, the financial guarantee shall meet the requirements of 31.25, and fees shall be those established by the Common Council as set forth in 31.26.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The Director of Public Works, or appointed designee, shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

(a) Within 30 business days of the receipt of a complete permit application, including all items as required by sub. (2), the Director of Public Works, or appointed designee, 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 agreement are approved, or if an agreed upon payment of fees in lieu of storm water management practices is made, the Director of Public Works, or appointed designee, shall issue the permit.
(c) If the storm water permit application, plan or maintenance agreement is disapproved, the Director of Public Works, or appointed designee, shall detail in writing the reasons for disapproval.
(d) The Director of Public Works, or appointed designee, may request additional information from the applicant. If additional information is submitted, the Director of Public Works, or appointed designee, shall have 30 days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.

(4) PERMIT REQUIREMENTS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. 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 Director of Public Works, or appointed designee, may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Public Works, or appointed designee, to suspend or revoke this permit may be appealed in accordance with 31.28.

(a) Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
(b) The responsible party shall design and install all structural and non-structural storm water management measures in accordance with the approved storm water management plan and this permit.
(c) The responsible party shall notify the Director of Public Works, or appointed designee, at least 10 business days before commencing any work in conjunction with the storm water management plan, and within 10 business days upon completion of the storm water management practices. If required as a special condition under sub. (5), the responsible party shall make additional notification according to a schedule set forth by the Director of Public Works, or appointed designee, so that practice installations can be inspected during construction.
(d) Practice installations required as part of this ordinance shall be certified "as built" by a licensed professional engineer. Completed storm water management practices must pass a final inspection by the Director of Public Works, or appointed designee, or its designee to determine if they are in accordance with the approved storm water management plan and ordinance. The Director of Public Works, or appointed designee, or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
(e) The responsible party shall notify the Director of Public Works, or appointed designee, of any significant modifications it intends to make to an approved storm water management plan. The Director of Public Works, or appointed designee, may require that the proposed modifications be submitted to it for approval prior to incorporation into the storm water management plan and execution by the responsible party.
(f) The responsible party shall maintain all storm water management practices in accordance with the storm water management plan until the practices either become the responsibility of the Common Council, or are transferred to subsequent private owners as specified in the approved maintenance agreement.
(g) The responsible party authorizes the Director of Public Works, or appointed designee, 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 a special assessment or charge against the property as authorized under subch. VII of ch. 66, Wis. Stats., or to charging such costs against the financial guarantee posted under 31.25.
(h) If so directed by the Director of Public Works, or appointed designee, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved storm water management plan.
(i) The responsible party shall permit property access to the Director of Public Works, or appointed designee, or its designee for the purpose of inspecting the property for compliance with the approved storm water management plan and this permit.
(j) Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Director of Public Works, or appointed designee, may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
(k) The responsible party is subject to the enforcement actions and penalties detailed in 31.27, if the responsible party fails to comply with the terms of this permit.

(5) PERMIT CONDITIONS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. Permits issued under this subsection may include conditions established by Director of Public Works, or appointed designee, in addition to the requirements needed to meet the performance standards in 31.21 or a financial guarantee as provided for in 31.25.

(6) PERMIT DURATION FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works, or appointed designee, notifies the responsible party that all storm water management practices have passed the final inspection required under sub. (4)(d).

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31.23 STORM WATER MANAGEMENT PLAN FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) PLAN REQUIREMENTS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The storm water management plan required under 31.22 (2) shall contain at a minimum the following information:

(a) Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of 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:

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 1 foot; 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 100 year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to s. NR 811.16, Wis. Adm. Code.
2. Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

(d) Post-development site conditions, including:

1. Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.
2. Explanation of any restrictions on 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 1 foot; 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.
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.

(e) A description and installation schedule for the storm water management practices needed to meet the performance standards in 31.21.
(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 Director of Public Works, or appointed designee, 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.
(j) An electronic version of record drawings shall be submitted in Portage County Coordinate System in a format specified by the Director of Public Works.

(2) ALTERNATE REQUIREMENTS FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The Director of Public Works, or appointed designee, may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under 31.21 (5).

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31.24 MAINTENANCE AGREEMENT FOR POST-CONSTRUCTION STORM WATER MANAGEMENT

(1) MAINTENANCE AGREEMENT REQUIRED FOR POST-CONSTRUCTION STORM WATER MANAGEMENT. The maintenance agreement required under 31.22 (2) for storm water management practices shall be an agreement bet