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City of
Whitewater
Erosion Control and
Stormwater Management Requirements
REVISED APRIL, 2018
TABLE OF CONTENTS
Page
No.
or
Following
SECTION 1 – TECHNICAL STANDARDS
1.01
Technical Standards and
References
........................................................
1-1
1.02
Precipitation Depth, Distribution and
Average
...........................................
1-1
1.03
Design
Methods
.........................................................................................
1-2
1.04
Design
Criteria
...........................................................................................
1-3
SECTION 2 – PERFORMANCE STANDARDS
2.01
Erosion Control Standards.........................................................................
2-1
2.02
Stormwater Management
Standards
.........................................................
2-1
SECTION 3 – GENERAL CONSIDERATIONS
3.01 Stormwater Management Considerations.................................................. 3-1
SECTION 4 – SUBMITTAL REQUIREMENTS
4.01
Erosion and Sediment Control
Plan
...........................................................
4-1
4.02
Stormwater Plan ........................................................................................
4-4
SECTION 5 – DEFINITIONS
SECTION 6 – FORMS
Stormwater Management Permit Application
Stormwater Management Permit
Construction Site Erosion Control Permit Application
Construction Site Erosion Control Permit
Sample Maintenance Agreement
Sample Financial Guarantee
APPENDICES
APPENDIX A - STORMWATER MANAGEMENT ORDINANCE
APPENDIX B - CONSTRUCTION SITE EROSION CONTROL ORDINANCE
APPENDIX C - WET DETENTION BASIN TECHNICAL STANDARD
SECTION
1
TECHNICAL
STANDARDS
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
1-1
1.01 TECHNICAL STANDARDS AND REFERENCES
A. Erosion Control and Stormwater Management Technical Standards
All drainage facilities and practices required to comply with the Erosion Control and
Stormwater Management Ordinances shall incorporate technical standards and design
methods specified in this document, maintained and periodically updated by the Director of
Public Works. Where not superceded by stricter requirements in this document, the
following standards are also incorporated by reference:
1. Applicable design criteria, standards, and specifications identified in the
Wisconsin Construction Site Best Management Practice Handbook,
Wisconsin Department of Natural Resources (DNR) Pub. WR-222, November
1993 Revision.
2. Other design guidance and technical standards identified or developed by the
DNR under subchapter V of chapter NR 151, Wisconsin. Administrative
Code.
3. DNR is required by recent rule revisions to develop technical standards to
provide guidance for measurement and evaluation of this performance
standard. Measurement and evaluation of this performance standard shall
be based on guidance published by the Department of Natural Resources.
Until such guidance is published, total suspended solids removal shall be
achieved to the maximum extent practical through implementation of
approved BMP’s.
1.02 PRECIPITATION DEPTH, DISTRIBUTION AND AVERAGES
A. Precipitation Depths
The following references may be used as a source for design rainfall depths:
1. Rainfall Frequency Atlas of the United States, US Department of Commerce,
Weather Bureau Technical Paper No. 40, May 1961.
2. Huff, Floyd A., and Angel, James R., Rainfall Frequency Atlas of the Midwest,
Midwestern Climate Center, Bulletin 71, 1992.
3. NOAA Atlas 14, Precipitation-Frequency Atlas of the United States, Volume 8
Version 2.0, U.S. Department of Commerce, National Oceanic and
Atmospheric Administration, National Weather Service, 2013.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
1-2
B. Precipitation Distribution
1. Where Technical Paper No. 40 rainfall depths are used, they shall be used in
conjunction with the SCS Type II rainfall distribution for a 24-hour storm
duration. Technical Paper No. 40 rainfall depths shall not be allowed with
Huff rainfall distributions.
2. Where Bulletin 71 rainfall depths are used, they shall be used in conjunction
with the appropriate quartile Huff rainfall distribution for the storm duration
producing the highest peak discharge.
3. NRCS Wisconsin MSE3 or MSE4 distribution.
C. Average Annual Rainfall
1. For applications requiring use of average annual rainfall, recorded City
of
Madison depths for March 12 through December 2, 1981, shall be
used.
1.03 DESIGN METHODS
A. Stormwater Runoff Calculations
1. For design of volume-dependent practices (detention basins, retention
basins, infiltration systems, etc.), a hydrograph-producing method hydrologic
model shall be developed. The following computer programs shall be
allowed:
a. TR-55
b. TR-20
c. HEC-1
d. HEC-HMS
e. Other computer programs as allowed by the Director of Public Works
2. The Rational Method may be used to calculate peak discharges for tributary
areas less than 20 acres for purposes of conveyance system design.
3. Estimation of Required Storage Volume
a. Final detention basin sizing shall be based on hydrograph routing
through the basin with the proposed outlet structure.
b. The Soil Conservation Service TR-55 Approximate Method may be
utilized to calculate the required storage volume. This may be used
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
1-3
for developments with watershed areas of less than 25 acres which do
not involve significant off-site drainage that must be passed through
the detention basin or routing of stormwater runoff through a series of
detention basins. Soil Conservation Service Type II rainfall shall be
utilized to estimate storage volume and peak inflow requirements.
4. Stormwater Conveyance System Design
a. Storm Sewers shall be designed in accordance with procedures
described in Procedures 13-25-35 through 13-25-45 of the Wisconsin
Department of Transportation (WisDOT) Facilities Design Manual
(FDM).
b. Ditches shall be designed in accordance with procedures described in
Procedures 13-30-5 through 13-30-10 of the WisDOT FDM.
c. Cross Culverts shall be designed in accordance with procedures
described in Procedure 13-15-10 of the WisDOT FDM.
1.04 DESIGN CRITERIA
A. Wet Detention Basins
Design in accordance with the Wet Detention Basin Conservation Practice Standard
(DNR), Section V.A.1, 2, 4-11 (Appendix A).
B. Dry Detention Basins
1. Minimum grades for the bottom of the basin shall be 2 percent unless
underdrain is installed. If underdrains are installed, the minimum grade shall
be 0.5 percent.
2. Basin side slopes shall not be steeper than 4:1 or flatter than 10:1.
3. Dry detention basins shall be designed to drain completely within 24 hours
after the storm event.
4. Forebays shall be used to the maximum extent practical to prevent
concentrated flow from entering the basin and allow sediment to settle prior
to entering the basin.
a. Forebay area should be 10 to 25 percent of the basin’s surface area.
b. Length to width ratio shall be at least 2:1.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
1-4
c. The forebay shall be located opposite of the basin’s outlet to increase
detention time.
5. The basin shall be designed with an emergency spillway designed to convey
the 100-year peak discharge entering the basin.
6. The basin shall have a ponding depth of less than 10 feet, with at least 1 foot
of freeboard above the 100-year flood elevation or emergency spillway
elevation, whichever is higher.
7. The basin shape should be designed with a length to width ratio of 3:1 in
either a long narrow shape or a teardrop shape, to the maximum extent
practical.
8. The basin shall be seeded with vegetation that is tolerant of inundation.
9. The basin outlet structure shall discharge to a stable outlet.
C. Storm Sewers
1. Unless otherwise approved by the Director of Public Works, all storm sewer
in the public right-of-way (R/W) shall be constructed of reinforced concrete
pipe of appropriate class for the expected loading. Storm sewer materials
outside of the R/W shall be subject to approval of the Director of Public
Works.
2. The minimum allowable pipe diameter shall be 12 inches.
3. Sewer grades shall be designed so that, in general, a minimum of 2-foot
cover is maintained over the top of the pipe. Pipe cover less than the
minimum may be used upon site-specific approval by the Director of Public
Works. Uniform slopes shall be maintained between inlets, manholes and
inlet to manhole. Minimum and maximum allowable slopes shall be those
capable of producing velocities between 2 and 12 feet per second,
respectively, when the sewer is flowing full. Velocities lower than the
minimum or higher than the maximum may be used upon site-specific
approval by the Director of Public Works.
4. The maximum distance for overland flow of stormwater runoff to an
underground storm sewer system shall be 600 feet unless a longer distance
is approved by the Director of Public Works.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
1-5
5. All inlets and catch basins shall be constructed with a 12-inch sump.
D. Ditches
1. Ditch side slopes shall be no steeper than 4:1.
2. Underdrains may be required for ditch grades of 0.75 percent or less.
3. Ditches and open channels shall be protected with erosion mat as necessary
to prevent erosion. The erosion mat shall be of an approved type and
application specified in the “Erosion Control Product Acceptability List”, most
current revision, by the Wisconsin Department of Transportation.
E. Culverts
1. Culverts and similar structures shall have a capacity that meets or exceeds
the capacity of the surface drainageway and shall be a minimum of 12 inches
in diameter. The flowline of a culvert shall match the flowline of the surface
drainage way.
2. Culvert pipe materials and cover requirements shall be the same as pipe
materials for storm sewers.
3. Culverts shall not create backwater that adversely impacts upstream
properties. Design of new culverts shall consider impacts of future upstream
development.
4. End sections shall be provided for all culverts. Grates shall be required on
end sections for all culverts greater than 18 inches in diameter.
SECTION
2
PERFORMANCE STANDARDS
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 2 – Performance Standards
2-1
2.01 EROSION AND SEDIMENT CONTROL PERFORMANCE STANDARDS
A. Construction Site Performance Standards for Sites with Less Than 1 Acre of Land
Disturbing Construction Activity
Developments shall comply with the provisions of NR 151.105 Construction site performance
standards for non-permitted sites, as periodically updated.
B. Construction Site Performance Standards for Sites with 1 Acre or Greater of Land
Disturbing Construction Activity
Developments shall comply with the provisions of NR 151.11 Construction site performance
standards for sites of one acre or more, as periodically updated.
2.02 STORMWATER MANAGEMENT PERFORMANCE STANDARDS
A. Total Suspended Solids
1. BMPs shall be designed, installed, and maintained to control total suspended
solids carried in runoff from the postconstruction site as follows:
a. For new and infill development, by design, reduce to the maximum
extent practicable, the total suspended solids load by 80 percent,
based on the average annual rainfall, as compared to no runoff
management controls. An 80 percent total suspended solids reduction
shall meet the requirements of this subdivision.
b. For redevelopment sites one acre or larger, by design, reduce to the
maximum extent practicable, the total suspended solids load by 40
percent, based on the average annual rainfall, as compared to no
runoff management controls. A 40 percent total suspended solids
reduction shall meet the requirements of this subdivision.
c. Notwithstanding items a. and b. if the design cannot achieve the
applicable total suspended solids reduction specified, the stormwater
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.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 2 – Performance Standards
2-2
d. Measurement and evaluation of this standard shall be based on
guidance published by the DNR. In the absence of such guidance,
total suspended solids removal shall be achieved to the maximum extent
practical through implementation of approved BMPs.
B. Peak Discharge
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 1- through 100-year design storm applicable
to the development site.
Hydrologic Soil Group
A
B
C
D
Runoff Curve Number
55
69
78
83
Table 2.02-1 Maximum predevelopment Runoff Curve Numbers for Cropland
Areas
2. Predevelopment 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 predevelopment land cover is
cropland, rather than using TR-55 values for cropland, the runoff curve numbers
in Table 2.02-1 shall be used.
C. Runoff Volume
Developments shall be required to infiltrate stormwater, as applicable, following the
provisions of NR 151.124
D. Oil and Grease
Fueling and vehicle maintenance areas shall have BMPs designed, installed, and
maintained to reduce petroleum within runoff so that the runoff that leaves the site contains
no visible petroleum sheen.
E. Protective Areas
1. A vegetated protective area with the width measured horizontally, specified in
Table 2.02-2, shall be provided from the top of the channel (per definition in
Section 5) of lakes, streams, and rivers or the delineated boundary of
wetlands.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 2 – Performance Standards
2-3
2. Impervious surfaces shall be kept out of the protective area unless
impractical, with consideration of the planned use. The stormwater
management plan shall contain a written site-specific explanation for any
parts of the protective area that are disturbed during construction.
Type of Resource Protective Area
Outstanding and Exceptional Resource Waters 75 feet
Perennial/Intermittent Streams per USGS Map 50 feet
Lakes 50 feet
Wetlands (Not Highly Susceptible or Less Susceptible)
Highly Susceptible Wetlands per NR 151.125 75 feet
Less Susceptible Wetlands per NR 151.125 10 percent of the
average wetland
width, but no
less than 10
feet nor more
than 30 feet
Other Waterways with Drainage Areas > 130 ac 10 feet
Table 2.02-2 Types of Resources and Protective areas
3. 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 percent or greater shall be established and
maintained. The adequate sod or self-sustaining vegetative cover shall be
sufficient to provide for bank stability, maintenance of fish habitat, and
filtering of pollutants from upslope overland flow areas under sheet flow
conditions. Nonvegetative materials, such as rock riprap, may be employed
on the bank as necessary to prevent erosion, such as on steep slopes or
where high velocity flows occur.
In selecting the vegetative cover for the protective area, existing natural
vegetative cover shall be left undisturbed, to the maximum extent practical.
Where existing vegetative cover must be disturbed, consider revegetating the
protective area with native plantings, where feasible.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 2 – Performance Standards
2-4
4. Best management practices such as filter strips, swales, or wet detention
basins that are designed to control pollutants from nonpoint sources may be
located in the protective area.
5. The protective area requirement does not apply to:
a. Redevelopment 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. Postconstruction sites from which runoff does not enter the surface
water, except to the extent that vegetative ground cover is necessary
to maintain bank stability.
6. Wetland boundary delineation shall be made in accordance with NR 103.08 (1m).
This paragraph does not apply to wetlands that have been completely filled in
compliance with all applicable state and federal regulations. The protective area
for wetlands that have been partially filled in compliance with all applicable state
and federal regulations shall be measured from the wetland boundary delineation
after fill has been placed. Where there is a legally authorized wetland fill, the
protective area standard need not be met in that location.
7. Notwithstanding pars. (1) to (6), the greatest protective area width shall apply where
rivers, streams, lakes, and wetlands are contiguous.
F. Stormwater Conveyance Systems
1. Storm Sewers shall be designed to convey the peak discharge for a
10-year frequency storm event.
2. Cross culverts shall be designed to convey the peak discharge for a
25-year frequency storm event.
3. Ditches shall be designed to convey the peak discharge for a 25-year frequency
storm event.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 2 – Performance Standards
2-5
4. All conveyance systems shall be designed to safely pass the 100-year storm
flow without damage to adjacent structures. Unless waived by the City of
Whitewater, all new structures shall be constructed at least 2 feet higher than the
estimated 100-year overflow elevation.
SECTION 3
GENERAL
REQUIREMENTS
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 3 – General Considerations
3.01 GENERAL CONSIDERATIONS
A. All concentrated stormwater discharges leaving a site must be conveyed into an
existing channel, storm sewer, or overland flow path with adequate downstream
stormwater capacity and shall not result in increased flood hazard, erosion, or other
adverse impacts.
B. 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.
C. Emergency overland flow for all stormwater facilities shall be provided to prevent
exceeding the safe capacity of downstream drainage facilities and prevent
endangerment of downstream property or public safety.
3-1
SECTION
4
SUBMITTAL REQUIREMENTS
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-1
4.01 EROSION AND SEDIMENT CONTROL PLAN
Submittal requirements for Erosion and Sediment Control Plans are summarized below.
The Director of Public Works may waive a portion of these submittal requirements where
such information is not necessary to demonstrate compliance with the ordinance.
A. Responsible Party and Legal Description
1. Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility to another
party.
2. A site location map and proper legal description of the property proposed to
be developed, referenced to the US Public Land Survey system or to block
and lot numbers within a recorded land subdivision plat.
B. Predevelopment Site Conditions Mapping
1. A USGS Quadrangle or other appropriate map showing the project location
and nearby regional water resources potentially impacted by the project.
2. A copy of the applicable Soils Survey Map showing predominant soil types
and hydrologic soil groups.
3. Mapping or description of existing cover type and condition.
4. A predeveloped conditions site map including the following information
described below. Mapping shall include enough of the contiguous properties
to show runoff patterns onto, through, and from the site.
a. Existing topographic contours of the site at a contour interval not to
exceed 2 feet.
b. Property lines.
c. Existing flow paths and direction across the site.
d. Outlet locations identifying where stormwater drainage leaves the
property.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-2
e. Drainage basin divides and subdivides to all outlet locations where
stormwater drainage leaves the property.
f. Existing drainage structures on and adjacent to the site.
g. Watercourses that may affect or be affected by runoff from the site.
h. Lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site.
i. Limits of the 100-year
floodplain.
C.
Proposed Site Grading and Erosion Control Plan
A Site Grading and Erosion Control Plan shall be provided that includes the
following items. The plan shall be at an appropriate scale for the size of the
development.
1. Boundaries of the construction site.
2. Drainage patterns and approximate slopes anticipated after major grading
activities.
3. Areas of soil disturbance.
4. Location of major structural and nonstructural controls identified in the plan.
a. Location of areas where stabilization practices will be employed.
b. Areas which will be vegetated following construction.
5. Extent of wetland acreage on the site and locations where stormwater is
discharged to a surface water or wetland.
D. Calculations
Calculations shall be provided including computer modeling input and output files,
as needed, to demonstrate compliance with ordinance performance standards. All
major assumptions used in developing input parameters shall be clearly stated. The
drainage basin areas used in making the calculations shall be clearly cross- referenced
to the required map(s).
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-3
E. Narrative
A narrative description of the proposed Erosion and Sediment Control Plan shall be
provided, including the following:
1. Name of the immediate named receiving water from the United States
Geological Service 7.5 minute series topographic maps, as well as locations
of all surface waters and wetlands within one mile of the construction site.
2. A description of the site and the nature of the construction activity.
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. 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:
a. 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.
b. Description of structural practices to divert flow away from exposed
soils, store flows, or otherwise limit runoff and the discharge of pollutants
from the site. Unless otherwise specifically approved in writing by the
City of Whitewater, structural measures shall be installed on upland
soils.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-4
c. Descriptions of any other practices proposed to meet requirements of
the ordinance and prevent erosion from the site.
4.02 STORMWATER MANAGEMENT PLAN SUBMITTAL REQUIREMENTS
Submittal requirements for Stormwater Management Plans are summarized below. The
Director of Public Works may waive a portion of these submittal requirements where such
information is not necessary to demonstrate compliance with the ordinance.
A. Responsible Party and Legal Description
The stormwater management plan required under S.08 (1) should contain, at a minimum,
the following information:
1. Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification;
person(s) responsible for installation of stormwater management practices;
and person(s) responsible for maintenance of stormwater management
practices prior to the transfer, if any, of maintenance responsibility to another
party.
2. A proper legal description of the property proposed to be developed,
referenced to the U.S. Public Land Survey system or to block and lot
numbers within a recorded land subdivision plat.
B. Predevelopment Site Conditions Mapping
1. A USGS Quadrangle or other appropriate map showing the project location
and nearby regional water resources potentially impacted by the project.
2. A copy of the applicable Soils Survey Map showing predominant soil types
and hydrologic soil groups.
3. Mapping or description of existing cover type and condition.
4. A predeveloped conditions site map including the following information
described below. Mapping shall include enough of the contiguous properties
to show runoff patterns onto, through, and from the site:
a. Existing topographic contours of the site at a contour interval not to
exceed 2 feet.
b. Property
lines.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-5
c. Existing flow paths and direction across the site.
d. Outlet locations identifying where stormwater drainage leaves the
property.
e. Drainage basin divides and subdivides to all outlet locations where
stormwater drainage leaves the property.
f. Existing drainage structures on and adjacent to the site.
g. Watercourses that may affect or be affected by runoff from the site.
h. Lakes, streams, wetlands, channels, ditches, and other watercourses
on and immediately adjacent to the site.
i. Limits of the 100-year floodplain.
j. Location of wells and wellhead protection areas covering the project
area and delineated pursuant to s. NR 811.16, Wis. Adm. Code.
C. Postdevelopment Site Conditions Mapping
1. Proposed pervious areas including vegetative cover type and condition.
2. Proposed impervious surfaces including all buildings, structures, and
pavement.
3. Proposed topographic contours of the site at a scale not to exceed one foot.
4. Proposed drainage network including enough of the contiguous properties to
show runoff patterns onto, through, and from the site; locations and
dimensions of drainage easements.
5. Locations of maintenance easements specified in the maintenance
agreement.
6. Flow path and direction for all stormwater conveyance sections.
7. Location and type of all stormwater management conveyance and treatment
practices, including the on-site and off-site tributary drainage area.
8. Location and type of conveyance system that will carry runoff from the
drainage and treatment practices to the nearest adequate outlet such as a
curbed street, storm drain, or natural drainageway.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-6
9. Proposed drainage divides and subdivides identified to each outlet location
where stormwater will discharge from the proposed development site.
D. Detailed Drawings
Detailed drawings including cross sections and profiles of all permanent stormwater
conveyance and treatment practices.
E. Calculations
Calculations, including computer modeling input and output files, as needed to demonstrate
compliance with ordinance performance standards. All major assumptions used in
developing input parameters shall be clearly stated. The drainage basin areas used in
making the calculations shall be clearly cross-referenced to the required map(s).
F. Narrative
A narrative including, at a minimum, the following:
1. A description of methodologies and major assumptions used in developing
hydrologic and hydraulic analyses.
2. A summary of analysis results and conclusions that shall include the
following:
a. Tables summarizing predeveloped and postdeveloped hydrologic
parameters for each drainage basin. Tables shall include subbasin
areas, runoff curve numbers, impervious areas, and times of
concentration for predeveloped and postdeveloped conditions.
b. Tables summarizing peak discharge rates for the 2-year, 5-year, 10-
year, 25-year, and 100-year storm events for predeveloped, post-
developed without practices, and postdeveloped with practices
conditions.
3. 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.
4. Explanation of any restrictions on stormwater management measures in the
development area imposed by wellhead protection plans and ordinances.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 4 – Submittal Requirements
4-7
5. Results of investigations of soils and groundwater required for the placement
and design of stormwater management measures.
6. A description and installation schedule for the stormwater management
practices needed to meet the performance standards in S.07.
7. A maintenance plan developed for the life of each stormwater management
practice including the required maintenance activities and maintenance
activity schedule.
8. Cost estimates for the construction, operation, and maintenance of each
stormwater management practice.
9. Other information requested in writing by the City of Whitewater to determine
compliance of the proposed stormwater management measures with the
provisions of this ordinance.
G. Certification of Site Investigations, Plans, Designs, Computations, and Drawings
All site investigations, plans, designs, computations, and drawings shall be certified by a
Wisconsin-licensed professional engineer to be prepared in accordance with accepted
engineering practice and requirements of the ordinance.
SECTION
5
DEFINITIONS
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 5 – Definitions
5-1
5.01 DEFINITIONS
1) “Agricultural facilities and practices ” has the meaning given in s. 281.16, Wis.
Stats.
2) “Average annual rainfall” means a calendar year of precipitation, excluding snow,
which is considered typical.
3) “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.
4) “Business day” means a day the office of the Director of Public Works is routinely and
customarily open for business.
5) “Cease and desist order” means a court-issued order to halt land disturbing
construction activity that is being conducted without the required permit.
6) “Combined sewer system” means a system for conveying both sanitary sewage and
stormwater runoff.
7) “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.
8) “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.
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) “Director of Public Works” means the City of Whitewater Director of Public Works or
designee.
12) “Division of land” means either a major subdivision or minor subdivision, as defined
by
Chapter 18, Land Division and Subdivision.
13) “Effective infiltration area” means the area of the infiltration system that is used to
infiltrate runoff and does not include the area used for site access, berms or
pretreatment.
14) “Erosion” means the process by which the land’s surface is worn away by the action of
wind, water, ice or gravity.
15) "Exceptional resource waters" means waters listed in s. NR 102.11, Wis. Adm.
Code.
16) “Extraterritorial Jurisdiction” means Extraterritorial Jurisdiction as defined by
Section
18.04.020 of the City of Whitewater Subdivision Ordinance.
17) "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.
18) “Financial guarantee” means a performance bond, maintenance bond, surety bond,
irrevocable letter of credit, or similar guarantees submitted to the Director of Public
Works by the responsible party to assure that requirements of the ordinance are carried
out in compliance with the stormwater management plan.
19) “Governing body” means town board of supervisors, county board of supervisors, city
council, village board of trustees or village council.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 5 – Definitions
5-2
20) “Impervious surface” means an area that releases as runoff all or a large portion of the
precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking
lots and streets are examples of areas that typically are impervious.
21)
“In-fill area” means an undeveloped area of land located within existing
development.
22)
“Infiltration” means the entry of precipitation or runoff into or through the soil.
23)
“Infiltration system” means a device or practice such as a basin, trench, rain
garden or swale designed specifically to encourage infiltration, but does not include
natural infiltration in pervious surfaces such as lawns, redirecting of rooftop
downspouts onto lawns or minimal infiltration from practices, such as swales or road
side channels designed for conveyance and pollutant removal only.
24)
“Karst feature” means an area or geologic feature subject to bedrock dissolution
so that it is likely to provide a conduit to groundwater, and may include caves,
enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs,
seeps or swallets.
25)
“Land Development Activity” means any construction related activity that results
in the addition or replacement of impervious surfaces such as rooftops, roads,
parking lots, and other structures. Measurement of areas impacted by land
development activity includes 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.
26)
“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.
27) “Maintenance agreement” means a legal document that provides for long-term
maintenance of stormwater management practices.
28) “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.
29) “New development” means development resulting from the conversion of previously
undeveloped land or agricultural land uses.
30) “Off-site” means located outside the property boundary described in the permit
application.
31) “On-site” means located within the property boundary described in the permit
application.
32) "Ordinary high-water mark" has the meaning given in s. NR 115.03(6), Wis. Adm.
Code.
33) “Outstanding resource waters” means waters listed in s. NR 102.10, Wis. Adm. Code.
34) “Percent fines” means the percentage of a given sample of soil, which passes through a
# 200 sieve.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 5 – Definitions
5-3
35) “Performance standard” means a narrative or measurable number specifying the
minimum acceptable outcome for a facility or practice.
36) “Permit” means a written authorization made by the Director of Public Works to the
applicant to conduct land disturbing construction activity or to discharge post- construction
runoff to waters of the state.
37) “Permit administration fee” means a sum of money paid to the [administering
authority] by the permit applicant for the purpose of recouping the expenses incurred by
the authority in administering the permit.
38) “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.
39)
“Pollutant” has the meaning given in s. 283.01(13), Wis. Stats.
40)
“Pollution” has the meaning given in s. 281.01(10), Wis. Stats.
41) “Post-construction site" means a construction site following the completion of land
disturbing construction activity and final site stabilization.
42) “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.
43) “Preventive action limit” has the meaning given in s. NR 140.05(17), Wis. Adm. Code.
44) "Redevelopment ” means areas where development is replacing older development.
45) “Responsible party” means any entity holding fee title to the property.
46) “Runoff” means stormwater or precipitation including rain, snow or ice melt or similar
water that moves on the land surface via sheet or channelized flow.
47) “Sediment” means settleable solid material that is transported by runoff, suspended
within runoff or deposited by runoff away from its original location.
48)
“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 stormwater treatment device or system.
d.
Discharges directly or indirectly to waters of the state.
49) “Site” means the entire area included in the legal description of the land on which the
land disturbing construction activity occurred.
50) “Stop work order” means an order issued by the Director of Public Works which
requires that all construction activity on the site be stopped.
51) “Stormwater management plan” means a comprehensive plan designed to reduce the
discharge of pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
52) “Stormwater management system plan” is a comprehensive plan designed to reduce
the discharge of runoff and pollutants from hydrologic units on a regional or municipal
scale.
53) "Technical standard" means a document that specifies design, predicted performance
and operation and maintenance specifications for a material, device or method.
54) “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.
City of Whitewater – Erosion Control and
Stormwater Management Requirements – Updated April, 2018
Section 5 – Definitions
5-4
55) “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.
56) “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.
57) “Waters of the state” has the meaning given in s. 281.01 (18), Wis. Stats.
SECTION
6
FORMS
SECTION
6
FORMS
GENERAL INFORMATION
STORMWATER MANAGEMENT PERMIT APPLICATION
Send Application to:
City of Whitewater
312 West Whitewater Street
P.O. Box 178
Whitewater, Wisconsin 53190
Official Use Only
Date Received
Number
Fee Received
Reviewer
Instructions: Please type or print. Read all instructions before completing application.
Name of Project:
Applicant/Entity Receiving Permit
NameofApplicant:
First Name of Contact: LastName:_
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber: ( )
Fax Number: ( _)
Property Owner
First Name: Last Name:
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber: ( )
Parcel Identification Number(s):
Engineer
NameofFirm:
First Name of Contact: LastName:_
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber: ( )
Fax Number: ( )
City of Whitewater
Stormwater Management Plan
Application Checklist
Permit
#:
Project
Name:
Date:
Please check the appropriate box: I = Included; NA = Non-Applicable
(If “NA” is checked, an explanation must be entered.)
Plan
Requirement
I
NA
Explanation/Location in Plan
A. Submittal Requirements
1. Permit Application Form
2. Maintenance Agreement
3. Financial Guarantee
4. Certification/Stamp by Wisconsin Prof. Engineer
B. Predevelopment Site Conditions Mapping
1. Location Map
2. Soils Survey Map
3. Existing Land Use Mapping
4. Predeveloped Site Conditions
a. Existing Contours
b. Property lines
c. Existing flow paths and direction
d. Outlet locations
e. Drainage basin divides and subdivides
f. Existing drainage structures on and adjacent to the site.
g. Nearby Watercourses
h. Lakes, streams, wetlands, channels, ditches, etc.
i. Limits of the 100-year floodplain;
j. Wells/Wellhead Protection Areas
C. Post-Development Site Conditions Mapping
1. Pervious Surfaces
2. Impervious Surfaces
3. One Foot Topographic Contours
4. Proposed Drainage System (including applicable off-site)
5. Proposed Easement Locations
6. Proposed Flow Paths, Overland Flow Routes
7. Proposed Outlets/Drainage Divides
D. Drawings/Details
1. Practice Location/Layout/Cross Sections
2. Outlet Structure Details
3. Ditch/Storm Sewer Plan/Profile
4. Other
E. Calculations, including computer modeling input and output files.
1. Hydrograph Parameter Calculations
2. Computer Modeling Input/Output (Pre- and Postdeveloped)
3. Detention Pond Routing
4. Conveyance System Design
5. Other
City of Whitewater
Stormwater Management Plan
Application Checklist
Permit
#:
Project
Name:
Date:
Please check the appropriate box: I = Included; NA = Non-Applicable
(If “NA” is checked, an explanation must be entered.)
Plan
Requirement
I
NA
Explanation/Location in Plan
F. Narrative
1. Methodologies and Assumptions
2. Results/Conclusions
a. Pre-, and Post-developed parameter summary
b. Pre-, and Post-developed peak discharge Summary
3. Provisions to preserve natural topography/cover features
4. Limitations from wellhead protection plans and ordinances.
5. Results of investigations of soils and groundwater
6. Practice Installation Schedule
7. Maintenance Plan
8. Cost Estimates
9. Other Information
City of
Whitewater
Application
Checklist
Summary
Tables
Hydrologic Parameters
Basin Name
Drainage Area (Ac)
Runoff Curve Number
Time of Concentration
(min.)
Existing
Proposed
Existing
Future
Existing
Future
City of
Whitewater
Application
Checklist
Summary
Tables
Peak Discharge Summary
Outfall
No.
Storm
Frequency
Peak Discharge (cfs)
Predev.
Postdev.
Postdev.
w/Detention
2-Year
5-Year
10-Year
25-Year
50-Year
100-Year
Note: Provide 1 table for each oufall location.
Detention Basin Summary
Detention
Basin
Storm
Frequency
Storage
Volume
(ac-ft)
Peak Discharge (cfs)
Inflow
Discharge
Pond
Elevation
2-Year
5-Year
10-Year
25-Year
50-Year
100-Year
Note: Provide 1 table for each detention basin.
CITY OF WHITEWATER
STORMWATER MANAGEMENT PERMIT NO.
Date of
Application
Site
Address
Plat
Name_
Certified
Survey Map
Lots
No.
(s)
General Conditions:
(a) All storm water management measures shall be installed in accordance with the approved storm water
management plan and this permit.
(b) The Director of Public Works shall be notified at least 3 business days before commencing any work in
conjunction with the storm water management plan, and within 3 business days upon completion of the storm
water management practices.
(c) Practice installations 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 its designee to
determine if
they are in accordance with the approved storm water management plan and ordinance.
(d) The Director of Public Works shall be notified of any significant proposed modifications to an approved storm
water management plan.
(e) All storm water management practices shall be maintained in accordance with the storm water management
plan until the practices either become the responsibility of the City of Whitewater, or are transferred to subsequent
private owners as specified in the approved maintenance agreement.
(f) The City of Whitewater is authorized to perform any work or operations necessary to bring storm water
management measures into conformance with the approved storm water management plan, and consent 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 S.10.
(g) If so directed by the Director of Public Works, all damage to adjoining 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 shall be repaired at the permitee’s expense.
(h) Access is permitted to the Director of Public Works or its designee for the purpose of inspecting the property for
compliance with the approved storm water management plan and this permit.
APPLICANT
Owner
MUST FILL (please print or type full name)
IN
BOXED
Address
AREA
Signature or Owner or Authorized Representative
Gross
Aggregate
Area
(Square
Feet)
SPECIAL
CONDITIONS:
CONDITIONAL
APPROVAL:
Administrative
Authority Title Date
Permit VALID for a period of twelve (12) months from date of issuance by Director of Public
Works and all work must be completed prior to the expiration unless authorized in writing from
the Director of Public Works.
GENERAL
INFORMATION
CONSTRUCTION SITE EROSION CONTROL PERMIT
APPLICATION
Send Application to:
City of Whitewater
312 West Whitewater Street
P.O. Box 178
Whitewater, Wisconsin 53190
Official Use Only
Date Received
Number
Fee Received
Reviewer
Instructions: Please type or print. Read all instructions before completing application.
Name of Project:
Applicant/Entity Receiving Permit
NameofApplicant:
First Name of Contact: LastName:_
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber:( )
Fax Number: ( )
Property Owner
First Name: Last Name:
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber: ( )
Parcel Identification Number(s):
Engineer (Where Applicable)
NameofFirm:
First Name of Contact: LastName:_
Street(1):
Street(2):
City: State: Zip Code:
TelephoneNumber: ( )
Fax Number: ( )
CONDITIONAL
APPROVAL:
Administrative Authority
Title
Date
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 may extend
the period one or more times for up to an additional 180 days. The Director of Public Works may require additional
BMPs as a condition of the extension if they are necessary to meet the requirements of this ordinance.
CITY OF
WHITEWATER
CONSTRUCTION SITE EROSION CONTROL PERMIT NO.
Date of
Application
Site
Address
Plat
Name_
Certified
Survey Map
Lots
No.
(s)
Permit Conditions:
(a) Permittee shall notify the Director of Public Works 48 hours prior to commencing any land disturbing
construction activity.
(b) Permittee shall notify the Director of Public Works of practice installation within 5 days of installation.
(c) Permittee shall obtain permission in writing from the Director of Public Works prior to any modification pursuant
to S.08(2) of the erosion and sediment control ordinance.
(d) Permittee shall install all practices as identified in the approved erosion and sediment control plan.
(e) Permittee shall maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities
identified in the erosion and sediment control plan.
(f) Permittee shall 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. Remove accumulated
sediment from downstream culverts, storm sewers, and other drainage facilities.
(g) Permittee shall inspect the practices 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) Permittee shall allow the Director of Public Works 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. Permittee shall keep a copy of the erosion and sediment control plan at the construction
site.
APPLICANT
Owner
MUST FILL (please print or type full name)
IN
BOXED
Address
AREA
Signature or Owner or Authorized Representative
Area
of
Land
Disturbance
(Square
Feet)
SPECIAL
CONDITIONS:
CITY OF WHITEWATER
Construction Site Erosion Control Plan
Application Checklist
(Sites < 1 Acre)
Erosion Control Permit #:
Building Permit #: __________________________
Project Name: _________________________________ Date:_____________________________
Please check the appropriate box: I = Included; NA = Non-Applicable (If “NA” is checked, an explanation must be entered.)
Plan Requirement I NA Explanation/Location in Plan
A. Submittal Requirements
1. Permit Application Form
2. Application Fee
B. Predevelopment Site Conditions Mapping
1. North Arrow
2. Delineation of Proposed Land Disturbance Area
3. Existing/Proposed Site Information
a. Buildings, roads, access drives
b. Property lines
c. Drainage ways
d. Water bodies
e. Trees
f. Culverts
g. Other Structures within 50 feet of proposed disturbance
h. Direction/grade of slopes before/after disturbance
C. Narrative
1. Description of site and nature of construction activity
2. Construction start and end dates
3. Description and location of all temporary control practices
Applicant Name Phone
Applicant Signature Email
City of Whitewater April, 2018
NOTE: This checklist must be filled out as part of the
building permit application and will be enforced as such.
City of Whitewater Construction Site
Erosion Control Plan Application
Checklist
(Sites > One
Acre)
Project
Name:
Permit #:
Date:
Please check the appropriate box: I = Included; NA = Non-Applicable (If “NA” is checked, an explanation must be entered.)
Plan
Requirement
I
NA
Explanation/Location in Plan
A. Submittal Requirements
1. Permit Application Form
B. Predevelopment Site Conditions Mapping
1. Location Map
2. Soils Survey Map
3. Existing Land Use Mapping
4. Predeveloped Site Conditions
a. Existing Contours
b. Property lines
c. Existing flow paths and direction
d. Outlet locations
e. Drainage basin divides and subdivides
f. Existing drainage structures on and adjacent to the site.
g. Nearby Watercourses
h. Lakes, streams, wetlands, channels, ditches, etc.
i. Limits of the 100-year floodplain;
C. Proposed Site Grading and Erosion Control Plan
1. Boundaries of the construction site.
2. Drainage Patterns/slopes after grading activities
3. Areas of land disturbance
4. Locations of structural and nonstructural controls
5. Drainage basin delineations and outfall locations
D. Drawings/Details
1. Practice Location/Layout/Cross Sections
2. Construction Details
E. Calculations, as required to demonstrate ordinance compliance
F. Narrative
1. Name of receiving waters
2. Site Description/Nature of construction activity
3. Sequence of Construction
4. Estimate of site area and disturbance area
5. Pre- and postdeveloped runoff coefficients
6. Description of proposed controls, including
a. Interim and permanent stabilization practices
b. Practices to divert flow from exposed soils
c. Practices to store flows or trap sediment
d. Any other practices proposed to meet ordinance
CONDITIONAL
APPROVAL:
Administrative Authority
Title
Date
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 may extend
the period one or more times for up to an additional 180 days. The Director of Public Works may require additional
BMPs as a condition of the extension if they are necessary to meet the requirements of this ordinance.
CITY OF
WHITEWATER
CONSTRUCTION SITE EROSION CONTROL PERMIT NO.
Date of
Application
Site
Address
Plat
Name_
Certified
Survey Map
Lots
No.
(s)
Permit Conditions:
(a) Permittee shall notify the Director of Public Works 48 hours prior to commencing any land disturbing
construction activity.
(b) Permittee shall notify the Director of Public Works of practice installation within 5 days of installation.
(c) Permittee shall obtain permission in writing from the Director of Public Works prior to any modification pursuant
to S.08(2) of the erosion and sediment control ordinance.
(d) Permittee shall install all practices as identified in the approved erosion and sediment control plan.
(e) Permittee shall maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities
identified in the erosion and sediment control plan.
(f) Permittee shall 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. Remove accumulated
sediment from downstream culverts, storm sewers, and other drainage facilities.
(g) Permittee shall inspect the practices 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) Permittee shall allow the Director of Public Works 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. Permittee shall keep a copy of the erosion and sediment control plan at the construction
site.
APPLICANT
Owner
MUST FILL (please print or type full name)
IN
BOXED
Address
AREA
Signature or Owner or Authorized Representative
Area
of
Land
Disturbance
(Square
Feet)
SPECIAL
CONDITIONS:
AGREEMENT TO MAINTAIN
STORMWATER FACILITIES
BY AND BETWEEN
THE CITY OF WHITEWATER AND
, AND
ITS HEIRS, SUCCESSORS, OR ASSIGNS
The upkeep and maintenance of stormwater facilities and the implementation of pollution
source control best management practices (BMPs) is essential to the protection of water resources
in the City of Whitewater. All property owners are expected to conduct business in a manner that
minimizes impacts of stormwater runoff. This Agreement contains specific provisions with respect
to maintenance of stormwater facilities. The authority to require maintenance and pollution source
control is provided in the City of Whitewater Stormwater Management Zoning Ordinance.
FACILITY LOCATION AND AREA SERVED (Attach Map if Necessary):
Whereas, Owner has constructed improvements, including but not limited to, buildings,
pavement, and stormwater facilities on the property described above. In order to further the goals
of the stormwater management goals of the City of Whitewater, the City and Owner hereby enter
into this Agreement. The responsibilities of each party to this Agreement are identified below.
OWNER SHALL:
(1) Implement the stormwater facility maintenance plan included herein as Attachment A.
(2) Implement the stormwater management plan included herein as Attachment B.
(3) Allow the Director of Public Works or designee to access the property to conduct inspections
of storm water management practices as necessary to ascertain that the practices are being
maintained and operated in accordance with the agreement.
(4) Undertake corrective actions required by City within a reasonable time frame as set by the
Director of Public Works.
(5) Maintain a record of steps taken to implement the programs referenced in (1) and (2) above.
Record shall be available for inspection by City staff at Owners business during normal
business hours. The record shall catalog the action taken, who took it, when it was done, how
it was done, and any problems encountered or follow-on actions recommended.
THE CITY OF WHITEWATER SHALL:
(1) Provide technical assistance to Owner in support of its operation and maintenance activities
conducted pursuant to its maintenance and source control programs. Said assistance shall be
provided upon request, and as City time and resources permit.
(2) Maintain public records of the results of the site inspections, inform the party responsible for
maintenance of the inspection results, and specifically indicate any corrective actions required
to bring the storm water management practice into proper working condition.
(3) Notify the Owner of maintenance problems that require correction.
REMEDIES:
(1) If corrective actions required by the City are not completed within the time set by the Director
of Public Works, written notice will be sent to the persons who were given notice stating the
City intention to perform such maintenance and bill the owner for all incurred expenses.
(2) If at any time the City determines that the existing system creates any imminent threat to public
health or welfare, the Director of Public Works may take immediate measures to remedy said
threat. No notice to the persons listed in (1), above, shall be required under such
circumstances.
(3) The owner grants unrestricted authority to the City for access to any and all stormwater system
features for the purpose of performing maintenance or repair as may become necessary under
Remedies (1) and/or (2).
(4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance
and for repairs to the stormwater facility. Such responsibility shall include reimbursement to
the City within 30 days of the receipt of the invoice for any such work performed. Overdue
payments will require payment of interest at the current legal rate for liquidated judgments. If
legal action ensues, any costs or fees incurred by the City will be borne by the parties
responsible for said reimbursements.
(5) The owner hereby grants to the City a lien against the above-described property in an amount
equal to the cost incurred by the City to perform the maintenance or repair work described
herein.
This Agreement is intended to protect the value and desirability of the real property described
above and to benefit all the citizens of the City. It shall run with the land and be binding on all
parties having or acquiring from Owner or their successors any right, title, or interest in the
property or any part thereof, as well as their title, or interest in the property or any part thereof, as
well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future
successor in interest of said property or any part thereof, or interest therein, and to the benefit of all
citizens of the City.
STATE OF WISCONSIN )
COUNTY OF
) ss
)
On this day and year above personally appeared before me, a Notary Public in and for the State
of Wisconsin duly commissioned and sworn, personally appeared , to me
known to be the of and acknowledge the
said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that is authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of
Wisconsin, residing in
My Commission Expires:
Dated at Whitewater, Wisconsin, this day of , .
CITY OF WHITEWATER
By:
Authorized Agent for the City of Whitewater
City of
Whitewater
Stormwater Management
Plan
Financial
Guarantee
To: [permit holders name]
Date:
Subject:
Financial
Guarantee
in
the
Amount
of
$
Check
#
Received
by
(staff
initials):
Project
Name:
Location: Section [no.], Town of [public land survey township name]
This memo shall serve as a receipt for the above noted Financial Guarantee and as an agreement
of the purpose and conditions for release by the City of Whitewater (herein referred to as the
“City”).
Authority.
The authority of the City to collect and hold this Financial Guarantee is stated in Chapter ,
Section of the City of Whitewater Code of Ordinances – Stormwater Management Zoning
Ordinance (herein referred to as the “Ordinance”).
Purpose.
The purpose of this Financial Guarantee is to ensure compliance with the Ordinance and the
terms and conditions of a Stormwater Management Permit issued for the above noted project
and location.
Conditions For Release.
Terms for release of the Financial Guarantee shall include all of the following:
1. Construction Certification. A professional engineer licensed in Wisconsin shall certify
that construction of all stormwater management practices comply with the approved
plans and the technical standards of the City. “As-built” plans shall be submitted for
stormwater management practices showing actual location, elevations, materials,
construction methods and other items as deemed necessary by the City to determine
compliance.
2. Maintenance Agreement. A copy of an approved maintenance agreement for all
stormwater management practices associated with this project must be provided to the
City. The agreement shall be stamped by the Register of Deeds, showing that it has
been recorded for all applicable properties.
3. Final Inspection. The City shall complete a final inspection of the property and certify
compliance with the permit and the Ordinance.
If the City should use any portion of the Financial Guarantee to complete permit activities, due
to default or improper action by the permit holder, the City shall withhold any amounts owed for
this work, in accordance with the Ordinance.
APPENDIX
A
STORMWATER MANAGEMENT
ORDINANCE
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CITY OF WHITEWATER STORMWATER
MANAGEMENT ORDINANCE
TABLE OF CONTENTS
S.01 Authority
S.02 Findings of Fact
S.03 Purpose and Intent
(1) Purpose
(2) Intent
S.04 Applicability and Jurisdiction
(1) Applicability
(2) Jurisdiction
(3) Exclusions
S.05 Technical Standards and Design Methods
S.06 Performance Standards
(1) Responsible Party
(2) Plan
(3) Stormwater Management Performance Standards
(4) Location and Regional Treatment Option
(5) Alternate Requirements
S.07 Permitting Requirements, Procedures and Fees
(1) Permit Required
(2) Permit Application and Fees
(3) Review and Approval of Permit Application
(4) Permit Requirements
(5) Permit Conditions
(6) Permit Duration
S.08 Stormwater Management Plan
(1) Plan Requirements
(2) Alternate Requirements
S.09 Maintenance Agreement
(1) Maintenance Agreement Required
(2) Agreement Provisions
S.10 Financial Guarantee
(1) Establishment of the Guarantee
(2) Conditions for Release
S.11 Fee Schedule
S.12 Exemptions and Waivers
(1) General
(2) Conditions
(3) Procedures
S.13 Enforcement
S.14 Appeals
(1) Board of Appeals or Adjustment
(2) Who May Appeal
S.15 Severability
S.16 Definitions
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S.17 Effective
Date
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AN ORDINANCE TO CREATE CHAPTER [NUMBER] OF THE [CODE OR ORDINANCE] OF THE CITY
OF WHITEWATER RELATING TO THE CONTROL OF POST-CONSTRUCTION RUNOFF
S.01 AUTHORITY.
This ordinance is adopted by the City of Whitewater under the authority granted by s 62.234, Wis. Stats.
This ordinance supersedes all provisions of an ordinance previously enacted under s. 62.23, Wis. Stats.,
that relate to stormwater management regulations. Except as otherwise specified in s. 62.234, Wis.
Stats., s. 62.23, Wis. Stats., applies to this ordinance and to any amendments to this ordinance.
The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same
governing body.
The City of Whitewater hereby designates the Director of Public Works to administer and enforce the
provisions of this ordinance.
The requirements of this ordinance do not pre-empt more stringent stormwater 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.
S.02 FINDINGS OF FACT.
The City of Whitewater 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.
S.03 PURPOSE AND INTENT.
(1) PURPOSE. The general purpose of this ordinance is to establish long-term, post- construction
runoff management requirements that will diminish the threats to public health, safety, welfare
and the aquatic environment. Specific purposes are to:
(a) Further the maintenance of safe and healthful conditions.
(b) Prevent and control the adverse effects of stormwater; prevent and control soil erosion;
prevent and control water pollution; protect spawning grounds, fish and aquatic life;
control building sites, placement of structures and land uses; preserve ground cover and
scenic beauty; and promote sound economic growth.
(c) Control exceedance of the safe capacity of existing drainage facilities and receiving water
bodies; prevent undue channel erosion; control increases in the scouring and
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transportation of particulate matter; and prevent conditions that endanger downstream
property.
(2) INTENT. It is the intent of the City of Whitewater that this ordinance regulates post-construction
stormwater discharges to waters of the state. This ordinance may be applied on a site-by-site
basis. The City of Whitewater recognizes, however, that the preferred method of achieving the
stormwater performance standards set forth in this ordinance is through the preparation and
implementation of comprehensive, systems-level stormwater management plans that cover
hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe
regional stormwater devices, practices or systems, any of which may be designed to treat runoff
from more than one site prior to discharge to waters of the state. Where such plans are in
conformance with the performance standards developed under s. 281.16, Wis. Stats., for regional
stormwater management measures and have been approved by the City of Whitewater, it is the
intent of this ordinance that the approved plan be used to identify post-construction management
measures acceptable for the community.
S.04 APPLICABILITY AND JURISDICTION.
(1) APPLICABILITY.
(a) Where not otherwise limited by law, this ordinance applies to land development activity
that results in 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.
A redevelopment site with no net increase in exposed parking lots, roads,
rooftops, or other impervious areas.
A 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.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
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.
Underground utility construction such as water, sewer and fiberoptic lines. This
exemption does not apply to the construction of any above ground structures
associated with utility construction.
(c) Notwithstanding the applicability requirements in paragraph (a), this ordinance applies to
land development activity of any size that, in the opinion of the Director of Public Works,
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
This ordinance applies to land development activities within the boundaries and jurisdiction of the
City of Whitewater, as well as the division of land in the city’s extraterritorial jurisdiction.
(3) EXCLUSIONS.
This ordinance 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
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state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2), Wis.
Stats.
S.05 TECHNICAL STANDARDS AND DESIGN METHODS
DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS. All drainage facilities and practices required
to comply with this ordinance shall incorporate technical standards and design methods specified in the
document City of Whitewater Erosion Control and Stormwater Management Requirements, maintained
and periodically updated by the Director of Public Works. Where not superceded by stricter requirements
in City of Whitewater Erosion Control and Stormwater Management Requirements, the following
standards are also incorporated by reference:
(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) OTHER STANDARDS. Other technical standards not identified or developed in sub. (1), may be
used provided that the methods have been approved by the Director of Public Works.
S.06 PERFORMANCE STANDARDS
(1) RESPONSIBLE PARTY. The entity holding fee title to the property shall be responsible for either
developing and implementing a stormwater management plan, or causing such plan to be
developed and implemented through contract or other agreement. This plan shall be developed
in accordance with S. 08, which incorporates the requirements of this section.
(2) PLAN. A written plan shall be developed in accordance with S. 08 and implemented for
applicable land development activities.
(3) STORMWATER MANAGEMENT PERFORMANCE STANDARDS. All drainage facilities and
practices required to comply with this ordinance shall meet performance standards specified in
the document City of Whitewater Erosion Control and Stormwater Management Requirements,
maintained and periodically updated by the Director of Public Works.
(4) LOCATION AND REGIONAL TREATMENT OPTION.
(a) Stormwater Management Facilities required to meet this ordinance may be located on-
site or off-site as part of a regional stormwater device, practice or system.
(b) The Director of Public Works may approve off-site management measures provided that
all of the following conditions are met:
1. The Director of Public Works determines that the post-construction runoff is
covered by a stormwater management system plan that is approved by the City
of Whitewater 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 will be in place before the need for the facility arises as a
result of on-site construction activities.
b. The facility is designed and adequately sized to provide a level of
stormwater control equal to or greater than that which would be afforded
by on-site practices meeting the performance standards of this
ordinance.
c. The facility has a legally obligated entity responsible for its long-term
operation and maintenance.
d. Where a regional treatment option exists such that the Director of Public
Works may exempt the applicant from all or part of the minimum on-site
stormwater management requirements, the applicant shall be required to
pay a fee in an amount determined in negotiation with the Director of
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Public Works. In determining the fee for post-construction runoff, the
Director of Public Works shall consider an equitable distribution of the
cost for land, engineering design, construction, and maintenance of the
regional treatment option.
(5) ALTERNATE REQUIREMENTS. The Director of Public Works may establish alternative
stormwater management requirements to those set forth in City of Whitewater Erosion Control
and Stormwater Management Requirements, if the Director of Public Works determines that an
added level of protection is needed for to address downstream stormwater management issues;
or that extraordinary hardships or practical difficulties may result from strict compliance with these
regulations. Exceptions or waivers to stormwater management requirements set forth in this
ordinance and City of Whitewater Erosion Control and Stormwater Management Requirements shall
be considered in accordance with S. 12.
S.07 PERMITTING REQUIREMENTS, PROCEDURES, AND FEES
(1) PERMIT REQUIRED. No responsible party may undertake a land disturbing construction activity
without receiving a post-construction runoff permit from the Director of Public Works prior to
commencing the proposed activity.
(2) PERMIT APPLICATION AND FEES. Unless specifically excluded by this ordinance, any
responsible party desiring a permit shall submit to the Director of Public Works a permit
application made on a form provided by the Director of Public Works for that purpose.
(a) Unless otherwise excepted by this ordinance, a permit application must be accompanied
by a stormwater management plan, a maintenance agreement (where required) and, where
not otherwise covered by a developer’s agreement, a non-refundable permit administration
fee. The permit administration fee, where applicable, shall be consistent with a fee
schedule maintained by the Director of Public Works.
(b) The stormwater management plan shall be prepared to meet the requirements of S.06
and 08, the maintenance agreement shall be prepared to meet the requirements of S.09,
the financial guarantee shall meet the requirements of S.10, and fees shall be those
established by the City of Whitewater as set forth in S.11.
(3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The Director of Public Works shall
review any permit application that is submitted with a stormwater management plan, maintenance
agreement, and the required fee. The following approval procedure shall be used:
(a) The Director of Public Works may request additional information if required for a
complete application within 15 business days of receipt of any permit application. 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 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 stormwater permit application, plan and maintenance agreement are approved, or if
an agreed upon payment of fees in lieu of stormwater management practices is made,
the Director of Public Works shall issue the permit.
(c) If the stormwater permit application, plan or maintenance agreement is disapproved, the
Director of Public Works shall detail in writing the reasons for disapproval.
(d) The Director of Public Works may request additional information from the applicant. If
additional information is submitted, the Director of Public Works shall have 10 business
days from the date the additional information is received to inform the applicant that the
plan and maintenance agreement are either approved or disapproved.
(e) Prior to commencing the land development activity, the project may be subject to
additional approvals under Chapter 18, Chapter 19, or both, of the City’s municipal code.
(4) PERMIT REQUIREMENTS. 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 may suspend or revoke a permit for
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violation of a permit condition, following written notification of the responsible party. An action by
the Director of Public Works to suspend or revoke this permit may be appealed in accordance
with S.14.
(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 stormwater
management measures in accordance with the approved stormwater management plan
and this permit.
(c) The responsible party shall notify the Director of Public Works at least 2 business days
before commencing any work in conjunction with the stormwater management plan, and
within 3 business days upon completion of the stormwater 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 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 stormwater management practices must
pass a final inspection by the Director of Public Works or its designee to determine if they
are in accordance with the approved stormwater management plan and ordinance. The
Director of Public Works 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 of any significant proposed
modifications to an approved stormwater management plan. The Director of Public
Works may require that the proposed modifications be submitted to it for approval prior to
incorporation into the stormwater management plan and execution by the responsible party.
(f) The responsible party shall maintain all stormwater management practices in accordance
with the stormwater management plan until the practices either become the responsibility
of the City of Whitewater, or are transferred to subsequent private owners as specified in
the approved maintenance agreement.
(g) The responsible party authorizes the Director of Public Works to perform any work or
operations necessary to bring stormwater management measures into conformance with
the approved stormwater management plan, and consents to a special assessment or
charge against the property as authorized under subch. VII of ch. 66, Wis. Stats., or to
charging such costs against the financial guarantee posted under S.10.
(h) If so directed by the Director of Public Works, the responsible party shall repair at the
responsible party's own expense all damage to adjoining facilities and drainage ways
caused by runoff, where such damage is caused by activities that are not in compliance
with the approved stormwater management plan.
(i) The responsible party shall permit property access to the Director of Public Works or its
designee for the purpose of inspecting the property for compliance with the approved
stormwater management plan and this permit.
(j) Where site development or redevelopment involves changes in direction, increases in
peak rate and/or total volume of runoff from a site, the Director of Public Works may require
the responsible party to make appropriate legal arrangements with affected property
owners.
(k) The responsible party is subject to the enforcement actions and penalties detailed in
S.13, if the responsible party fails to comply with the terms of this permit.
(5) PERMIT CONDITIONS. Permits issued under this subsection may include conditions established
by Director of Public Works related to the requirements needed to meet the performance standards
in S.06 or a financial guarantee as provided for in S.10.
(6) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance
through the date the Director of Public Works notifies the responsible party that all stormwater
management practices have passed the final inspection required under sub. (4)(d). The permit
shall be invalid if work is not commenced within 1 year of permit issuance.
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S.08 STORMWATER MANAGEMENT PLAN
(1) PLAN REQUIREMENTS. A Stormwater Management Plan shall be prepared and submitted to
the Director of Public Works. The Stormwater Management Plan shall include, at a minimum,
information required in the City of Whitewater Erosion Control and Stormwater Management
Requirements, maintained and periodically updated by the Director of Public Works. The Director
of Public Works may waive certain submittal requirements if determined by the Director of Public
Works to be unnecessary to demonstrate compliance with ordinance standards.
(2) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe alternative
submittal requirements for applicants seeking an exemption to on-site stormwater management
performance standards under S.06 (5) or S.12.
S.09 MAINTENANCE AGREEMENT
(1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required under S.07
(2) for stormwater management practices shall be an agreement between the Director of Public
Works and the responsible party to provide for maintenance of stormwater practices beyond the
duration period of this permit. The maintenance agreement shall be filed with the County
Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners
of the land served by the stormwater management practices.
(2) AGREEMENT PROVISIONS. The maintenance agreement shall contain the following
information and provisions and be consistent with the maintenance plan required by S.07(2).
(a) Identification of the stormwater facilities and designation of the drainage area served by
the facilities.
(b) A schedule for regular maintenance of each aspect of the stormwater management
system consistent with the stormwater management plan required under S.06(2).
(c) Identification of the property or easement owner, organization or city, county, town or
village responsible for long term maintenance of the stormwater management practices
identified in the stormwater management plan required under S.06 (2).
(d) Requirement that the responsible party(s), organization, or city, county, town or village
shall maintain stormwater management practices in accordance with the schedule included
in par. (b).
(e) Authorization for the Director of Public Works to access the property to conduct
inspections of stormwater management practices as necessary to ascertain that the
practices are being maintained and operated in accordance with the agreement.
(f) A requirement on the Director of Public Works to maintain public records of the results of
the site inspections, to inform the responsible party responsible for maintenance of the
inspection results, and to specifically indicate any corrective actions required to bring the
stormwater management practice into proper working condition.
(g) Agreement that the party designated under par. (c), as responsible for long term
maintenance of the stormwater management practices, shall be notified by the Director of
Public Works of maintenance problems which require correction. The specified
corrective actions shall be undertaken within a reasonable time frame as set by the
Director of Public Works.
(h) Authorization of the Director of Public Works to perform the corrected actions identified in
the inspection report if the responsible party designated under par. (c) does not make the
required corrections in the specified time period. The Director of Public Works shall enter
the amount due on the tax rolls and collect the money as a special charge against the
property pursuant to subch. VII of ch. 66, Wis. Stats.
S.10 FINANCIAL GUARANTEE
(1) ESTABLISHMENT OF THE GUARANTEE. The Director of Public Works may require the
submittal of a financial guarantee, the form and type of which shall be acceptable to the Director
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of Public Works. The financial guarantee shall be in an amount determined by the Director of
Public Works to be the estimated cost of construction and the estimated cost of maintenance of the
stormwater management practices during the period that the designated party in the maintenance
agreement has maintenance responsibility. The financial guarantee shall give the Director of
Public Works the authorization to use the funds to complete the stormwater management practices
if the responsible party defaults or does not properly implement the approved stormwater
management plan, upon written notice to the responsible party by the administering authority that
the requirements of this ordinance have not been met.
(2) CONDITIONS FOR RELEASE. Conditions for the release of the financial guarantee are as
follows:
(a) The Director of Public Works shall release the portion of the financial guarantee
established under this section, less any costs incurred by the Director of Public Works to
complete installation of practices, upon submission of "as built plans" by a licensed
professional engineer. The Director of Public Works may make provisions for a partial
pro-rata release of the financial guarantee based on the completion of various development
stages.
(b) The Director of Public Works shall release the portion of the financial guarantee
established under this section to assure maintenance of stormwater practices and facilities,
less any costs incurred by the Director of Public Works, at such time that the responsibility
for practice or facility maintenance is passed on to another entity via an approved
maintenance agreement.
S.11 FEE SCHEDULE
The fees referred to in other sections of this ordinance shall be established by the City of Whitewater and
may from time to time be modified by resolution. A schedule of the fees established by the Director of
Public Works shall be available for review in Department of Public Works.
S.12 EXCEPTIONS AND WAIVERS
(1) GENERAL. Where the Director of Public Works finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations and/or the purposes of these
regulations may be served to a greater extent by an alternative proposal, it may approve exceptions
and waivers to these regulations so that substantial justice may be done and the public interest
secured, provided the exception or waiver shall not have the effect of nullifying the intent and
purpose of these regulations; and further provided the Director of Public Works shall not approve
exceptions and waivers unless it shall make findings based upon the evidence presented to it that
all of the following conditions are met by the petitioner.
(a) The granting of the exception or waiver will not be detrimental to the public safety, health,
or welfare or injurious to other property;
(b) The conditions upon which the request is based are unique to the property for which the
relief is sought and are not applicable generally to other property;
(c) Because of the location or conditions affecting the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations is carried out;
(d) The relief sought will not materially alter the provisions of any existing regional
stormwater management plan except that this document may be amended in the manner
prescribed by law.
(e) The granting of the exception or waiver will not result in a violation of State or Federal
laws or permits.
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(2) CONDITIONS. In approving exceptions or waivers, the Director of Public Works may require
such conditions as will in his judgement secure substantially the purposes described in this
ordinance and accompanying written stormwater management and erosion control requirements.
(3) PROCEDURES. A petition for an exception or waiver shall be submitted in writing by the
responsible party at the time when the development is filed for the consideration of the Director of
Public Works. The petition shall state fully the grounds for the application and all of the facts
relied upon by the petitioner.
S.13 ENFORCEMENT
(1) Any land disturbing construction activity or post-construction runoff initiated after the effective
date of this ordinance by any person, firm, association, or corporation subject to the ordinance
provisions shall be deemed a violation unless conducted in accordance with the requirements of
this ordinance.
(2) The Director of Public Works shall notify the responsible party by certified mail of any non-
complying land disturbing construction activity or post-construction runoff. The notice shall
describe the nature of the violation, remedial actions needed, a schedule for remedial action, and
additional enforcement action which may be taken.
(3) Upon receipt of written notification from the Director of Public Works under sub. (2), the
responsible party shall correct work that does not comply with the stormwater management plan
or other provisions of this permit. The responsible party shall make corrections as necessary to
meet the specifications and schedule set forth by the Director of Public Works in the notice.
(4) If the violations to a permit issued pursuant to this ordinance are likely to result in damage to
properties, public facilities, or waters of the state, the Director of Public Works may enter the land
and take emergency actions necessary to prevent such damage. The costs incurred by the Director
of Public Works plus interest and legal costs shall be billed to the responsible party.
(5) The Director of Public Works is authorized to post a stop work order on all land disturbing
construction activity that is in violation of this ordinance, or to request the City Attorney to obtain a
cease and desist order in any court with jurisdiction.
(6) The Director of Public Works may revoke a permit issued under this ordinance for non-
compliance with ordinance provisions.
(7) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless
retracted by the Director of Public Works, City Attorney, or by a court with jurisdiction.
(8) The Director of Public Works is authorized to refer any violation of this ordinance, or of a stop
work order, or of a cease and desist order issued pursuant to this ordinance, to the city attorney
for the commencement of further legal proceedings in any court with jurisdiction.
(9) Any person, firm, association, or corporation who does not comply with the provisions of this
ordinance shall be subject to a forfeiture of not less than 100 dollars or more than 500 dollars per
offense, together with the costs of prosecution. Each day that the violation exists shall constitute
a separate offense.
(10) Compliance with the provisions of this ordinance may also be enforced by injunction in any court
with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order
before resorting to injunctional proceedings.
(11) When the Director of Public Works determines that the holder of a permit issued pursuant to this
ordinance has failed to follow practices set forth in the stormwater management plan, or has
failed to comply with schedules set forth in said stormwater management plan, the Director of
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Public Works or a party designated by the Director of Public Works may enter upon the land and
perform the work or other operations necessary to bring the condition of said lands into conformance
with requirements of the approved plan. The Director of Public Works shall keep a detailed
accounting of the costs and expenses of performing this work. These costs and expenses
shall be deducted from any financial security posted pursuant to S.10 of this ordinance. Where such
a security has not been established, or where such a security is insufficient to cover these costs,
the costs and expenses shall be entered on the tax roll as a special charge against the property
and collected with any other taxes levied thereon for the year in which the work is completed.
S.14 APPEALS
(1) BOARD OF ZONING APPEALS The board of zoning appeals, created pursuant to Section
19.72 of the City of Whitewater ordinances pursuant to s. 62.23(7)e Wis. Stats, shall hear and decide
appeals where it is alleged that there is error in any order, decision or determination made by the
Director of Public Works in administering this ordinance. The Board shall also use the
rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
Upon appeal, the Board may authorize variances from the provisions of this ordinance that are
not contrary to the public interest, and where owing to special conditions a literal enforcement of
the ordinance will result in unnecessary hardship.
(2) WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or
by an officer, department, board, or bureau of the City of Whitewater affected by any decision of the
Director of Public Works.
S.15 SEVERABILITY
If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such
judgment.
S.16 DEFINITIONS
(1) “Agricultural facilities and practices ” has the meaning given in s. 281.16, Wis. Stats.
(2) “Average annual rainfall” means a calendar year of precipitation, excluding snow, which is
considered typical.
(3) “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.
(4) “Business day” means a day the office of the Director of Public Works is routinely and
customarily open for business.
(5) “Cease and desist order” means a court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
(6) “Combined sewer system” means a system for conveying both sanitary sewage and
stormwater runoff.
(7) “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.
(8) “Design storm” means a hypothetical discrete rainstorm characterized by a specific duration,
temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(9) “Development” means residential, commercial, industrial or institutional land uses and
associated roads.
(10) “Director of Public Works” means the City of Whitewater Director of Public Works or designee.
(11) “Division of land” means either a major subdivision or minor subdivision, as defined by Chapter
18, Land Division and Subdivision.
(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.
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(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 Jurisdiction” means Extraterritorial Jurisdiction as defined by Section
18.04.020 of the City of Whitewater Subdivision Ordinance.
(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 by the responsible
party to assure that requirements of the ordinance are carried out in compliance with the stormwater
management plan.
(18) “Governing body” 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 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 Development Activity” means any construction related activity that results in the addition
or replacement of impervious surfaces such as rooftops, roads, parking lots, and other structures.
Measurement of areas impacted by land development activity includes 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.
(25) “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.
(26) “Maintenance agreement” means a legal document that provides for long-term maintenance of
stormwater management practices.
(27) “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.
(28) “New development” means development resulting from the conversion of previously
undeveloped land or agricultural land uses.
(29) “Off-site” means located outside the property boundary described in the permit application.
(30) “On-site” means located within the property boundary described in the permit application.
(31) "Ordinary high-water mark" has the meaning given in s. NR 115.03(6), Wis. Adm. Code.
(32) “Outstanding resource waters” means waters listed in s. NR 102.10, Wis. Adm. Code.
(33) “Percent fines” means the percentage of a given sample of soil, which passes through a # 200
sieve.
(34) “Performance standard” means a narrative or measurable number specifying the minimum
acceptable outcome for a facility or practice.
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(35) “Permit” means a written authorization made by the Director of Public Works to the applicant to
conduct land disturbing construction activity or to discharge post-construction runoff to waters of the
state.
(36) “Permit administration fee” means a sum of money paid to the [administering authority] by the
permit applicant for the purpose of recouping the expenses incurred by the authority in administering
the permit.
(37) “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.
(38) “Pollutant” has the meaning given in s. 283.01(13), Wis. Stats.
(39) “Pollution” has the meaning given in s. 281.01(10), Wis. Stats.
(40) “Post-construction site" means a construction site following the completion of land disturbing
construction activity and final site stabilization.
(41) “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.
(42)
“Preventive action limit” has the meaning given in s. NR 140.05(17), Wis. Adm. Code.
(43) "Redevelopment ” means areas where development is replacing older development.
(44) “Responsible party” means any entity holding fee title to the property.
(45) “Runoff” means stormwater or precipitation including rain, snow or ice melt or similar water that
moves on the land surface via sheet or channelized flow.
(46) “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 stormwater treatment device or system.
(d) Discharges directly or indirectly to waters of the state.
(47) “Site” means the entire area included in the legal description of the land on which
the land disturbing construction activity occurred.
(48) “Stop work order” means an order issued by the Director of Public Works which requires that all
construction activity on the site be stopped.
(49) “Stormwater management plan” means a comprehensive plan designed to reduce the
discharge of pollutants from stormwater after the site has under gone final stabilization following
completion of the construction activity.
(50) “Stormwater management system plan” is a comprehensive plan designed to reduce the
discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
(51) "Technical standard" means a document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or method.
(52) “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.
(53) “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.
(54) “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.
(55) “Waters of the state” has the meaning given in s. 281.01 (18), Wis. Stats.
S.17 EFFECTIVE DATE.
This ordinance shall be in force and effect from and after its adoption and publication. The above and
foregoing ordinance was duly adopted by the City of Whitewater of the City of Whitewater on the [number]
day of [month], [year].
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Approved:
_
Attested
:---:-,---------:-,----:-
Published on [day, month, and
year].
APPENDIX
B
CONSTRUCTION SITE EROSION CONTROL
ORDINANCE
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CITY OF WHITEWATER
CONSTRUCTION SITE EROSION CONTROL ORDINANCE
TABLE OF CONTENTS
Foreword
S.01 Authority
S.02 Findings of Fact
S.03 Purpose
S.04 Applicability and Jurisdiction
(1) Applicability
(2) Jurisdiction
(3) Exclusions
S.05 Technical Standards
(1) Design Criteria, Standards and Specifications
(2) Other Standards
S.06 Performance Standards
(1) Responsible Party
(2) Plan
(3) Erosion and Other Pollutant Control Requirements
(4) Location
(5) Alternate Requirements
S.07 Permitting Requirements, Procedures and Fees
(1) Permit Required
(2) Permit Application and Fees
(3) Review and Approval of Permit Application
(4) Financial Guarantee
(5) Permit Requirements
(6) Permit Conditions
(7) Permit Duration
(8) Maintenance
S.08 Erosion and Sediment Control Plan and Amendments
(1) Plan Requirements
(2) Amendments
S.09 Fee Schedule
S.10 Inspection
S.11 Exemptions and Waivers
(1) General
(2) Conditions
(3) Procedures
S.12 Enforcement
S.13 Appeals
(1) Board of Zoning Appeals
(2) Who May Appeal
S.14 Severability
S.15 Definitions
S.16 Effective Date
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CITY OF WHITEWATER
CONSTRUCTION SITE EROSION CONTROL ZONING ORDINANCE
[CHAPTER] CONSTRUCTION
SITE EROSION
S.01 AUTHORITY
(1) This ordinance is adopted under the authority granted by s. 62.234, Wis. Stats. This ordinance
supersedes all provisions of any ordinance previously enacted Wis. Stats. that relate to construction
site erosion control. Except as otherwise specified in s. 62.23 Wis. Stats. s. 62.234 , Wis. Stats.,
applies to this ordinance and to any amendments to this ordinance.
(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the
same governing body.
(3) The City of Whitewater hereby designates the Director of Public Works to administer and enforce
the provisions of this ordinance.
(4) The requirements of this ordinance 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.
S.02 FINDINGS OF FACT
The City of Whitewater 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 Whitewater.
S.03 PURPOSE.
It is the purpose of this ordinance 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 Whitewater.
S.04 APPLICABILITY AND JURISDICTION.
(1) APPLICABILITY.
(a) This ordinance applies to construction sites that have one or more acres of land
disturbing construction activity except as provided under sub. (b):
(b) This ordinance 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 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
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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), this ordinance applies to
construction sites of any size that, in the opinion of the Director of Public Works, 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
.
This ordinance applies to land disturbing construction activities on lands within the boundaries and
jurisdiction of the City of Whitewater, as well as the extraterritorial division of land subject to an ordinance
enacted pursuant to s. 236.45(2) and (3) Wis.
(3) EXCLUSIONS
This ordinance 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.
S.05 TECHNICAL STANDARDS
(1) DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS
All drainage facilities and practices required to comply with this ordinance shall incorporate technical
standards and design methods specified in the document City of Whitewater Erosion Control and
Stormwater Management Requirements, maintained and periodically updated by the Director of Public
Works. Where not superceded by stricter requirements in City of Whitewater Erosion Control and
Stormwater Management Requirements, the following standards are also incorporated by reference:
(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.
(2) OTHER STANDARDS
Other technical standards not identified or developed in sub. (1), may be used provided that the methods
have been approved by the Director of Public Works.
S.06 PERFORMANCE STANDARDS
(1) RESPONSIBLE PARTY. The entity holding fee title to the property shall be responsible for either
developing and implementing an erosion and sediment control plan, or causing such plan to be
developed and implemented through contract or other agreement. This plan shall be developed
in accordance with S. 09, that incorporates the requirements of this section.
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(2) PLAN. A written plan shall be developed in accordance with S.08 and implemented for applicable
land development activities.
(3) EROSION AND SEDIMENT CONTROL PERFORMANCE STANDARDS. All drainage facilities
and practices required to comply with this ordinance shall meet performance standards specified
in the document City of Whitewater Erosion Control and Stormwater Management Requirements,
maintained and periodically updated by the Director of Public Works.
(4) LOCATION. The BMPs used to comply with this section shall be located prior to runoff entering
waters of the state.
(5) ALTERNATE REQUIREMENTS. The Director of Public Works may establish alternative erosion
and sediment control requirements to those set forth in City of Whitewater Erosion Control and
Stormwater Management Requirements, if the Director of Public Works determines that an added
level of protection is needed or that extraordinary hardships or practical difficulties may result
from strict compliance with these regulations. Exceptions or waivers to requirements set forth in
this ordinance and City of Whitewater Erosion Control and Stormwater Management
Requirements shall be considered in accordance with S. 12.
S.07 PERMITTING REQUIREMENTS, PROCEDURES AND FEES.
(1) PERMIT REQUIRED. No responsible party may commence a land disturbing construction activity
subject to this ordinance without receiving prior approval of an erosion and sediment control plan
for the site and a permit from the Director of Public Works.
(2) PERMIT APPLICATION AND FEES. The responsible party desiring to undertake a land
disturbing construction activity subject to this ordinance shall submit an application for a permit
and an erosion and sediment control plan that meets the requirements of S.08. The applicant
shall pay an application fee consistent with the fee schedule maintained by the Director of Public
Works. By submitting an application, the applicant is authorizing the Director of Public Works 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. The Director of Public Works shall
review any permit application that is submitted with an erosion and sediment control plan, and the
required fee. The following approval procedure shall be used:
(a) The Director of Public Works may request additional information if required for a
complete application within 15 business days of receipt of any permit application. 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 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 permit application and plan are approved, the Director of Public Works shall issue
the permit.
(c) If the permit application or plan is disapproved, the Director of Public Works shall state in
writing the reasons for disapproval.
(d) The Director of Public Works may request additional information from the applicant. If
additional information is submitted, the Director of Public Works shall have 10 business
days from the date the additional information is received to inform the applicant that the
plan is either approved or disapproved.
(4) FINANCIAL GUARANTEE. As a condition of approval and issuance of the permit, the Director of
Public Works 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. All permits shall require the responsible party to:
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(a) Notify the Director of Public Works 2 full business days prior to commencing any land
disturbing construction activity.
(b) Notify the Director of Public Works of completion of any BMPs within 3 full business days
after their installation.
(c) Obtain permission in writing from the Director of Public Works prior to any modification
pursuant to S.08(2) 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. Remove accumulated sediment from downstream culverts, storm sewers, and other
drainage facilities.
(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 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. Permits issued under this section may include conditions established by
Director of Public Works in addition to the requirements set forth in sub. (5), where needed to assure
compliance with the performance standards in S.06.
(7) PERMIT DURATION. Permits issued under this section shall be valid for a period of 180 days, or
the length of the building permit or other construction authorizations, whichever is longer, from the
date of issuance. The Director of Public Works may extend the period one or more times for up
to an additional 180 days. The Director of Public Works may require additional BMPs as a condition
of the extension if they are necessary to meet the requirements of this ordinance.
(8) MAINTENANCE. The responsible party throughout the duration of the construction activities
shall maintain all BMPs necessary to meet the requirements of this ordinance until the site has
undergone final stabilization.
S.08 EROSION AND SEDIMENT CONTROL PLAN AND AMENDMENTS.
(1) PLAN REQUIREMENTS. An Erosion and Sediment Control Plan shall be prepared and
submitted to the Director of Public Works. The Erosion and Sediment Control Plan shall include, at
a minimum, information required in the City of Whitewater Erosion Control and Stormwater
Management Requirements, maintained and periodically updated by the Director of Public Works.
(2) AMENDMENTS. 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 notifies the applicant of changes needed in the plan to
comply with this ordinance or the City of Whitewater Erosion Control and Stormwater
Management Requirements.
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S.09 FEE SCHEDULE.
The fees referred to in other sections of this ordinance shall be established by the Director of Public
Works and may from time to time be modified by resolution. A schedule of the fees established by the
Director of Public Works shall be available at the Department of Public Works.
S.10 INSPECTION.
If land disturbing construction activities are being carried out without a permit required by this ordinance,
the Director of Public Works may enter the land pursuant to the provisions of ss. 66.0119(1), (2), and (3),
Wis. Stats.
S.11 EXCEPTIONS AND WAIVERS
(1) GENERAL. Where the Director of Public Works finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations and/or the purposes of these
regulations may be served to a greater extent by an alternative proposal, it may approve exceptions
and waivers to these regulations so that substantial justice may be done and the public interest
secured, provided the exception or waiver shall not have the effect of nullifying the intent and
purpose of these regulations; and further provided the Director of Public Works shall not approve
exceptions and waivers unless it shall make findings based upon the evidence presented to it that
all of the following conditions are met by the petitioner.
(a) The granting of the exception or waiver will not be detrimental to the public safety, health,
or welfare or injurious to other property;
(b) The conditions upon which the request is based are unique to the property for which the
relief is sought and are not applicable generally to other property;
(c) Because of the location or conditions affecting the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations is carried out;
(d) The relief sought will not materially alter the provisions of any existing regional
stormwater management plan except that this document may be amended in the manner
prescribed by law.
(e) The granting of the exception or waiver will not result in a violation of State or Federal
laws or permits.
(2) CONDITIONS. In approving exceptions or waivers, the Director of Public Works may require
such conditions as will in his judgement secure substantially the purposes described in this
ordinance and accompanying written stormwater management and erosion control requirements.
(3) PROCEDURES. A petition for an exception or waiver shall be submitted in writing by the
responsible party at the time when the development is filed for the consideration of the Director of
Public Works. The petition shall state fully the grounds for the application and all of the facts
relied upon by the petitioner.
S.12 ENFORCEMENT.
(1) The Director of Public Works may post a stop-work order if any of the following occurs:
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(a) Any land disturbing construction activity regulated under this ordinance 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 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 if a responsible party violates a stop-work order posted
under sub. (1), the Director of Public Works may request the city attorney to obtain a cease and
desist order in any court with jurisdiction.
(4) The board of zoning appeals 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 may issue a notice of
intent to the responsible party of its intent to perform work necessary to comply with this
ordinance. The Director of Public Works 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, plus interest at the rate authorized by the Director of Public Works shall
be billed to the responsible party. In the event a responsible party fails to pay the amount due,
the clerk shall enter the amount due on the tax rolls and collect as a special assessment against
the property pursuant to subch. VII of ch. 66, Wis. Stats.
(6) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not
less than $100 nor more than $500 and the costs of prosecution for each violation. Each day a
violation exists shall constitute a separate offense.
(7) Compliance with the provisions of this ordinance may also be enforced by injunction
in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and
desist order before resorting to injunctional proceedings.
S.13 APPEALS.
(1) BOARD OF ZONING APPEALS The board of zoning appeals created pursuant to Title 19 of the
city’s ordinance pursuant to 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 in administering this ordinance
except for cease and desist orders obtained under S.12 (3).
(a) Upon appeal, may authorize variances from the provisions of this ordinance which are
not contrary to the public interest and where owing to special conditions a literal
enforcement of the provisions of the ordinance will result in unnecessary hardship; and
(b) Shall use the rules, procedures, duties and powers authorized by statute in hearing and
deciding appeals and authorizing variances.
(2) WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or
by any office, department, board, or bureau of the City of Whitewater affected by any decision of
the Director of Public Works.
S.14 SEVERABILITY.
If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance
unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by
such judgment.
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S.15 DEFINITIONS.
(1) “Administering authority” means a governmental employee, or a regional planning commission
empowered under s. 62.234 Wis. Stats., that is designated by the City of Whitewater to
administer this ordinance.
(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 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 [number] or more parcels or building
sites of [number] or fewer acres each in area where such creation occurs at one time or through
the successive partition within a 5 year period.
(9) “Director of Public Works” means the City of Whitewater Director of Public Works or designee.
(10) “Erosion” means the process by which the land’s surface is worn away by the action of wind,
water, ice or gravity.
(11) “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.
(12) “Extraterritorial Jurisdiction” means Extraterritorial Jurisdiction as defined by Section
18.04.020 of the City of Whitewater Subdivision Ordinance.
(13) “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.
(14) “Governing body” means town board of supervisors, county board of supervisors, city council,
village board of trustees or village council.
(15) “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.
(16) “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.
(17) “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 to the applicant to
conduct land disturbing construction activity or to discharge post-construction runoff to waters of
the state.
EC-9
(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 the entity holding fee title to the property.
(21) “Runoff” means stormwater or precipitation including rain, snow or ice melt or similar water that
moves on the land surface via sheet or channelized flow.
(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 is designed or used for collecting and conveying stormwater runoff and is not part of
a combined sewer system:
(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 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.
S.16 EFFECTIVE DATE.
This ordinance shall be in force and effect from and after its adoption and publication. The above and
foregoing ordinance was duly adopted by the City of Whitewater of the City of Whitewater on the [number]
day of [month], [year].
Approved:
Attested
Published on [day, month, and year].
APPENDIX C
WET DETENTION BASIN TECHNICAL
STANDARD
Wet Detention Pond
(1001)
Wisconsin Department of Natural Resources
Conservation Practice Standard
l. Definition
A permanent pool of water with designed
dimensions, inlets, outlets and storage capacity,
constructed to collect, detain, treat and release
stormwater runoff.
ll. Purposes
The primary purposes of this practice are to improve
water quality and reduce peak flow.
lll. Conditions Where Practice Applies
This practice applies to urban sites where stormwater
runoff pollution due to particulate solids loading and
attached pollutants is a concern. It also applies where
increased runoff from urbanization or land use
change is a concern. Site conditions must allow for
runoff to be directed into the pond and a permanent
pool of water to be maintained.
This standard establishes criteria for ponds to detain
stormwater runoff, although some infiltration may
occur. In some instances, detention ponds may
present groundwater contamination risks, and this
standard sets criteria for determining when liners may
be necessary to address risks to groundwater. Where
the detention pond will be discharging to an
infiltration practice, see WDNR Conservation
Practice Standards 1002-1004.
Application of this standard is not intended to address
flood control. Modifications to the peak flow criteria
or additional analysis of potential flooding issues
may be needed or required by local authorities. For
ponds used during the construction period, see
WDNR Conservation Practice Standard 1064,
Sediment Basin.
This practice provides a method to demonstrate that a
wet detention pond achieves the total suspended
solids (TSS) reduction and peak flow control required
by NR 151.12, Wis. Adm. Code, for post-
construction sites. Pollutant loading models such as
SLAMM, P8, DETPOND or equivalent methodology
may also be used to evaluate the efficiency of the
design in reducing TSS.
lV. Federal, State and Local Laws
The design, construction and maintenance of wet
detention ponds shall comply with all federal,
state and local laws, rules or regulations. The
owner/operator is responsible for securing required
permits. This standard does not contain the text of
any federal, state or local laws governing wet
detention ponds.
The location and use of wet detention ponds may be
limited by regulations relating to stormwater
management, navigable waters (Ch. 30, Wis. Stats.),
floodplains, wetlands, buildings, wells and other
structures, or by land uses such as waste disposal
sites and airports. The pond embankment may be
regulated as a dam under Ch. 31, Wis. Stats., and
further restricted under NR 333, Wis. Adm. Code,
which includes regulations for embankment heights
and storage capacities.
V. Criteria
The following minimum criteria apply to all wet
detention pond designs used for the purposes stated
in Section II of this standard. Use more restrictive
criteria as needed to fit the conditions found in the
site assessment.
A. Site Assessment – Conduct and document a site
assessment to determine the site characteristics
that will affect the placement, design,
construction and maintenance of the pond.
Document the pond design. Items to assess
include:
1. At the pond site, on a site map:
a. Identify buildings and other structures,
parking lots, property lines, wells,
wetlands, 100-year floodplains, surface
Conservation Practice Standards are reviewed periodically and updated if needed. To obtain the current version of WDNR
this standard, contact your local WDNR office or the Standards Oversight Council office in Madison, WI at (608) 441-2677. 10/07
1
Words in the standard that are shown in italics are described in X. Definitions. The words are italicized the first time they are used in the text.
drains, navigable streams, known drain
tile, roads, and utilities (both overhead
and buried) showing elevation contours
and other features specified by the
applicable regulatory authority.
b. Show location of soil borings and test
pits on site map, characterize the soils,
seasonally high groundwater level
1
, and
bedrock conditions to a minimum depth
of 5 feet below the proposed bottom of
the pond or to bedrock, whichever is
less. Conduct one test pit or boring per
every 2 acres of permanent pool
footprint, with a minimum of two per
pond. Include information on the soil
texture, color, structure, moisture and
groundwater indicators, and bedrock
type and condition, and identify all by
elevation. Characterize soils using both
the USDA and USCS classification
systems.
Note: USCS characterization is used for soil
stability assessment while USDA soil
characterization identifies the soil’s potential
permeability rate.
c. Investigate the potential for karst
features nearby.
2. In the watershed, on a watershed map:
a. Identify predominant soils, the drainage
ways, navigable streams and floodways,
wetlands, available contour maps, land
cover types and known karst features.
Identify the receiving surface waters, or
whether the drainage basin drains
directly to groundwater.
b. Show channels and overland flow
before and after development, contours,
and property lines.
c. Refer to the Tc (time of concentration)
flow paths and subwatershed
boundaries used in runoff calculations.
B. Pond Design – Properly designed wet detention
ponds are effective at trapping smaller particles,
and controlling peak flows (see App. C, Figures
1-3).
1. Water Quality – Pollutant reduction (TSS
and phosphorus) is a function of the
permanent pool area and depth, the outlet
structure and the active storage volume. The
following criteria apply:
a. Permanent Pool – The elevation below
which runoff volume is not discharged
and particles are stored.
i. Design ponds to include a
permanent pool of water. The
surface area of the permanent pool
is measured at the invert of the
lowest outlet. The minimum
surface area of the permanent pool
must address the total drainage area
to the pond.
Note: Use App. A for the initial estimate of the
permanent pool area based on drainage area.
Prorate values for mixed land uses. Use Equation 1
to solve for q
o
and iterate as needed.
ii. The permanent pool surface area is
sized based on the particle size and
the peak outflow during the 1-yr.,
24-hour design storm using
Equation 1:
S
a
= 1.2 * (q
o
/ v
s
) [Equation 1(a)]
or
q
o
= (v
s
* S
a
) / 1.2 [Equation 1(b)]
Where:
S
a
= Permanent pool surface area
measured at the invert of the lowest outlet
of the wet detention pond (square feet)
q
o
= Post-construction peak outflow
(cubic feet/second) during the 1-yr., 24-
hour design storm for the principal outlet
v
s
= Particle settling velocity (feet/second)
1.2 = EPA recommended safety factor
iii. Particle settling velocities (v
s
) shall
be based on representative particle
sizes for the desired percent TSS
reduction.
•
80% (3 micron):
v
s
= 1.91 x 10
-5
ft./sec.
• 60% (6 micron):
v
s
= 7.37 x 10
-5
ft./sec.
• 40% (12 micron):
v
s
= 2.95 x 10
-4
ft./sec.
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. 10/07
2
Note: Particle settling velocities were calculated
assuming a specific gravity of 2.5, a water
temperature of 50 degrees Fahrenheit (10 degrees C)
and a kinematic viscosity of 0.01308 cm.
2
/sec.
(Pitt, 2002). The calculations also assume
discrete and quiescent settling conditions per
Stoke’s Law.
b. Active Storage Volume – Volume
above the permanent pool that is
released slowly to settle particles.
Calculate the volume with the following
method:
Use a hydrograph-producing
method, such as the one outlined in
Natural Resources Conservation
Service, Technical Release 55
(TR-55), to determine the storage
volume for detention ponds. This
can be accomplished by using
App. B where:
q
o
= Peak outflow during the 1-yr.,
24-hour design storm for the
principal outlet calculated using
Equation 1 (see V.B.1.a.ii).
q
i
= Calculated post-construction
peak inflow or runoff rate during
the 1-yr., 24-hour design storm.
V
R
= Calculated volume of runoff
from the 1-year, 24-hour design
storm for the entire contributory
area.
V
S
= The required active storage
volume determined using App. B.
Note: This method may require iterative
calculations.
c. Safety – Include a safety shelf (or
aquatic shelf) that extends a minimum
of 8 ft. from the edge of the permanent
pool waterward with a slope of 10:1
(horizontal:vertical) or flatter. The
maximum depth of the permanent pool
of water over the shelf shall be 1.5 ft.
d. Depth – The average water depth of the
permanent pool shall be a minimum of
3 ft., excluding the safety shelf area and
sediment storage depth.
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. 10/07
3
e. Length to Width – Maximize the length
to width ratio of the flow path to
prevent short-circuiting and dead zones
(areas of stagnant water). See Section
VII, Considerations D and N for options
to prevent short circuiting.
f. Sediment Storage – After all
construction has ceased and the
contributory watershed has been
stabilized, one of the following applies:
i. A minimum of 2 ft. shall be
available for sediment storage (for
a total of 5 ft. average depth,
excluding the safety shelf area). For
ponds greater than 20,000 sq. ft.,
50% of the total surface area of the
permanent pool shall be a
minimum of 5 ft. deep. For ponds
less than 20,000 sq. ft., maximize
the area of 5 ft. depth.
ii. Modeling shows that for
20 years of sediment accumulation,
less than 2 ft. sediment storage is
needed (not to be less than
0.5 feet).
iii. A minimum of 4 ft. shall be
available for sediment storage if the
contributory area includes cropland
not stabilized by any other practice,
such as strip cropping, terraces and
conservation tillage.
For information on sediment storage in
forebays, see Section VII,
Consideration C.
Note: Municipalities that use sand in the winter
may consider increasing the sediment storage
depth.
g. Side Slopes Below Safety Shelf – All
side slopes below the safety shelf shall
be 2:1 (horizontal:vertical) or flatter as
required to maintain soil stability, or as
required by the applicable regulatory
authority.
h. Outlets – Wet detention ponds shall
have both a principal outlet and an
emergency spillway.
i. Prevent Damage – Incorporate into
outlet design trash accumulation
preventive features, and measures
for preventing ice damage and
scour at the outfall. Direct outlets
to channels, pipes, or similar
conveyances designed to handle
prolonged flows.
ii. Principal Water Quality Outlet –
Design the outlet to control the
proposed 2-yr., 24-hour discharge
from the pond within the primary
principal outlet without use of the
emergency spillway or other outlet
structures. If a pipe discharge is
used as the primary principal outlet,
then the minimum diameter shall
be 4 inches. Where an orifice is
used, features to prevent clogging
must be added.
iii. Backward Flow – Any storm up to
the 10-yr., 24-hour design storm
shall not flow backward through
the principal water quality outlet or
principal outlet. Flap gates or other
devices may be necessary to
prevent backward flow.
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. 10/07
4
iv. Emergency Spillway – All ponds
shall have an emergency spillway.
Design the spillway to safely pass
peak flows produced by a 100-yr.,
24-hour design storm routed
through the pond without damage
to the structure. The flow routing
calculations start at the permanent
pool elevation.
v. Peak Flow Control – Design the
peak flow control to maintain
stable downstream conveyance
systems and comply with local
ordinances or conform with
regional stormwater plans where
they are more restrictive than this
standard. At a minimum:
a) The post-development
outflow shall not exceed pre-
development peak flows for
the 2-yr., 24-hour design
storm.
b) Use a hydrograph-producing
method such as TR-55 for all
runoff and flow calculations.
c) When pre-development land
cover is cropland, use the
runoff curve numbers in Table 1,
unless local ordinances are
more restrictive.
d) For all other pre-development
land covers, use runoff curve
numbers from TR-55 assuming
“good hydrologic conditions.”
e) For post-development
calculations, use runoff curve
numbers based on proposed
plans.
Note: Local ordinances may require control of
larger storm events than the 2-yr., 24-hour storm.
In these cases, additional or compound outlets
may be required.
Table 1 - Maximum Pre-Development
Runoff Curve Numbers for Cropland Areas
Hydrologic Soil Group
A B C D
Runoff Curve Number
55 69 78 83
2. Other Pond Criteria
a. Inflow Points – Design all inlets to
prevent scour during peak flows
produced by the 10-yr., 24-hr. design
storm, such as using half-submerged
inlets, stilling basins and rip-rap. Where
infiltration may initially occur in the
pond, the scour prevention device shall
extend to the basin bottom.
b. Side Slopes – All interior side slopes
above the safety shelf shall be 3:1
(horizontal:vertical), or flatter if
required by the applicable regulatory
authority.
c. Ponds in Series – To determine the
overall TSS removal efficiency of
ponds in series, the design shall use an
approved model such as DETPOND or
P8, that can track particle size
distribution from one pond to the next.
d. Earthen Embankments – Earthen
embankments (see App. C, Figure 3)
shall be designed to address potential
risk and structural integrity issues
such as seepage and saturation. All
constructed earthen embankments shall
meet the following criteria.
i. Vegetation – Remove a minimum
of 6 in. of the parent material
(including all vegetation, stumps,
etc.) beneath the proposed base of
the embankment.
ii. Core Trench or Key-way – For
embankments where the permanent
pool is ponded 3 ft. or more against
the embankment, include a core
trench or key-way along the
centerline of the embankment up to
the permanent pool elevation to
prevent seepage at the joint
between the existing soil and the
fill material. The core trench or
key-way shall be a minimum of
2 ft. below the existing grade and
8 ft. wide with a side slope of 1:1
(horizontal:vertical) or flatter.
Follow the construction and
compaction requirements detailed
in V.B.2.d.iii below for compaction
and fill material.
iii. Materials – Construct all
embankments with non-organic
soils and compact to 90% standard
proctor according to the procedures
outlined in ASTM D-698 or by
using compaction requirements of
USDA Natural Resources
Conservation Service, Wisconsin
Construction Specification 3.
Do not bury tree stumps, or
other organic material in the
embankment. Increase the
constructed embankment height by
a minimum of 5% to account for
settling.
iv. Freeboard – Ensure that the top of
embankment, after settling, is a
minimum of 1 vertical foot above
the flow depth for the 100-yr.,
24-hr. storm.
v. Pipe Installation, Bedding and
Backfill – If pipes are installed
after construction of the
embankment, the pipe trench shall
have side slopes of 1:1 or flatter.
Bed and backfill any pipes
extending through the embankment
with embankment or equivalent
soils. Compact the bedding and
backfill in lifts and to the same
standard as the original
embankment.
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. 10/07
5
vi. Seepage – Take measures to
minimize seepage along any
conduit buried in the embankment.
Measures such as anti-seep collars,
sand diaphragms or use of
bentonite are acceptable.
vii. Exterior side slopes shall be 2:1
(horizontal:vertical) or flatter, with
a minimum top width of the
embankment of 4 ft., or 10 ft. if
access for maintenance is needed.
The embankment must be designed
for slope stability.
e. Topsoil and Seeding – Spread topsoil
on all disturbed areas above the safety
shelf, as areas are completed, to a
minimum depth of 4 inches. Stabilize
according to the permanent seeding
criteria in WDNR Conservation
Practice Standard 1059, Seeding for
Construction Site Erosion Control.
f. Liners – Use the Liner Flowchart in
App. D to determine when a liner is
needed. For types of liners, see the
Liner Flowchart and specifications in
App. D. If a liner is used, provide a
narrative that sets forth the liner design
and construction methods.
Note: Some municipalities have wellhead
protection areas and all municipalities have
source water protection areas delineated by
WDNR. Consult with the local community about
when a liner will be needed if located within one
of these areas.
g. Depth to Bedrock – The separation
distance from the proposed bottom of a
wet detention pond to bedrock will
determine which of the following apply:
i. If the separation distance is a
minimum of 5 ft. and the soil
beneath the pond to bedrock is 10%
fines or more, refer to the Liner
Flowchart to determine if a liner
may be needed for reasons other
than proximity to bedrock;
ii. If the separation distance is a
minimum of 3 ft. and the soil
beneath the pond to bedrock is
20% fines or more, refer to the
Liner Flowchart to determine if a
liner may be needed for reasons
other than proximity to bedrock;
iii. If conditions in (i) or (ii) are not
met, then a Type B liner is required
at a minimum. Refer to the Liner
Flowchart to determine if a Type A
liner may be needed for reasons
other than proximity to bedrock
(see liner specifications in App. D);
iv. If blasting in bedrock is performed
to construct a wet detention pond in
bedrock, then a Type A liner is
required (see liner specifications in
App. D) and an engineering design
must be conducted.
h. Separation from Wells – Wet detention
ponds shall be constructed 400 feet
from community wells (NR 811, Wis.
Adm. Code) and 25 feet from non-
community and private wells (NR 812,
Wis. Adm. Code).
Note: The 25 foot setback from non-community
and private wells is a final construction distance.
This may not be sufficient to prevent running
over the well with heavy equipment during
construction of the pond.
i. Wetlands – For wet detention ponds
that discharge to wetlands, use level
spreaders or rip-rap to prevent
channelization, erosion and reduce
sedimentation in the wetlands.
j. Off-site runoff – Address off-site runoff
in the design of a wet detention pond.
k. Aerators/Fountains – If an aerator or
fountain is desired for visual and other
aesthetic effects (aerators designed to
mix the contents of the pond are
prohibited) they must meet one of the
first two items (i – ii), and items (iii)
and (iv) below.
i. Increase the surface area of the wet
detention pond beyond the area
needed to achieve compliance with
a stormwater construction site
permit. The increase in surface area
is equal to or greater than the area
of influence of the aerator/fountain.
Use an aerator/fountain that does
not have a depth of influence that
extends into the sediment storage
depth (see App. E, Figure 4).
ii. For wet detention ponds where the
surface area is no more than
required to meet the stormwater
construction site permit conditions,
the depth of influence of the device
cannot extend below the sediment
storage elevation. Include in the
design an automatic shut-off of the
aerator/fountain as the pond starts
to rise during a storm event. The
aerator/fountain must remain off
while the pond depth returns to the
permanent pool elevation and,
further, shall remain off until such
time as required for the design
micron particle size to settle to
below the draw depth of the pump.
(See V.B.1.a.iii for the design
micron particle sizes that correlate
with a TSS reduction.)
iii. Aerator/fountains are not allowed
in wet detention ponds with less
than a 5 ft. permanent pool
designed depth.
iv. Configure the pump intake to draw
water primarily from a horizontal
plane so as to minimize the creation
of a circulatory pattern from
bottom to top throughout the pond.
VI. Operation and Maintenance
Develop an operation and maintenance plan that is
consistent with the purposes of this practice, the wet
detention pond’s intended life, safety requirements
and the criteria for its design. The operation and
maintenance plan will:
A. Identify the responsible party for operation,
maintenance and documentation of the plan.
B. Require sediment removal once the average
depth of the permanent pool is 3.5 ft. At a
minimum, include details in the plan on
inspecting sediment depths, frequency of
accumulated sediment removal, and disposal
locations for accumulated sediment
(NR 500, Wis. Adm. Code).
C. Include inlet and outlet maintenance, keeping
embankments clear of woody vegetation, and
providing access to perform the operation and
maintenance activities.
D. Identify how to reach any forebay, safety shelf,
inlet and outlet structures.
E. Address weed or algae growth and removal,
insect and wildlife control and any landscaping
practices.
WDNR
. 10/07
6
F. If a liner is used, show how the liner will be
protected from damage during sediment removal
or when the liner is undergoing repair.
G. Prohibit excavation below the original design
depth unless geotechnical analysis is completed
in accordance with V.A.1.b & c.
VII. Considerations
Consider the following items for all applications of
this standard:
A. Additional conservation practices should be
considered if the receiving water body is
sensitive to temperature fluctuations, oxygen
depletion, excess toxins or nutrients.
B. To prevent nuisance from geese, consider not
mowing around the pond perimeter. To
maximize safety and pollutant removal, consider
spreading topsoil along the safety shelf to
promote plant growth.
C. For ease of maintenance, a sediment forebay
should be located at each inlet (unless inlet is
< 10% of total inflow or an equivalent upstream
pretreatment device exists) to trap large particles
such as road sand. The storage volume of the
sediment forebay should be consistent with the
maintenance plan, with a goal of 5%-15% of the
permanent pool surface area. The sediment
forebay should be a minimum depth of 3 ft. plus
the depth for sediment storage.
D. The length to width ratio of the flow path should
be maximized with a goal of 3:1 or greater. The
flow path is considered the general direction of
water flow within the pond, including the
permanent pool and forebay.
E. Consider providing additional length to the
safety shelf, above or below the wet pool
elevation, to enhance safety.
F. To prevent damage or failure due to ice, all risers
extending above the pond surface should be
incorporated into the pond embankment.
G. The use of underwater outlets should be
considered to minimize ice damage,
accumulation of floating trash or vortex control.
H. Watershed size and land cover should be
considered to ensure adequate runoff volumes to
maintain a permanent pool.
I. Aesthetics of the pond should be considered in
designing the shape and specifying landscape
practices. Generally, square ponds are
aesthetically unappealing.
J. If downstream flood management or bank
erosion is a concern, consider conducting a
watershed study to determine the most
appropriate location and design of stormwater
management structures, including consideration
of potential downstream impacts on farming
practices and other land uses.
K. For wet detention ponds with surface area more
than 2 acres or where the fetch is greater than
500 feet, consider reinforcing banks, extending
the safety shelf, vegetating the safety shelf or
other measures to prevent erosion of
embankment due to wave action.
L. To prevent failure, consider reinforcing earthen
emergency spillways constructed over fill
material to protect against erosion.
M. All flow channels draining to the pond should be
stable to minimize sediment delivery to the pond.
N. Baffles may be used to artificially lengthen the
flow path in the pond. In some designs, a
circular flow path is set up in a pond even when
the inlet and outlet are next to each other and no
baffles are used. Then the flow path can be
calculated using the circular path.
O. Consider using low fertilizer inputs on the
embankments and collecting the clippings.
P. Consider providing a method to facilitate
dewatering during accumulated sediment
removal.
Q. Consider using backflow preventers to minimize
fish entrapment.
R. Consider providing a terrestrial buffer of
10-15 feet around the pond if it has low or no
embankments.
S. Consider a hard surface for the bottom of the
forebay to ease sediment removal.
T. Use of algaecides, herbicides or polymers to
control nuisance growths or to enhance
sedimentation must receive a permit under
NR 107, Wis. Adm. Code. Contact the
appropriate DNR specialist.
U. Consider additional safety features beyond the
safety shelf where conditions warrant them.
V. Consider vegetative buffer strips along drainage
ways leading to the detention pond to help filter
pollutants.
W. After the site assessment is complete, review and
discuss it with the local administering agency at
a pre-design conference to determine and agree
on appropriate pond design for the site.
WDNR
. 10/07
7
X. Design so that the 10-yr., 24-hour design storm
does not flow through the emergency spillway.
The 10-yr. design criteria protects the
embankment from premature failure due to
frequent or long-duration flows through the
emergency spillway.
Y. Where practical, construct the emergency
spillway on original grade.
Z. Conduct a groundwater boring to 15 feet below
the pond and consider the historic “mottling
marks” in assessing groundwater levels.
AA. For partially or fully submerged inlet pipes,
consider using pipe ties or some other method to
keep pipes from dislodging during frost
movement.
BB. Consider employing a geotechnical engineer if
stability of the embankment is a concern and to
justify slopes steeper than 2.5:1.
CC. Assess potential environmental hazards at the
site from previous land uses. The assessment
should use historical information about the site
to determine if the potential for environmental
hazard exists, e.g., contaminated soils,
contaminated groundwater, abandoned dumps or
landfills. Contaminated areas can be located by
reviewing the Bureau of Remediation and
Redevelopment Tracking System (BRRTS), the
DNR Registry of Waste Disposal Sites in
Wisconsin and the Solid and Hazardous Waste
Information System (SHWIMS) available
through the WDNR website.
DD. Consider direct and indirect impacts to area
wetland hydrology and wetland hydroperiod due
to area hydrologic modifications that result from
routing wetland source waters through a wet
detention pond or releasing the discharge from a
wet detention pond directly into a wetland.
EE. Consider conducting more than one test pit or
boring per every 2 acres of permanent pool
footprint, with a minimum of two per pond, if
more are needed to determine the variability of
the soil boundary or to identify perched water
tables due to clay lenses. For the soils analysis,
consider providing information on soil thickness,
groundwater indicators—such as soil mottle or
redoximorphic features—and occurrence of
saturated soil, groundwater or disturbed soil.
FF. Where the soils are fine, consider groundwater
monitoring if the groundwater table is less than
10 feet below the bottom of the wet pond
because the water table may fluctuate seasonally.
Other impacts on the groundwater table elevation
may be from seasonal pumping of irrigation
wells or the influence of other nearby wells.
Monitoring or modeling may be necessary in
these situations to identify the groundwater
elevation.
GG. For additional guidance on seepage control for
embankments, consult sections V.B.1.c and
V.B.1.e(2) of NRCS Conservation Practice
Standard 378, Pond, particularly if a wet
detention pond’s embankment is considered to
be a dam.
VIII. Plans and Specifications
Plans and specifications shall be prepared in
accordance with the criteria of this standard and shall
describe the requirements for applying the practice to
achieve its intended use. Plans shall specify the
materials, construction processes, location, size and
elevations of all components of the practice to allow
for certification of construction upon completion.
IX. References
Center for Watershed Protection, Stormwater BMP
Design for Cold Climates, December 1997.
R. Pitt and J. Voorhees, The Design and Use of
Detention Facilities for Stormwater Management
Using DETPOND, 2000.
United States Department of Agriculture, Natural
Resources Conservation Service, Conservation
Practice Standard 378, Pond, July 2001.
United States Department of Agriculture, Natural
Resources Conservation Service, Engineering
Field Handbook.
United States Department of Agriculture, Natural
Resources Conservation Service, Ponds –
Planning, Design, Construction, Agriculture
Handbook 590, revised September 1997.
United States Department of Agriculture, Natural
Resources Conservation Service, Technical
Release 55, Urban Hydrology for Small
Watersheds.
United States Department of Agriculture, Natural
Resources Conservation Service, Wisconsin
Field Office Technical Guide, Section IV.
United States Department of Commerce, Weather
Bureau, Rainfall Frequency Atlas of the United
States, Technical Paper 40.
WDNR
. 10/07
8
University of Wisconsin – Extension, The Wisconsin
Storm Water Manual, Part Four: Wet Detention
Basins, Publication No. G3691-P.
Wisconsin State Legislature, Revisor of Statutes
Bureau, Wisconsin Administrative Code; for
information on the codes of state agencies,
including WDNR, see
http://www.legis.state.wi.us/rsb/code.htm.
X. Definitions
Approved Model (V.B.2.c) – A computer model that
is used to predict pollutant loads from urban lands
and has been approved by the applicable regulatory
authorities. SLAMM and P8 are examples of models
that may be used to verify that a detention pond
design meets the desired total suspended solids
reduction.
Area of Influence (V.B.2.k.i) – The area of influence
of an aerator/fountain is a function of the circular
area of impact of the return water and the mixing area
of the pump, whichever is greater.
Bedrock (V.A.1.b) – Consolidated rock material and
weathered in-place material with > 50%, by volume,
larger than 2 mm in size.
Depth of Influence (V.B.2.k.i) – The depth of
influence of an aerator/fountain is a function of the
impact depth of the return water and the draw depth
of the pump, whichever is greater.
Karst Feature (V.A.1.c) – An area or surficial
geologic feature subject to bedrock dissolution so that
it is likely to provide a conduit to groundwater. May
include caves, enlarged fractures, mine features,
exposed bedrock surfaces, sinkholes, springs, seeps,
swallets, fracture trace (linear feature, including
stream segment, vegetative trend and soil tonal
alignment), Karst pond (closed depression in a karst
area containing standing water) or Karst fen (marsh
formed by plants overgrowing a karst lake or seepage
area).
Seasonally high groundwater level (V.A.1.b) – The
higher of either the elevation to which the soil is
saturated as observed as a free water surface in an
unlined hole, or the elevation to which the soil has
been seasonally or periodically saturated as indicated
by soil color patterns throughout the soil profile.
WDNR
. 10/07
9
Appendix A—Calculation of Preliminary Permanent Pool Surface Area for TSS Reduction
1
80% 60%
Land Use/Description/Management
2
Total Impervious
(%)
3
Minimum Surface Area
of the Permanent Pool
(% of Watershed Area)
Minimum Surface Area
of the Permanent Pool
(% of Watershed Area)
Residential
• < 2.0 units/acre (>1/2 acre lots)
(low density
• 2.0 - 6.0 units/acre (medium
density)
• > 6.0 units/acre (high density)
8 - 28
>28 -41
>41 - 68
0.7
0.8
1.0
0.3
Commercial/Office
Park/Institutional/Warehouse/Indust
rial/Manufacturing/Storage
4
(Non-retail related business, multi-
storied buildings, large heavily used
outdoor parking areas, material storage,
or manufacturing operations
<60
60-80
80-90
>90
1.8
2.1
2.4
2.8
0.6
Parks/Open
Space/Woodland/Cemeteries
0-12 0.6 0.2
Highways/Freeways
(Includes right-of-way area)
• Typically grass banks/conveyance
• Mixture of grass and curb/gutter
• Typically curb/gutter conveyance
<60
60-90
>90
1.4
2.1
2.8
1.0
1
Multiply the value listed by the watershed area within the category to determine the minimum pond surface
area. Prorate for drainage areas with multiple categories due to different land use, management, percent
impervious, soil texture, or erosion rates. For example, to achieve an 80% TSS reduction, a 50 acre (residential,
50% imperviousness) x 0.01 (1% of watershed from table) = 0.5 acre + 50 acres (office park, 85%
imperviousness) x 0.024 (2.4% of watershed) = 1.2 acre. Therefore 0.5 acre + 1.2 acre = 1.7 acres for the
minimum surface area of the permanent pool.
2
For offsite areas draining to the proposed land use, refer to local municipalities for planned land use and
possible institutional arrangements as a regional stormwater plan.
3
Impervious surfaces include rooftops, parking lots, roads, and similar hard surfaces, including gravel
driveways/parking areas.
4
Category includes insurance offices, government buildings, company headquarters, schools, hospitals, churches,
shopping centers, strip malls, power plants, steel mills, cement plants, lumber yards, auto salvage yards, grain
elevators, oil tank farms, coal and salt storage areas, slaughter houses, and other outdoor storage or parking
areas.
Source: This table was modified from information in “The Design and Use of Detention Facilities for
Stormwater Management Using DETPOND” by R. Pitt and J. Voorhees (2000).
WDNR
. 10/07
10
Appendix B
Approximate Detention Basin Routing for Type II Storms
0.0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.0
0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0
(
q
o
/ q
i
)
(
V
S
/ V
R
)
Peak Outflow Discharge
Peak Inflow Discharge
S
t
o
r
a
g
e
V
o
l
u
m
e
Ru
n
o
f
f
V
o
l
u
m
e
0.0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.0
0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0
(
q
o
/ q
i
)
(
V
S
/ V
R
)
Peak Outflow Discharge
Peak Inflow Discharge
Peak Outflow Discharge
Peak Inflow Discharge
S
t
o
r
a
g
e
V
o
l
u
m
e
Ru
n
o
f
f
V
o
l
u
m
e
Source: Technical Release 55, United States Department of Agriculture, Natural Resources Conservation Service, Washington,
D.C. 1986. NRCS Bulletin No. WI-210-8-16 (Sept. 12, 1988) amended the TR-55 routing graph for Type II storms to include
flows outside the original range.
WDNR
. 10/07
11
Appendix B (cont’d.)
Rainfall Quantities:
Table 2 provides a summary of the 1-year, 24-hour rainfall totals using NRCS mandated TP-40, which has not been
updated since 1961. Table 3 provides a summary of more current data from the Rainfall Frequency Atlas of the
Midwest published in 1992. Local requirements may dictate the use of one dataset over the other.
Table 2 – Rainfall for Wisconsin Counties for a 1-year, 24-hour Rainfall
1
Inches of Rainfall County
2.1 in. Door, Florence, Forest, Kewaunee, Marinette, Oconto, Vilas
2.2 in. Ashland, Bayfield, Brown, Calumet, Douglas, Iron, Langlade, Lincoln, Manitowoc,
Menominee, Oneida, Outagamie, Price, Shawano, Sheboygan
2.3 in. Barron, Burnett, Dodge, Fond du Lac, Green Lake, Marathon, Milwaukee, Ozaukee, Portage,
Racine, Rusk, Sawyer, Taylor, Washburn, Washington, Waukesha, Waupaca, Waushara,
Winnebago, Wood
2.4 in. Adams, Chippewa, Clark, Columbia, Dane, Dunn, Eau Claire, Jackson, Jefferson, Juneau,
Kenosha, Marquette, Pepin, Pierce, Polk, Rock, St. Croix, Walworth
2.5 in. Buffalo, Green, Iowa, La Crosse, Monroe, Richland, Sauk, Trempealeau, Vernon
2.6 in. Crawford, Grant, Lafayette
1
TP – 40: Rainfall Frequency Atlas of the United States, U.S. Department of Commerce Weather Bureau.
Table 3 - Rainfall for Wisconsin Counties for a 1-year, 24-hour Rainfall
2
Zone Inches of Rainfall County
1 2.22 Douglas, Bayfield, Burnett, Washburn, Sawyer, Polk, Barron, Rusk, Chippewa,
Eau Claire
2 2.21 Ashland, Iron, Vilas, Price, Oneida, Taylor, Lincoln, Clark, Marathon
3 1.90 Florence, Forest, Marinette, Langlade, Menominee, Oconto, Door, Shawano
4 2.23 St. Croix, Dunn, Pierce, Pepin, Buffalo, Trempealeau, Jackson, La Crosse, Monroe
5 2.15 Wood, Portage, Waupaca, Juneau, Adams, Waushara, Marquette, Green Lake
6 1.96 Outagamie, Brown, Kewaunee, Winnebago, Calumet, Manitowoc, Fond du Lac,
Sheboygan
7 2.25 Vernon, Crawford, Richland, Sauk, Grant, Iowa, Lafayette
8 2.25 Columbia, Dodge, Dane, Jefferson, Green, Rock
9 2.18 Ozaukee, Washington, Waukesha, Milwaukee, Walworth, Racine, Kenosha
2
Bulletin 71: Rainfall Frequency Atlas of the Midwest, Midwest Climate Center and Illinois State Water Survey,
1992.
WDNR
. 10/07
12
Appendix B (cont’d.)
Table 4 – Runoff for Selected Curve Numbers and Rainfall Amounts
1
Runoff Depth in Inches for Curve Number of:
Rainfall (inches) 50 55 60 65 70 75 80 85 90 95 98
1.9 0.00 0.01 0.04 0.11 0.20 0.33 0.50 0.72 1.01 1.39 1.68
1.96 0.00 0.01 0.05 0.12 0.23 0.36 0.54 0.77 1.06 1.44 1.73
2.1 0.00 0.02 0.08 0.16 0.28 0.43 0.62 0.87 1.18 1.58 1.87
2.15 0.00 0.03 0.09 0.18 0.30 0.46 0.66 0.91 1.22 1.63 1.92
2.18 0.00 0.03 0.10 0.19 0.31 0.47 0.68 0.93 1.25 1.65 1.95
2.2 0.00 0.04 0.10 0.19 0.32 0.48 0.69 0.94 1.27 1.67 1.97
2.21 0.00 0.04 0.10 0.20 0.32 0.49 0.69 0.95 1.28 1.68 1.98
2.22 0.00 0.04 0.10 0.20 0.33 0.49 0.70 0.96 1.28 1.69 1.99
2.23 0.01 0.04 0.11 0.20 0.33 0.50 0.71 0.97 1.29 1.70 2.00
2.25 0.01 0.04 0.11 0.21 0.34 0.51 0.72 0.98 1.31 1.72 2.02
2.3 0.01 0.05 0.12 0.23 0.36 0.54 0.75 1.02 1.35 1.77 2.07
2.4 0.02 0.07 0.15 0.26 0.41 0.59 0.82 1.10 1.44 1.87 2.17
2.5 0.02 0.08 0.17 0.30 0.46 0.65 0.89 1.18 1.53 1.96 2.27
2.6 0.03 0.10 0.20 0.34 0.50 0.71 0.96 1.26 1.62 2.06 2.37
1
NRCS TR-55, Equations 2-1 to 2-4 used to determine runoff depths.
WDNR
. 10/07
13
Appendix C—Pond Geometry
WDNR
. 10/07
14
Appendix C—Pond Geometry (cont’d.)
WDNR
. 10/07
15
Appendix C—Pond Geometry (cont’d.)
WDNR
. 10/07
16
Appendix D—Pond Liner Design, Decision Flowchart
Pond Liner Design Specifications for Three
Levels of Liners
A. Type A Liners—for sites with the highest
potential for groundwater pollution. They
include:
• Clay (natural soil, not bentonite)
• High Density Polyethylene (HDPE)
• Geosynthetic Clay Liners (GCL)
1. Clay liner criteria (essentially the same as
the clay below landfills but not as thick):
a. 50% fines (200 sieve) or more.
b. An in-place hydraulic conductivity of
1 x 10
-7
cm./sec. or less.
c. Average liquid limit of 25 or greater,
with no value less than 20.
d. Average PI of 12 or more, with no
values less than 10.
e, Clay installed wet of optimum if using
standard Proctor, and 2% wet of
optimum if using modified Proctor.
f. Clay compaction and documentation as
specified in NRCS Wisconsin
Construction Specification 300, Clay
Liners.
g. Minimum thickness of two feet.
h. Specify method for keeping the pool
full or use of composite soils below
liner.
2. HDPE liner criteria:
a. Minimum thickness shall be 60 mils.
b. Design according to the criteria in Table 3
of the NRCS 313, Waste Storage
Facility technical standard.
c. Install according to NRCS Wisconsin
Construction Specification 202,
Polyethylene Geomembrane Lining.
3. GCL liner criteria:
a. Design according to the criteria in Table 4
of NRCS 313, Waste Storage Facility
technical standard.
b. Install according to NRCS Wisconsin
Construction Specification 203,
Geosynthetic Clay Liner.
B. Type B Liners—for sites with medium potential
for groundwater pollution or where need for a
full pool level is high. They include:
• All liners meeting Type A criteria
• Clay
• HDPE
WDNR
. 10/07
17
• Polyethylene Pond Liner (PPL)
1. Clay liner criteria:
a. 50% fines (200 sieve) or more.
b. An in-place hydraulic conductivity of
1 x 10
-6
cm./sec. or less.
c. Average liquid limit value of 16 or
greater, with no value less than 14.
d. Average PI of 7 or more with no values
less than 5.
e. Clay compaction and documentation as
specified in NRCS Wisconsin
Construction Specification 204,
Earthfill for Waste Storage Facilities.
f. Minimum thickness of two feet.
g. Specify method for keeping the pool
full or use of composite soils below
liner.
2. HDPE liner criteria:
a. Minimum thickness shall be 40 mils.
b. All other criteria same as for Type A
HDPE liner.
3. PPL liner criteria:
a. Minimum thickness shall be 30 mils.
b. All other criteria same as for Type A
HDPE liner.
C. Type C Liners—for sites with little potential for
groundwater pollution or where the need for a
full pool is less important. They include:
• All liners meeting Type A or B criteria
• Silts and clays
• HDPE (<40 mil)
• PPL (20-24 mil)
• PVC (30-40 mil)
• EPDM (45 mil)
1. Silt/Clay liner criteria:
a. 50% fines (200 sieve), or 20% fines and
a PI of 7.
b. Soil compaction and documentation as
specified in NRCS Wisconsin
Construction Specification 204,
Earthfill for Waste Storage Facilities.
c. Minimum thickness of two feet.
d. Specify method for keeping the pool
full or use of composite soils below
liner.
D. Liner Elevation—All liners must extend above
the permanent pool up to the elevation reached
by the 2-yr., 24-hour storm event.
E. For synthetic liners, follow the manufacturers’
recommendations for installation.
Appendix E—Aerators/Fountains
WDNR
. 10/07
18
In situ soil
<10
-6
cm/sec
Permeability to 3’
below pond
bottom?
****
Drainage basin
has fueling or vehicle
maintenance
areas?
Appendix D - Liner Flow Chart for Wet
Detention Ponds
Drainage
basin includes
Tier I industrial?
Drainage
basin has storage
or loading areas
For Tier 2
industrial?
Yes Yes
Start
No
No
Yes
No
Type A Liner
Required to Protect
Groundwater
Drainage basin
has dirty source
Areas** >15% ?
**
Dirty source areas=
Industrial, commercial,
institutional parking lots or
roads and all arterial roads.
No
Yes
In situ soil
<10
-7
cm/sec
permeability to 3’
below pond
bottom?
*
Yes
No
No liner
required to
protect
groundwater
See
considerations for
a Type C liner for
safety, to prevent
erosion or for
aesthetics.
Tier I, Tier 2
or fueling/maint.
areas >5% of
watershed?
80% TSS
requirements
met onsite
for areas listed
above
***
?
Type B Liner
Required to Protect
Groundwater
Yes
Yes
Yes
Warnings:
-Liners near karst features
are prone to fail. Additional
investigation required near
known or suspected karst
features.
-Ponds installed in
contaminated areas require
additional DNR approvals to
protect surface and
groundwater. Additional
investigation required near
known or suspected
contamination.
-See criteria for construction
requirements in bedrock.
*
Answer yes in lieu of permeability testing for:
USDA-Sandy clay, silty clay or clay (from actual boring)
USCS-Avg. LL>25, no LL<20, Avg. PI>12 & no PI<10
****
Answer yes in lieu of testing for:
USDA-Silt loam, sandy clay loam, clay loam,
silty clay loam (from actual boring)
USCS-Avg. LL>16, no LL<14,Avg. PI>7 & no
PI<5
Local
municipality
requires liner
to protect well or
groundwater?
No No
Yes
No
No
80% TSS
requirements
met onsite
for areas listed
above
***
?
Yes
No
***
Includes Tier I, Tier II, fueling,
vehicle maintenance areas, dirty
source areas, etc.
WDNR
10/07
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