City of
Whitewater
Erosion Control and
Stormwater Management Requirements
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 1 Technical Standards
1.
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
.........................................................
2-3
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 ........................................................................................
4-5
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
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 1 Technical Standards
1.
SECTION
1
TECHNICAL
STANDARDS
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 Where not superceded by stricter requirements in this document, the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 BMPs.
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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 1 Technical Standards
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.
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
for developments with watershed areas of less than 25 acres which do
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 1 Technical Standards
3.
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
under drain is installed. If under drains 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 basins surface area.
b. Length to width ratio shall be at least 2:1.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 1 Technical Standards
4.
c. The forebay shall be located opposite of the basins 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
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. Under drains 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 drainage way and shall be a minimum of 12 inches
in diameter. The flow line of a culvert shall match the flow line 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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
SECTION
2
PERFORMANCE
STANDARDS
2.01 EROSION AND SEDIMENT CONTROL PERFORMANCE STANDARDS
A. Total Suspended Solids Removal Goals
1. The Erosion and Sediment Control Plan shall include best management
practices (BMPs) that, by design, achieve to the maximum extent practicable,
a reduction of 80 percent of the sediment load carried in runoff based on an
average annual rainfall, as compared with no sediment or erosion controls
until the construction site has undergone final stabilization. An 80 percent
sediment reduction shall meet the requirement of this paragraph. Erosion
and sediment control BMPs may be used alone or in combination to meet the
requirements of this paragraph. Credit toward meeting the sediment
reduction may be given for limiting the duration or area, or both, of
land-disturbing construction activity.
2. If BMPs cannot be designed and implemented to reduce the sediment load
by 80 percent, based on an average annual rainfall, the plan shall include a
written and site-specific explanation as to why the 80 percent reduction goal
is not attainable, and the sediment load shall be reduced to the maximum
extent practicable.
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 BMPs.
B. Required Best Management Practices
Where appropriate, the plan shall include sediment controls to do all of the following to the
maximum extent practicable:
1. Each site shall provide an access drive and parking area of sufficient
dimensions and design, surfaced with a material that will prevent erosion and
minimize tracking or washing of soil onto public or private roadways. All non
paved access drives shall be designed so that stormwater runoff from adjacent
areas does not flow down the drive surface.
City of Whitewater
Erosion Control and Stormwater Management Requirements
2. Any significant amount of runoff from upslope land area, rooftops, or other
surfaces that drain across the proposed land disturbance shall be diverted
around the disturbed area, if practical. Any diversion of upslope runoff shall
be done in a manner that prevents erosion of the flow path and the outlet.
3. Any cuts and fills shall be planned and constructed to minimize the length
and steepness of slope and stabilized in accordance with the approved
erosion control plan timelines and standards of this document.
4. Open channels shall be stabilized as required to prevent erosion.
5. Inlets to storm drains, culverts, and other stormwater conveyance systems
shall be protected from siltation until final site stabilization.
6. Water pumped from the site shall be treated by temporary sedimentation
basins or other appropriate controls designed for the highest dewatering
pumping rate. Water may not be discharged in a manner that causes erosion
of the site or receiving channels.
7. All waste and unused building materials shall be properly disposed of and not
allowed to be carried by runoff into a receiving channel or storm sewer
system.
8. All off-site sediment deposits occurring as a result of a storm event shall be
cleaned up by the end of the next workday. All other off-site sediment
deposits occurring as a result of land-disturbing activities shall be cleaned up
by the end of the workday. Flushing may not be used unless the sediment
will be controlled by a filter fabric barrier, sediment trap, sediment basin, or
equivalent.
9. All activities on the site shall be conducted in a logical sequence to minimize
the area of bare soil exposed at one time. Existing vegetation shall be
maintained as long as possible.
10. Soil stockpiles shall be located no closer than 25 feet from lakes, streams,
wetlands, ditches, drainage ways, or roadway drainage systems. Stockpiles
shall be stabilized by mulching, vegetative cover, tarps, or other means if
remaining 20 days or more.
11. For any disturbed area that remains inactive for greater than 7 working days,
or where grading work extends beyond annual permanent seeding deadlines,
the City of Whitewater may require the site to be treated with temporary
stabilization measures.
City of Whitewater
Erosion Control and Stormwater Management Requirements
12. When the disturbed area has been stabilized by permanent vegetation or
other means, temporary BMPs such as silt fences, straw bales, and sediment
traps shall be removed and these areas stabilized.
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 post construction site as follows:
a. For new 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.
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 2- through 100-year design storm applicable
to the development site.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Hydrologic Soil Group
A
B
C
D
Runoff Curve Number
56
70
79
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
At locations where site conditions permit and where technically feasible, infiltration of
stormwater to reduce the volume of runoff may be required. If stormwater infiltration can
be demonstrated, the reduced volume may be taken into account when designing practices
to meet the peak flow control and pollution control requirements of this ordinance.
Where applicable, evaluation of the need for, appropriateness of, and required volume of
infiltration shall be based on the most current DNR rules and technical standards.
Infiltration shall not be permitted at locations specifically excluded in the DNR rules.
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.
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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Type of Resource Protective Area
Outstanding and Exceptional Resource Waters 75 feet
Perennial/Intermittent Streams per USGS Map 50 feet
Lakes and Wetlands 50 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. Non vegetative materials, such as rock riprap, may be employed
on the bank as necessary to prevent erosion, such as on steep slopes or
where high velocity flows occur.
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 re-vegetating the
protective area with native plantings, where feasible.
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. Post construction sites from which runoff does not enter the surface
water, except to the extent that vegetative ground cover is necessary
to maintain bank stability.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 4 Submittal Requirements
6. Stormwater Conveyance Systems
a. Storm Sewers shall be designed to convey the peak discharge for a
10-year frequency storm event.
b. Cross culverts shall be designed to convey the peak discharge for a
25-year frequency storm event.
c. Ditches shall be designed to convey the peak discharge for a 25-year
frequency storm event.
d. 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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 4 Submittal Requirements
SECTION
3
GENERAL
REQUIREMENTS
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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 4 Submittal Requirements
SECTION
4
SUBMITTAL
REQUIREMENTS
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 pre-developed 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
Section 4 Submittal Requirements
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
Section 4 Submittal Requirements
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
Section 4 Submittal Requirements
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 pre-developed 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
Section 4 Submittal Requirements
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. Post development 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 drainage way.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 4 Submittal Requirements
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 pre-developed and post developed
hydrologic parameters for each drainage basin. Tables shall include
sub basin areas, runoff curve numbers, impervious areas, and
times of concentration for pre-developed and post developed
conditions.
b. Tables summarizing peak discharge rates for the 2-year, 5-year, 10-
year, 25-year, and 100-year storm events for pre-developed, post-
developed without practices, and post developed 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
Section 5 Definitions
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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 5 Definitions
SECTION
5
DEFINITIONS
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.
City of Whitewater
Erosion Control and Stormwater Management Requirements
Section 5 Definitions
19) “Governing body means town board of supervisors, county board of supervisors, city
council, village board of trustees or village council.
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
Section 5 Definitions
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 settle able 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.
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
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. Pre-developed 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 Post developed)
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
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 such. 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 > 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. Pre-developed 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 post developed 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
06/04/04
SW-
28
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.
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APPENDIX A
STORMWATER MANAGEMENT ORDINANCE
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
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S.15 Severability
S.16 Definitions
S.17 Effective
Date
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:
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(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
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.
ƒ A redevelopment site with no net increase in exposed parking lots, roads,
rooftops, or other impervious areas.
ƒ 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.
ƒ Nonpoint discharges from agricultural facilities and practices.
ƒ Nonpoint discharges from silviculture activities.
ƒ 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.
ƒ Underground utility construction such as water, sewer and fiber optic lines. This
exemption does not apply to the construction of any above ground structures
associated with utility construction.
(c) Notwithstanding the applicability requirements in paragraph (a), 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.
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(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 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
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pay a fee in an amount determined in negotiation with the Director of
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 accepted 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 developers 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 such. 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 such. 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 judgment 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-sitemeans 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 partymeans 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) Sitemeans the entire area included in the legal description of the land on which
the land disturbing construction activity occurred.
(48) “Stop work ordermeans 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 statehas 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].
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APPENDIX B
CONSTRUCTION SITE EROSION CONTROL ORDINANCE
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 judgment 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 such. 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 authoritymeans 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 daymeans 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 lands surface is worn away by the action of wind,
water, ice or gravity.
(11) “Erosion and sediment control planmeans 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 bodymeans town board of supervisors, county board of supervisors, city council,
village board of trustees or village council.
(15) “Land disturbing construction activitymeans 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 standardmeans 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.
(18) “Pollutant” has the meaning given in s. 283.01 (13), Wis. Stats. (19)
“Pollutionhas the meaning given in s. 281.01 (10), Wis. Stats.
(20) Responsible partymeans 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 settle able 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) Sitemeans 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 ordermeans 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 statehas 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
Basin
(No.)
Code
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 - Primary reasons for which the practice is applied.
Each purpose identifies a resource problem the practice can be
specifically designed to treat.
The primary purposes of this practice are to control water
pollution and peak flow.
lll. Conditions Where Practice Applies - Land uses
and site conditions that affect the suitability or function of the practice.
This practice applies to urban, construction, and
agricultural sites where runoff pollution due to suspended
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 basin and a permanent
pool of water to be maintained.
This practice does not apply to wetland restorations,
animal lot runoff control, infiltration basins, or dry
detention basins. It also does not apply to sites with high
concentrations of toxic materials, or other regulated
materials contained in the runoff.
This practice may not apply to all flood control,
floodplain management and other flooding issues.
Modifications to the peak flow criteria or additional
analysis of the potential flooding issues may be needed.
lV. Federal, State and Local Laws
The design, construction, and maintenance of wet
detention basins 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 basins.
The location and use of wet detention basins may be
limited by regulations relating to navigable waters
(Ch. 30, Stats.), floodplains, wetlands, buildings, wells
and other structures, or land uses, such as waste
disposal sites and airports. The basin embankment may
also be regulated as a dam under Ch. 31 Stats. and further
restricted under NR 333, Wis. Adm. Code which
includes regulations for embankment heights and storage
capacities.
V. Criteria - Allowable limits for design parameters, acceptable
installation processes, or performance requirements to accomplish
one or more identified purposes.
A. General The following minimum criteria shall
apply to all wet detention basin 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.
1. Site Assessment - A site assessment
shall
be
conducted and documented to determine
the physical site characteristics that will
affect the placement, design, construction,
and maintenance of the basin. The site
assessment shall identify
characteristics
such
as ground slopes, soil types, soil
conditions, bedrock
1
, sinkholes, drainage
patterns, runoff constituents, proximity to
regulated structures, natural resources, and
specific land uses. The site assessment
shall include the following:
a. A 2 foot contour map drawn to scale
showing location and elevations for the
basin area, soil borings and test pits,
buildings and other structures, property
lines, wells, wetlands, 100 yr.
Conservation
Practice Standards are reviewed periodically and updated if needed. To obtain the current version of this standard, DNR, WI
contact your local DNR office or the Standards Oversight Council office in Madison, WI at (608) 833-1833. (06/99)
1
Words in the standard that are shown in italics are described in IX. Definitions. The words are italicized the first time they are used in the text.
2
DNR, WI
(06/99)
.
floodplains, surface drains, navigable
streams, known drain tile, roads and
overhead or buried utilities.
b. Soil logging of the site shall be to a
depth at least 3 ft. below the proposed
design bottom of the basin and include
information on the texture, color, odor,
structure, water table indicators, and
distance to and type of bedrock, if
encountered.
2. Water Pollution Control - A minimum of
80% of the total suspended solids load shall
be removed from the runoff volume
generated by the drainage area on
an
average annual basis. The following criteria
meet this requirement:
a. Permanent Pool - All basins shall be
designed to include a permanent
pool
of
water consisting of a sediment
forebay and main pool. (See fig. 1 and
fig. 2)
(1) The minimum surface area of the
permanent pool shall be based on
the total drainage area to the basin or
it shall be 10,000 sq. ft., whichever
is greater. Table 1 or an approved
model shall be used. Values shall be
prorated for mixed land uses.
(2) A sediment forebay shall be located
at the inlet to trap large particles
such as road sand. The storage
volume of the sediment forebay shall
be consistent with the maintenance
plan, with a goal of 5-15% of the
permanent pool surface area. The
sediment forebay shall be a minimum
depth of 3 ft. plus the depth for
sediment storage.
(3) The length to width ratio of the flow
path shall be maximized with a goal
of 3:1 or greater. The flow path is
considered the general direction of
water flow within the basin including
the permanent pool and forebay.
(4) A safety shelf shall extend a
minimum of 8 ft. from the edge of
the permanent pool, with a slope of
10h:1v or flatter. The maximum
depth of water over the shelf shall be
1.5 ft.
(5) Excluding the safety shelf and
sediment storage, the average water
depth of the permanent pool shall be
a minimum of 3 ft.
(6) A minimum of 2 ft. shall be added
for sediment storage.
(7) For basins 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 basins less than
20,000 sq. ft., maximize the area of 5
ft. depth.
(8) All side slopes below the safety shelf
shall be 2h:1v or flatter as required
to maintain soil stability.
3
DNR, WI
(06/99)
.
Table 1 - Calculation of Minimum Permanent Pool Surface Area.
1
Land Use/Description/Management
2
Total Impervious (%)
3
Minimum Surface Area of
the
Permanent
Pool
(% of Watershed
Area)
Residential
< 2.0 units/acre (>1/2 acre lots)
2.0 - 6.0 units/acre
> 6.0 units/acre (high density)
8 -
28
>28
-41
>41 -
68
0.7
0.8
1.0
Office Park/Institutional/Warehouse
4
(Non-retail related business, multi-storied buildings,
usually more lawn/landscaping not heavily traveled, no
outdoor storage/manufacturing
<60
60-80
>80
1.6
1.8
2.0
Commercial/Manufacturing/Storage
5
(Large heavily used outdoor parking areas, material
storage or manufacturing operations)
<60
60-80
>80
1.8
2.1
2.4
Parks/Open Space/Woodland/Cemeteries
0-12
0.6
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
Cropland (Cropland that is draining to the basin)
Dominant Surface Soil Texture
6
- S, LS
- SC, SCL, SL, L, SiL, Si
- C, CL, SiCL, SiC
Erosion
<
Tolerable
0.6
1.6
2.0
Erosion
>
Tolerable
0.9
2.4
3.0
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, a 50 acre (residential, 50%
imperviousness)
x
0.01 (1% of watershed from table) = 0.5 acre + 50 acres (office park, 85% imperviousness) x 0.02 (2% of watershed) = 1.0 acre. Therefore 0.5 acre + 1.0 acre =
1.5 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. Roofs are assumed to be pitched
and half connected (or draining directly) to the storm sewer system. The other half is assumed to drain onto a vegetated area. Paved parking and storage areas
are assumed to be all connected. Sidewalks and driveways are only half connected.
4
Category includes insurance offices, government buildings, company headquarters, schools, hospitals, and churches.
5
Category includes 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.
6
S=Sand, Si=Silt, C=Clay, L=Loam (USDA Textural Soil Classification System)
4
DNR, WI
(06/99)
.
b. Extended Detention Volume - Volume
above permanent pool that is released
slowly. (see fig. 1 and 2)
(1) Extended detention volume shall be
the runoff volume produced by a 1-
yr., 24-hr. design storm or as
computed by an approved model.
The 1-yr., 24-hr rainfall data for
Wisconsin is shown in Table 4. The
relationship of runoff to precipitation
is shown in Table 5. For curve
number determination see Chapter 2,
Natural Resources Conservation
Service, Technical Release 55
(TR-55). Use the post development
curve number.
(2) Outlet design shall allow for the
release of the extended detention
volume over a period of 24 hr. or
greater.
3. Peak Flow Control - Peak flow control
shall be designed 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. Outflow shall not exceed pre-
development peak flows for both the 2-
yr. and 10-yr., 24-hr design storms.
b. All runoff and flow calculations required
for peak flow design of this practice shall
use a hydrograph-producing method such
as TR-55.
c. When pre-development land cover is
cropland, use the runoff curve numbers in
Table 2. For all other pre-development
land covers, use runoff curve numbers
from TR - 55 assuming good hydrologic
conditions.” For post-development
calculations use runoff curve numbers
based on actual conditions.
Table 2 - Maximum Pre-Development
Runoff Curve Numbers for Cropland Areas
Hydrologic Soil Group
A
B
C
D
Runoff Curve Number
55
68
77
80
4. Inflow Points All inlets shall be designed to
prevent erosion during peak flows produced by
the 10-yr., 24-hr. design storm. Any rock rip-
rap or other channel liners shall extend a
minimum of 1.5 vertical ft. below the permanent
pool elevation.
5. Outlets All outlet designs shall incorporate
preventive measures for ice damage, trash
accumulation, and erosion at the outfall.
6. Emergency Spillway All basins shall have an
emergency spillway. The spillway shall be
designed to safely pass peak flows produced
by
a
100-yr., 24-hour design storm routed through
the basin without damage to the structure. The
flow routing calculations shall start at the
permanent pool elevation.
7. Freeboard The basin design shall ensure the
top of embankment, after settling, is a minimum
of 1 vertical foot above the flow depth in the
emergency spillway required to safely pass the
routed 100-yr., 24-hr. storm.
8. Side Slopes All interior side slopes above the
safety shelf shall be 4h:1v or flatter.
9. Bedrock If bedrock is encountered within 2 ft.
of the bottom of the pond, special precautions
shall be taken, as needed, to minimize
movement of pollutants to groundwater.
10. Earthen Embankments - Earthen
embankments
(see fig. 2) 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.
a. The base of the embankment shall be
stripped of all vegetation, stumps, topsoil
and other matter. Stripping shall be a
minimum of 6 in.
b. For embankments where the permanent pool
is ponded 3 ft. or more against the
embankment, there shall be a core trench or
key-way along the centerline of the
embankment up to the permanent pool
elevation. The core trench or key-way shall
be a minimum of 2 ft. deep and 8 ft. wide
with a side slope of 1:1 or flatter.
c. All embankments shall be constructed with
non-organic soils and compacted to 90%
standard proctor according to the
procedures outlined in ASTM D-698 or by
using compaction requirements of USDA
Natural Resource Conservation Service,
Wisconsin Construction Specification 3. No
tree stumps, or other organic material shall
be buried in the embankment. The
constructed embankment height shall be
increased by a minimum of 5% to account
for settling.
5
DNR, WI
(06/99)
.
d. Any pipes extending through the
embankment shall be bedded and backfilled
with embankment or equivalent soils. The
bedding and backfill shall be compacted in
lifts and to the same standard as the original
embankment. Excavation through a
completed embankment shall have a
minimum side slope of 1:1 or flatter.
e. Measures shall be taken to minimize
seepage along any conduit buried in the
embankment. Measures such as anti-seep
collars or sand diaphragms are acceptable.
f. Downstream side slopes shall be 3h:1v or
flatter.
g. Minimum embankment top width shall be
10 ft.
11. Topsoil and Seeding - Topsoil shall be spread
on all disturbed areas, except for elevations
below the safety shelf, as areas are completed.
Minimum depth of topsoil spread shall be 4 in.
Seed all areas above safety shelf.
12. Operation and Maintenance - An operation
and maintenance plan shall be developed that is
consistent with the purposes of this practice, its
intended life, safety requirements and
the
criteria for its design.
The plan shall address the responsible party for
operation, maintenance, and documentation of
the plan. At a minimum, the plan shall also
include details on inspecting sediment depths,
frequency of sediment removal, disposal
locations for sediment, inlet and outlet
maintenance, keeping embankments clear of
woody vegetation, and providing access to
perform the operation and maintenance
activities.
B. Construction Site. A wet detention basin,
designed to meet the minimum criteria in section
V. A. will also meet the criteria for construction
sites if the following criteria are followed.
1. The minimum permanent pool area shall be the
larger of 1.5% of the disturbed area, or the
permanent pool size as specified in Table 1.
2. If a minimum of 2 vertical feet of sediment
storage is not available after construction and
site stabilization, all excess sediment must be
removed and disposed in accordance with the
operation and maintenance plan. After the site
is stabilized, the minimum permanent pool
depth must meet the requirements of V. A. 2. a.
C. Agricultural. A wet detention basin, designed
to meet the minimum criteria in V. A. will also
meet the criteria for the control of pollution
from agricultural watersheds if the following
additional criteria and exceptions are followed.
1. A permanently vegetated buffer extending a
minimum of 75 ft. beyond the designed
permanent pool elevation is required around
the entire basin.
2. The peak outflow for the 10-yr., 24-hr. design
storm shall not exceed the peak inflow for the
2-yr., 24-hr. design storm.
3. If the permanent pool is ponded 3 ft. or more
against the basin embankment, the
embankment and spillway design shall meet
the criteria in Engineering Standard 378 -
Pond, NRCS Field Office Technical Guide
(FOTG) Section IV.
4. The sediment forebay (V. A. 2. a. (2)) is not
required.
5. Livestock shall be excluded from the pool,
embankment, outlet, and buffer areas.
VI. Considerations. Additional
recommendations
relating to
design which may enhance the use of, or avoid problems with, this
practice.
A. General. Consider the following items for all
applications of this standard:
1. Additional conservation practices should be
considered if the receiving water body is
sensitive to temperature fluctuations,
oxygen depletion, excess toxins or
nutrients.
2. Consider providing additional length to the
safety shelf, above or below the wet pool
elevation, to enhance safety.
3. The use of liners should be evaluated for
maintaining permanent pool levels and
reducing potential groundwater
contamination.
4. To prevent damage or failure due to ice, all
risers extending above the pond surface
should be incorporated into the basin
embankment.
5. The use of underwater outlets should be
considered to minimize ice damage,
accumulation of floating trash or vortex
control.
6
DNR, WI
(06/99)
.
6. When designing basins in series (along
same flow path), consider the impacts on
sediment removal efficiency, flow routing,
and safety.
7. Minimum watershed size and land cover
should be considered to ensure adequate
runoff volumes to maintain a permanent
pool. For supplementing low runoff
periods, consider the installation of a well
to maintain the permanent pool level.
8. Aesthetics of the pond should be considered
in designing the shape and specifying
landscape practices.
9. If downstream flood management or bank
erosion is a concern, a watershed study
should be conducted to determine the most
appropriate location and design of
stormwater management structures.
10. For elongated pools in the direction of
prevailing winds, consider
reinforcing
banks,
extending the safety shelf, or other
measures to prevent erosion of embankment
due to wave action.
11. Consider the potential impacts on
downstream channels, farming practices, or
other land uses if the wet detention basin
may create or alter base flows.
12. To prevent failure, earthen emergency
spillways should not be constructed over fill
material.
13. All flow channels draining to the basin
should be stable to minimize sediment
delivery to the basin.
14. The use of baffles may be used to
artificially lengthen the flow path in the
basin.
15. Consider aerators to maintain aerobic
conditions.
B. Urban Applications. Consider the following
items when applying this standard to urban
areas:
1. Consider including volume reduction
practices in the design to reduce the
potential downstream impacts of larger
runoff volumes with increased
development.
2. Consider using flow splitters before the
basin inlet to provide treatment of the first
flush from urban areas.
3. Consider safety issues such as signage,
flotation devices and special landscaping to
deter entry by people.
4. Consider the effects of construction site
compaction and the use of deep tilling to
increase soil infiltration. Consider raising
the hydrologic soil group used in
calculating post-development runoff to
calculate a more representative runoff
volume due to compaction.
5. Consider vegetative buffer strips along
drainage ways leading to the detention
basin to help filter pollutants in urban
runoff.
C. Construction Site Applications. Consider the
following items when applying this standard to
construction sites:
1. Consider providing extra sediment storage
depth for structures that will serve as
permanent stormwater management
practices. This could eliminate the need for
sediment removal after site stabilization.
2. The entire drainage area, and all of the
basin side slopes, should be thoroughly
stabilized with a vegetative cover prior to
conversion to a permanent pond.
3. Consider construction sequencing to
minimize the amount of land opening
during construction.
D. Agricultural Applications. Consider the
following items when applying this standard to
an agricultural setting:
1. Consider installing a sediment forebay to
minimize maintenance needs for the entire
basin, especially if coarse surface soils are
present in the watershed.
2. Consider vegetative buffer strips between
cropland and drainage ways leading to the
detention basin to help filter agricultural
pollutants. See Standard 393 - Riparian
Vegetative Buffer, NRCS FOTG Section
IV.
3. To enhance use by wildlife, consider
enlarging the pond surface area, flattening
slopes below the water surface, creating
irregular edges and planting native species
in and around the pond. See Chapter 11 -
Ponds and Reservoirs, NRCS Engineering
Field Manual.
7
DNR, WI
(06/99)
.
4. Consider using the basin as an outfall for
subsurface drains from upstream
agricultural lands.
5. All concentrated flow channels entering the
basin from drainage areas as large or larger
than those listed in the middle column of
Table 3 should be vegetated adequately to
carry the 10 yr. storm. See Standard 412 -
Grassed Waterway, NRCS FOTG Section
IV and to Chapter 7 - Grassed Waterways,
USDA-NRCS Engineering Field Manual.
6. All concentrated flow channels entering the
basin from drainage areas in the range
shown in the right hand column of Table 3
should be vegetated 200 ft. up the channel
from the permanent pool. Vegetation
should be adequate to carry the 10
yr.
storm.
7. Consider measures to minimize sheet and
rill erosion in the entire drainage area.
Table 3 - Drainage areas for vegetation of
concentrated flow channels
Hydrologic
Soil Group
Drainage Area
for vegetated
channels, ac
Drainage
Area
for 200 ft.
of
vegetation
up
the channels,
ac
A
A/B
B
B/C
C,
D
100
40
25
15
10
20 to
99
15 to
39
10 to
24
7 to
14
5 to
9
E. Operation and Maintenance Considerations for
All Applications -The maintenance plan should
address weed or algae growth and removal, insect
and wildlife control and any landscaping practices.
Outlet designs should consider having the ability
to dewater the pond to ease future
maintenance. To
prevent nuisance from geese, consider not mowing
around the pond perimeter. To maximize safety
and pollutant removal, allow plant growth along
the safety shelf.
VII. 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.
VIII. References
Center for Watershed Protection, Stormwater BMP
Design Supplement for Cold Climates, Draft Review
Document, August 1997.
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, Wisconsin Field
Office Technical Guide, Section IV.
United States Department of Agriculture - Natural
Resources Conservation Service, Engineering Field
Handbook.
United States Department of Agriculture - Natural
Resources Conservation Service, Technical Release
55.
United States Department of Commerce - Weather
Bureau, Rainfall Frequency Atlas of the United
States, Technical Paper 40.
Wisconsin Department of Natural Resources - Bureau of
Water Resources Management, Wisconsin
Construction Site Best Management Practice
Handbook, Publication WP-222 93 REV, April
1994.
Wisconsin Department of Natural Resources - Bureau of
Water Resources Management, The Wisconsin
Stormwater Manual Part One: Overview,
Publication WR-349-94.
IX. Definitions
Approved Model(V. A. 2. b. (1), V. A. 2. c. (1)) - 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 which may be used to verify that a
detention pond design meets the minimum criterion of
80% reduction of suspended solids.
Bedrock (V. A. 1., V. A. 1. b., V. A. 2. a.) - Consolidated
rock material and weathered in-place material with >
50%, by volume, larger than 2 mm in size.
Tolerable (Table 1) - The tolerable level (T”) of erosion
that could occur without losing long term productivity as
farmland. T values are assigned for each soil type and
are found in Section 1 of the NRCS FOTG. Erosion
8
DNR, WI
(06/99)
.
rates are estimated using industry standard formulas such
as the Revised Universal Soil Loss Equation.
Table 4 - 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 5 - 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
2.1
in.
.00
.02
.08
.17
.28
.43
.63
.88
1.18
1.58
1.87
2.2
in.
.01
.04
.10
.20
.33
.49
.69
.95
1.27
1.67
1.97
2.3
in.
.01
.06
.13
.24
.37
.54.
.76
1.03
1.35
1.77
2.07
2.4
in.
.02
.07
.15
.27
.42
.60
.82
1.10
1.44
1.86
2.17
2.5
in.
.02
.08
.17
.30
.46
.65
.89
1.18
1.53
1.96
2.27
2.6
in.
.03
.10
.20
.34
.51
.71
.96
1.26
1.62
2.06
2.37
1
NRCS TR-55
>3
Figure 2: Typical Embankment Cross Section for Wet Detention Basin
(Not to
Scale)
Top
of routed
1
00 year
storm
1
Freeboard
'
'
-1=
'5
Emergency Spillway
Elevation
1
0
Year
Storage
10
Year Outlet
1
1
Extended
2
Year Outlet
1
Permanent
Pool
Safety
Shelf
8'
min.
(10:1 or
flatter)
Topsoil Stripping
(6"min.)
2"
min
.
8
, .
I
,
min.
Core
Trench
or
Keyway
1.5'
max. water depth
1.
These
are
conceptual
outlet locations to indicate the need
to have different outlets for different purposes.
Numerous
outlet
designs will
meet the criteria of the
standar
d
.
Cl
(3Z
m;;tJ
..._,
7
Figure
1:
(Not to
Scale)
Conceptual
Wet
Detention
Basin
Emergency
Plan
View
-
length
Main
Pool
/\_Maintenance
Access---._
Alternate Separation Berm Designs
(above
or below the
permanent pool)
1
00-yr
Peak Flow Storage
Embankment
Emergency
10-yr Spillway
Extended Detention:
Permanent
Pool
Elevation
Main Pool
(min.
3'
)
Sediment Storage
Anti-Seep Collar
(min
.
2')
or
Equivalent
Cross
Section
DNR, WI
(
06/99
)