HomeMy WebLinkAboutChapter 14 - Storm Water Management
City of Oshkosh Municipal Code
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City of Oshkosh Chapter 14 – Page 1 Municipal Code
CHAPTER 14
STORM WATER MANAGEMENT
ARTICLE 1. GENERAL PROVISIONS
14-1 DEFINITIONS
14-2 AUTHORITY
ARTICLE II. STORM WATER UTILITY
14-3 CREATION
14-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT / SPECIAL
CHARGES
/ SPECIAL ASSESSMENTS
14-4 RATES AND CHARGES
14-5 ALTERNATIVE METHOD TO COLLECT STORM WATER CHARGES
14-6 BUDGET EXCESS REVENUES
ARTICLE III. CONSTRUCTION SITE EROSION CONTROL
14-7 FINDING OF FACT
14-8 PURPOSE
14-9 APPLICABILITY AND JURISDICTION
14-10 TECHNICAL STANDARDS
14-11 PERFORMANCE STANDARDS FOR NON-PERMITTED SITES
14-12 PERFORMANCE STANDARDS FOR PERMITTED SITES
14-13 PERMITTING REQUIREMENTS, PROCEDURES, AND FEES
14-14 EROSION AND SEDIMENT CONTROL PLAN AND AMENDMENTS
14-15 FEE SCHEDULE
14-16 INSPECTION
ARTICLE IV. POST-CONSTRUCTION STORM WATER MANAGEMENT
14-17 FINDINGS OF FACT
14-18 PURPOSE AND INTENT
14-19 APPLICABILITY AND JURISDICTION
14-20 TECHNICAL STANDARDS
14-21 PERFORMANCE STANDARDS
14-22 PERMITTING REQUIREMENTS, PROCEDURES, AND FEES
14-23 STORM WATER MANAGEMENT PLAN
14-24 MAINTENANCE AGREEMENT
14-25 FINANCIAL GUARANTEE
14-26 FEE SCHEDULE
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ARTICLE IV. ALTERNATE REQUIREMENTS
14-27 ALTERNATE REQUIREMENTS
ARTICLE V. ILLICIT DISCHARGE AND CONNECTION TO THE CITY STORM SEWER
SYSTEM
14-28 PURPOSE/INTENT
14-29 APPLICABILITY
14-30 DISCHARGE PROHIBITIONS
14-31 PROHIBITION OF ILLICIT CONNECTIONS
14-32 WATERCOURSE PROTECTION
14-33 COMPLIANCE MONITORING
14-34 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS
BY THE USE OF BEST MANAGEMENT PRACTICES
14-35 NOTIFICATION OF SPILLS
ARTICLE VI. ENFORCEMENT, PENALTIES, APPEALS, AND SEVERABILITY
14-36 ENFORCEMENT
14-37 APPEALS
14-38 SEVERABILITY
14-39 COMPATIBILITY WITH OTHER REGULATIONS
14-40 REMEDIES NOT EXCLUSIVE
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ARTICLE I: GENERAL PROVISIONS
SECTION 14-1 DEFINITIONS
(A) It is the intention of this Chapter to include within any reference to state statute, administrative
code, policy, or procedure in effect at the time of adoption of this section together with any
applicable prior revisions and all future recodifications, renumberings, and amendments unless
otherwise expressly provided in such references.
(B) It is the intention of this Chapter that any act required to be performed by or any act prohibited by
any state statute, administrative code, policy or procedure incorporated herein by reference is an
act required to be performed or is an act prohibited by this Chapter.
(C) Unless the context of this Chapter specifically indicates otherwise, the meaning of terms used
herein shall be as follows:
(1) “Administering authority” as designated by the Common Council to administer and
enforce the provisions of this chapter is the Department of Public Works or its designee.
(2) “Agricultural activity area” means the part of the farm where there is planting, growing,
cultivating and harvesting of crops for human or livestock consumption and pasturing or
outside yarding of livestock, including sod farms and silviculture. Practices in this area
may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation,
filling and similar practices. The agricultural activity area does not include the agricultural
production area
(3) “Agricultural production area” means the part of the farm where there is concentrated
production activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure storage structures, and
other impervious surfaces. The agricultural production area does not include the
agricultural activity area.
(4) “Average annual rainfall” means a typical calendar year of precipitation as determined by
the DNR for users of models such as SLAMM, P8, or equivalent methodology. For purposes
of this chapter, average annual rainfall means measured precipitation in Green Bay,
Wisconsin between March 29 and November 25, 1969 as defined by the DNR Runoff
Management Program.
(5) "Best Management Practice” or “BMP” means structural or non-structural measures,
practices, techniques or devices employed to avoid or minimize, pollutants carried in runoff
to waters of the state, reduce peak flows, and / or reduce runoff volume.
(6) “Board of Public Works” has the meaning as defined in Chapter 2 of the municipal code.
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(7) “Business day” means a day the office of the administering authority is routinely and
customarily open for business.
(8) “Common plan of development or sale” means a land 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. A common plan of development or sale
includes, but is not limited to, subdivision plats, certified survey maps, planned
developments, condominium plats, and other land developments.
(9) “Connected imperviousness" means an impervious surface connected to the waters of the
state via a separate storm sewer, an impervious flow path, or a minimally pervious flow
path.
(10) “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.
(11) “Contaminated storm water”. Storm water that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final products, waste
materials, byproducts or industrial machinery in the source areas listed in NR 216.
(12) “DATCP” means the Wisconsin Department of Agriculture, Trade and Consumer
Protection.
(13) “DNR” means The Wisconsin Department of Natural Resources.
(14) “Design storm” means a hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency, and total depth of
rainfall. The 24-hour design storm rainfall depths are: 1-year, 1.96 inches; 2-year, 2.4 inches;
10-year, 3.56 inches; and 100-year, 6.35 inches. All design storms are to utilize a Type II
rainfall distribution.
(15) “Development” means residential, commercial, industrial, institutional, or other land uses
and associated roads.
(16) “Direct conduits to groundwater” means wells, sinkholes, swallets, fractured bedrock at the
surface, mine shafts, non - metallic mines, tile inlets discharging to groundwater, quarries, or
depressional groundwater recharge areas over shallow fractured bedrock.
(17) “Discharge” means as defined in Wisconsin Statute 283, when used without qualification
includes a discharge of any pollutant.
(18) “Discharge of pollutant or discharge of pollutants” means as defined in Wisconsin Statute
283, means any addition of any pollutant to the waters of this state from any point source.
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(19) “Division of land” means the creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at one time or through
successive partition within a 5 year period.
(20) “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.
(21) “Equivalent Runoff Unit” (ERU) is the impervious area for the average single family
residential lot.
(22) “Erosion” means the process by which the land’s surface is worn away by the action of
wind, water, ice or gravity.
(23) “Erosion and sediment control plan” means a comprehensive plan developed to address
pollution caused by erosion and sedimentation of soil particles or rock fragments during
construction.
(24) "Exceptional resource waters" means waters listed in s. NR 102.11, Wis. Adm. Code.
(25) “Extraterritorial” means the unincorporated area within 3 miles of the corporate limits of
the City of Oshkosh.
(26) “Existing development” means development in existence on October 1, 2004, or
development for which a notice of intent to apply for a storm water permit in accordance
with subch. III of ch. NR 216 was received by the DNR or the department of commerce on or
before October 1, 2004.
(27) “Filtering layer” means soil that has at least a 3-foot deep layer with at least 20 percent fines;
or at least a 5-foot deep layer with at least 10 percent fines; or an engineered soil with an
equivalent level of protection as determined by the administering authority.
(28) “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 as determined by the administering authority.
(29) “Governing body” means the City of Oshkosh Common Council.
(30) “Hazardous materials” means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
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(31) “Highway” has the meaning given in s. 340.01 (22), Wis. Stats.
(32) “Highway reconditioning” has the meaning given in s. 84.013 (1)(b), Wis. Stats.
(33) “Highway reconstruction” has the meaning given in s. 84.013(1)(c), Wis. Stats.
(34) “Highway resurfacing” has the meaning given in s. 84.013(1)(d), Wis. Stats.
(35) “Illicit Connections.” An illicit connection is defined as either of the following:
(a) Any drain or conveyance, whether on the surface or subsurface that allows an illicit
discharge to enter the MS4 including any connections to the MS4 from indoor drains,
sinks, or other fixtures, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the administering authority; or,
(b) Any drain or conveyance connected from a commercial or industrial land use to the
MS4 which has not been documented in plans, maps, or equivalent records and
approved by the administering authority.
(36) “Illicit discharge” means any discharge to an MS4 that is not composed entirely of storm
water except
(a) Discharges authorized by a WPDES permit or
(b) Other discharges not requiring a WPDES permit such as landscape irrigation, individual
residential car washing, fire fighting, diverted stream flows, uncontaminated
groundwater infiltration, uncontaminated pumped groundwater, discharges from
potable water sources, foundation drains, air conditioning condensation, irrigation
water, lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
(37) “Impaired water” means a waterbody impaired in whole or in part and listed by the DNR
pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7, for not meeting a water quality
standard, including a water quality standard for a specific substance or the waterbody’s
designated use.
(38) “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. Gravel surfaces are
considered impervious, unless specifically designed to encourage infiltration.
(39) “Industrial Activity” means activities subject to WPDES Industrial Permits per NR 216
and Wisconsin Statute 283.
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(40) “In-fill area” means an undeveloped area of land located within an existing urban area,
surrounded by development or development and natural or man-made features where
development cannot occur. In-fill does not include any undeveloped area that was part of a
larger new development for which a notice of intent to apply for a storm water permit in
accordance with subch. III of ch. NR 216 was required to be submitted after October 1, 2004,
to the DNR or the department of commerce.
(41) “Infiltration” means the entry of precipitation or runoff into or through the soil.
(42) “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.
(43) “Karst feature” means an area or surficial geologic feature subject to carbonate 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.
(44) “Land disturbing construction activity” (or “disturbance”) 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 activities
include, but are not limited to: clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
(45) “Landowner” means any person holding fee title, an easement or other interest in real
property, which allows the person to undertake cropping, livestock management, land
disturbing construction activity or maintenance of storm water BMPs on the property.
(46) “Maintenance agreement” means a legal document that provides for long-term
maintenance of storm water management facilities and best management practices.
(47) “MEP or maximum extent practicable” means the highest level of performance that is
achievable, but is not equivalent to a performance standard identified in this chapter.
(48) “Minor reconstruction” means reconstruction that is limited to 1.5 miles in continuous or
aggregate total length of realignment and that does not exceed 100 feet in width of roadbed
widening, and that does not include replacement of a vegetated drainage system with a
non−vegetated drainage system except where necessary to convey runoff under a highway
or private road or driveway.
(49) “Municipality” means any city, town, village, county, county utility district, town sanitary
district, town utility district, school district or metropolitan sewage district or any other
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public entity created pursuant to law and having authority to collect, treat or dispose of
sewage, industrial wastes, storm water or other wastes.
(50) “Municipal Separate Storm Sewer System (MS4)” as defined in Wisconsin Administrative
Code NR 216 (effective August 1, 2004), means a system of conveyances including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed
channels or storm sewers, which meets all the following criteria:
(a) Owned or operated by the City of Oshkosh.
(b) Designed or used for collecting or conveying storm water.
(c) Which is not a combined sewer conveying both sanitary and storm water.
(d) Which is not part of a publicly owned wastewater treatment works that provides
secondary or more stringent treatment.
(51) “Navigable waters” and “navigable waterway” has the meaning given in s. 30.01 (4m),
Stats.
(52) “New development” means that portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the amount of impervious
area for the post-development condition is greater than the pre-development condition is
classified as new development. For purposes of this chapter, a post-construction site is
classified as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
(53) “Non-Storm Water Discharge” means any discharge to the MS4 that is not composed
entirely of storm water.
(54) “NRCS” means the Natural Resources Conservation Service of the U.S. Department of
Agriculture.
(55) “Off-site” means located outside the property boundary described in the permit application.
(56) “On-site” means located within the property boundary described in the permit application.
(57) "Ordinary high-water mark" has the meaning given in s. NR 115.03(6), Wis. Adm. Code.
(58) “Outfall” means the point at which storm water is discharged to waters of the state or to a
storm sewer or to a component of an MS4 system that is not owned or operated by the City
of Oshkosh.
(59) “Outstanding resource waters” means waters listed in s. NR 102.10, Wis. Adm. Code.
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(60) “Owner” means any person holding fee title, an easement or other interest in real property.
(61) “Percent fines” means the percentage of a given sample of soil, which passes through a #
200 sieve.
(62) “Performance standard” means a narrative or measurable number specifying the minimum
acceptable outcome for a facility or practice.
(63) “Permit” means a written authorization made by the administering authority to the
applicant to conduct land disturbing construction activity or to discharge post-construction
runoff to waters of the state.
(64) “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.
(65) “Person” means an individual, owner, operator, corporation, partnership, association,
municipality, interstate agency, state agency or federal agency.
(66) “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.
(67) “Pollutant “has the meaning given in s. 283.01 (13), Wis. Stats.
(68) “Pollution” has the meaning given in s. 283.01 (14), Wis. Stats.
(69) “Pollution prevention” means taking measures to eliminate or reduce pollution.
(70) “Post-construction site" means a construction site following the completion of land
disturbing construction activity and final site stabilization.
(71) “Post-development” means the extent and distribution of land cover types present after the
completion of land disturbing construction activity and final site stabilization.
(72) “Pre-development” 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.
(73) “Premises” means any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
(74) “Preventive action limit” has the meaning given in s. NR 140.05(17), Wis. Adm. Code.
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(75) "Redevelopment” means that portion of a post-construction site where impervious surfaces
are being reconstructed, replaced, or reconfigured. Any disturbance where the amount of
impervious area for the post-development condition is equal to or less than the pre-
development condition is classified as redevelopment. For purposes of this chapter, a post-
construction site is classified as new development, redevelopment, routine maintenance, or
some combination of these three classifications as appropriate.
(76) “Responsible party” means any entity holding fee title to the real property and/or other
person contracted or obligated by other agreement to meet the performance standards of
this chapter or to implement and maintain erosion and sediment control, or post-
construction storm water BMPs. All responsible parties shall be jointly responsible for any
act or failure to act by one responsible party. The owner of the property is ultimately
responsible to ensure that all fees are submitted.
(77) “Routine maintenance” means that portion of a post-construction site where pre-
development impervious surfaces are being maintained to preserve the original line and
grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility.
Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks
are examples of routine maintenance, provided the impervious surface’s granular base is
not exposed. The disturbance shall be classified as redevelopment if the granular base
associated with the pre-development impervious surface is exposed or if the soil located
beneath the impervious surface is exposed. For purposes of this chapter, a post-
construction site is classified as new development, redevelopment, routine maintenance, or
some combination of these three classifications as appropriate.
(78) “Runoff” means storm water or precipitation including rain, snow or ice melt or similar
water that moves on the land surface via sheet or channelized flow.
(79) “Sediment” means settleable solid material that is transported by runoff, suspended within
runoff or deposited by runoff away from its original location.
(80) “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 part of a publicly owned wastewater treatment works that provides secondary or
more stringent treatment.
d) Discharges directly or indirectly to waters of the state.
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(81) “Silviculture activity” means activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and pest and fire control.
Clearing and grubbing of an area of a construction site is not a silviculture activity.
(82) “Site” means the entire area included in the legal description of the land on which the land
disturbing construction activity is identified in the permit application.
(83) “Storm Water” means runoff from precipitation including rain, snow, ice melt or similar
water that moves on the land surface via sheet or channelized flow.
(84) “Storm Water Management Plan” means a comprehensive plan designed to reduce the
discharge of pollutants from storm water after the site has under gone final stabilization
following completion of the construction activity.
(85) “Storm Water Pollution Prevention Plan (SWPPP)” means a document which describes the
BMPs and activities identifying sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
(86) “Storm water management system plan” means a comprehensive plan designed to reduce
the discharge of runoff and pollutants from hydrologic units on a regional or municipal
scale.
(87) “Storm Water Reference Guide” refers to the most recent version of the reference document
on file in the Department of Public Works Office (Room 301 of City Hall). The Storm Water
Reference Guide contains guidance to designers and developers to assist them in complying
with the requirements of this Chapter.
(88) “Storm Water Utility Appeals Board” has the meaning as described in Chapter 2 of the
municipal code.
(89) “Targeted performance standard” means a performance standard which applies to a
specific area, where additional practices beyond statewide performance standards, are
necessary to meet water quality standards.
(90) “Total maximum daily load” or “TMDL” means the amount of pollutants specified as a
function of one or more water quality parameters, that can be discharged per day into a
water quality limited segment and still ensure attainment of the applicable water quality
standard.
(91) "Technical standard" means a document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or method.
(92) “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
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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.
(93) “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, which is incorporated by
reference for this chapter.
(94) “Transportation facility” means a highway, a railroad, a public mass transit facility, a
public-use airport, a public trail or any other public work for transportation purposes such as
harbor improvements under s. 85.095 (1) (b), Stats. “Transportation facility” does not
include building sites for the construction of public buildings and buildings that are places of
employment that are regulated by the DNR pursuant to s. 281.33, Stats.
(95) “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”
which is incorporated by reference for this chapter. The Type II curve is applicable to all of
Wisconsin and represents the most intense storm pattern.
(96) “USGS”. means the United States Geological Survey.
(97) “Wastewater” means any water or other liquid, other than uncontaminated storm water,
discharged from a site.
(98) “Watercourse” means a natural or artificial channel through which water flows. These
channels include: all blue and dashed blue lines on the USGS quadrangle maps, all channels
shown on the soils maps in the NRCS soils book for Winnebago County, all channels
identified on the site, and new channels that are created as part of a development. The term
watercourse includes waters of the state as herein defined.
(99) “Waters of the state” means as defined in Wisconsin Statute 283, means those portions of
Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays,
rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses,
drainage systems and other surface water or groundwater, natural or artificial, public or
private within the state or under its jurisdiction, except those waters which are entirely
confined and retained completely upon the property of a person.
(100) “Wisconsin Pollutant Discharge Elimination System (WPDES)” means Storm Water
Discharge Permit. A Wisconsin pollutant discharge elimination system permit issued
pursuant to Wisconsin Statute 283.
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SECTION 14-2 AUTHORITY
(A) This chapter is adopted under the authority granted by 62.234, Wis. Stats.
(B) The provisions of this chapter shall not be interpreted to limit any other lawful regulatory powers
of the same governing body.
(C) The requirements of this chapter do not pre-empt more stringent requirements that may be
imposed by any of the following:
(1) Wisconsin Department of Natural Resources administrative rules, permits or approvals
including those authorized under ss. 281.16 and 283.33, Wis. Stats.
(2) Targeted non-agricultural performance standards promulgated in rules by the Wisconsin
Department of Natural Resources under s. NR 151.004, Wis. Adm. Code.
(3) Wisconsin Department Safety and Professional Services administrative rules, permits or
approvals.
(4) Wisconsin state statutes
(5) Federal laws
ARTICLE II: STORM WATER UTILITY
SECTION 14-3 CREATION
There is hereby established a Storm Water Utility in the City of Oshkosh. The operation of the Storm
Water Utility shall be under the supervision of the Director of Public Works.
SECTION 14-3.1 PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT /
SPECIAL CHARGES / SPECIAL ASSESSMENTS
The City, acting through the Storm Water Utility, may without limitation due to enumeration, acquire,
construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct,
manage and finance such facilities, operations and activities, as are deemed by the city to be proper and
reasonably necessary for a system of storm and surface water management and the public health,
safety and welfare. These facilities may include, without limitation due to enumeration, surface and
underground drainage facilities, sewers, watercourses, retaining walls, detention basins, streets, roads,
ditches and such other facilities as will support a storm water management system.
The Board of Public Works shall supervise actual construction work, shall report on same to the
Common Council and shall follow its instruction.
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The cost of installing, constructing or maintaining any public work or improvement or providing any
current service may be charged in whole or in part to properties benefitting from the installation,
construction or maintenance of the public improvements or current service as provided within Chapter
21 of this Municipal Code.
SECTION 14-4 RATES AND CHARGES
(A) The basis for computation of the charge for storm water services to all lots and parcels of land
within the city is established under this section. The amount of charge to be imposed, the
establishment of formulas for the calculation of charges, the creation of customer classifications for
the imposition of charges, and changes in such charges, formulas and customer classifications may
be made by further resolution of the Common Council. All charges established pursuant to this
Section shall be fair and reasonable. A schedule of current charges shall be maintained and on file in
the office of the City Clerk.
(B) Charges shall be imposed to recover all or a portion of the costs of the Storm Water Utility. Such
charges, which shall be established pursuant to further resolution of the City of Oshkosh Common
Council, may include the following components:
(1) Base charge. A base charge may be imposed on all property in the city. The base charge is
established in recognition of the fact that all properties in the city receive services from the
storm water management activities of the city and that all property contributes to some
degree to the storm water discharge that must be managed by the city. The base charge
shall be assessed to collect the administrative costs of the Storm Water Utility and may
include capital, operating and maintenance costs of the Storm Water Utility which are not
recovered by other means. The base charge may be based on the size of a lot or parcel of
land.
(2) Equivalent runoff unit charge (ERU). An equivalent runoff unit charge may be imposed on
all property that has an impervious area. The ERU charge shall be assessed based upon the
impervious area as reasonably determined by the city for a typical residential unit of
property. Other units of property will be charged multiples of the ERU based on the
impervious area of the property.
(3) Special charge (SC). The special charge which may be imposed on property that is in an
area specially benefited by a particular storm water management facility. This charge will
be developed to reflect the benefits in a particular area that may not be appropriate to
allocate to property throughout the city, and will be calculated on an ERU basis.
(C) The property owner shall be responsible for completing the Storm Water Utility service application
form any time a building permit is issued, exclusive of those issued to existing single family
residences, or when a site plan review is conducted. The form shall be provided by the Inspections
Services Division with each application for a building permit (exclusive of building permits for
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single family residences) or application for site plan review. Failure to submit a completed Storm
Water Utility service application form or providing false information on said form shall result in
denial of both the building permit and Storm Water Utility service applications and imposition of
the penalty as provided in this Section. In addition to any other penalties, the owner shall also be
liable for storm water charges, under this Section, for the improvement from the date construction
of the improvement began.
(D) The Common Council may establish rates and classifications by further resolution as will be likely
to provide a reasonable and fair distribution of the costs of the Storm Water Utility. In the event the
owner and non-owner users of a particular property are not the same, the liability for the charges
attributable to that property shall be joint and several.
(1) Adjustments
(a) Requests for correction of the ERUs, credit applications, or the adjustment factors
allocated to a parcel of property shall be submitted to the administering authority. The
Director of Public Works (Director) shall have the authority to develop and administer
the procedures and review criteria and standards for such requests.
(i) Requests for adjustment to the user fees shall be governed by Section 14 - 37.
(b) Any customer may, submit a request at any time.
(i) Requests shall be in writing and set for in detail the grounds upon which
relief is sought.
(c) The customer customer may be required, at his, her or its own expense, to provide
supplemental information to the administering authority, including but not limited to
survey data approved by a registered land surveyor (R.P.L.S.) and engineering reports
approved by a professional engineer (P.E.) Failure to provide such information within
the time limits established by the Director, as may be reasonably extended, may result
in denial of the request.
(i) Once a completed request and all required information is fully submitted, the
Director shall have thirty (30) calendar days within which to render a written
decision. Concurrent payment of any charges for such requests is not required
as a condition precedent to this request for review.
(ii) The Director’s decision shall be mailed to the address provided on the request
and service shall be complete upon mailing.
(iii) Appeals from the Director’s decisions shall be governed by Section 14-37, except
that no concurrent payment of any fees is required. All appeals must be in
writing and shall specify the grounds for challenging the Director’s decision.
The appeal must specifically address the Director’s conclusions and shall not
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merely repeat the bases for the initial request. All appeals shall be submitted
within thirty (30) calendar days after the date of mailing the Director’s decision.
Failure to timely and properly appeal shall deprive the City Manager of
jurisdiction to hear the appeal.
(E) The charges established will be billed to the utility customer at the same time and in the same
manner as the sanitary sewer or water bill. Unless otherwise provided elsewhere, such charges
shall not be payable in installments. Bills for Storm Water Utility charges shall be mailed to the
recipient designated by the owner of the property to which the bill relates, provided that such
mailing shall not relieve the owner of any property from liability for the charges in the event
payment is not made.
(F) A late payment charge as established by further resolution of the Common Council will be added to
bills not paid within 20 days of issuance.
(G) All storm water service charges shall be taxed and collected, and shall be a lien upon the property
served in the same manner as water service charges are taxed and collected under the provisions of
Sec. 66.0809, Wis. Stats.
SECTION 14-5 ALTERNATIVE METHOD TO COLLECT STORM WATER CHARGES
In addition to any other method for collection of the charges established under this Article, or subsequent
resolution, may be, and are hereby authorized to be levied and imposed on property as a special charge
pursuant to Sec. 66.0627, Wis. Stats. The mailing of the bill for Storm Water Utility charges to a property
owner shall serve as notice to the property owner that failure to pay the charges when due may result in
the charges being imposed pursuant to the authority of Sec. 66.0627, Wis. Stats. The procedures contained
in Sec. 66.0627, Wis. Stats., shall govern such notice and further collection procedures.
SECTION 14-6 BUDGET EXCESS REVENUES
The Storm Water Utility finances shall be accounted for in a separate Storm Water Utility Fund by the City.
The Finance Director or designee shall prepare an annual budget, which is to include all operation and
maintenance costs, debt service and other costs related to the operation of the Storm Water Utility. The
budget is subject to approval by the Common Council. The costs shall be spread over the rate
classifications as determined by the Council. Any excess of revenues over expenditures in a year will be
retained by the Fund for subsequent years’ needs.
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ARTICLE III: CONSTRUCTION SITE EROSION CONTROL
SECTION 14-7 FINDING OF FACT
The Common Council finds that runoff from land disturbing construction activity carries a significant
amount of sediment and other pollutants to the waters of the state from the City of Oshkosh.
SECTION 14-8 PURPOSE
It is the purpose of this article 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 in the City of Oshkosh to waters of the
state.
SECTION 14-9 APPLICABILITY AND JURISDICTION
(A) Applicability.
(1) This article applies to the following land disturbing construction activities except as
provided under subsection (A)(2):
(a) A construction site which has 4,000 square feet or greater of land disturbing
construction activity.
(b) A construction site which has 100 cubic yards or greater of excavation volume, filling
volume, or some combination of excavation and filling volume.
(c) Land disturbing activities involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(d) Land disturbing activities involving the laying, repairing, replacing or enlarging of an
underground pipe, wire, cable or facility, subject to any alternative plan and permit
requirements for such activities set forth in the City of Oshkosh Storm Water Reference
Guide.
(e) Land disturbing activities within waters of the state, wetlands and protective areas.
Wetlands shall be delineated in accordance with s. NR103.08(1m).
(f) Routine ditch maintenance, subject to any alternative plan and permit requirements for
such activities set forth in the City of Oshkosh Storm Water Reference Guide.
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(g) Notwithstanding the previously listed applicability requirements, construction sites of
any size that, in the opinion of the administering authority, 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 are
required to prepare a plan and obtain a permit.
(2) Land disturbing activities meeting the following are not required to prepare a plan and
obtain a permit. These sites shall meet the performance standards in Section 14-11.
(a) A construction project that is exempted by federal statutes or regulations from the
requirement to have a national pollutant discharge elimination system permit issued
under chapter 40, Code of Federal Regulations, part 122, for land disturbing
construction activity.
(3) This article does not apply to the following:
(a) Land disturbing construction activity that includes the construction of 1- and 2-family
residential dwellings that are not part of a larger common plan of development or sale
and that result in less than 1 acre of disturbance. These construction sites are regulated
by the Wisconsin Department of Safety and Professional Services under s. SPS 321.125
Wis. Adm. Code.
(b) Nonpoint discharges from agricultural activity areas.
(4) Notwithstanding the applicability requirements in subsection (A)(1), this article applies to
construction sites of any size that, in the opinion of the administering authority, 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.
(B) Jurisdiction.
(1) This article applies to land disturbing construction activity on construction sites located
within the boundaries and jurisdiction of the City of Oshkosh including those lands
identified under any current or future boundary agreements and lands that are included as
part of a delayed attachment.
(C) Exclusions.
(1) This article 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.
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SECTION 14-10 TECHNICAL STANDARDS
(A) Design Criteria, Standards and Specifications.
(1) All BMPs required to comply with this article shall meet the design criteria, standards and
specifications based on any of the following:
(a) Design guidance and technical standards identified or developed by the Wisconsin
Department of Natural Resources under Chapter NR 151, Wis. Adm. Code.
(b) Technical standards and other guidance identified within the City of Oshkosh Storm
Water Reference Guide.
(c) For this article, average annual basis is calculated using the appropriate average annual
rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm
using a type II distribution, with consideration given to the geographic location of the
site and the period of disturbance.
(d) Soil loss prediction tools such as Revised Universal Soil Loss Equation 2 (RUSLE2) that
estimate the sediment load leaving the construction site under varying land and
management conditions.
(B) Other Standards
(1) Other technical standards not identified or developed in subsection (A) may be used
provided that the methods have been approved by the administering authority.
SECTION 14-11 PERFORMANCE STANDARDS FOR NON-PERMITTED SITES
(A) Responsible Party. The responsible party shall develop an erosion and sediment control plan in
accordance with Section 14-14 that incorporates the requirements of this section. The responsible
party shall comply with all aspects of the approved erosion and sediment control plan. For sites not
required to obtain a permit under Subsection 14-9(A)(2), the property owner or other responsible
party shall still comply with all requirements of this section.
(B) Requirements. Erosion and sediment control practices at each site where land disturbing
construction activity is to occur shall be used to prevent or reduce all of the following:
(1) The deposition of soil from being tracked onto streets by vehicles.
(2) The discharge of sediment from disturbed areas into storm water inlets.
(3) The discharge of sediment from disturbed areas into adjacent waters of the state.
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(4) The discharge of sediment from drainage ways that flow off the site.
(5) The discharge of sediment by dewatering activities.
(6) The discharge of sediment eroding from soil stockpiles.
(7) The transport of chemicals, cement and other building compounds and materials on the
construction site during the construction period into waters of the state or the separate
storm sewer. However, projects that require the placement of these materials in waters of
the state, such as constructing bridge footings or BMP installations, are not prohibited by
this paragraph.
(8) The discharge of sediment from erosive flows at outlets and in downstream channels.
(9) The transport by runoff into waters of the State or separate storm sewer of untreated wash
water from vehicle and wheel washing.
(C) Location. The BMPs used to comply with this section shall be located so that treatment occurs
before runoff leaves the site or enters a separate storm sewer system, any drainage channel or
waters of the state.
(D) Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) Erosion and sediment control practices shall be constructed or installed before land
disturbing construction activities begin.
(2) Erosion and sediment control practices shall be maintained until final stabilization.
(3) Final stabilization activity shall commence when land disturbing activities cease and final
grade has been reached on any portion of the site.
(4) Temporary stabilization activity shall commence when land disturbing activities cease
and will not resume for a period exceeding 14 calendar days.
(5) BMPs that are no longer necessary for erosion and sediment control shall be removed by
the responsible party.
SECTION 14-12 PERFORMANCE STANDARDS FOR PERMITTED SITES
(A) Responsible Party. The responsible party shall develop an erosion and sediment control plan in
accordance with Section 14-14 that incorporates the requirements of this section. The responsible
party shall comply with all aspects of the approved erosion and sediment control plan.
(B) Plan. A written erosion and sediment control plan shall be developed in accordance with Section
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14-14 and implemented for each construction site.
(C) Requirements. The erosion and sediment control plan required under subsection (B) shall include
the following:
(1) Erosion and sediment control practices shall be used to prevent or reduce all of the
following:
(a) The deposition of soil from being tracked onto streets by vehicles.
(b) The discharge of sediment from disturbed areas into storm water inlets.
(c) The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) The discharge of sediment from drainage ways that flow off the site.
(e) The discharge of sediment by dewatering activities.
(f) The discharge of sediment eroding from soil stockpiles.
(g) The discharge of sediment from erosive flows at outlets and in downstream channels.
(h) The transport by runoff into waters of the state or the separate storm sewer of
chemicals, cement and other building compounds and materials on the construction site
during the construction period. However, projects that require the placement of these
materials in waters of the state, such as constructing bridge footings or BMP
installations, are not prohibited by this subdivision.
(i) The transport by runoff into waters of the state or the separate storm sewer of untreated
wash water from vehicle and wheel washing.
(2) Construction sites shall implement BMP’s that, by design, discharge no more than 5 tons
per acre per year, of the sediment load in runoff from initial grading to final stabilization.
The administering authority may establish requirements less stringent for sites with less
than one acre of disturbance.
(3) Erosion and Sedimentation BMPs may be combined 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 activity, or other appropriate mechanism. The
method of calculating the percent reduction in sediment shall be a method approved by the
administering authority.
(4) Notwithstanding subsection (C)(1), if BMPs cannot be designed and implemented to meet
these requirements, the plan shall include a written and site-specific explanation as to why
the requirements are not attainable and the sediment load shall be reduced to the maximum
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extent practicable.
(5) Preventative measures. The plan shall incorporate all of the following:
(a) Maintenance of existing vegetation, especially adjacent to surface waters whenever
possible.
(b) Minimization of soil compaction and preservation of topsoil.
(c) Minimization of land disturbing construction activity on slopes of 20% or more.
(d) Development of spill prevention and response procedures.
(6) All off-site deposits occurring as a result of a storm event shall be cleaned up by the end of
the next working day. All other off-site deposits occurring as a result of land disturbing
activities shall be cleaned up by the end of the workday. Flushing is not allowed.
(D) Location. The BMPs used to comply with this section shall be located so that treatment occurs prior
to runoff leaving the site or entering the municipal separate storm system, any drainage channel or
entering waters of the state.
(E) Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) Erosion and sediment control practices shall be constructed or installed before land
disturbing construction activities begin in accordance with plan developed under
subsection (B).
(2) Erosion and sediment control practices shall be maintained until final stabilization.
(3) Final stabilization activity shall commence when land disturbing activities cease and final
grade has been reached on any portion of the site.
(4) Temporary stabilization activity shall commence when land disturbing activities cease and
will not resume for a period exceeding 14 calendar days.
(5) BMPs that are no longer necessary for erosion and sediment control shall be removed by the
responsible party.
SECTION 14-13 PERMITTING REQUIREMENTS, PROCEDURES, AND FEES
(A) Permit Required. No responsible party may commence a land disturbing construction activity
subject to this article without receiving prior approval of an erosion and sediment control plan for
the site when a permit from the administering authority is required.
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(B) Permit Application and Fees. At least one responsible party desiring to undertake a land disturbing
construction activity subject to this article shall submit an application for a permit and an erosion
and sediment control plan that meets the requirements of Section 14-14 and shall pay an application
fee to the administering authority. By submitting an application, the applicant is authorizing the
administering authority to enter the site to obtain information required for the review of the erosion
and sediment control plan. The owner of the property is ultimately responsible to ensure that all
permit application fees are submitted.
(C) Review and Approval of Permit Application. The administering authority shall review any permit
application that is submitted with an erosion and sediment control plan, and the required fee.
Permit application reviews will be coordinated through the Site Plan Review Committee. The
following approval procedure shall be used:
(1) Within 15 business days of the receipt of a complete permit application, as required by
subsection (B), the administering authority shall inform the applicant whether the
application and plan are approved, disapproved, or if more information is required, based
on the requirements of this article.
(2) If the permit application and plan are approved, the administering authority shall issue the
permit.
(3) If the permit application or plan is disapproved, the administering authority shall state in
writing the reasons for disapproval.
(4) The administering authority may request additional information from the applicant. If
additional information is submitted, the administering authority shall have 15 business
days from the date the additional information is received to inform the applicant that the
plan is either approved or disapproved.
(5) Failure by the administering authority to inform the permit applicant of a decision within 15
business days of a required submittal shall be deemed to mean approval of the submittal
and the applicant may proceed as if a permit had been issued, unless the administering
authority notifies the applicant that more time is required.
(B) Financial Guarantee. As a condition of approval and issuance of the permit, the administering
authority may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of
credit to guarantee execution of the approved erosion control plan and any permit conditions.
(C) Permit Requirements. All permits shall require the owner and responsible party to:
(1) Notify the administering authority within 2 business days of commencing any land
disturbing construction activity.
(2) Notify the administering authority of completion of any BMPs within 5 business days after
their installation.
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(3) Obtain permission in writing from the administering authority prior to any modification
pursuant to Section 14-14 of the erosion and sediment control plan.
(4) Install all BMPs as identified in the approved erosion and sediment control plan.
(5) Maintain all road drainage systems, storm water drainage systems, BMPs and other
facilities identified in the erosion and sediment control plan.
(6) Repair, within 24 hours, any siltation or erosion damage to adjoining surfaces and drainage
ways resulting from land disturbing construction activities and document repairs in weekly
inspection reports.
(7) Conduct construction site inspections at least once per week and within 24 hours after a
precipitation event of 0.5 inches or greater within a 24 hour period. Repair or replace
erosion and sediment control BMPs as necessary within 24 hours of an inspection or
notification that repair or replacement is needed. Maintain, at the construction site, weekly
written reports of all inspections. Weekly inspection reports shall include all of the
following: date, time and location of the construction site inspection; the name of
individual who performed the inspection; an assessment of the condition of erosion and
sediment controls; a description of any erosion/sediment control BMP implementation, and
maintenance performed; and a description of the present phase of land disturbing
construction activity at the construction site.
(8) Allow the administering authority 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.
(9) Keep a copy of the erosion and sediment control plan, storm water management plan,
amendments, weekly inspection reports, and permit, at the construction site until permit
coverage is terminated. Copies of all documents shall be provided to the administering
authority upon request.
(10) Authorize the administering authority to perform any work or operations necessary to
bring erosion and sediment control measures into conformance with the approved erosion
and sediment control plan, and consents to a special assessment or charge against the
property as authorized under Stat. 66.0627.
(11) Violations of any permit condition shall be a violation of this Chapter and subject to the
enforcement actions and penalties detailed in Article VI.
(12) Post the “Certificate of Permit Coverage” in a conspicuous location at the construction site.
(D) Permit Conditions. Permits issued under this section may include conditions established by
administering authority in addition to the requirements set forth in subsection (E), where needed to
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assure compliance with the performance standards in Section 14 - 12.
(E) 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 administering authority may extend the period one or more times for up to
an additional 180 days. The administering authority may require additional BMPs as a condition of
the extension if they are necessary to meet the requirements of this article.
(F) Maintenance. The responsible party throughout the duration of the construction activities shall
maintain all BMPs necessary to meet the requirements of this article until the site has undergone
final stabilization.
(G) Alternate Requirements. The administering authority may prescribe requirements less stringent for
applicants seeking a permit for a construction site with less than 1 acre of disturbance.
SECTION 14-14 EROSION AND SEDIMENT CONTROL PLAN AND AMENDMENTS
(A) Plan Requirements. The erosion and sediment control plan required under Section 14-12 (B) shall
comply with the City of Oshkosh Storm Water Reference Guide and contain at a minimum the
following information:
(1) Name, address, and telephone number of the responsible party.
(2) A legal description of the property proposed to be developed.
(3) A site map with property lines, disturbed limits, and drainage patterns.
(4) Total area of the site and total area of the construction site that is expected to be disturbed
by construction activities.
(5) Performance standards applicable to site.
(6) Proposed best management practices.
(7) Erosion control plan narrative and anticipated construction schedule.
(B) Amendments. The applicant shall amend the plan if any of the following occur:
(1) There is a change in design, construction, operation or maintenance at the site which has not
otherwise been addressed in the plan and has the reasonable potential for the discharge of
pollutants to waters of the state, any drainageway or the separate storm sewer system.
(2) The actions required by the plan fail to adequately reduce the impacts of pollutants carried
by construction site runoff.
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(3) The administering authority notifies the applicant of changes needed in the plan.
(C) Alternate Requirements. The administering authority may prescribe requirements less stringent for
applicants seeking a permit for a construction site with less than 1 acre of disturbance.
SECTION 14-15 FEE SCHEDULE
The fees referred to in other sections of this article shall be established by the governing body and may
from time to time be modified by resolution. A schedule of the fees established by the governing body
shall be available for review in the administering authority office, Room 301 City Hall, 215 Church Avenue,
Oshkosh, WI.
SECTION 14-16 INSPECTION
Whenever land disturbing construction activities are being carried out, the administering authority may
enter the land for purposes of carrying out the requirements of this article. If the administering authority is
refused access, they may pursue a special inspection warrant pursuant to the provisions of ss. 66.0119 Wis.
Stats.
ARTICLE IV: POST-CONSTRUCTION STORM WATER MANAGEMENT
SECTION 14-17 FINDINGS OF FACT
(A) The Common Council finds that uncontrolled, post-construction runoff has a significant impact
upon water resources and the health, safety and general welfare of the community and diminishes
the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction
runoff can:
(1) Degrade physical stream habitat by increasing stream bank erosion, increasing streambed
scour, diminishing groundwater recharge, diminishing stream base flows and increasing
stream temperature.
(2) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and
water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients,
heavy metals, bacteria, pathogens and other urban pollutants.
(3) Alter wetland communities by changing wetland hydrology and by increasing pollutant
loads.
(4) Reduce the quality of groundwater.
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(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.
SECTION 14-18 PURPOSE AND INTENT
(A) Purpose. The general purpose of this article 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:
(1) Further the maintenance of safe and healthful conditions.
(2) Prevent and control the adverse effects of storm water; prevent and control soil erosion;
prevent and control water pollution; protect spawning grounds, fish and aquatic life;
control building sites, placement of structures and land uses; preserve ground cover and
scenic beauty; and promote sound economic growth.
(3) Control exceeding 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.
(B) Intent. It is the intent of the Common Council that this article regulates post-construction storm
water discharges to the City of Oshkosh MS4 and waters of the state.
SECTION 14-19 APPLICABILITY AND JURISDICTION
(A) Applicability.
(1) Where not otherwise limited by law, this article applies to all post-construction sites, unless
the site is otherwise exempt under subsection (A)(2).
(a) For sites with less than 20,000 square feet of impervious surface and that disturb less
than one acre of land the numeric performance standards of Section 14-21(D)(1), (2) and
(3) do not apply.
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(2) A post-construction site that meets any of the criteria in this paragraph is exempt from the
requirements of this article.
(a) 1 and 2-family residential dwellings that are not part of a larger common plan of
development or sale and that result in less than 1 acre of disturbance.
(b) Non-point discharges from agricultural activity areas.
(c) Non-point discharges from silvicultural activities
(d) Mill and crush operations.
(3) Notwithstanding the applicability requirements in subsection (A)(1), this article applies to
post-construction sites of any size that, in the opinion of the administering authority, 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.
(B) Jurisdiction.
(1) This article applies to post construction sites within the boundaries and jurisdiction of the
City of Oshkosh, including those lands identified under any current or future boundary
agreements and lands that are included as part of a delayed attachment.
(C) Exclusions.
(1) This article 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.
SECTION 14-20 TECHNICAL STANDARDS
(A) The following methods shall be used in designing and maintaining the water quality, peak
discharge, infiltration, protective area, and fueling / vehicle maintenance components of storm
water practices needed to meet the performance standards of this article:
(1) Technical standards identified, developed or disseminated by the Wisconsin Department of
Natural Resources under subchapter V of Chapter NR 151, Wis. Adm. Code.
(2) Technical standards and guidance identified within the City of Oshkosh Storm Water Reference
Guide.
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(3) Where technical standards have not been identified or developed by the Wisconsin
Department of Natural Resources, other technical standards may be used provided that the
methods have been approved by the administering authority.
SECTION 14-21 PERFORMANCE STANDARDS
(A) Responsible Party. The responsible party shall comply with all aspects of the approved storm
water management plan.
(B) Plan. A written storm water management plan in accordance with Section 14-23 shall be developed
and implemented for each post-construction site.
(C) Maintenance of Effort. For redevelopment sites where the redevelopment will be replacing older
development that was subject to any previous post-construction performance standards, the
responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and
protective areas standards applicable to the older development or meet the redevelopment
standards of this article whichever are more stringent.
(D) Requirements. The storm water management plan shall meet the following minimum
requirements:
(1) Total Suspended Solids (TSS). BMPs shall be designed, installed and maintained to
control total suspended solids carried in runoff from the post-construction site. BMPs shall
be designed in accordance with Table 1, or to the maximum extent practicable as provided
in subsection (D)(1)(b). The design shall be based on an average annual rainfall, as
compared to no runoff management controls.
Table 1. TSS Reduction Standards
Development Type TSS Reduction
New Development 80 percent
In-fill 80 percent
Redevelopment 40 percent of load from parking areas and
roads
(a) Calculation of Annual TSS Pollutant Loads. The calculation shall be conducted using
the model WinSLAMM, P8, or an equivalent methodology approved by the
administering authority using references listed under Section 14-20.
(b) Maximum Extent Practicable. If the design cannot meet a total suspended solids
reduction performance standard of paragraph (1), Table 1, the storm water management
plan shall include a written, site-specific explanation of why the total suspended solids
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reduction performance standard cannot be met and why the total suspended solids load
will be reduced only to the maximum extent practicable. All claims of “maximum
extent practicable” require concurrence from the administering authority.
(c) Redevelopment. Except as provided in subsection (C), the redevelopment total
suspended solids reductions standard shown in Table 1, applies to redevelopment.
(d) Off-Site Drainage. When designing BMPs, runoff draining to a BMP from off-site shall
be taken into account in determining the treatment efficiency of the practice. Any impact
on the efficiency shall be compensated for by increasing the size of the BMP
accordingly.
(2) Peak Discharge - BMPs shall be designed, installed and maintained to control peak
discharges from the post-construction site. BMPs shall be designed and installed in
accordance with Table 2. The design shall be based on the design storms in Table 2, as
compared to the site under pre-development hydrologic conditions. Maximum pre-
development curve numbers are shown in Table 3.
Table 2. Peak Flow Reduction Standards
Development
Type Peak Flow Reduction
New
Development
The peak post-development discharge rate shall not exceed the peak pre-
development discharge rate for the 1-year, 2-year, and 10-year, 24-hour design
storms. In addition the post-development peak discharge rate for the 100-year 24-
hour design storm shall not exceed the pre-development peak discharge rate from
the 10-year, 24-hour design storm.
In-fill > 5 acres The peak post-development discharge rate shall not exceed the peak pre-
development discharge rate for the 1-year, 2-year, and 10-year, 24-hour design
storms. In addition the post-development peak discharge rate for the 100-year 24-
hour design storm shall not exceed the pre-development peak discharge rate from
the 10-year, 24-hour design storm.
In-fill < 5 acres The post-development peak discharge rate for the 10-year 24-hour design storm and
the100-year 24-hour design storm shall not exceed the pre-development peak
discharge rate from the 10-year, 24-hour design storm.
Redevelopment No peak flow control requirements, except as noted under subsection (C)
(a) TR-55 methodology shall be used for peak discharge calculations, unless the
administering authority approves an equivalent methodology. The meaning of
“hydrologic soil group” and “runoff curve number” are as determined in TR-55.
Predevelopment curve numbers shall be based on actual site conditions. Table 3
represents the maximum allowed curve number for each groundcover classification.
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Table 3. Maximum Pre-Development
Runoff Curve Numbers
Runoff Curve
Number
Hydrologic Soil Group
A B C D
Woodland 30 55 70 77
Grassland 39 61 71 78
Cropland 55 69 78 83
(b) An adequate outfall shall be provided for each point of concentrated discharge from
the post-construction site and shall:
(i) Consist of non-erosive discharge velocities and reasonable downstream
conveyance.
(ii) Discharge to the City of Oshkosh MS4, waters of the state, or appropriate
drainage easement.
(iii) Contain a means to keep floatable debris within the storm water BMP or BMPs.
(c) Runoff in excess of the 100-year 24-hour design storm must be safely passed
downstream from the proposed development site to a public right-of-way, drainage
easement, or waters of the state.
(d) Exemption. This section does not apply to the following:
(i) Riparian Properties: Peak flow control requirements of this section, are not
required of properties where the runoff discharges directly to Lake Butte de
Morts, the Fox River, or Lake Winnebago without passing through any other
privately or publicly owned storm water conveyance system structure.
(ii) Redevelopment as noted in Table 2.
(3) Runoff Volume (Infiltration) - BMPs shall be designed, installed, and maintained to
infiltrate runoff in accordance with the following, or to the maximum extent practicable.
(a) Infiltration Performance Standards as described in Table 4 shall be met or to the
maximum extent practicable as provided in subsection (D)(3)(h). Refer to the City of
Oshkosh Storm Water Reference Guide for examples of land conditions meeting the
connected imperviousness categories.
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Table 4: Infiltration Performance Standards
Level of Connected
Imperviousness
Infiltration Performance
Standard
Maximum % of the Post-
Construction Site
Required as Effective
Infiltration area
Low Imperviousness (up
to 40% connected
imperviousness )
90% of the pre-
development infiltration
volume
1%
Moderate Imperviousness
(more than 40% and up to
80% connected
imperviousness )
75% of the pre-
development infiltration
volume 2%
High Imperviousness
(more than 80%
connected
imperviousness )
60% of the pre-
development infiltration
volume 2%
(b) Calculation of Annual Runoff Volumes. The calculation for pre-development and
post-development conditions shall use the model WinSLAMM, P8, or an equivalent
methodology approved by the administering authority using references listed under
Section 14-20.
(c) Pre-Development Conditions Runoff Curve Numbers for the infiltration calculation
shall be based on actual site conditions. Table 3 represents the maximum allowed
Runoff Curve Number for each groundcover classification.
(d) Before infiltrating runoff, pretreatment shall be required for parking lot runoff and
for runoff from new road construction in commercial, industrial and institutional
areas that will enter an infiltration system. The pretreatment shall be designed to
protect the infiltration system from clogging prior to scheduled maintenance and to
protect groundwater quality. Pretreatment options may include, but are not limited
to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter
strips.
(e) Source Area Prohibitions. Infiltration of runoff from the following source areas are
prohibited and do not qualify as contributing to meeting the infiltration
requirements of this paragraph:
(i) Areas associated with tier 1 industrial facilities identified in s. NR 216.21(2)(a),
Wis. Adm. Code, including storage, loading, and parking. Runoff from rooftops
may be infiltrated with the concurrence of the administering authority.
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(ii) Storage and loading areas of tier 2 industrial facilities identified in s. NR
216.21(2)(b), Wis. Adm. Code. Runoff from tier 2 parking and rooftop areas may
be infiltrated but may require pretreatment.
(iii) Fueling and vehicle maintenance areas. Runoff from fueling and vehicle
maintenance area rooftops may be infiltrated with the concurrence of the
administering authority.
(f) Location Prohibitions. Infiltration practices may not be located in the following
areas.
(i) Areas within 1000 feet upgradient or within 100 feet downgradient of karst
features.
(ii) Areas within 400 feet of a community water system well as specified in s. NR
811.16(4), Wis. Adm. Code, or within the separation distances listed in NR
812.08 for any private well as specified in s. NR 812.08(4), Wis. Adm. Code, for
runoff infiltrated from commercial, (including multi-family residential),
industrial and institutional land uses or regional devices for one- and two-
family residential development.
(iii) Areas where contaminants of concern, as defined in s. NR 720.03(2), Wis. Adm.
Code are present in the soil through which infiltration will occur.
(g) Separation distances. Infiltration practices shall be located so that the characteristics
of the soil and the separation distance between the bottom of the infiltration system
and the elevation of seasonal high groundwater or the top of bedrock are in
accordance with Table 5. Notwithstanding the requirements of this paragraph,
applicable requirements for injection wells classified under ch. NR 815 shall be
followed.
Table 5. Separation Distances and Soil Characteristics
Source Area Separation
Distance Soil Characteristics
Parking Lots and Roads
within Industrial,
Commercial, and
Institutional land uses
5 feet or
more
Filtering Layer
Arterial Roads within
Residential land uses
5 feet or
more
Filtering Layer
Roofs Draining to
Subsurface Infiltration
Practices
1 foot or
more
Native or Engineered
Soil with Particles
Finer than Coarse
Sand
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Roofs Draining to Surface
Infiltration Practices
Not
Applicable
All Other Impervious
Source Areas
3 feet or
more
Filtering Layer
(h) Maximum Extent Practicable. If the design cannot meet the infiltration performance
standard of subparagraph (a), Table 4, the Storm Water Management Plan shall
include a written, site-specific explanation of why the infiltration performance
standard cannot be met and why the infiltration volume will be reduced only to the
maximum extent practicable. All claims of “maximum extent practicable” require
concurrence from the administering authority.
(i) Exemptions. Runoff from the following areas may be credited toward meeting the
requirement when infiltrated, but the decision to infiltrate runoff from these source
areas, or under these conditions, is optional:
(i) Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured
at the site by the double ring infiltrometer method at the depth of potential
infiltration or another method acceptable by the administering authority.
(ii) Where the least permeable soil horizon to 5 feet below the proposed bottom of
the infiltration system using the U.S. Department of Agriculture method of soils
analysis is one of the following: sandy clay loam, clay loam, silty clay loam,
sandy clay, silty clay, or clay.
(j) Where alternate uses of runoff are employed, such as for toilet flushing, laundry,
irrigation, or storage on green roofs where an equivalent portion of the runoff is
captured permanently by rooftop vegetation, such alternate use shall be given equal
credit toward the infiltration volume required by this section.
(k) Groundwater standards
(i) Infiltration systems designed in accordance with this section shall, minimize the
level of pollutants infiltrating to groundwater and shall maintain compliance
with the preventive action limit at a point of standards application in accordance
with ch. NR 140. However, if site specific information indicates that compliance
with a preventive action limit is not achievable, the infiltration BMP may not be
installed or shall be modified to prevent infiltration to the maximum extent
practicable.
(ii) Notwithstanding subsection (D)(3)(k)(i), the discharge from BMPs shall remain
below the enforcement standard at the point of standards application.
(4) Protective Area means an area of land that commences at the top of the channel of lakes,
streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the
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following widths, as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this paragraph,
protective area does not include any area of land adjacent to any stream enclosed within a
pipe or culvert, such that runoff cannot enter the enclosure at this location.
(a) Protective area linear distances shall be:
(i) 75 feet for outstanding resource waters and exceptional resource waters, and for
wetlands in areas of special natural resource interest as specified in s. NR 103.04.
(ii) 50 feet for perennial and intermittent streams identified on a United States
geological survey 7.5-minute series topographic map, or a county soil survey
map, whichever is more current.
(iii) 50 feet for lakes.
(iv) 50 feet for wetlands not subject to subsections (D)(4)(a)(v) and (vi)
(v) 75 feet for highly susceptible wetlands, highly susceptible wetlands include the
following types: fens, sedge meadows, bogs, low prairies, conifer swamps,
shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes,
deep marshes and seasonally flooded basins.
(vi) 10 percent of the average wetland width, but no less than 10 feet nor more than
30 feet for less susceptible wetlands. Less susceptible wetlands include
degraded wetlands dominated by invasive species such as reed canary grass.
(vii) 10 feet for concentrated flow channels with drainage areas greater than 130
acres.
(b) For subsections (D)(4)(a)(iv), (v), and (vi), determinations of the extent of the
protective area adjacent to wetlands shall be made on the basis of the sensitivity and
runoff susceptibility of the wetland in accordance with the standards and criteria in
s. NR 103.03.
(c) Wetland boundary delineations shall be made in accordance with s. NR 103.08(1m).
The protective area requirements do not apply to wetlands that have been
completely filled in accordance with all applicable state and federal regulations.
The protective area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from the wetland
boundary delineation after fill has been placed. Where there is a legally authorized
wetland fill, the protective area standard need not be met in that location.
(d) Notwithstanding subsections (D)(4)(a)(i) to (vii), the greatest protective area width
shall apply where rivers, streams, lakes, and wetlands are contiguous.
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(e) Applicability. The protective area requirements apply to post-construction sites
located within a protective area, except those areas exempted pursuant to subsection
(D)(4)(h).
(f) Requirements. The following requirements shall be met:
(i) Impervious surfaces shall be kept out of the protective area to the maximum
extent practicable. The storm water management plan shall contain a written
site-specific explanation for any parts of the protective area that are disturbed
during construction. All claims of “maximum extent practicable” require
concurrence from the administering authority.
(ii) Where land disturbing construction activity occurs within a protective area, and
where no impervious surface is present, adequate sod or self-sustaining
vegetative cover of 70% or greater shall be established and maintained. The
adequate sod or self-sustaining vegetative cover shall be sufficient to provide for
bank stability, maintenance of fish habitat and filtering of pollutants from
upslope overland flow areas under sheet flow conditions. Non-vegetative
materials, such as rock riprap, may be employed on the bank as necessary to
prevent erosion, such as on steep slopes or where high velocity flows occur.
(iii) Best management practices such as filter strips, swales, or wet detention basins,
which are designed to control pollutants from non-point sources, may be located
in the protective area.
(g) A protective area established or created after the effective date of this article shall
not be eliminated or reduced, except as allowed in subsection (D)(4)(h).(i), (ii), or
(iii) below.
(h) Exemptions. Protective area requirements do not apply to:
(i) Redevelopment and routine maintenance areas provided the minimum
requirements within in subsection (C) are satisfied.
(ii) In-fill development areas less than 5 acres.
(iii) Structures that cross or access surface waters such as boat landings, bridges and
culverts.
(iv) Structures constructed in accordance with s. 59.692(1v), Wis. Stats.
(v) Post-construction sites from which runoff does not enter the surface water,
including wetlands, except to the extent that vegetative ground cover is
necessary to maintain bank stability.
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(5) Fueling and Vehicle Maintenance Areas - Fueling and vehicle maintenance areas shall, to
the maximum extent practicable, have BMPs designed, installed and maintained to reduce
petroleum within runoff, such that the runoff that enters waters of the state contains, to the
maximum extent practicable, no visible petroleum sheen.
(a) This applies to:
(i) New fueling and vehicle maintenance areas approved after the effective date of
this chapter.
(ii) Any modifications to existing fueling and vehicle maintenance areas. BMPs
installed as part of a site modification shall be designed and operated to treat all
storm water leaving the site so that the storm water contains, to the maximum
extent practicable, no visible petroleum sheen.
(6) Swale Treatment for Transportation Facilities – This paragraph is not applicable to
transportation facilities that are part of a larger common plan of development or sale.
(a) Applicability. Except as provided in subsection (D)(6)(b), transportation facilities
that use swales for runoff conveyance and pollutant removal meet all of the
requirements of this section, if the swales are designed to the maximum extent
practicable to do all of the following:
(i) Be vegetated. However, where appropriate, non-vegetative measures may be
employed to prevent erosion or provide for runoff treatment, such as rock
riprap stabilization or check dams.
(ii) Carry runoff through a swale for 200 feet or more in length that is designed with
a flow velocity no greater than 1.5 feet per second for the peak flow generated
using either a 2-year, 24-hour design storm or a 2-year storm with a duration
equal to the time of concentration as appropriate. If a swale of 200 feet in length
cannot be designed with a flow velocity of 1.5 feet per second or less, then the
flow velocity shall be reduced to the maximum extent practicable. Check dams
may be included in the swale design to slow runoff flows and improve pollutant
removal
(b) Exemptions. The administering authority may, consistent with water quality
standards, require other provisions of this section be met on a transportation facility
with an average daily travel of vehicles greater than 2500 and where the initial
surface water of the state that the runoff directly enters is any of the following:
(i) An outstanding resource water.
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(ii) An exceptional resource water.
(iii) Waters listed in s. 303(d) of the federal clean water act that are identified as
impaired in whole or in part, due to nonpoint source impacts.
(iv) Waters where targeted performance standards are developed under s. NR
151.004, Wis. Adm. Code, to meet water quality standards.
(E) General Considerations for On-Site and Off-Site Storm Water Management Measures.
(1) The following considerations shall be observed in managing runoff:
(a) Natural topography and land cover features such as natural swales, natural
depressions, native soil infiltrating capacity, and natural groundwater recharge
areas shall be preserved and used, to the extent possible, to meet the requirements
of this section.
(b) Emergency overland flow for all storm water facilities shall be provided to prevent
exceeding the safe capacity of downstream drainage facilities and prevent
endangerment of downstream property or public safety.
(F) Location and Regional Treatment Option.
(1) The BMPs may be located on-site or off-site as part of a regional storm water device,
practice or system.
(2) Post-construction runoff within a non-navigable surface water that flows into a BMP, such
as a wet detention pond, is not required to meet the performance standards of this article.
Post-construction BMPs may be located in non-navigable surface waters.
(3) Except as allowed under subsection (F)(4), post-construction runoff from new development
shall meet the post-construction performance standards prior to entering waters of the state.
(4) Post-construction runoff from any development within a navigable surface water that flows
into a BMP is not required to meet the performance standards of this article if:
(a) The BMP was constructed prior to the effective date of this article and the BMP
either received a permit issued under ch. 30, Stats., or the BMP did not require a ch.
30, Wis. Stats., permit; and
(b) The BMP is designed to provide runoff treatment from future upland development.
(5) Runoff from existing development, redevelopment and in-fill areas shall meet the post-
construction performance standards in accordance with this paragraph.
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(a) To the maximum extent practicable, BMPs shall be located to treat runoff prior to
discharge to navigable surface waters.
(b) Post-construction BMPs for such runoff may be located in a navigable surface water
if allowable under all other applicable federal, state and local regulations such as ch.
NR 103, Wis. Adm. Code and ch. 30, Wis. Stats.
(6) The administering authority may approve off-site management measures provided that all
of the following conditions are met:
(a) The administrating authority determines that the post-construction runoff is
covered by a storm water management system plan that is approved by the
administering authority and that contains management requirements consistent
with the purpose and intent of this article.
(b) The off-site facility meets all of the following conditions:
(i) The facility is in place.
(ii) The facility is designed and adequately sized to provide a level of storm water
control equal to or greater than that which would be afforded by on-site
practices meeting the performance standards of this article.
(iii) The facility has a legally obligated entity responsible for its long-term operation
and maintenance.
(7) Where a regional treatment option exists such that the administering authority exempts the
applicant from all or part of the minimum on-site storm water management requirements,
the applicant may be required to pay a fee in an amount determined in negotiation with the
administering authority. In determining the fee for post-construction runoff, the
administering authority shall consider an equitable distribution of the cost for land,
engineering design, construction, and maintenance of the regional treatment option.
(G) Exemptions - The following areas are not required to meet the post-construction performance
standards:
(1) Agricultural production areas with less than 100,000 square feet of impervious surface
disturbance.
(2) Underground utility construction such as water, sewer, gas, electric, telephone, cable
television, and fiber optic lines. This exemption does not apply to the construction of any
above ground structures associated with utility construction.
(3) The following transportation facilities are exempt, provided the transportation facility is not
part of a larger common plan of development or sale.
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(a) Highway reconditioning or resurfacing.
(b) Minor reconstruction of a highway. Notwithstanding this exemption, the protective
area requirements of subsection (D)(4) apply to minor reconstruction of a highway.
(c) A transportation facility post-construction site with less than 10 percent connected
imperviousness, based on the area of land disturbance, provided the cumulative
area of all impervious surfaces is less than one acre. However, the exemption of this
paragraph does not include exemption from the protective area standard subsection
(D)(4).
(d) Routine maintenance if performed for storm water conveyance system cleaning.
SECTION 14-22 PERMITTING REQUIREMENTS, PROCEDURES AND FEES
(A) Permit Required.
(1) The responsible party may not undertake land disturbing construction prior to receiving a
post-construction runoff permit from the administering authority.
(B) Permit Application and Fees.
(1) Unless specifically excluded by this article, the responsible party shall submit a permit
application to the administering authority.
(2) Unless otherwise allowed, a permit application must be accompanied by a storm water
management plan, site plans, maintenance plan, a maintenance agreement and a non-
refundable permit administration fee.
(3) The storm water management plan shall be prepared to meet the requirements of Section
14-21 and Section 14-23. The maintenance agreement shall be prepared to meet the
requirements of Section 14-24, the financial guarantee shall meet the requirements of Section
14-25 and fees shall be those established by the Common Council as set forth in Section 14-
26.
(C) Review and Approval of Permit Application. The administering authority shall review any permit
application that is submitted with a storm water management plan, site plans, maintenance plan,
maintenance agreement, and the required fee. The following approval procedure shall be used:
(1) Within 15 business days of the receipt of a complete permit application, including all items
as required by subsection (B), the administering authority shall inform the applicant
whether the application, plans and maintenance agreement are approved, disapproved, or
if more information is required, based on the requirements of this article.
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(2) If the storm water permit application, plans, maintenance plan and maintenance agreement
are approved, or if an agreed upon payment of fees in lieu of storm water management
practices is made, the administering authority shall issue the permit.
(3) If the storm water permit application, plans, maintenance plan or maintenance agreement is
disapproved, the administering authority shall detail in writing the reasons for disapproval.
(4) The administering authority may request additional information from the applicant. If
additional information is submitted, the administering authority shall have 15 business
days from the date the additional information is received to inform the applicant that the
storm water permit application, plans, maintenance plan, and maintenance agreement are
either approved, disapproved, or if more information is required.
(5) Failure by the administering authority to inform the permit applicant of a decision within 15
business days of a required submittal shall be deemed to mean approval of the submittal
and the applicant may proceed as if a permit had been issued, unless the administering
authority notifies the applicant that more time is required.
(D) Permit Requirements.
(1) All permits issued under this article shall be subject to the conditions listed in this
subsection, and holders of permits issued under this article shall be deemed to have
accepted these conditions. The administering authority may suspend or revoke a permit for
violation of a permit condition, following written notification of the responsible party. An
action by the administering authority to suspend or revoke this permit may be appealed in
accordance with Section 14-38. 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.
(2) The responsible party shall install all structural and non-structural storm water
management measures in accordance with the approved storm water management plan and
permit.
(3) The responsible party shall notify the administering authority at least 2 business days
before commencing any work in conjunction with the storm water management plan, and
within 5 business days upon completion of the storm water management practices. If
required as a special condition under subsection (E), the responsible party shall make
additional notification according to a schedule set forth by the administering authority so
that BMP installations can be inspected during construction.
(4) BMP installations required as part of this article shall be certified "as built" by a licensed
professional engineer. The as built certification shall confirm that the BMP’s were
constructed in accordance with the approved Storm Water Management Plan. If the as built
certification shows that the BMP’s were not constructed in accordance with the approved
Storm Water Management Plan, the licensed professional engineer shall update the Storm
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Water Management Plan in accordance with the as built information and submit the
updated plan for approval of the administering authority. Completed storm water
management BMP’s must pass a final inspection by the administering authority to
determine if they are in accordance with the approved storm water management plan and
this article. The administering authority shall notify the responsible party in writing of any
changes required in such BMP’s to bring them into compliance with the conditions of the
permit.
(5) The responsible party shall submit all modifications to an approved Storm Water
Management Plan to the administering authority for approval.
(6) The responsible party shall maintain all storm water management practices in accordance
with the storm water management plan until the practices either become the responsibility
of the City of Oshkosh, or are transferred to subsequent private owner(s) as specified in the
approved maintenance agreement.
(7) The responsible party authorizes the administering authority to perform any work or
operations necessary to bring storm water management BMP’s into conformance with the
approved storm water management plan, and consents to a special assessment or charge
against the property as authorized under Stat. 66.0627, or to charging such costs against the
financial guarantee posted under (Section 14-25).
(8) If so directed by the administering authority, the responsible party shall repair at the
responsible party's own expense all damage to adjoining municipal facilities and drainage
ways caused by runoff, where such damage is caused by activities that are not in
compliance with the approved storm water management plan. The amount of time allowed
for the required repairs to be completed will be stated in the notice from the administering
authority.
(9) The owner shall permit the administering authority access to the property for the purpose
of inspecting the property for compliance with the approved storm water management plan
and the permit.
(10) Where site development or redevelopment involves changes in direction, increases in peak
rate, and/or total volume of runoff from a site, the administering authority may require the
responsible party to make appropriate legal arrangements with affected property owners
concerning the prevention of endangerment to property or public safety. This may include,
but is not limited to, obtaining appropriate drainage or storm water easements.
(11) Violations of any permit condition shall be a violation of this Chapter and subject to the
enforcement actions and penalties detailed in Article VI.
(12) The permit applicant shall post the “Certificate of Permit Coverage” in a conspicuous
location at the construction site.
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(E) Permit Conditions. Permits issued may include conditions established by administering authority
in addition to the requirements needed to meet the performance standards in Section 14-21 or a
financial guarantee as provided for in Section 14-25.
(F) Permit Duration. Permits shall be valid from the date of issuance through the date the
administering authority notifies the responsible party that all storm water management practices
have passed the final inspection required under subsection (D)(4).
SECTION 14-23 STORM WATER MANAGEMENT PLAN
(A) Plan Requirements. The storm water management plan shall comply with the City of Oshkosh
Storm Water Reference Guide, City of Oshkosh Site Plan Review Application and Checklist, and
contain at a minimum the following information:
(1) Name, address, and telephone number of the responsible party.
(2) A legal description of the property proposed to be developed.
(3) Pre-development site map with property lines, limits of disturbance, and drainage patterns.
(4) Post-development site map with property lines, limits of disturbance, and drainage
patterns.
(5) Total area of disturbed impervious surfaces within the site.
(6) Total area of new impervious surfaces within the site.
(7) Performance standards applicable to site.
(8) Proposed best management practices.
(9) Groundwater, bedrock, and soil limitations.
(10) Separation distances. Storm water management practices shall be adequately separated
from wells to prevent contamination of drinking water.
(11) Seal and signature of the State of Wisconsin Registered Professional Engineer that prepared
the plans.
SECTION 14-24 MAINTENANCE AGREEMENT
(A) Maintenance Agreement Required. The maintenance agreement for storm water management
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practices shall be an agreement between the administering authority and the owner to provide for
maintenance of storm water practices beyond the duration period of the 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 storm water management
practices.
(B) Agreement Provisions. The maintenance agreement shall contain the following information and
provisions and be consistent with the maintenance plan developed as a part of the Storm Water
Management Plan.
(1) Identification of the storm water BMP’s and designation of the drainage area served by the
BMP’s.
(2) A schedule for regular maintenance of each aspect of the storm water management system
consistent with the storm water management plan.
(3) Identification of the responsible party responsible for long term maintenance of the storm
water management BMP’s identified in the storm water management plan.
(4) Requirement that the responsible party shall maintain storm water management BMP’s in
accordance with the schedule included in subsection (B)(2).
(5) Authorization for the administering authority 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.
(6) A requirement for the administering authority 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
storm water management practice into proper working condition.
(7) Agreement that the party designated as responsible for long term maintenance of the storm
water management practices, shall be notified by the administering authority of
maintenance problems which require correction. The specified corrective actions shall be
undertaken within a reasonable time frame as set by the administering authority.
(8) Authorization of the administering authority to perform the corrective actions identified in
the inspection report if the responsible party does not make the required corrections in the
specified time period. The administering authority shall perform the corrective actions
identified in the inspection report and charge the responsible party for the cost of such work
by way of a special charge pursuant to Wis. Stats. §66.0627.
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SECTION 14-25 FINANCIAL GUARANTEE
(A) Establishment of the Guarantee. The administering authority may require the submittal of a
financial guarantee, the form and type of which shall be acceptable to the administering authority.
The financial guarantee shall be in an amount determined by the administering authority to be the
estimated cost of construction and the estimated cost of maintenance of the storm water
management BMP’s during the period which the responsible party in the maintenance agreement
has maintenance responsibility. The financial guarantee shall give the administering authority the
authorization to use the funds to complete the storm water management practices if the responsible
party defaults or does not properly implement the approved storm water management plan, upon
written notice to the responsible party by the administering authority that the requirements of this
article have not been met.
(B) Conditions for Release. Conditions for the release of the financial guarantee are as follows:
(1) The administering authority shall release the portion of the financial guarantee established
under this section, less any costs incurred by the administering authority to complete
installation of BMP’s, upon submission of "as built plans" by a licensed professional
engineer and approval of the administering authority. The administering authority may
make provisions for a partial release of the financial guarantee based on the completion of
various stages of storm water management BMP’s.
(2) The administering authority shall release the portion of the financial guarantee established
under this section to assure maintenance of storm water BMP’s, less any costs incurred by
the administering authority, at such time that the responsibility for practice maintenance is
passed on to another entity via an approved maintenance agreement.
SECTION 14-26 FEE SCHEDULE
The fees referred to in other sections of this chapter shall be established by the governing body and may from
time to time be modified by resolution. A schedule of the fees established by the governing body shall be
available for review in the administering authority office, Room 301 City Hall, 215 Church Avenue, Oshkosh,
WI.
ARTICLE IV: ALTERNATE REQUIREMENTS
SECTION 14-27 ALTERNATE REQUIREMENTS
(A) State Targeted Performance Standards. The administering authority may establish erosion and
sediment control requirements and post-construction requirements more stringent than those set
forth in this chapter to meet Targeted Performance Standards established by the DNR or other
regulatory agency to attain water quality standards or groundwater quality standards.
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(B) The administering authority may establish requirements more stringent than those set forth in this
chapter if the administering authority determines that additional storm water management or
water quality protection is needed.
(C) The administering authority may establish requirements less stringent than those set forth in this
chapter if the administering authority determines that less protection is needed to protect sensitive
resources and still provide reasonable flood protection. However, the alternative requirements
shall not be less stringent than those requirements promulgated in rules by DNR.
ARTICLE V: ILLICIT DISCHARGE AND CONNECTION TO THE CITY STORM SEWER
SYSTEM
SECTION 14-28 PURPOSE / INTENT
(A) The purpose of this article is to provide for the health, safety, and general welfare of the citizens of
the City of Oshkosh through the regulation of non-storm water discharges to the MS4, as required
by federal and state law, to the maximum extent practicable. This article establishes methods for
controlling the introduction of pollutants into the MS4 in order to comply with requirements of the
Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this
article are:
(1) To regulate the contribution of pollutants to the MS4 by non-storm water discharges by any
person.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this article.
(B) The standards set forth in this article are minimum standards. The minimum standards do not
imply that compliance by any person will ensure that there will be no contamination, pollution, or
unauthorized discharge of pollutants.
SECTION 14-29 APPLICABILITY
This article shall apply to all water entering the MS4 generated on any lands within the City of
Oshkosh unless explicitly exempted by the administering authority.
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SECTION 14-30 DISCHARGE PROHIBITIONS
(A) Prohibition of Illicit Discharges.
(1) No person shall throw, drain, or otherwise discharge, cause, or allow others under its
control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters
containing any pollutants, other than storm water.
(B) Allowed Discharges. The following types of discharges are exempt from the provisions of this
Article:
(1) Water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated pumped ground water, discharges from potable water sources, foundation
drains, air conditioning condensation, irrigation water, springs, water from crawl space
pumps, footing drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash
water.
(2) Discharges or flow from firefighting, and other discharges specified in writing by the
administering authority as being necessary to protect public health and safety.
(3) Discharges associated with dye testing, however this activity requires a verbal notification
to the administering authority and the DNR a minimum of one business day prior to the
time of the test.
(4) Any non-storm water discharge permitted under an WPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the DNR.
Any person subject to such an WPDES storm water discharge permit shall comply with all
provisions of such permit.
SECTION 14-31 PROHIBITION OF ILLICIT CONNECTIONS
(A) The construction, use, maintenance or continued existence of illicit connections to the MS4 is
prohibited.
(B) This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(C) A person is considered to be in violation of this article if the person connects a line conveying
wastewater to the MS4, or allows such a connection to continue.
(D) Illicit connections must be disconnected and redirected, if necessary, to an approved onsite
wastewater management system or the sanitary sewer system upon approval of the administering
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authority.
(E) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which
may be connected to the storm sewer system, shall be located by the owner of that property upon
receipt of written notice of violation from the administering authority requiring that such locating
be completed. Such notice will specify a reasonable time period within which the location of the
drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer,
sanitary sewer or other, and that the outfall location or point of connection to the storm sewer
system, sanitary sewer system or other discharge point be identified. Results of these investigations
are to be documented and provided to the administering authority.
SECTION 14-32 WATERCOURSE PROTECTION
Every person owning property through which a watercourse passes, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that
would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition,
the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that
such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
SECTION 14-33 COMPLIANCE MONITORING
(A) Right of Entry: Inspecting and Sampling.
(1) The administering authority shall be permitted to enter and inspect the premises subject to
regulation under this article as often as may be necessary to determine compliance.
(a) If a discharger has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the administering authority.
(b) Owner shall allow the administering authority ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of
records relative to this Chapter.
(c) The administering authority may set up on any premises such devices as are
necessary in the opinion of the administering authority to conduct monitoring
and/or sampling of the facility’s storm water discharge.
(d) The administering authority may require the discharger to install monitoring
equipment as necessary. The owner’s sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the owner at its
own expense. All devices used to measure storm water flow and quality shall be
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calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the premises to
be inspected and/or sampled shall be promptly removed by the owner at the written
or oral request of the administering authority and shall not be replaced. The costs of
clearing such access shall be borne by the owner.
(f) Unreasonable delays in allowing the administering authority access to a premises
are a violation of this Chapter. A person who is the owner of a premises is in
violation of this article if the person denies the administering authority reasonable
access to the premises for the purpose of conducting any activity authorized or
required by this article.
(g) Special Inspection Warrant. If the administering authority has been refused access to
any part of the premises from which storm water is discharged, and is able to
demonstrate probable cause that there may be a violation of this article, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this article or any order issued
hereunder, or to protect the overall public health, safety, and welfare of the
community, then the administering authority may seek issuance of a special
inspection warrant per state statute 66.0119.
SECTION 14-34 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES
The owner of any activity, operation, or premises which may cause or contribute to pollution or
contamination of storm water, the MS4, or waters of the state, shall provide, at their own expense,
reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or
watercourses through the use of structural and non-structural BMPs. Further, any person responsible for a
premise, that is, or may be, the source of an illicit discharge, may be required to implement, at said person’s
expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the
MS4. Compliance with all terms and conditions of a valid WPDES permit authorizing the discharge of
storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a Storm Water Management Plan (SWMP)/Storm
Water Pollution Prevention Plan (SWPPP) as necessary for compliance.
SECTION 14-35 NOTIFICATION OF SPILLS
Notwithstanding other requirements of law, as soon as any person responsible for a premises or operation,
or responsible for emergency response for a premises or operation has information of any known or
suspected release of materials which are resulting or may result in illicit discharges or pollutants
discharging into storm water, the MS4, or waters of the state, said person shall take all necessary steps to
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ensure the discovery, containment, and cleanup of such release.
In the event of such a release of hazardous materials said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of a release of non-hazardous materials, said person shall notify the administering authority in
person, by phone, by email, or facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the administering authority within 3
business days of the in person, or by phone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-
site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least 5 years.
For all spills said person shall immediately notify the WDNR spills hotline.
Failure to provide notification of a release as provided above is a violation of this article.
ARTICLE VI: ENFORCEMENT, PENALTIES, APPEALS, AND SEVERABILITY
SECTION 14-36 ENFORCEMENT
(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter.
(2) Any violation of the requirements of this Chapter may be deemed a public nuisance and
abated pursuant to the procession of Section 17-38 of this Municipal Code.
(3) Cost of Abatement of Violation
Within 60 days after abatement of the violation, the owner of the property will be notified of
the cost of abatement, including administrative costs. If the amount due is not paid by the
date determined by the administering authority, the charges shall be collected as a special
charge against the property pursuant to Wis. Stats. 66.0627.
(B) Revocation of Permit.
(1) If the administering authority shall find at any time that the code, laws, orders, plans and
specifications are not being complied with, they shall revoke the permit by written notice
posted at the site of the work. When any such permit is revoked, it shall be unlawful to do
any further work upon the site until the permit is reissued, excepting such work as the
administering authority shall order to be done as a condition precedent to the re-issuance of
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the permit.
(C) Penalties.
(1) Any person, firm, association, or corporation who does not comply with the provisions of
this chapter shall be subject to a forfeiture of not less than seventy five ($75.00) dollars or
more than five hundred ($500.00) dollars per offense, plus the costs of prosecution. Each
day that the violation exists shall constitute a separate offense.
SECTION 14-37 APPEALS
(A) Authority: Board of Public Works.
The Board of Public Works shall hear and decide appeals where it is alleged that there is error in
any order, decision or determination made by the administering authority in administering this
chapter. The board, upon appeal, may authorize variances from the provisions of this chapter
which are not contrary to the public interest and where owing to special conditions a literal
enforcement of the provisions of the chapter will result in unnecessary hardship. The board shall
use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals
and authorizing variances.
(B) Rates and Charges.
(1) The City of Oshkosh elects not to be subject to the administrative review provisions
contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a
complete and final review procedure: As a condition precedent to challenging any Storm
Water Utility charge, the charge must be timely paid in full under protest to the City. An
appeal shall be to the City Manager and can be undertaken only by filing a written appeal
with the City Clerk concurrent with the date of payment. The written appeal shall specify
all grounds for challenge to the amount of the charge and shall state the amount of charge
that the appellant considers to be appropriate. Failure to timely and properly appeal shall
deprive the city manager of jurisdiction to hear the appeal.
(a) In considering an appeal, the City Manager shall determine whether the Storm
Water Utility charge is fair and reasonable and, in the event the appeal is granted,
whether or not a refund is due the appellant and the amount of the refund. The City
Manager shall conduct a formal or informal hearing at such time and place as
designated in a hearing notice to the appellant, providing five (5) business days
notice to the appellant. The City Manager shall obtain sufficient facts upon which to
make a determination. The decision shall be based upon the evidence presented.
The City Manager shall notify the appellant in writing of the determination by first
class mail addressed to the individual and at the address listed within the appeal.
Service is conclusive upon mailing.
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(2) The decision of the City Manager is final except if the property owner appeals the decision
to the Common Council by filing a written appeal with the City Clerk no later than thirty
(30) calendar days after the date of mailing the decision of the City Manager. The written
appeal shall specify all grounds for challenge to the City Manager’s decision and shall state
the amount of charge that the appellant considers to be appropriate. Failure to timely and
properly appeal shall deprive the Council of jurisdiction to hear the appeal.
(a) In considering an appeal, the Council shall determine whether the Storm Water
Utility charge is fair and reasonable and, in the event the appeal is granted, whether
or not a refund is due the appellant and the amount of the refund. The Board shall
consider the appeal pursuant to its rules for procedure in existence at the time of
consideration. The City Clerk or designee shall provide written notice no later than
five (5) business days to the address listed within the appeal of the time and place
for Council consideration of the appeal. Council shall base its decision solely upon
the information presented at its meeting. The City Clerk or designee shall notify the
appellant in writing of the Council’s determination by first class mail addressed to
the individual and at the address listed within the appeal. Service is conclusive
upon mailing.
(3) The decision of the Council is final except if the property owner appeals the decision to a
court of competent jurisdiction. Such appeal shall be filed no later than thirty (30) calendar
days after the date of mailing the decision of the Council. Such appeal shall be by writ of
certiorari and the reviewing court shall be limited solely to the record created before the
Council. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole
discretion of the court.
(4) If the result of any appeal is that a refund is due the appellant, the refund will be applied as
a credit on the appellant’s next storm water bill.
SECTION 14-38 SEVERABILITY
If a court of competent jurisdiction judges any section, clause, provision or portion of this chapter
unconstitutional or invalid, the remainder of the chapter shall remain in force and not be affected by
such judgment.
SECTION 14-39 COMPATIBILITY WITH OTHER REGULATIONS
This chapter is not intended to modify or repeal any other chapter, rule, regulation, or other provision of
law. The requirements of this chapter are in addition to the requirements of any other chapter, rule,
regulation, or other provision of law, and where any provision of this chapter imposes restrictions different
from those imposed by any other chapter, rule, regulation, or other provision of law, whichever provision
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is more restrictive or imposes higher protective standards for human health or the environment shall
control.
SECTION 14-40 REMEDIES NOT EXCLUSIVE
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable
federal, state or local law and it is within the discretion of the administering authority to seek cumulative
remedies.