Personnel Committee Meeting — Agenda Packet

December 9, 2025 Village of Jackson - Personnel Committee Meeting Agenda VILLAGE OF JACKSON PERSONNEL COMMITTEE MEETING AGENDA Tuesday, December 9, 2025 at 6:30 PM Jackson Municipal Complex Village Board Room N168W19851 Main Street Jackson, WI 53037 1. Call to Order and Roll Call 2. Approval of Minutes for the Personnel Committee Meeting of November 11, 2025 3. Ordinance #25-13 To Amend Several Sections of Village Code Pertaining to the Positions of Village Engineer and Public Works Director 4. Citizens/Village Staff to Address the Personnel Committee 5. Adjourn Persons with disabilities requiring special accommodations for attendance at the meeting should contact the Administration Department at the Jackson Municipal Complex at least one (1) business day prior to the meeting. It is possible that members of the Village Board may attend the above meeting. No action will be taken by any governmental body at this meeting other than the governmental body specifically referred to in this meeting notice. This notice is given so that members of the Village Board may attend the meeting without violating the open meeting law. Page 1 of 42 November 11, 2025 Village of Jackson - Personnel Committee Meeting Minutes Page 1 of 2 VILLAGE OF JACKSON PERSONNEL COMMITTEE MEETING Tuesday, November 11, 2025 at 6:30 PM Minutes 1. Call to Order and Roll Call The meeting was called to order at 6:31 PM by Pres. Heckendorf. Members Present: Pres. Heckendorf, Tr. Emmrich Members Excused: Tr. Kruepke Members Absent: None Staff Present: Administrator Jen Heidtke and Clerk Jackie Schuh 2. Approval of Minutes for the Personnel Committee Meeting of October 20, 2025 The motion to approve Minutes for the Personnel Committee Meeting of October 20, 2025, w as made by Tr. Emmrich and seconded by Pres. Heckendorf. Vote: 2 ayes, 0 nays. Motion carried. 3. Closed Session Pursuant to Wis. Stats. § 19.85(1)(c) “considering employment, promoti on, c ompensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility.” The closed session is for the purpose of: 1. To Receive Information Regarding Specific Employees The motion to proceed into closed session pursuant to Wis. Stats. §19.85(1)(c) was made by Pres. Heckendorf and seconded by Tr. Emmrich. A roll call vote was taken: Pres. Heckendorf: Aye Tr. Emmrich: Aye Vote: 2 ayes, 0 nays. Motion carried. The meeting proceeded into closed session at 6:33 PM. Those present in the closed session were the Committee members and Administrator Heidtke. 4. Reconvene in Open Session with Possible Action Related to the Subject of the Precedi ng C losed Session The motion to reconvene in open session was made by Pres. Heckendorf and seconded by Tr. Emmrich. Vote: 2 ayes, 0 nays. Motion carried. The meeting proceeded into open session at 6:52 PM. DRAFT Page 2 of 42 November 11, 2025 Village of Jackson - Personnel Committee Meeting Minutes Page 2 of 2 No action was taken on the closed session item. 5. Citizens/Village Staff to Address the Personnel Committee None. 6. Adjourn The motion to adjourn the meeting was made by Tr. Emmrich and seconded by Pres. Heckendorf. Vote: 2 ayes, 0 nays. Motion carried. The meeting adjourned at 6:53 PM. Respectfully Submitted, Jacqueline Schuh Village Clerk Village of Jackson DRAFT Page 3 of 42 Ordinance #25-13 Page 1 of 24 STATE OF WISCONSIN VILLAGE OF JACKSON WASHINGTON COUNTY ORDINANCE #25-13 TO AMEND SEVERAL SECTIONS OF VILLAGE CODE PERTAINING TO THE POSITIONS OF VILLAGE ENGINEER AND DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the Village of Jackson adopted Code of Ordinances recognizes a public works director/engineer role in various sections of Village Code; and WHEREAS, it is in the best interest of the Village to update the Village Code of Ordinances so as to reflect current staffing, duties, and procedures; and WHEREAS, the Village of Jackson day-to-day staffing, duties and procedures have included the separate roles of a public works director and engineer since the retirement of the public works director/engineer role in April 2025. NOW, THEREFORE BE IT RESOLVED, the Village of Jackson Village Board, Washington County, Wisconsin, ORDAINS AS FOLLOWS: Section 1. Amending “Village Officials” as revised below. Brian Heckendorf, Village President; Brian Emmrich, Tim Engelhardt, John Kruepke, Debra Kurtz, Donald Olson, Traci Wells, Village Board of Trustees. Section 2. Amending Sec. 2-82 as revised below. Sec. 2-82 – Public Works Director (a) Appointment. The public works director shall be appointed by the village board for an indefinite term, subject to removal pursuant to the provisions of state law or the term of office and conditions of employment may be a matter of written contract between the village and the person appointed to the position. (b) Powers and duties. The powers and duties of the public works director shall be those as prescribed by state law and as specified by the village board. Section 3. Amending Sec. 2-277 as revised below. Sec. 2-277 – Preliminary resolution. Whenever the village board shall determine th at any public work or improvement shall be financed in whole or in part by special assessm ents levied under this section, it shall adopt a preliminary resolution setting forth the following: (7) A directive that the Public Works Director and Assigns, prepare a report as required in this division. DRAFT T E PERTAINING E PERTAININ EER AND ER A UBLIC WORKS UBLIC FT de of Ordinances recognizes a de of Ordinances reco public llage Codellage Co ; and f the Village to update e to update the the Village Code of V duties, and proceduresedures; and; and ackson ckson dayday--toto-day staffing, duties and procedureuties and blic works director and engineer works director and e since the retiremce the re role in Aprilpril 2025. 2025. ORE BE IT RESOLVED,LVED, the Village of Jackson Ve Village of Jackson V Wisconsin, Wisconsin, ORDAINS AS FOLLOWS:AS FOLLOW nding “Village Officials”nding “Village Offic as revised below. vised b endorf, Village President; Brian Emmrich, Tim Eendorf, Village President; Brian Emmrich, T onald Olson, Traci Wells, Village Board of onald Olson, Traci Wells, Village Board of TrusTru on 2. Amending Amendin Sec. 2c. 2-82 -82 as revised below.as revised below. ec. 2-82 – Public Works Directorlic Works Di (a)(a) Appointment.Appointm The public works director he public indefinite term, subject to removal puindefinite term, subject to re office and conditions of employmeand conditions of emplo and the person appointed to the rson appointed to the (b) Powers and duties.duties The powewe prescribed by state law andstate SectionSe 3. Amending Sending Sec. 2Sec. 2-277 – PreliminPrelimi D Wheneve D nced in w D nary Page 4 of 42 Ordinance #25-13 Page 2 of 24 Section 4. Amending Sec. 2-278 as revised below. Sec. 2-278 Report of the Public Works Director. (a) Whenever the village board, by preliminary resolution, directs the Public Works Director to prepare a report, the Public Works Director shall prepare a report consisting of the following: (b) Upon completion of the report, the Public Works Director shall file a copy of the report with the village clerk. Section 5. Amending Sec. 8-168 as revised below. Sec. 8-168 – Private well abandonment. (a) Coverage. All private wells, including geothermal wells, located on any premises, which are served by the public water system of the village, shall be properly filled by such time and in such manner as set forth by resolution. Only those wells for which a well operation permit has been granted by the village Public Works Director may be exempted from this requirement, subject to conditions of maintenance and operation. (b) Well operation permits. Application shall be made on forms provided by the village Public Works Director. A permit may be granted to a well owner to operate a well for a period of three years if the following requirements are met: (2) The well has passed an inspection by a DNR licensed well inspector and DNR form 3300-221, the state well and pressure system inspection form, is on file with the Public Works Director. The inspection form on file shall be no greater than ten years old. (c) Methods. Wells to be abandoned shall be filled according to the procedures outlined in Wis. Admin. Code ch. NR 812. The pump and piping must be removed and the well checked out, by the village water utility department, for obstructions and cross connections prior to plugging. Any obstruction or liner must be removed. An abandonment permit must be obtained from the office of the Public Works Director prior to the beginning of work. (d) Reports and inspection. A well abandonment report must be submitted by the well owner to the department of natural resources on forms provided by that agency (available at the office of the Public Works Director). The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of this municipality. Section 6. Amending Sec. 35-19 as revised below. Sec. 35-19 Authority. (c) The village board hereby designates the Public Works Director and Assigns to administer and enforce the provisions of this article. Section 7. Amending Sec. 35-22 as revised below. Sec. 35-22 Applicability and jurisdiction. (a) Applicability. (3) Notwithstanding the applicability requirements in subsection (a) of this section, this article applies to construction sites of any si ze that, as determined by the Public Works Director and Assigns, are likely to result in runoff that exceeds the safe capacity of the DRAFT ks Directorks Direc to g of the following: g of the f py of the report with py of the re s, located on any premises, which are s, located on any premises, which are ll be properly filled by such time and in ll be properly filled by e wells for which a e wells f well operation permit well op Director may be exempted from this ctor may be exempted f enance and operation. d operation. l be made on forms provided by the village Publorms provide nted to a well owner to operate a well for a perioto operat ments are met: ments are ection by a DNR licensed well inspector and DNion by a DNR licensed well inspector a pressure system inspection form, is on file with tre system inspection form, is on file with ction form on file shall be no greater than ten yeon file shall be no greater than ten ye bandoned shall be filled according to the procedube filled according to the proce R 812. The pump and piping must be removed annd piping must be removed an er utility department, for obstructions and cross er utility department, for obstructi obstruction or liner must be removed. An abandobstruction or liner must be remov m the office of the Public Works Director prior m the office of the Public Works Dire and inspection. A well abandonment report mustand inspection. A well abandonment repor partment of natural resources on forms providedpartment of natural resources on forms provid he Public Works Director). The report shall be s Public Works Director). The report shall be s he filling of the well. The filling must be observng of the well. The filling must be observ Section 6. Section 6. Amending Sec. 35-19 Amending Sec. 3 as revised b Sec. 35Se -19 Authority. -19 Author (c) The village board hereby designage board hereby design and enforce the provisions of the provisions of Section 7. Amending Sec.ding S Sec. 35Sec. -22 Applicabiliplicabi (a)(a) Applicability.Applicability. 3)3) NotwiNotwi clecle Page 5 of 42 Ordinance #25-13 Page 3 of 24 existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by sc ouring or transporting of particulate. Section 8. Amending Sec. 35-23 as revised below. Sec. 35-23 Definitions. Business day means a day the office of the Public Works Director and Assigns is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Public Works Director and Assigns. Permit means a written authorization made by the Public Works Director and Assigns to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Stop work order means an order issued by the Public Works Director and Assigns which requires that all construction activity on the site be stopped. Section 9. Amending Sec. 35-24 as revised below. Sec. 35-24 Applicability of maximum extent practicable. The term "maximum extent practicable" applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Director and Assigns satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the Public Works Director and Assigns that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. Section 10. Amending Sec. 35-25 as revised below. Sec. 35-25 Technical standards. All BMPs required for compliance with this article shall meet design criteria, standards and specifications based on any of the following: (3) Technical standards and methods approved by the Public Works Director and Assigns. Section 11. Amending Sec. 35-28 as revised below. Sec. 35-28 Permitting requirements, procedures and fees. DRAFT Assigns is routinely and Assigns is routinely sturbing construction activity sturbing construction activity tion of a permit issued by the tion of a ic Works Director and Assigns to the ic Works Director and A ivity or to discharge post-construction runoff vity or to discharge post-co e Public Works Director and Assigns which requs Director and stopped. s revised below.vised below. aximum extent practicable.tent practicable. um extent practicable" applies when a person whable" applies when a person wh of this article demonstrates to the Public Works Df this article demonstrates to the Public Works D rformance standard is not achievable and that a rformance standard is not achievab making the assertion that a performance standarmaking the assertion that a perform mance different from the performance standard imance different from the performance s ible party shall take into account the best availabible party shall take into account the best av hic features, and other competing interests such aic features, and other competing interests such re, protection of endangered and threatened resorotection of endangered and threatened reso operties. Determination by the Public Works Diretermination by the Public Works Dir practicable is appropriate for a performance stanpropriate fo village board plan approval process. village board plan approval Section 10. Amending Sec. 35-25 Amending Sec. 35-25 as a Sec. 35-25 Technical standards. nical standards. All BMPs required forequ and specifications based oand specifications base (3)(3 Technical stanical stan ction 11. ction 11. AmAm -28 -28 Page 6 of 42 Ordinance #25-13 Page 4 of 24 (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 and a permit from the Public Works Director and Assigns. (b) Permit application and fees. The responsible party that will 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 35-29, and shall pay an application fee to the Public Works Director and Assigns in the amount specified in section 35-30. By submitting an application, the applicant is authorizing the Public Works Director and Assigns to enter the site to obtain information required for the review of the erosion and sediment control plan. (c) Permit application review and approval. The Public Works Director and Assigns shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used: (2) Within three days of receipt of the appli cation, a copy thereof together with a copy of the control plan for activities covering more th an one acre shall be delivered to the Public Works Director and Assigns for initial review. Within three days of the village receipt of the application, a copy thereof together with a copy of the control plan statement for activities covering less th an one acre, shall be delivered to the village building inspector for initial review. If the Public Works Director and Assigns or village building inspector finds the application or control plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4) Within 45 days of the filing deadline for the application, control plan, or control plan statement and fee for the plan commission me eting, as required by subsection (b) of this section, the Public Works Director and Assigns shall inform the applicant whether the application and erosion and se diment control plan are a pproved or disa pproved based on the requirements of this article. (5) If the permit application and erosion and sediment control plan are approved, the Public Works Director and Assigns shall issue the permit. (6) If the permit application or erosion and sediment control plan is disapproved, the Public Works Director and Assigns shall state in writing the reasons for disapproval. (7) The Public Works Director and Assigns may request additional information from the applicant. If additional information is submitted, the Public Works Director and Assigns shall have 45 days from the date the additi onal information is received to inform the applicant that the erosion and sediment cont rol plan is either approved or disapproved. (8) Failure by the Public Works Director and Assigns to inform the permit applicant of a decision within 45 days of a required submitta l shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued. (d) Surety bond. As a condition of approval and issuance of the permit, the Public Works Director and Assigns may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions. (e) Permit requirements. All permits shall require the responsible party to: (1) Notify Public Works Director and Assigns 48 hours in advance of commencing any land disturbing construction activity. controcontro disturbing disturbi a permit and an a permit n 35-29n 35-29, and shall pay , and mount specified mount specified uthorizing the Public Works horizing the Public Wor quired for the review of thequired for the review of the FT orks Dir FT an erosi FT edure shall be used: ation, a copy thereof together with a copy of a copy thereof togeth re than one acre shall be delivered to the e acre shall be de Public eview. Within three days of the village receipt hree days o her with a copy of the control plan statement foher with a copy of the control p cre, shall be delivered to the village building incre, shall be delivered to the village rks Director and Assigns Director and Assi or village building inse buildin an or statement to be lacking necessary informaatement to be lacking necessary inform de, the applicant shall be notified of the inadequcant shall be notified of the inadequ RA f the filing deadline for the application, contr RA e for the plan commission meeting RA ublic Works Director and Assigns RA and erosion and sediment control pla RA irements of this article. RA the permit application and erosion and sedim RA s Director and Assigns shall issue the permit DR permit application or erosion and sed DR ctor and Assi DR (7) The Works D DR applicant. If additional inf DR have 45 days from the d DR t that the erosion and s DR by the Work D hin 45 D the a D (d As a D Director and Assi D of credit to guar D plan and any rmit rrmit r Page 7 of 42 Ordinance #25-13 Page 5 of 24 (2) Notify the Public Works Director and Assigns of completion of any BMPs within 14 days after their installation. (3) Obtain permission in writing from the Public Works Director and Assigns prior to any modification pursuant to section 35-29(c) of the erosion and sediment control plan. (f) Permit conditions. Permits issued under this section ma y include conditions established by Public Works Director and Assigns in addition to the requirements set forth in subsection (e) of this section, where needed to ensu re compliance with the performance standards in sections 35-26 and 35-27. (g) Permit duration. Permits issued under this section sh all be valid for a period of 180 days, or the length of the building permit or other construction author izations, whichever is longer, from the date of issuance. The Public Works Director and Assigns may grant one or more extensions not to exceed 180 days cu mulatively. The Public Works Director and Assigns may require additional BMPs as a cond ition of an extension if they are necessary to meet the requirements of this article. Section 12. Amending Sec. 35-29 as revised below. Sec. 35-29 Erosion and sediment cont rol plan, statement and amendments. (a) Erosion and sediment control plan statement. For each construction site identified under section 35-22(a)(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Public Works Director and Assigns. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the article. A site map shall also accompany the erosion and sediment control plan statement. (b) Erosion and sediment control plan requirements. (1) An erosion and sediment control plan shall be prepared and submitted to the Public Works Director and Assigns. (c)Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur: (3)The Public Works Director and Assigns notifies the applicant of changes needed in the erosion and sediment control plan. Section 13. Amending Sec. 35-30 as revised below. Sec. 35-30 Fee Schedule. The fees referred to in other sections of this article shall be established by the Public Works Director and Assigns and may from time to time be modified by resolution. A schedule of the fees established by the Public Works Director and Assigns shall be available for review in the office of the village clerk. Section 14. Amending Sec. 35-31 as revised below. Sec. 35-31 Inspection. DRAFT rior to anyrior to a ol plan.ol plan. T ons esta T forth in subs T formance standard FTFT valid for a period of 180 days, FT authori FT Director a r FT ely. The ks FT tion of an extension if they AFT ed below. ntrol plan, statement and amendments.trol plan, statement and amendments AF statement. For each construction site id AF n and sediment control plan statement s RAF he Public Works Director and Assig RA riefly describe the site, the dev RA e used to meet the requirements of the article. A RA rosion and sediment control plan s RA d sediment control plan requirements. RA rosion and sediment control plan shall be p RA s Director and Assigns. sion and sediment control plan amendments.n and sediment control plan amendments. Th Th iment control plan if any of the following occur:ntrol plan if any of the following occur: DR ic Works Director and Assigns n DR erosion and sediment co DR Section 13. 3. Amending Sec. 35-30 Amending Sec. 35-30 as rev Sec. 35-30 Fee Schedulee Sched . The fees referred to in otreferr Works Director and Assigns and As the fees established by the the fees established by office of the village cleroffice of the village cl ection 1ection 14. 4. AmeAme 3535--31 In31 In Page 8 of 42 Ordinance #25-13 Page 6 of 24 If land disturbing construction activities are occurring without a permit required by this article, the Public Works Director and Assigns may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1) through (3). Section 15. Amending Sec. 35-32 as revised below. Sec. 35-32 Enforcement. (a)The Public Works Director and Assigns may post a stop work order if any of the following occurs: (1) Land disturbing construction activity regulated under this article is occurring without a permit. (2) The erosion and sediment control plan is not being implemented in good faith. (3) The conditions of the permit are not being met. Note to permittees: The Public Works Director and Assigns should inspect any construction site that holds a permit under this chapter at least once a month between March 1 and October 31, and at least two times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan. (b) If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Public Works Director and Assigns may revoke the permit. (c) If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Public Works Director and Assigns, or if a responsible party violates a stop work order posted under subsection (a) of this section, the Public Works Director and Assigns may request the village attorney to obtain a cease and desist order in any court with jurisdiction. (d) The Public Works Director and Assigns may retract the stop work order issued under subsection (a) of this section or the permit revocation under subsection (b) of this section. (e) After posting a stop work order under subsection (a) of this section, the Public Works Director and Assigns may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Director and Assigns may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Public Works Director and Assigns, plus interest at the rate authorized by Public Works Director and Assigns shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. subchapter VII of ch. 66. (f) Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings. Section 16. Amending Sec. 35-33 as revised below. Sec. 35-33 Appeals. (a) Board of appeals. The board of appeals created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b): DRAFT isionision r if any of the following if any of the following r this article is occurring withoutr this article is occurring without eing implemented in good faith. eing imp met. met. ctor and Assigns should inspect any r and Assigns should ins er this chapter at least once a month between hapter at least once two times between November 1 and February 2ween Novemb ved erosion and sediment control plan. ment con ase activity as required in a stop work order postase activity as required in a stop wo he erosion and sediment control plan or permit cerosion and sediment control plan or p ssigns may revoke the permit. may revoke the permit here no permit has been issued or the permit hasmit has been issued or the permit has after being notified by the Public Works Directofied by the Public Works Direct es a stop work order posted under subsection (a)posted under subsection (a) or and Assigns or and Assign may request the village attorney tuest the vil with jurisdiction. with jurisdiction. Works Director and Assigns may retract the stopWorks Director and Assigns may retra a) of this section or the permit revocation under a) of this section or the permit revocation u posting a stop work order under subsection (a) oposting a stop work order under subsection (a) tor and Assigns may issue a notice of intent to thnd Assigns may issue a notice of intent to th rk necessary to comply with this article. The Pubary to comply with this article. The Pub the land and commence the work after issuing thmmence the performed under this subsection by the Publicperformed under this subsec rate authorized by Public Works Director arate authorized by Public Work the event a responsible party fails to paya responsible party fails the tax rolls and collect as a special aand collect as a special subchapter VII of ch. 66. of ch. (f) Compliance with the provisith th with jurisdiction. It shall noIt sha before resorting to injuncbefore resorting to inju Section 16. Section 16. AmenAmen 3535-33 Ap-33 Ap rd ord o Page 9 of 42 Ordinance #25-13 Page 7 of 24 (1) Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director and Assigns in administering this article except for cease and desist orders obtained under section 35- 32(c); (b) Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the village affected by any decision of the Public Works Director and Assigns. Section 17. Amending Sec. 35-55 as revised below. Sec. 35-55 Authority. (c) The village board hereby designates the Public Works Director and Assigns to administer and enforce the provisions of this article. Section 18. Amending Sec. 35-58 as revised below. Sec. 35-58 Applicability and jurisdiction. (a) Applicability. (3) Notwithstanding the applicability requirements in subsection (a)(1) of this section, this article applies to post-construction sites of a ny size that, as determined by the Public Works Director and Assigns, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of wate r, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter. Section 19. Amending Sec. 35-58 as revised below. Sec. 35-59 Definitions. Business day means a day the office of the Public Works Director and Assigns is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Public Works Director and Assigns. Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Public Works Director and Assigns by the responsible party to ensure that requirements of the article are carried out in compliance with the stormwater management plan. Permit means a written authorization made by the Public Works Director and Assigns to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Permit administration fee means a sum of money paid to the Public Works Director and Assigns by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit. Stop work order means an order issued by the Public Works Director and Assigns which requires that all construction activity on the site be stopped. DRAFT ection 35-ection 3 grieved person or grieved decision of the Publicdecision of the Director and Assigns Directo to administer ow. AF lity requirements in subsection (a)(1 AF n sites of any size that, as determined b AF esult in runoff that exceeds the safe cap AF ng body of water, causes undue chan RA or the transportation of particu RA ng Sec. 35-58 ng Sec. 35-58 as revised below.below. RA itions RA y means a day the office of the Public Wor RA ly open for business. RA desist o eans a court-issued order to DR conducted without the required permi DR irector and Financial guaranteeFinancial guar mmeans a performance beans a letter of credit, or similar guarantees submletter of credit, or similar guaran responsible party to ensure that requirparty to ensure that req stormwater management plan.anagement plan. Permit means a written authoriwrittent applicant to conduct land diuct la to waters of the state.to waters of the state. Permit administratioPermit administratio by the permit applby the permit appl ministering tministering t ork oork o Page 10 of 42 Ordinance #25-13 Page 8 of 24 Section 20. Amending Sec. 35-60 as revised below. Sec. 35-60 Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Director and Assigns satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the Public Works Director and Assigns that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. Section 21. Amending Sec. 35-61 as revised below. Sec. 35-61 – Technical standards. The following methods shall be used in desi gning the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this article: (2) Where technical standards have not been identified or developed by the state department of natural resources, other technical standards may be used provided that the methods have been approved by the Public Works Director and Assigns. Note to permittees: Pollutant loading models such as DETPOND, WinSLAMM, P8, or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Use the most recent version of the model and the rainfall files and other parameter files identified for state users unless directed otherwise by the regulatory authority. Section 22. Amending Sec. 35-62 as revised below. Sec. 35-62 Performance Standards. (d) Requirements. The stormwater management plan required under subsection (b) of this section shall include the following: (2 )Peak discharge. a. By design, BMPs shall be employed to maintain or reduce the one-year, 24- hour, five-year, 24-hour; and the 100-year , 24-hour post-construction peak runoff discharge rates to the one-year, 24-hour, two-year, 24- hour; and the five- year, 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runo ff curve numbers in Table 2 shall be used to represent the actual pre-development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropria te NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the Public Works Director DRAFT performance perform gns satisfaction that a gns satisfact ancance is appropriate. Ine is appropria d that a level of that a level of um extent practicable, the um extent practicable, the ology, cost effectiveness, ology, c otection of public safety and otection s, and preservation of historics, and pr and Assigns that the maximum extent and Assigns that the m does not exempt an applicant from thedoes not exempt an applic d below. be used in designing the water quality, peak disce used in designing the water quality, p water practices needed to meet the water quality spractices needed to meet the water qualit standards have not been identified or developede not been identified or develope tural resources, other technical standards may beher technical standards may be been approved by the Public Works Director andbeen approved by the Public Work mittees: Pollutant loading models such as DETPmittees: Pollutant loading models nt methodology may be used to evaluate the effint methodology may be used to evalu suspended solids. Use the most recent version ofsuspended solids. Use the most recent ver her parameter files identified for state users unleher parameter files identified for state users un authority. uthority. Section 22. Amending Sec. 35-62 mending Sec. 3 as revised belol Sec. 35Sec. 35-62 Performance Standards. -62 Performance St (d)(d) Requirements.Requirements. The stormwate The this section shall include thethis section shall inclu DR )Peak discharge. DR By design, BMP D ur, fi D noff d D ear, 24 D the m D used D b Page 11 of 42 Ordinance #25-13 Page 9 of 24 and Assigns may allow the use of TP-40 precipita tion depths and the Type II distribution. Note to permittees: For determining compliance with the peak flow requirement, the department recommends use of the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Pr ecipitation Frequency Estimates for precipitation depth. The Natural Resour ces Conservation Service (NRCS) - Wisconsin has calculated county-specific A tlas 14 precipitation depths and they are to be used in combination with the appropriate NRCS MSE3 or MSE4 precipitation distribution. The NRCS calculated county-specific Atlas 14 precipitation depths and MSE3 and MS E4 precipitation distributions are available at: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/wi/technical/engineering/?cid= nrcs142p2_025417 . Table 2. Maximum Pre-Development Runoff Curve Numbers Runoff Curve NumberHydrologic Soil Group ABCD Woodland 30 55 70 77 G r a s s l a n d 3 96 17 17 8 C r o p l a n d 5 56 97 88 3 Note to permittees: Where the pre-deve lopment condition is a combination of woodland, grassland, or cropland, the runo ff curve number should be pro-rated by area. (7) Swale treatment for transportation facilities. b. Other requirements. 1. Notwithstanding subsection (d)(7)a of this section, the Public Works Director and Assigns may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following: (i)An outstanding resource water. (ii)An exceptional resource water. (iii)Waters listed in section 303( d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to nonpoint source impacts. (iv)Water where targeted performance standards are developed pursuant to Wis. Admin. Code § NR 151.004.DRAFT TT ow requ T Atmosp T Estimates fo T n Service (NRCS) T cipitation depths and th FT NRCS MSE3 or MSE4 FT d county FT recipitat FTFT nrcs/detail/wi/technical/e FTAFT lopment Runoff AF l Groupl Group AAA C DD AAAAAAAA 70 7777 AAAAAAAAA 61 71 788 AAAAAARRARARA 69 78 83 RRRARARARARARARRRRARARARARARARARARARARA ote to permittees: Where the pre -de RA woodland, grassland, or cropland, the RA by a (7) (7) SwSwale treatment for transportation faciale treatment for transportation faci DR b. Other requirements. DR 1. N DR Direct DR equire th DR ansportat DR and wh DRDD Page 12 of 42 Ordinance #25-13 Page 10 of 24 2.The transportation facility authority shall contact the Public Works Director and Assigns to determine if additional BMPs beyond a water quality swale are needed under this subsection. (f) BMP location. (2) The Public Works Director and Assigns may approve off- site management measures provided that all of the following conditions are met: a. The Public Works Director and Assigns determines that the post-construction runoff is covered by a stormw ater management system plan that is approved by the village and that contains manageme nt requirements consistent with the purpose and intent of this article. (3) Where a regional treatment option exists such that the Public Works Director and Assigns exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the Public Works Director and Assigns. In determining the fee for post-construction runoff, the Public Works Director and Assigns shall consider an equitable dist ribution of the cost for land, engineering design, construction, and maintenan ce of the regional treatment op tion. (g) Additional requir ements. The Public Works Director and Assigns may establish stormwater management requirements more stringent than those set forth in this article if the Public Works Director and Assigns determines that the requirements are needed to control stormwater quantity or control flood ing, comply with fede rally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment. Sec. 35-63 Permitting requirements, procedures and fees. (b) Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the Public Works Director and Assigns a permit application on a form provided by the Public Works Director and Assigns for that purpose. (c) Permit application review and approval. The Public Works Director and Assigns shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the requi red fee. The following approval procedure shall be used: (2) Within three days of receipt of the a pplication, a copy thereof together with a copy of the stormwater manage ment plan shall be delivered to the Public Works Director and Assigns for initial review. Within three days of the village's receipt of the application, a copy thereof together w ith a copy of the stormwater management plan shall be delivered to the village bu ilding inspector for initial review. If the Public Works Director and Assigns or village building inspector finds the application or stormw ater management plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4) Within 45 days of the filing deadline fo r the application, cont rol plan, or control plan statement and fee for the plan commis sion meeting, including all items as DRAFT T a wat TT e management e managem et:et: T hat the construct FT tem plan that is approved by FT ements consistent with the FT such that thesuch tha Public Works Director and c part of the minimum onpart of the minimum on --site stormwater s nt shall be required to pay a fee in an amount shall be required to pay a Public Works Director and Assignsorks Director and A . In truction runoff, the ff, the Public Works Director and Public W table distribution of the cost for land, engineerif the cost aintenance of the regional treatment opaintenance of the regional treatme tion. AF he Public Works Director and Assigns m AF ments more stringent than those set f RA Assign rmines that the requ RA trol flooding, comply with fe RA ly load requirements, or control p RA nt or redevelopm RARA ermitting requirements, procedures an RA Permit application and f pecific RA sponsible party desiring a permit shall submi DRA gns a permit application on a form prov DR for that purpo DR (c) t applicat DR shall review any perm DR plan, maintenance agree DR l be use (2) Within three days oWithin three days o copy of the stormwaof the Directoror and Assi anrr the applicationplica plan shall bn shall Public WPublic W applicapplic infoinfo Page 13 of 42 Ordinance #25-13 Page 11 of 24 required by subsection (b) of this section, the Public Works Director and Assigns shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article. (5) If the stormwater permit application, stormwater management plan and maintenance agreement are a pproved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Public Works Director and Assigns shall issue the permit. (6) If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the Public Works Director and Assigns shall detail in writing the reasons for disapproval. (7) The Public Works Director and Assigns may request additional information from the applicant. If additional information is submitted, the Public Works Director and Assigns shall have 45 days from the date the additional information is received to inform the applicant that the stormwat er management plan and maintenance agreement are either a pproved or disapproved. (8) Failure by the Public Works Director and Assigns to inform the permit applicant of a decision within 45 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. (d) Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits is sued under this article shall be deemed to have accepted these conditions. The Public Wo rks Director and Assigns may suspend or revoke a permit for violation of a permit co ndition, following written notification of the responsible party. An action by the Public Works Director and Assigns t o suspend or revoke this permit may be appealed in accordance with section 35-69. (3) The responsible party shall notify the Public Works Director and Assigns at least 48 hours before commencing any work in conjunction with the stormwater management plan, and w ithin 14 days upon completion of the stormwater management practices. If re quired as a special condition under subsection (e) of this section, the responsible party shall make additional notification according to a schedule set forth by the Public Works Director and Assigns so that practice installations can be insp ected during construction. (4) Practice installations required as part of this article shall be certified "as built" or "record" drawings by a licensed profes sional engineer. Completed stormwater management practices must pa ss a final inspection by the Public Works Director and Assigns to determine if they are in accordance with the approved stormwater management plan and ordinance. The P ublic Works Director and Assigns shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this article. (5) The responsible party shall notify the Public Works Director and Assigns of any significant modifications it intends to make to an approved stor mwater management plan. The Public Works Director and Assigns may require that the proposed modifications be submitted to it for a pproval prior to incorporation into the stormwater management plan and execution by the responsible party. DRARAAFT nt plnt pl requiremenrequirem t plan and t plan an yment of fees in lieu yment of fees orks Director and orks Director and management plan or manag Works Director and Assigns Works D shall shall may request additional information from may request additiona submitted, the submitt Public Works Director and ic Wo ate the additional information is received to the additional informatio water management pl an and maintenance nagement plan and disapproved. ks Director and Assigns gns to inform the permit appto inf s of a required submittal shall be deemed to mes of a required submittal shall be d l and the applicant may proceed as if a permit hand the applicant may proceed as if a p AF mits issued under this article shall be RA of permits issued under this art RA e Public Works Director and RA it for violation of a permit condit RA e party. An action ublic W RA his permit may be appealed in accord 3) The responsible party shall notify the3) The responsible party shall notify the Public P 48 hours before commencing any work in con48 hours before commencing any work in c management plan, a nd within 14 days uponmanagement plan, a nd within 14 days upon management practices. If required as a smanagement practices. If required as a s section, the responsion, the respo ible party shall ml schedule set forth by the ule set for Public W installations can be inspected duinstallations can b (4) Practice installations req(4) Practice installatio "record" drawings by a lirecord" drawings by a management practices nagement practices Assigns ns to determinto management planemen notify the respy the r bring them ng them (5) The (5) The signifsignif plapla Page 14 of 42 Ordinance #25-13 Page 12 of 24 (7) The responsible party authorizes the Public Works Director and Assigns to perform any work or operations necessa ry to bring stormw ater management measures into conformance with the approved stormw ater management plan, and consents to a special assessment or char ge against the property as authorized under Wis. Stats. subchapter VII of chapter 66, or to charging such costs against the financial guarantee posted under section 35-66. (8) If so directed by the Public Works Director and Assigns, the responsible party shall repair at the responsible party' s own expense all damage to adjoining municipal facilities and dr ainageways caused by runoff, where such damage is caused by activities that are not in co mpliance with the approved stormwater management plan. (9) The responsible party shall permit pr operty access to the Public Works Director and Assigns or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this article. (10) Where site developm ent or redevelopment invol ves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Public Works Director and Assigns may require the res ponsible party to make appropriate legal arrangements with affect ed property owners concerning the prevention of endangerment to propert y or public safety. (e) Permit conditions. Permits issued under this subsection may include conditions established by Public Works Director and Assigns in addition to the requirements needed to meet the performance standards in section 35-62 or a financial guarantee as provided for in section 35-66. (f) Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the Public Works Director and Assigns notifies the responsible party that all stormw ater management practices have passed the final inspection required under subsec tion (d)(4) of this section. Sec. 35-64 Stormwater management plan. (a) Stormwater management plan requirements. The stormwater management plan required under section 35-62(b) shall contain at a minimum the following information: (8) Other information requested in writing by the Public Works Director and Assigns to determine compliance of the proposed stormwater management measures with the provisions of this article. (b) Alternate requirements. The Public Works Director and Assigns may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performan ce standards under section 35-62(e). Sec. 35-65 Maintenance agreement. (a)Maintenance agreement required. The maintenance agreement required under section 35-63(b) for stormwater management pr actices shall be an agreement between the Public Works Director and Assigns and the responsible party to provide for maintenance of stormwater practices beyond the duration pe riod of this permit. The maintenance agreement shall be filed with the county register of deeds as a property DRAFT nt nt t plan, andt plan, a uthorized under uthorized s against the s agains the responsible party the responsible pa mage to adjoining age to adjoining ff, where such damage is ff, where such damage is h the approved stormwater h the app ty access to the ty acces Public Works Director e of inspecting the property for e of inspecting the proper ater management plan and this article.r management plan and t evelopment involves changes in direction, ent involves chang l volume of runoff from a site, the noff from a s Public Work uire the responsible part y to make appropriate leparty to m property owners concerning the prevention of property owners concerning the p y or public safety.or public safety AF issued under this subsection may includ AF ector and Assigns in addition to the re RA tanda ection 35-62 or a f RARA tion. Permits issued under this se RA rough the date th Works D RA ble party that all stormwater manage RA ction required under subsection (d)(4) of RARA 64 Stormwater management plan. DRA Stormwater management plan requireme DR uired under sec b) shall DR mation: DR (8) Other informa DR to determine compli DR the provisions of this a DR ernate requirements. DR ve submittal requ D er ma DD Se ntena D aintenan D under secti D between D main D Page 15 of 42 Ordinance #25-13 Page 13 of 24 deed restriction so that it is binding upon al l subsequent owners of the land served by the stormwater management practices. (b) Agreement provisions. The maintenance agreement shall contain the following information and provis ions and be consistent with the maintenance plan required by: (5) Authorization for the Public Works Director and Assigns to access the property to conduct inspections of stormwater ma nagement practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement. (6) A requirement on the Public Works Director and Assigns to maintain public records of the results of the site insp ections, to inform the responsible party responsible for maintenance of the inspec tion results, and to specifically indicate any corrective actions required to bring th e stormwater management practice into proper working condition. (7) Agreement that the party designated unde r subsection (b)(3) of this section, as responsible for long-term maintenance of the stormwater ma nagement practices, shall be notified by the Public Works Dire ctor and Assigns of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Public Works Director and Assigns. (8) Authorization of the Public Works Dir ector and Assigns to perform the corrected actions identified in the inspection report if the responsible party designated under subsection (b)(3) of this section does not make the required corrections in the specified time period. The Public Works Director and Assigns shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. subch. VII of ch. 66. Sec. 35-66- Financial guarantee. (a) Establishment of the guarantee. The Public Works Director and Assigns may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Public Works Director and Assigns. The financial guarantee sh all be in an amount determined by the Public Works Director and Assigns to be the estimated cost of construction and the estimated cost of ma intenance of the stor mwater management practices during the period which the designa ted party in the maintenance agreement has maintenance responsibility. The financ ial guarantee shall give the Public Works Director and Assigns the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater mana gement plan, upon written noti ce to the responsible party by the Public Works Director and Assigns 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 Public Works Director and Assigns shall release the portio n of the financial guarantee established under this section, le ss any costs incurred by the Public Works Director and Assigns to complete insta llation of practices, upon submission of "as built plans" or "record" drawings by a li censed professional engineer. The Public DRAFT TT llowing T require T cess the T necessary to T ed in accordance w TFT ssign to maintain public FT rm the r FT sults, and to specifically indicate FT ormwate FTFT under subsection (b)(3) of AFT he stormwater manag AFT and Assigns of AF ve actions AF me a Works D AF ublic Works Director and Assigns to p AF pection report if the responsible party AF tion does not make the required correct RAF blic Works Director and Assig sh RA the money as a special charge RA Wis. Stats. subch. VII of ch. 66. RARA ncial guarantee. RA ablishment of the gua Publi RA submittal of a financial guarantee, the form RA e Public Works Director and As he fina RA termined Public Works Director and DR ruction and the estimated cost of main DR s during the DR has maintenance res DR Director and Assigns th DR anagement practices if t DR pproved stormwater m DR Public Works Direc DD tions DD (1) The D guar D D Page 16 of 42 Ordinance #25-13 Page 14 of 24 Works Director and Assigns may make provis ions for a partial pro-rata release of the financial guarantee based on the comp letion of various development stages. (2) The Public Works Director and Assigns shall release the portion of the financial guarantee established under this section to ensure maintenance of stormwater practices, less any costs incurred by the Public Works Director and Assigns, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement. Sec. 35-67 Fee Schedule. The fees referred to in other sections of th is article shall be established by the Public Works Director and Assigns and may from time to time be modified by resolution. A schedule of the fees established by the Public Works Director and Assigns sh all be available for review in the office of the village clerk. Sec. 35-68 Enforecement. (b) The Public Works Director and Assigns shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. (c) Upon receipt of written notification from the Public Works Director and Assigns under subsection (b) of this section, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this article. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Public Works Director and Assigns in the notice. (d) If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the Public Works Director and Assigns may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Public Works Director and Assigns plus interest and legal costs shall be billed to the responsible party. (e) The Public Works Director and Assigns is authorized to post a stop work order on all land disturbing construction activity that is in violation of this article, or to request the municipal attorney to obtain a cease-and-desist order in any court with jurisdiction. (f) The Public Works Director and Assigns may revoke a permit issued under this article for non-compliance with article provisions. (g) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Public Works Director and Assigns or by a court with jurisdiction. (h) The Public Works Director and Assigns is authorized to refer any violation of this article, or a stop work order or cease and desist order issued pursuant to this article, to the municipal attorney for the commencement of further legal proceedings in any court with jurisdiction. (j) When the Public Works Director and Assigns determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Public Works Director and Assigns or a party designated by the DRAFT T tages T the finan T ormwate T d Assign T on to another TTFTFT ll be esta blic FT modified by resolution. A schedule FT Assigns FTFT ssigns shall notify the responsible party by certifotify the respon sturbing construction activity or post-constructioon activit the nature of the violation, remedial actions nthe nature of the violation, remed ee and additional enforcement action which may bnd additional enforcement action whic n notification from the Public Works Director anfication from the Public Works Director f this section, the responsible party shall correct won, the responsible party shall correct w rmwater management plan or other provisions ofgement plan or other provisions shall make corrections as necessary to meet the tions as necessary to meet the orth by the Public Works Director and Assigns inrth by the Public Works Director a olations to a permit issued pursuant to this articlolations to a permit issued pursuan to properties, public facilities, or waters of the sto properties, public facilities, or wate Assigns may enter the land and take emergency aAssigns may enter the land and take emerg mage. The costs incurred by the Public Works Dmage. The costs incurred by the Public Works legal costs shall be billed to the responsible partgal costs shall be billed to the responsible part (e) The Public Works Director and Assigns ihe Public Works Director and Assigns i land disturbing construction activity that iturbing construction activity that i municipal attorney to obtain a municipal attorney cease-an (f) The Public Works Director and A(f) The Public Works D for non-or non-compliance with article pcompliance with (g) Any permit revocation, stny permit revocation, s effect unless retracted by tnless retracted by t jurisdiction.on. (h) The Public Workublic article, or a stop wr a sto municipal attoipal atto jurisdictionjurisdiction (j) When(j) When issuedissued Page 17 of 42 Ordinance #25-13 Page 15 of 24 Public Works Director and Assigns may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The Public Works Director and Assigns shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to section 35-66. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed. Sec. 35-69 Appeals. (a) Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director and Assigns in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship. (b) Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the Public Works Director and Assigns. Sec. 35-97 Authority. (c) The village board hereby designates the Public Works Director and Assigns to administer and enforce the provisions of this article. Sec. 35-100 Applicability of article. This section shall apply to all water en tering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the Public Works Director and Assigns. Sec. 35-101 – Responsibility for administration. The Public Works Director and Assigns sh all administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon may be delegated to persons or entities acting in the beneficial interest of or in the employ of the village. Sec. 35-104 – Suspension of MS4 access. (b) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will notify a violator of the proposed termination of its MS4 access. The violator has a maximum of 72 hours (or less if the Public Works Director and Assigns believes necessary) from written notification to correct the illicit discharge before access is terminated. DRAFT e wite wit rks Directorks Dire f performing thisf perform ecurity posted ecurity p lished, or where such lished, or wh nses shall be entered on ses shall be entered ted with any other taxes d with any other taxes ed pursuant to section 2-182, pursuant to ed pursuant to section de appeals where it is alleged that there is de appeals where it is alleg n made by the Public Works Director and made by the Public Work e board shall also use the rules, procedures, hall also use the ru ute in hearing and deciding appeals. Upon appeaand deciding from the provisions of this article that are not coof this a e owing to special conditions a literal enforcemene owing to special conditions a liter ary hardship.ry hardship. peals to the board of appeals may be taken by anyo the board of appeals may be taken by a , department, board, or bureau of the village affent, board, or bureau of the village affe ic Works Director and Assigns. ctor and Assigns. y. y. llage board hereby designates the Public Works llage board hereby designates the P ster and enforce the provisions of this article. ster and enforce the provisions of this a 100 Applicability of article. 00 Applicability of article. This section shall apply to all water entering ts section shall apply to all water entering t ndeveloped lands unless explicitly exempted by ands unless explicitly exempted by Sec. 35Sec. 35-101 – -101 – Responsibility for administResponsibility The Public Works Director and A The Public Works Directo provisions of this section. Any powerf this section. Any pow persons or entities acting in the beies acting in the be Sec. 35-104 – Suspension ospens (b) Suspension dension MS4 in viS4 in v terminatermina violaviola ofof Page 18 of 42 Ordinance #25-13 Page 16 of 24 Sec. 35-110 Appeals. (a) Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b) shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director and Assigns in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions, a literal enforcement of the article will result in unnecessary hardship. (b) Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the Public Works Director and Assigns. Sec. 36-1 Sidewalk construction and repair. (a) Standards and specifications; state law adopted. Wis. Stats. § 66.0907 relating to the construction and repair of sidewalks is adopted by reference and made a part of this section. Specifications for sidewalks to be constructed are on file with the Public Director and Assigns. Works Any variation from the standard specifications shall be approved by the Public Works Director and Assigns. (b) Village sidewalk system. The village shall have the discretion on a case-by-case basis to determine costs for sidewalks constructed, repaired, or replaced on private property required for inclusion as part of the village public sidewalk system. The Public Works Director and Assigns shall determine what constitutes the village sidewalk system, as adopted by resolution. (c) Costs. (1) Repair and replacement. The village will provide 50 percent of the repair or replacement costs of sidewalks in the village that have lasted their expected service life. The balance of the costs shall be borne by the property owner. In the event of sidewalks damaged prematurely due to property owner or contractor error, the property owner will be responsible for 100 percent of the replacement costs. The need for replacements will be at the discretion of the Public Works Director and Assigns. (2) New sidewalks. The property owner shall provide 100 percent of the costs of new sidewalk construction in the village. (3) Authority of property owner to alter; approval required. Property owners may, at their expense, construct, repair, or replace sidewalks, provided the Public Works Director and Assigns approves the alignment, grade, thickness, concrete mix, base and timing. Sec. 38-14 Fees. (e) Plan review fee. The subdivider shall pay a fee at the time of submission of improvements plans and specifications to partially cover the cost to the village of checking and reviewing such plans and specifications. This fee shall be estimated, using actual costs by staff. The fee may be recomputed upon demand of the subdivider or Public Works Director and Assigns, after completion of improvement construction in accordance with the actual cost of such improvements, and the difference, if any, shall be DRAFT pursupursu that there isthat ther Director and Director s, procedures, s, proced peals. Upon appeal, peals. Upon a ticle thticle that are not contraryat are not con a literal enforcement of the literal enforcement of th may be taken by any aggrieved may be taken by any aggrieved u of the village affected by anyu of the v ns. ns. law adopted.ed. Wis. Stats. § 66.0907 relating to th Wis. Stats. § 6 is adopted by reference and made a part of this ference and lks to be constructed are on file with the Public lks to be constructed are on file D tion from the standard specifications shall be apption from the standard specifications nd Assigns. Assigns. em. The village shall have the discretion on a cavillage shall have the discretion on a ca sidewalks constructed, repaired, or replaced on onstructed, repaired, or replaced on on as part of the village public sidewalk systeme village public sidewalk system siggns shall determine what constitutes the villagns shall determine what constitutes the villag esolution. solution. RA Repair and replaceme lage w RA replacement costs of sidewalks in the villag RA life. The balance of the costs shall be borne b RA sidewalks damaged prematurely due to pro DR roperty owner will be responsible for 1 DR eplacements DR ( w sidewa DR sidewalk constructi DR (3) Authority of prope DR heir expense, construct, DR ctor and Assigns a D ming. D Sec. 38Se -14 Fees. (e) Plan reviewan revie improvemeimproveme checkingchecking actuaactua PP Page 19 of 42 Ordinance #25-13 Page 17 of 24 paid by or remitted to the subdivider. Evidence of cost shall be in such detail and form as provided by the Public Works Director and Assigns. (f) Inspection fee. The subdivider shall pay a fee equal to the actual cost to the village for such inspection as the Public Works Director and Assigns deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority. Inspection fees shall be paid as they are accrued. (g) Engineering fee. The subdivider shall pay a fee equal to the actual cost to the village for all engineering work incurred by the village in connection with the plat and such fees shall be paid as they accrue. Engineering work may include the preparation of construction plans and standard specifications. The Public Works Director and Assigns may permit the subdivider to furnish all, some or part of the required construction plans and specifications, in which case no engineering fees shall be levied for the preparation of such plans and specifications, except that fees shall be leviable for the review of plans submitted in accordance with this chapter. Sec. 38-61 Information to be included. (b) The preliminary plat submittal shall also include: (19) Street plans and profiles. These plans and profiles shall show existing ground surface; proposed and established street grades and profiles; and street extensions beyond the limits of the subdivision when required. All elevations shall be based on U.S.G.S. datum, and plans and profiles shall meet the approval of the Public Works Director and Assigns. (20) Borings and soundings in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table, in event the Public Works Director and Assigns requires such. Sec. 38-143 Street design standards. (c) Cul-de-sac streets designed to have one end permanently closed shall not exceed 500 feet in length without approval of the village, and in no event exceed 1,000 feet. The turnaround portion of the cul-de-sac shall be subject to the approval of the Public Works Director and Assigns. In no case shall the turn portions be less than 60 feet radius for the right-of-way. Temporary cul-de-sac streets shall be constructed at the ends of streets within the subdivision that are planned to be extended either within the subdivision or to adjacent parcels or subdivisions outside the subdivisions. These temporary cul-de-sacs are subject to the approval of the village. Sec. 38-147 Easements. (d) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the village shall require an adequate drainageway or easement. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Public Works Director and Assigns; and parallel streets or parkways may be required in connection therewith. Where necessary, storm sewer drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate potential volumes of flow. These design details are subject to review and approval by the Public Works Director and Assigns. DRAFT he village fhe villag ary to assure that ary to ass he plans, he plans ntal authority. ntal authority. he actual cost to the village he actual cost to the villag tion with the plat and such fees tion with the plat and such fees lude the preparation of lude the Public Works Director and Assigns Public Works Director and Assigns part of the required construction plans part of the required c ng fees shall be levied for tng fees shall be levied for he preparation t fees shall be leviable for the review of plans ees shall be leviable for th r. ttal shall also include:ttal shall al AF es. These plans and profiles shall show AF ished street grades and profiles; and stre AF vision when required. All elevations RA profiles shall meet the approval RARA ngs and soundings in specified area RA onditions, including depth to bedr RA nt the Public Works Director and Assig RA 43 Street design standards.43 Street design standards. (c) Cul-de-sac streets designed to have one enCul-de-sac streets designed to have one en feet in length without approval of the viet in length without approval of the vi turnaround portion of the cul-de-sac around portio Works Director and Assigns. In noWorks Director radius for the right-of-way. Temradius for the right- ends of streets within the subends of streets within subdivision or to adjacentubdivision or to adjacen temporary cul-porary de-sacs acs Sec. 38-147 Easements. ment (d) Where a subdivia su the village shillage alignment ignmen approvaapprova maymay shsh Page 20 of 42 Ordinance #25-13 Page 18 of 24 Sec. 38-167 Required; contract and bond. (e) Contractors and subcontractors who are engaged in the construction of street and utility improvements on dedicated street rights-of-way shall be subject to approval of the Public Works Director and Assigns. Sec. 38-168 Standard specifications. All improvements shall comply with the approved standard specifications of the village, which are on file with the Public Works Director and Assigns. These requirements would apply to new subdivisions within the village and to subdivisions within 1½ miles of the corporate limits of the village. Sec. 38-169 Survey monuments. The subdivider shall install survey m onuments placed in accordance with the requirements of Wis. Stats. ch. 236 and as may be required by the Public Works Director and Assigns. Sec. 38-170 Grading. After the installation of temporary block corner monuments or other survey control points by the subdivider and establishment of street grades by the village, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with the plans and standard specifications approved by the Public Works Director and Assigns. The subdivider shall grade the roadbeds in the street rights-of-way to sub-grade together with side slopes beyond the right-of-way as required. Sec. 38-174 Curb and gutter. After installation of all underground utilities and improvements required by the village, the subdivider shall construct concrete curb and gutter in accordance with the standard specifications on file at the Village. Curb and gutter standards shall provide for the construction of concrete curb and gutter, using a 30-inch curb and gutter specification. Sec. 38-175 Rural street sections. When rural street sections have been approved by the village board, the subdivider shall finish grade of all shoulders and ditches, install all necessary culverts to prevent erosion and sediment in accordance with plans and standard specifications on file at the Village. Sec. 38-176 Surfacing. After the installation of all utility, sanitary sewer, storm sewer, water mains and other improvements, the subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations, and shall be constructed in accordance with the standard specifications of the village which are on file at the Village. Street surfacing standards shall provide for requirements no less stringent than the following: (2) Streets shall have an asphalt binder course of material as determined and specified by the Standard Specifications of the Village applied to such streets and shall not be less than three inches thick on any street after being rolled and compacted. This shall DRAFT et andet and o approval o approv ecifications of the village, cifications of the villa e requirements would apply e requirements would apply n 1½ miles n 1½ mi of the corporate limits te limits nts placed in accordance with the s placed in accordance wit e required by the Public Works Director and ired by the Public Wo orary block corner monuments or other survey crary block corner monuments or other ent of street grades by the village, the subdividerstreet grades by the village, the subdivid of all streets proposed to be dedicts proposed to be dedicated in accordaated in accorda approved by the Public Works Director and Asshe Public Works Director and A in the street rights-of-way to sub-grade together -of-way to sub-grade together quired.quired. urb and gutterurb and . r installation of all underground utilities and impr installation of all underground utilities an vider shall construct concrete curb and gutter in vider shall construct concrete curb and gutter in ications on file at the Village. Curb and gutter stions on file at the Village. Curb and gutter st concrete curb and gutter, using a 30-inch curb anurb and gutter, using a 30-inch curb an Sec. 38Sec. 38--175 Rural street sections175 Rural street se . When rural street sections have be When rural street sectio finish grade of all shoulders and ditchee of all shoulders and d sediment in accordance with plans accordance with plans Sec. 38-176 Surfacing. acing After the installatiinstal improvements, the subdimprovements, the su the widths prescribethe widths prescribe tandard specificatandard specifica l provide fl provide f D ( Page 21 of 42 Ordinance #25-13 Page 19 of 24 be followed by a final Asphalt Surface Course as determined and specified by the Standard Specifications of the Village that shall not be less than two inches thick after being rolled and compacted. Sec. 38-177 Compaction. (a) Trench compaction. All fill within trenches shall be compacted by means of mechanical vibration in one-foot lifts. Spoil material, minus topsoil, vegetation and all detrimental objects (including, but not limited to, asphalt, concrete chunks, scrap metal, building materials, and large rocks), as approved by the Public Works Director and Assigns, may be used as backfill. All spoil material shall be compacted to a minimum compaction of 96.5 percent standard proctor, with an average of 98 percent standard proctor. Four tests shall be taken every 100 feet until the first 300 feet of the trench backfill has met the compaction standards as set forth in this section. For each 100 feet, two tests shall be taken when the trench has been backfilled halfway, and two tests shall be taken when the trench is completely backfilled. Upon verification that the 300 feet of the trench has passed the minimum compaction requirements, and that satisfactory compaction requirements, and that satisfactory compaction methods are being followed, the contractor has two options for verifying the compaction on the remaining length of the trench: (b) Sub-base compaction. Undisturbed soil, exposed during grading, lying just below the proposed base, shall be rolled with a vibrating roller just prior to base application. A minimum of two passes shall be required. The contra ctor shall not be required to provide density tests on this m aterial if the minimum required passes are performed to the satisfaction of the Public Works Director and Assigns. If the sub- base has been substantiall y disturbed, or if fill is sub-grade, then a minimum compaction of 103 percent existing density or 96.5 percent standard proctor (at a minimum of 101 percent existing) is requ ired. Fill lifts shall be limited to a maximum of one foot. Minimum tests for verification of comp action shall be: one density test per 100 feet. Sec. 38-179 Sidewalks. (a) The subdivider shall constr uct a concrete sidewalk on one side of all frontage roads and on both sides of all other streets within the subdivision. Sidewalks shall be a minimum of five feet in width. The design and construction of all sidewalks shall be in accordance with plans and standard specifications which are on file with the Public Works Director and Assigns. Sec. 38-180 Other Utilities. The subdivider shall cause gas, electrical power and communication facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. All electrical and communication service shall be buried underground and shall be placed within easements or dedicated public ways in a manner which will not conflict with other municipal underground facilities. Plans indicating the proposed location of all gas, electrical power and communication lines shall be approved by the Public Works Director and Assigns. The cost of installing conduit to be used for the installation of dark fiber shall be refunded to the then current DRAFT T thic TT by means of by means of topsoil, vegetation and topsoil, vegetation a halt, concrete chunks, scrap halt, concrete chunks, scrap d by the d by th Public Works Director Director erial shall be compacted to a erial sha roctor, with an average of 98 percentroctor, with an average of 98 percent ry 100 feet until the first 300 feet of the ry 100 feet until the ndards as set forth in this section. For each ndards as set forth in this s he trench has been backfilled halfway, and trench has been backfille nch is completely backfilled. Upon verification ompletely backfilled passed the minimum compaction requirements, nimum compa quirements, and that satisfactory compaction met satisfac ractor has two options for verifying the compactractor has two options for verifyin ench: nch: AF isturbed soil, exposed during grading, ly AF olled with a vibrating roller just prior RAF wo passes shall be required. The RA s on this material if the minim RA o the satisfaction of the Public Works Director RA been substantially disturbed, or i RA action of 103 percent existing dens RA nimum of 101 percent existing) is requi RA maximum of one foot. Minimum tests for v RA density test per 100 feet. RADR idewalks. (a)( The subdivider shall construct a conubdivider and on both sides of all other streand on both sides minimum of five feet in widthminimum of five fee inin accordance with plans an accordance with plan Works Director and Assorks Director and Ass Sec. 38-180 Other Utilitiesr Uti The subdivider shivider installed in such a maninstalled in such a ma All electrical and coAll electrical and co asements or dedasements or ded erground ferground f unicaunica Page 22 of 42 Ordinance #25-13 Page 20 of 24 property owner in accordance with the terms of the subdivision improvement agreement, when the dark fiber is lit. Sec. 38-181 Street lamps. The subdivider shall install street lamps along the streets proposed to be dedicated to the village, of a design compatible with the neighborhood and type of development proposed. Such lamps shall be placed on each street intersection and at such interior block spacing to provide the required footcandles of lighting intensity as may be required by the Public Works Director and Assigns. Sec. 38-184 Acceptance of improvements. (b) The acceptance of the utilities (sewer and water) shall be affected by passage of a resolution of the village board. The acceptance of all other improvements shall also be affected by a passage of a separate resolution by the village board. Both resolutions shall be based upon the Public Works Director and Assigns certification that improvements have been properly installed and completed, and that the village has adequate security for the correction of defects for a period of one year from the date of acceptance of such improvements. Normal operating costs, such as street lighting electricity, pump station electricity, and maintenance, such as snow plowing and street sweeping, shall be assumed by the village from the time of assuming the use of the improvements. Sec. 38-207 Commencement. No construction of improvements shall commence in a proposed subdivision until the final plat or certified survey map has been approved, the plans pertaining to the work which is proposed to be commenced are approved, the plan review fees are paid, and the Public Works Director and Assigns has given written authorization to commence work. Sec. 38-208 Plans. The following plans, together with cal culations and accompanying construction specifications, shall be required by the village before authorization of construction or installation of improvements. All street and utility plans shall be drawn to a horizontal scale of one inch to 40 feet and a vertical scale of one inch to four feet on standard 24-inch by 36-inch plan-profile sheets, unless other scales and sizes are approved by the Public Works Director and Assigns. Elevations shall be referenced to mean sea level datum and benchmarks indicated on the plans. (6) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion shall generally follow the guidelines and standards set forth by the state department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the Public Works Director and Assigns. (7) Additional special plans or information as may be required by the Public Works Director and Assigns. Sec. 38-209 As-built plans.DRAFT be dedicated to the be dedica pment proposed. Such pment proposed ock spacing to provide the ock spacing to provid Public Works Director and Public Works Director and ater) shall be affected by passage of a ater) shall be affected by ptance of all other improvements shall also tance of all other improvem resolution by the village board. Both ution by the village bo Public Works Director and Assigns certificationrks Director and operly installed and completed, and that the villand comple correction of defects for a period of one year frocorrection of defects for a perio improvements. Normal operating costs, such as improvements. Normal operating cos mp station electricity, and maintenance, such as sntation electricity, and maintenance, such shall be assumed by the village from the time ofassumed by the village from the time o ements. ement.ment. tion of improvements shall commence in a proption of improvements shall comme fied survey map has been approved, the plans pefied survey map has been approved, e commenced are approved, the plan review feese commenced are approved, the plan rev nd Assigns has given written authorization to comnd Assigns has given written authorization to 38-208 PlansPlans. . The following plans, together with calcullowing plans, together with calcul specifications, shall be required by the village specifications, shall be requ of improvements. All street and utility planof improvements. All street an 40 feet and a vertical scale of one inch to40 feet and a vertical scale of on sheets, unless other scales and sizes ass other scales and sizes Elevations shall be referenced to mll be referenced to m DR rosion D the ra D nt ero D e depar D Practice D (7) Ad D Dir D Page 23 of 42 Ordinance #25-13 Page 21 of 24 After completion of all public improvements and prior to final acceptance of the improvements, the subdivider shall make or cause to be made maps showing the actual location of all valves, manholes with elevations, stubs, sewer and water mains, sewer and water laterals, and other such facilities as the Public Works Director and Assigns may require. The subdivider shall provide the village as-built working drawings of sewage lift stations, water pump house facilities, together with manufacturer's guarantees on equipment where in force. Such maps, plans, and drawings shall be provided on a reproducible medium and supplied on an AutoCAD compatible file on a 3.5 inch disc. Sec 38-210 Inspection. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Public Works Director and Assigns to provide inspection of the work. Sec. 38-229 Design criteria, standards and specifications for control measures. All control measures required to comply with this chapter shall meet the design criteria, standards and specifications as set forth in the department of natural resources' Wisconsin Construction Site Best Management Practice Handbook, or as directed by the Public Works Director and Assigns. Sec. 38-230 Maintenance of control measures. All sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the subdivider or subsequent land owner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The standards for maintenance of control measures shall be set forth in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the Public Works Director and Assigns. Sec. 38-235 Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting acceptance design, criteria, standards and specifications approved by the Public Works Director and Assigns. Sec. 38-236 Additional requirements for runoff sites. (d) Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections (d)(1) and (2) or (d)(1) and (3) of this section. (1) All disturbed ground left inactive for 14 or more days shall be stabilized by temporary or permanent seeding; temporary or permanent seeding and mulching; sodding; covering with tarps; or equivalent control measures. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted and specified in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook" or by the Public Works Director and Assigns. Variances from the requirements of this subsection may be granted by the Public Works Director and Assigns upon application, but only if the failure to comply is due to extended DRAFT l local loca ater lateralsater later The subdivider The subd ter pump house ter pump orce. Such maps, orce. Such m pplied on an AutoCAD pplied on an AutoC hin the subdivision, shall make hin the su ns to provide inspection of the work. ns to provide inspecti ifications for control measures. tions for control meas y with this chapter shall meet the design criteriachapter shall me he department of natural resources' Wisconsin natural res ctice Handbook, or as directed by the Public Woctice Handbook, or as directed b ntrol measures. easur asins and other control measures necessary to mer control measures necessary to m aintained by the subdivider or subsequent land oubdivider or subsequent land o d land development of the site in a satisfactory md land development of the site in a prevent nuisance conditions. The standards for prevent nuisance conditions. The e set forth in the department e set forth in the dep of natural resourcesf natu ment Practice Handbook," or as directed by the Pment Practice Handbook," or as directed -235 Drain inlet protection. 35 Drain inlet protection. All storm drain inlets shall be protected withtorm drain inlets shall be protected with arrier meeting acceptance design, criteria, standacceptance design, criteria, stand Works Director and Assigns. Works Director and Assign Sec. 38-236 Additional requirements 36 Additional requirem (d) Runoff from the entire diunoff from the entire d subsections (d)(1) and (2)ons (d)(1) and (2) (1) All disturbe) All temporary ompora sodding; odding seedinseedin stabstab dd Page 24 of 42 Ordinance #25-13 Page 22 of 24 periods of rain or other construction delays beyond the control of the responsible party. (e) Runoff from sites on slopes of 12 percent or more slope may require additional or different controls than listed in subsection (d) of this section. Requirements for such slopes shall be specified by the Public Works Director and Assigns. (f) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Straw bales or filter fence barriers shall be placed immediately on the downslope side of the piles. If remaining for more than 30 days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm-drain inlets must be protected with straw bales or other appropriate filtering barriers. If any soil or dirt storage pile described in this subsection is in existence for more than six months, the filter fabric or straw bales shall be replaced upon order by the Public Works Director and Assigns. Sec. 38-266 Required; application submission. No landowner or land user may commence a land disturbance or land development activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the village. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this chapter shall submit an application for a permit, together with a control plan and pay an application fee to the village. The applicant may file supplemental information to comply with directives resulting from the Public Works Director and Assigns initial review. By submitting an application, the applicant is authorizing the Public Works Director and Assigns and village building inspector to enter the site to obtain information required for the review of the control plan. Sec. 38-269 Review of control plan. (c) Within three days of receipt of the applica tion, a copy thereof, together with a copy of the control plan for activities covering more than one acre, shall be delivered to the Public Works Director and Assigns for initial review. (d) If the Public Works Director and Assigns or village building inspector finds the application or control plan or statement to be lacking n ecessary information or not in compliance with this chapter, the applicant shall be notified of the inadequacy as soon as practical after review. Sec. 38-270 Permits. (c) Conditions. All permits shall require the permittee to: (8) Allow the Public Works Director and As signs or building inspector or agent of the village to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work n ecessary to bring the site into compliance with the control plan. Sec. 38-289 Inspection. DRAFT itional or itional o nts for such nts for su ds of material should ds of materia feet to a roadway or feet to a roadway o placed immediateaced immediately on the ly on th days, they shall be stabilized days, they shall be stabilized street utility repair or street u han 25 feet of a rhan 25 fe oadway or drainage age ernative control if exposed for more ernative t be protected with straw bales or other t be protected with straw irt storage pile described in this subsection is t storage pile described in e filter fabric or straw bales shall be replaced fabric or straw bales or and Assigns. gns. mission.mis ay commence a land disturbance or land developy commence a land disturbance or lan hout receiving prior approval of a control plan foreceiving prior approval of a control pla t one landowner or land user controlling or usingdowner or land user controlling or using disturbing or land developing activity subject to land developing activity subject to a permit, together with a control plan and pay anr with a control plan and pay an may file supplemay file ental information to comply witl information to comply wit rks Director and Assigns initial review. By submks Director and Assigns initial rev rizing the Public Works Director and Assigns anrizing the Public Works Director an o obtain information required for the review of tho obtain information required for the rev 269 Review of control plan. 69 Review of control plan. ithin three days of receipt of the application, a cn three days of receipt of the application, a c control plan for activities covering more than onlan for activities covering more than on Director and Assigns for initial review.d Assigns for DR (d) If the Public Wo DR application or cont DR in compliance with th DR oon as practical after r DRD mits. (c) Conditions.ions.C All p D llow t D village D control D with DD 28 Page 25 of 42 Ordinance #25-13 Page 23 of 24 (a) The Public Works Director and Assign s or building inspector may post a stop-work order if: (1) Any land disturbing or land developing ac tivity regulated under this article is being undertaken without a permit; (2) The control plan is not being implemented in a good faith manner; or (3) The conditions of the permit are not being met. (e) Ten days after posting a stop-work orde r, the Public Works Director and Assigns may issue a notice of the intent to perform work necessary to comply with this article. The Public Works Director and Assigns ma y go on the land and commence the work after 14 days from issuing the notice of inte nt. The costs of the work performed by the village, plus interest at the rate authorized by the village shall be billed to the permittee or the landowner. In the event the permitt ee or the landowner fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special charge against the property pursuant to Wis. Stats. § 66.60(16). Sec. 48-63 Appeals and applications. Appeals from the decision of the zoning officer concerning the literal enforcement of this chapter may be made by any pe rson aggrieved or by any officer , department, board, or bureau of the village. Such appeals shall be filed with the clerk within 30 days after the date or written notice of the decision or order of the zoning officer. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any ti me and shall be filed with the clerk. Such appeals and applications shall include the following: (1) Name and address of th e appellant or applicant a nd all abutting and opposite property owners of record within 500 feet of the subject property. (2) Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required on the standard village application. (3) Additional information required by the village plan commission, Public Works Director and Assigns, board of appeals, or zoning officer. Sec. 48-177 Parking. (a) Generally. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following: (1) Adequate access to a public street shall be provided for each parking space, and driveways shall comply with village standards on file with Public Works Director and Assigns. Sec. 48-243 Application. (4) Additional information as may be required by th e plan commission, Public Works Director and Assigns, village administrator , building inspector, or village board. Section 47. This ordinance shall be in full force and effect from and after its passage and posting or publication as provided by law. Section 48. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful, or DRAFT TT s article TT nner; or TT Director and Assig T comply his articl FT nd and commence the work FT ts of the work performed by the FT lage shall be billed to the permitt ee FT e landow FT e tax rolls and collect as FT 66.60( AFT fficer concerning the literal enforcement of thisthe literal grieved or by any officer , department, board, orgrieved or by any officer, depart filed with the clerk within 30 daysiled with the clerk within 30 days after the dateaf he zoning officer. App lications may be made boning officer. Applications may be ma or water to be affected at any time and shall ber to be affected at any time and shall be ications shall include the following:ll include the following: RA ppellant or applicant and all abu RA ners of record within 500 feet of the subject pr RA of survey prepared by a registered RA le, showing all of the information r RA Additional information required by th RA Director and Assigns, board of appeals, or RA 8-177 P77 Parking.arki (a) Generally.enerally. In all districts and in connecn all districts and in connec at the time any use or building is erectedme any use o parking stalls for all vehicles in accorparking stalls for al DR (1) Adequate acces DR driveways shall comp DR nd Assig Sec. 48-243 Application.licati (4) Additional informonal Director and Assiand A SectionSection 47.. This oThis o publication apublication a Page 26 of 42 Ordinance #25-13 Page 24 of 24 unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. Section 49. The Village Clerk and Village Administrator are authorized and directed to make all changes within the Village of Jackson Code of Ordinances necessary to reflect this Ordinance. Introduced by: Seconded by: Vote: aye nay Passed and approved VILLAGE OF JACKSON B y : Brian J. Heckendorf, Village President Attest: Jacqueline Schuh, Village Clerk Proof of Posting: I, the undersigned, certify that I posted copies of this Ordinance on posting boards at the Jackson Municipal Complex, Post Office and one other location in the Village. Village Official Date DRAFT ns, ons, o ll force andll force his ordinhis ordinance are d and directed to make all d and directed to mak y to reflect this Ordinance. y to reflect this Ordinance. FT Passed and approved Passed and approved FT VILLAGE OF JACKSONVILLAG B y : B y : AF Brian J. Heckendorf Brian J. Heckendorf , Vill, Vifff RA Village Village ClerkClerk Proof of Posting: Proof of Po DR I, the undersigned, certify that I posted coI, the undersigned, certify that Municipal Complex, Post Office and oComplex, Post Office a D Village Village Page 27 of 42 1 2 3 4 5 6 7 8 A B C D E F Chapter/Article/Section of Code Adopted Verbiage Proposed Verbiage Link Amending 2-82 "Administration", "Officers and Employees", "Public works director/engineer" (a)Appointment. The public works director/engineer shall be appointed by the village board for an indefinite term, subject to removal pursuant to the provisions of state law or the term of office and conditions of employment may be a matter of written contract between the village and the person appointed to the position. (b)Powers and duties. The powers and duties of the public works director/engineer shall be those as prescribed by state law and as specified by the village board. Just Board appointing the Director (a)Appointment. The public works director/engineer shall be appointed by the village board for an indefinite term, subject to removal pursuant to the provisions of state law or the term of office and conditions of employment may be a matter of written contract between the village and the person appointed to the position. (b)Powers and duties. The powers and duties of the public works director /engineer shall be those as prescribed by state law and as specified by the village board. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H2AD_ARTIIIOFEM_DIV2SPOF_S2- 82PUWODIEN https://docs.legis.wisconsi n.gov/statutes/statutes/66/ vii/0703/9 Amending 2-277 (7) "Administration", "Finance", "Preliminary resolution" Whenever the village board shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this section, it shall adopt a preliminary resolution setting forth the following: (7)A directive that the village engineer prepare a report as required in this division. Director of Public Works can set up the report, there does not appear that an "Engineer" needs to assemble the report. I have always refeered to the report as "Engineers Report", Stats refeer to it as just "Report" ("governing body…..direct the proper municipal officer or employee to make a report on the proposal" ) https://docs.legis.wisconsin.gov/st atutes/statutes/66/vii/0703/9 Whenever the village board shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this section, it shall adopt a preliminary resolution setting forth the following: (7)A directive that the village engineer Public Works Director and Assigns, prepare a report as required in this division. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H2AD_ARTVFI_DIV3SPAS_S2-277PRRE https://docs.legis.wisconsi n.gov/statutes/statutes/66/ vii/0703/9 Amending 2-278 "Administration", "Finance" "Report of the village engineer " Public Works Director (a)Whenever the village board, by preliminary resolution, directs the village engineer to prepare a report, the village engineer shall prepare a report consisting of the following: (b)Upon completion of the report, the village engineer shall file a copy of the report with the village clerk. Public Works Director can do this. Design engineer can assist if needed. (a)Whenever the village board, by preliminary resolution, directs the village engineer Public Works Director to prepare a report, the village engineer Public Works Director shall prepare a report consisting of the following: (b)Upon completion of the report, the village engineer Public Works Director shall file a copy of the report with the village clerk. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H2AD_ARTVFI_DIV3SPAS_S2-278REVIEN Amending 8-168 (a) "Buildings and Construction", "Building and Technical Codes", "Private well abandonment" (a)Coverage. All private wells, including geothermal wells, located on any premises, which are served by the public water system of the village, shall be properly filled by such time and in such manner as set forth by resolution. Only those wells for which a well operation permit has been granted by the village engineer may be exempted from this requirement, subject to conditions of maintenance and operation. Does not need a P.E. to issue this permit. Could be the Village in general, Clerk, Public Works Director.... Sample permit here: https://villageofhoward.com/Docu mentCenter/View/1011/Well- Operation-Permits-PDF (a)Coverage. All private wells, including geothermal wells, located on any premises, which are served by the public water system of the village, shall be properly filled by such time and in such manner as set forth by resolution. Only those wells for which a well operation permit has been granted by the village engineer Public Works Director may be exempted from this requirement, subject to conditions of maintenance and operation. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H8BUCO_ARTIIIBUTECO_DIV2PL_S8- 168PRWEAB Amending 8-168 (b)(2) "Buildings and Construction", "Building and Technical Codes", "Private well abandonment" (b)Well operation permits. Application shall be made on forms provided by the village engineer. A permit may be granted to a well owner to operate a well for a period of three years if the following requirements are met: (2)The well has passed an inspection by a DNR licensed well inspector and DNR form 3300-221, the state well and pressure system inspection form, is on file with the village engineer. The inspection form on file shall be no greater than ten years old. Does not need a P.E. to issue this permit. Could be the Village in general, Clerk, Public Works Director.... (b)Well operation permits. Application shall be made on forms provided by the village engineer Public Works Director . A permit may be granted to a well owner to operate a well for a period of three years if the following requirements are met: (2)The well has passed an inspection by a DNR licensed well inspector and DNR form 3300-221, the state well and pressure system inspection form, is on file with the village engineer Public Works Director . The inspection form on file shall be no greater than ten years old. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H8BUCO_ARTIIIBUTECO_DIV2PL_S8- 168PRWEAB Amending 8-168 (c-d) "Buildings and Construction", "Building and Technical Codes", "Private well abandonment" (c)Methods. Wells to be abandoned shall be filled according to the procedures outlined in Wis. Admin. Code ch. NR 812. The pump and piping must be removed and the well checked out, by the village water utility department, for obstructions and cross connections prior to plugging. Any obstruction or liner must be removed. An abandonment permit must be obtained from the office of the village engineer prior to the beginning of work. (d)Reports and inspection. A well abandonment report must be submitted by the well owner to the department of natural resources on forms provided by that agency (available at the office of the village engineer ). The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of this municipality. Does not need to be a P.E. to issue (c)Methods. Wells to be abandoned shall be filled according to the procedures outlined in Wis. Admin. Code ch. NR 812. The pump and piping must be removed and the well checked out, by the village water utility department, for obstructions and cross connections prior to plugging. Any obstruction or liner must be removed. An abandonment permit must be obtained from the office of the village engineer Public Works Director prior to the beginning of work. (d)Reports and inspection. A well abandonment report must be submitted by the well owner to the department of natural resources on forms provided by that agency (available at the office of the village engineer Public Works Director). The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of this municipality. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H8BUCO_ARTIIIBUTECO_DIV2PL_S8- 168PRWEAB ATTACHMENT FOR REVIEW AMENDING SEVERAL SECTIONS OF VILLAGE CODE PERTAINING TO THE POSITIONS OF VILLAGE ENGINEER AND DPW Page 28 of 42 9 10 11 12 13 14 A B C D E F Amending 35-19 (c) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Authority" (c)The village board hereby designates the village engineer to administer and enforce the provisions of this article. This could be done through the Public Works Director (or his assignes), or maybe by the Building Inspector. (c)The village board hereby designates the village engineer Public Works Director and Assigns to administer and enforce the provisions of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-19AU Amending 35-22 (a)(3) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Applicability and jurisdiction" (a)Applicability. (3)Notwithstanding the applicability requirements in subsection (a) of this section, this article applies to construction sites of any size that, as determined by the village enginee r, 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, or that increases water pollution by scouring or transporting of particulate. Public Works Director could look at case by case basis, and if the Director has concern, reach out to the Engineer assisting the Village, to request review of drainage areas, pipe capacities, flow rate and velocities. (a)Applicability. (3)Notwithstanding the applicability requirements in subsection (a) of this section, this article applies to construction sites of any size that, as determined by the village enginee r Public Works Director and Assigns , 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, or that increases water pollution by scouring or transporting of particulate. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-22APJU Amending 35-23 "Stormwater Management", "Construction Site Erosion and Sediment Control", "Definitions" Business day means a day the office of the village engineer is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the village engineer . Permit means a written authorization made by the village engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Stop work order means an order issued by the village engineer which requires that all construction activity on the site be stopped. Business Day - If Public Works Director is issuing, it should be that office hours (building Inspector) Cease and Desist should be able to be done by Director, Staff, Building Inspector if something is being done in violation. Who is issuing the Permit, Director or Building Inspector ? Stop work should be able to be issued by Director, Staff, Building Inspector etc. as needed. Business day means a day the office of the village engineer Public Works Director and Assigns is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the village engineer Public Works Director and Assigns. Permit means a written authorization made by the village engineer Public Works Director and Assigns to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Stop work order means an order issued by the village engineer Public Works Director and Assigns which requires that all construction activity on the site be stopped. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-23DE Amending 35-24 "Stormwater Management", "Construction Site Erosion and Sediment Control", "Applicability of maximum extent practicable" The term "maximum extent practicable" applies when a person who is subject to a performance standard of this article demonstrates to the village engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the village engineer that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. Chapter 35 covers "Stormwater Management", This would apply to a very broad range of projects. If the Public Works Director is not comfortable in reviewing more complex projects, the Director could assign the review to the Engineer etc. I think this would apply to all of Chapter 35 references. The term "maximum extent practicable" applies when a person who is subject to a performance standard of this article demonstrates to the village engineer's Public Works Director and Assigns, satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the village engineer Public Works Director and Assigns, that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 24APMAEXPR Amending 35-25 (3) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Technical standards" All BMPs required for compliance with this article shall meet design criteria, standards and specifications based on any of the following: (3)Technical standards and methods approved by the village engineer. If the Public Works Director is not comfortable in reviewing more complex projects, the Director could assign the review to the Engineer etc. All BMPs required for compliance with this article shall meet design criteria, standards and specifications based on any of the following: (3)Technical standards and methods approved by the village engineer Public Works Director and Assigns, https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-25TEST Amending 35-28 (a-b) "Stormwater Management", 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 and a permit from the village engineer . (b)Permit application and fees. The responsible party that will 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 35-29, and shall pay an application fee to the village engineer in the amount specified in section 35-30. By submitting an application, the applicant is authorizing the village engineer to enter the site to obtain information required for the review of the erosion and sediment control plan. (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 and a permit from the village engineer Public Works Director and Assigns (b)Permit application and fees. The responsible party that will 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 35-29, and shall pay an application fee to the village engineer Public Works Director and Assigns in the amount specified in section 35-30. By submitting an application, the applicant is authorizing the village engineer Public Works Director and Assigns to enter the site to obtain information required for the review of the erosion and sediment control plan. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 28PEREPRFE Page 29 of 42 15 16 17 18 19 20 A B C D E F Amending 35-28 (c)(2,4,5,6,7,8) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Permitting requirements, procedures and fees" (c)Permit application review and approval. The village engineer shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used: (2)Within three days of receipt of the application, a copy thereof together with a copy of the control plan for activities covering more than one acre shall be delivered to the village engineer for initial review. Within three days of the village receipt of the application, a copy thereof together with a copy of the control plan statement for activities covering less than one acre, shall be delivered to the village building inspector for initial review. If the village engineer or village building inspector finds the application or control plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4)Within 45 days of the filing deadline for the application, control plan, or control plan statement and fee for the plan commission meeting, as required by subsection (b) of this section, the village engineer shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this article. (5)If the permit application and erosion and sediment control plan are approved, the village engineer shall issue the permit. (6)If the permit application or erosion and sediment control plan is disapproved, the village engineer shall state in writing the reasons for disapproval. (7)The village engineer may request additional information from the applicant. If additional information is submitted, the village engineer shall have 45 days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved. (8)Failure by the village engineer to inform the permit applicant of a decision within 45 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. 6.0 PWD can always attach engineers review comments ( ) pp pp g g g y p pp submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used: (2)Within three days of receipt of the application, a copy thereof together with a copy of the control plan for activities covering more than one acre shall be delivered to the village engineer Public Works Director and Assigns for initial review. Within three days of the village receipt of the application, a copy thereof together with a copy of the control plan statement for activities covering less than one acre, shall be delivered to the village building inspector for initial review. If the village engineer Public Works Director and Assigns or village building inspector finds the application or control plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4)Within 45 days of the filing deadline for the application, control plan, or control plan statement and fee for the plan commission meeting, as required by subsection (b) of this section, the village engineer Public Works Director and Assigns shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this article. (5)If the permit application and erosion and sediment control plan are approved, the village engineer Public Works Director and Assigns shall issue the permit. (6)If the permit application or erosion and sediment control plan is disapproved, the village engineer Public Works Director shall state in writing the reasons for disapproval. (7)The village engineer Public Works Director and Assigns may request additional information from the applicant. If additional information is submitted, the village engineer shall have 45 days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved. (8)Failure by the village engineer Public Works Director and Assigns to inform the permit applicant of a decision within 45 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. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 28PEREPRFE "Stormwater Management", "Stormwater Management", "Construction Site Erosion and Sediment Control", "Permitting requirements, procedures and fees" (d)Surety bond. As a condition of approval and issuance of the permit, the village engineer may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions. (d)Surety bond. As a condition of approval and issuance of the permit, the village engineer Public Works Director and Assigns may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 28PEREPRFE Amending 35-28 (e)(1-3) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Permitting requirements, procedures and fees" (e)Permit requirements. All permits shall require the responsible party to: (1)Notify the village engineer 48 hours in advance of commencing any land disturbing construction activity. (2)Notify the village engineer of completion of any BMPs within 14 days after their installation. (3)Obtain permission in writing from the village engineer prior to any modification pursuant to section 35-29 (c) of the erosion and sediment control plan. (e)Permit requirements. All permits shall require the responsible party to: (1)Notify the village engineer Public Works Director and Assigns 48 hours in advance of commencing any land disturbing construction activity. (2)Notify the village engineer Public Works Director and Assigns of completion of any BMPs within 14 days after their installation. (3)Obtain permission in writing from the village engineer Public Works Director and Assigns prior to any modification pursuant to section 35- 29 (c) of the erosion and sediment control plan. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 28PEREPRFE Amending 35-28 (f-g) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Permitting requirements, procedures and fees" (f)Permit conditions. Permits issued under this section may include conditions established by village engineer in addition to the requirements set forth in subsection (e) of this section, where needed to ensure compliance with the performance standards in sections 35-26 and 35-27. (g)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 village engineer may grant one or more extensions not to exceed 180 days cumulatively. The village engineer may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this article. (f)Permit conditions. Permits issued under this section may include conditions established by village engineer Public Works Director and Assigns in addition to the requirements set forth in subsection (e) of this section, where needed to ensure compliance with the performance standards in sections 35-26 and 35-27. (g)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 village engineer Public Works Director and Assigns may grant one or more extensions not to exceed 180 days cumulatively. The village engineer Public Works Director and Assigns may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 28PEREPRFE Amending 35-29 (a) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Erosion and sediment control plan, statement and amendments" (a)Erosion and sediment control plan statement. For each construction site identified under section 35-22(a)(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the village engineer . The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the article. A site map shall also accompany the erosion and sediment control plan statement. (a)Erosion and sediment control plan statement. For each construction site identified under section 35-22(a)(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the village engineer Public Works Director and Assigns. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the article. A site map shall also accompany the erosion and sediment control plan statement. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 29ERSECOPLSTAM Amending 35-29 (b)(1) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Erosion and sediment control plan, statement and amendments" (b)Erosion and sediment control plan requirements. (1)An erosion and sediment control plan shall be prepared and submitted to the village engineer. (b)Erosion and sediment control plan requirements. (1)An erosion and sediment control plan shall be prepared and submitted to the village engineer. Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 29ERSECOPLSTAM Page 30 of 42 21 22 23 24 25 26 A B C D E F Amending 35-29 (c)(3) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Erosion and sediment control plan, statement and amendments" (c)Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur: (3)The village engineer notifies the applicant of changes needed in the erosion and sediment control plan. Public Works Director can ewly on consultant to aid revisions (c)Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur: (3)The village engineer Public Works Director and Assigns notifies the applicant of changes needed in the erosion and sediment control plan. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35- 29ERSECOPLSTAM Amending 35-30 "Stormwater Management", "Construction Site Erosion and Sediment Control", "Fee schedule" The fees referred to in other sections of this article shall be established by the village engineer and may from time to time be modified by resolution. A schedule of the fees established by the village engineer shall be available for review in the office of the village clerk. Public Works Director, admin, or just village The fees referred to in other sections of this article shall be established by the village engineer Public Works Director and Assigns and may from time to time be modified by resolution. A schedule of the fees established by the village engineer Public Works Director and Assigns shall be available for review in the office of the village clerk. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-30FESC Amending 35-31 "Stormwater Management", "Construction Site Erosion and Sediment Control", "Inspection" If land disturbing construction activities are occurring without a permit required by this article, the village engineer may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1) through (3). If land disturbing construction activities are occurring without a permit required by this article, the village engineer Public Works Director and Assigns may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1) through (3). https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-31IN Amending 35-32 "Stormwater Management", "Construction Site Erosion and Sediment Control", "Enforcement" (a)The village engineer may post a stop work order if any of the following occurs:(1)Land disturbing construction activity regulated under this article is occurring without a permit.(2)The erosion and sediment control plan is not being implemented in good faith.(3)The conditions of the permit are not being met. Note to permittees: The village engineer should inspect any construction site that holds a permit under this chapter at least once a month between March 1 and October 31, and at least two times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan. (b)If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the village engineer may revoke the permit. (c)If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the village engineer , or if a responsible party violates a stop work order posted under subsection (a) of this section, the village engineer may request the village attorney to obtain a cease and desist order in any court with jurisdiction. (d)The village engineer may retract the stop work order issued under subsection (a) of this section or the permit revocation under subsection (b) of this section. (e)After posting a stop work order under subsection (a) of this section, the village engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The village engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the village engineer, plus interest at the rate authorized by village engineer shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. subchapter VII of ch. 66. () g g g y p p y g ( ) g construction activity regulated under this article is occurring without a permit.(2)The erosion and sediment control plan is not being implemented in good faith.(3)The conditions of the permit are not being met. Note to permittees: The village engineer Public Works Director and Assigns should inspect any construction site that holds a permit under this chapter at least once a month between March 1 and October 31, and at least two times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan. (b)If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the village engineer Public Works Director and Assigns may revoke the permit. (c)If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the village engineer Public Works Director and Assigns, or if a responsible party violates a stop work order posted under subsection (a) of this section, the village engineer Public Works Director and Assigns may request the village attorney to obtain a cease and desist order in any court with jurisdiction. (d)The village engineer Public Works Director and Assigns may retract the stop work order issued under subsection (a) of this section or the permit revocation under subsection (b) of this section. (e)After posting a stop work order under subsection (a) of this section, the village engineer Public Works Director and Assigns may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The village engineer Public Works Director and Assigns may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the village engineer Public Works Director and Assigns, plus interest at the rate authorized by village engineer Public Works Director and Assigns shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. subchapter VII of ch. 66. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-32EN Amending 35-33 (a)(1) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Appeals" (a)Board of appeals. The board of appeals created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b): (1)Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer in administering this article except for cease and desist orders obtained under section 35-32(c) (a)Board of appeals. The board of appeals created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b): (1)Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer Public Works Director and Assigns in administering this article except for cease and desist orders obtained under section 35-32(c) https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-33AP Amending 35-33 (b) "Stormwater Management", "Construction Site Erosion and Sediment Control", "Appeals" (b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the village affected by any decision of the village engineer. (b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the village affected by any decision of the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIICOSIERSECO_S35-33AP Page 31 of 42 27 28 29 30 31 32 A B C D E F Amending 35-55 (c) "Stormwater Management", "Post- Construction Stormwater Management", "Authority" (c)The village board hereby designates the village engineer to administer and enforce the provisions of this article. (c)The village board hereby designates the village engineer Public Works Director and Assigns to administer and enforce the provisions of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-55AU Amending 35-58 (a)(3) "Stormwater Management", "Post- Construction Stormwater Management", "Applicability and jurisdiction" (a)Applicability. (3)Notwithstanding the applicability requirements in subsection (a)(1) of this section, this article applies to post- construction sites of any size that, as determined by the village engineer , are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter. (a)Applicability. (3)Notwithstanding the applicability requirements in subsection (a)(1) of this section, this article applies to post-construction sites of any size that, as determined by the village engineer Public Works Director and Assigns, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-58APJU Amending 35-59 "Stormwater Management", "Post- Construction Stormwater Management", "Definitions" Business day means a day the office of the village engineer is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the village engineer. Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the village engineer by the responsible party to ensure that requirements of the article are carried out in compliance with the stormwater management plan. Permit means a written authorization made by the village engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Permit administration fee means a sum of money paid to the village engineer by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit. Stop work order means an order issued by the village engineer which requires that all construction activity on the site be stopped. Same as note on line 11 Business day means a day the office of the village engineer Public Works Director and Assigns is routinely and customarily open for business. Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the village engineer Public Works Director and Assigns. Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the village engineer Public Works Director and Assigns by the responsible party to ensure that requirements of the article are carried out in compliance with the stormwater management plan. Permit means a written authorization made by the village engineer Public Works Director and Assigns to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state. Permit administration fee means a sum of money paid to the village engineer Public Works Director and Assigns by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit. Stop work order means an order issued by the village engineer Public Works Director and Assigns which requires that all construction activity on the site be stopped. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-59DE Amending 35-60 "Stormwater Management", "Post- Construction Stormwater Management", "Applicability of maximum extent practicable" Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the village engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the village engineer that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. Same as note on line 12 or directors assigns Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the village engineer's Public Works Director and Assigns satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Determination by the village engineer Public Works Director and Assigns that the maximum extent practicable is appropriate for a performance standard does not exempt an applicant from the village board plan approval process. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 60APMAEXPR Amending 35-61 (2) "Stormwater Management", "Post- Construction Stormwater Management", "Technical Standards" The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this article: (2)Where technical standards have not been identified or developed by the state department of natural resources, other technical standards may be used provided that the methods have been approved by the village engineer. The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this article: (2)Where technical standards have not been identified or developed by the state department of natural resources, other technical standards may be used provided that the methods have been approved by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-61TEST Amending 35-62 (d)(2a) "Stormwater Management", "Post- Construction Stormwater Management", "Performance Standards" (2)Peak discharge. a.By design, BMPs shall be employed to maintain or reduce the one-year, 24-hour, five-year, 24-hour; and the 100-year, 24- hour post-construction peak runoff discharge rates to the one-year, 24-hour, two-year, 24-hour; and the five-year, 24-hour pre- development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table 2 shall be used to represent the actual pre-development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the village engineer may allow the use of TP-40 precipitation depths and the Type II distribution. (2)Peak discharge. a.By design, BMPs shall be employed to maintain or reduce the one-year, 24-hour, five-year, 24-hour; and the 100-year, 24-hour post- construction peak runoff discharge rates to the one-year, 24-hour, two-year, 24-hour; and the five-year, 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table 2 shall be used to represent the actual pre- development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the village engineer Public Works Director and Assigns may allow the use of TP-40 precipitation depths and the Type II distribution. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-62PEST Page 32 of 42 33 34 35 36 37 38 A B C D E F Amending 35-62 (d)(7b)(1-2) "Stormwater Management", "Post- Construction Stormwater Management", "Performance Standards" b.Other requirements. 1.Notwithstanding subsection (d)(7)a of this section, the village engineer may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following: 2.The transportation facility authority shall contact the village engineer to determine if additional BMPs beyond a water quality swale are needed under this subsection. b.Other requirements. 1.Notwithstanding subsection (d)(7)a of this section, the village engineer Public Works Director and Assigns may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following: 2.The transportation facility authority shall contact the village engineer Public Works Director and Assigns to determine if additional BMPs beyond a water quality swale are needed under this subsection. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-62PEST Amending 35-62 (f)(2a) "Stormwater Management", "Post- Construction Stormwater Management", "Performance standards" (f)BMP location. (2)The village engineer may approve off-site management measures provided that all of the following conditions are met: a.The village engineer determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the village and that contains management requirements consistent with the purpose and intent of this article. (f)BMP location. (2 )The village engineer Public Works Director or Assigns may approve off-site management measures provided that all of the following conditions are met: a.The village engineer Public Works Director or Assigns determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the village and that contains management requirements consistent with the purpose and intent of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-62PEST Amending 35-62 (f)(3) "Stormwater Management", "Post- Construction Stormwater Management", "Performance standards" (f)BMP location. (3)Where a regional treatment option exists such that the village engineer exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the village engineer . In determining the fee for post-construction runoff, the village engineer shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option. (f)BMP location. (3)Where a regional treatment option exists such that the village engineer Public Works Director and Assigns exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the village engineer Public Works Director and Assigns. In determining the fee for post-construction runoff, the village engineer Public Works Director and Assigns shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-62PEST Amending 35-62 (g) "Stormwater Management", "Post- Construction Stormwater Management", "Performance standards" (g)Additional requirements. The village engineer may establish stormwater management requirements more stringent than those set forth in this article if the village engineer determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment. (g)Additional requirements. The village engineer Public Works Director and Assigns may establish stormwater management requirements more stringent than those set forth in this article if the village engineer Public Works Director and Assigns determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-62PEST Amending 35-63 (b) "Stormwater Management", "Post- Construction Stormwater Management", "Permitting requirements, procedures and fees" (b)Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the village engineer a permit application on a form provided by the village engineer for that purpose. (b)Permit application and fees. Unless specifically excluded by this article, any responsible party desiring a permit shall submit to the village engineer Public Works Director and Assigns a permit application on a form provided by the village engineer Public Works Director and Assigns for that purpose. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 63PEREPRFE Amending 35-63 (c)(2,4,5,6,7,8) "Stormwater Management", "Post- Construction Stormwater Management", "Permitting requirements, procedures and fees" ( ) pp pp g g y p pp stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used: (2)Within three days of receipt of the application, a copy thereof together with a copy of the stormwater management plan shall be delivered to the village engineer for initial review. Within three days of the village's receipt of the application, a copy thereof together with a copy of the stormwater management plan shall be delivered to the village building inspector for initial review. If the village engineer or village building inspector finds the application or stormwater management plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4)Within 45 days of the filing deadline for the application, control plan, or control plan statement and fee for the plan commission meeting, including all items as required by subsection (b) of this section, the village engineer shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article. (5)If the stormwater permit application, stormwater management plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the village engineer shall issue the permit. (6)If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the village engineer shall detail in writing the reasons for disapproval. (7)The village engineer may request additional information from the applicant. If additional information is submitted, the village engineer shall have 45 days from the date the additional information is received to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved. (8)Failure by the village engineer to inform the permit applicant of a decision within 45 days of a required submittal shall be 2. Public Works Director, staff, consultant Public Works Director can have consultanting engineer review as needed and reference engineers memo or review ( ) pp pp g g g y p pp submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used: (2)Within three days of receipt of the application, a copy thereof together with a copy of the stormwater management plan shall be delivered to the village engineer Public Works Director and Assigns for initial review. Within three days of the village's receipt of the application, a copy thereof together with a copy of the stormwater management plan shall be delivered to the village building inspector for initial review. If the village engineer Public Works Director and Assigns or village building inspector finds the application or stormwater management plan or statement to be lacking necessary information or not in compliance with this Code, the applicant shall be notified of the inadequacy as soon as practical after review. (4)Within 45 days of the filing deadline for the application, control plan, or control plan statement and fee for the plan commission meeting, including all items as required by subsection (b) of this section, the village engineer Public Works Director and Assigns shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article. (5)If the stormwater permit application, stormwater management plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the village engineer Public Works Director and Assigns shall issue the permit. (6)If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the village engineer Public Works Director and Assigns shall detail in writing the reasons for disapproval. (7)The village engineer Public Works Director and Assigns may request additional information from the applicant. If additional information is submitted, the village engineer Public Works Director and Assigns shall have 45 days from the date the additional information is received to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved. (8)Failure by the village engineer Public Works Director and Assigns to inform the permit applicant of a decision within 45 days of a required https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 63PEREPRFE Page 33 of 42 39 40 41 42 43 44 A B C D E F Amending 35-63 (d)(3-5) "Stormwater Management", "Post- Construction Stormwater Management", "Permitting requirements, procedures and fees" (d)Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The village engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the village engineer to suspend or revoke this permit may be appealed in accordance with section 35-69. (3)The responsible party shall notify the village engineer at least 48 hours before commencing any work in conjunction with the stormwater management plan, and within 14 days upon completion of the stormwater management practices. If required as a special condition under subsection (e) of this section, the responsible party shall make additional notification according to a schedule set forth by the village engineer so that practice installations can be inspected during construction. (4)Practice installations required as part of this article shall be certified "as built" or "record" drawings by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the village engineer or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The village engineer or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this article. (5)The responsible party shall notify the village engineer of any significant modifications it intends to make to an approved stormwater management plan. The village engineer may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party. "Or its designee" listed here, but other places we state "assigns" (d)Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The village engineer Public Works Director and Assigns may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the village engineer Public Works Director and Assigns to suspend or revoke this permit may be appealed in accordance with section 35-69. (3)The responsible party shall notify the village engineer Public Works Director and Assigns at least 48 hours before commencing any work in conjunction with the stormwater management plan, and within 14 days upon completion of the stormwater management practices. If required as a special condition under subsection (e) of this section, the responsible party shall make additional notification according to a schedule set forth by the village engineer Public Works Director and Assigns so that practice installations can be inspected during construction. (4)Practice installations required as part of this article shall be certified "as built" or "record" drawings by a licensed professional engineer. Completed stormwater management practices must pass a final inspection by the village engineer Public Works Director and Assigns or its designee to determine if they are in accordance with the approved stormwater management plan and ordinance. The village engineer Public Works Director and Assigns or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this article. (5)The responsible party shall notify the village engineer Public Works Director and Assigns of any significant modifications it intends to make to an approved stormwater management plan. The village engineer Public Works Director and Assigns may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 63PEREPRFE Amending 35-63 (d)(7- 10) "Stormwater Management", "Post- Construction Stormwater Management", "Permitting requirements, procedures and fees" (d)Permit requirements. (7)The responsible party authorizes the village engineer to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. subchapter VII of chapter 66, or to charging such costs against the financial guarantee posted under section 35-66. (8)If so directed by the village engineer , the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan. (9)The responsible party shall permit property access to the village engineer or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this article. (10)Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the village engineer may require the responsible party to make appropriate legal arrangements with affected (d)Permit requirements. (7)The responsible party authorizes the village engineer Public Works Director and Assigns to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. subchapter VII of chapter 66, or to charging such costs against the financial guarantee posted under section 35-66. (8)If so directed by the village engineer Public Works Director and Assigns, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainageways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan. (9)The responsible party shall permit property access to the village engineer Public Works Director and Assigns or its designee for the purpose of inspecting the property for compliance with the approved stormwater management plan and this article. (10)Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the village engineer Public Works Director and Assigns may require the responsible party to make appropriate legal arrangements with affected https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 63PEREPRFE Amending 35-63 (e-f) "Stormwater Management", "Post- Construction Stormwater Management", "Permitting requirements, procedures and fees" (e)Permit conditions. Permits issued under this subsection may include conditions established by village engineer in addition to the requirements needed to meet the performance standards in section 35-62 or a financial guarantee as provided for in section 35-66. (f)Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the village engineer notifies the responsible party that all stormwater management practices have passed the final inspection required under subsection (d)(4) of this section. (e)Permit conditions. Permits issued under this subsection may include conditions established by village engineer Public Works Director and Assigns in addition to the requirements needed to meet the performance standards in section 35-62 or a financial guarantee as provided for in section 35-66. (f)Permit duration. Permits issued under this section shall be valid from the date of issuance through the date the village engineer Public Works Director and Assigns notifies the responsible party that all stormwater management practices have passed the final inspection required under subsection (d)(4) of this section. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35- 63PEREPRFE Amending 35-64 (a)(8) "Stormwater Management", "Post- Construction Stormwater Management", "Stormwater managment plan" (a)Stormwater management plan requirements. The stormwater management plan required under section 35-62(b) shall contain at a minimum the following information: (8)Other information requested in writing by the village engineer to determine compliance of the proposed stormwater management measures with the provisions of this article. (a)Stormwater management plan requirements. The stormwater management plan required under section 35-62(b) shall contain at a minimum the following information: (8)Other information requested in writing by the village engineer Public Works Director and Assigns to determine compliance of the proposed stormwater management measures with the provisions of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-64STMAPL Amending 35-64 (b) "Stormwater Management", "Post- Construction Stormwater Management", "Stormwater managment plan" (b)Alternate requirements. The village engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under section 35-62(e). (b)Alternate requirements. The village engineer Public Works Director and Assigns may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under section 35-62(e). https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-64STMAPL Amending 35-65 (a) "Stormwater Management", "Post- Construction Stormwater Management", "Maintenance agreement" (a)Maintenance agreement required. The maintenance agreement required under section 35-63(b) for stormwater management practices shall be an agreement between the village engineer and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the county register of deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices. (a)Maintenance agreement required. The maintenance agreement required under section 35-63(b) for stormwater management practices shall be an agreement between the village engineer Public Works Director and Assigns and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the county register of deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-65MAAG Page 34 of 42 45 46 47 48 A B C D E F Amending 35-65 (b)(5-8) "Stormwater Management", "Post- Construction Stormwater Management", "Maintenance agreement" (b)Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by: (5)Authorization for the village engineer to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement. (6)A requirement on the village engineer to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition. (7)Agreement that the party designated under subsection (b)(3) of this section, as responsible for long-term maintenance of the stormwater management practices, shall be notified by the village engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the village engineer. (8)Authorization of the village engineer to perform the corrected actions identified in the inspection report if the responsible party designated under subsection (b)(3) of this section does not make the required corrections in the specified time period. The village engineer shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. subch. VII of ch. 66. (b)Agreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by: (5)Authorization for the village engineer Public Works Director and Assigns to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement. (6)A requirement on the village engineer Public Works Director and Assigns to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition. (7)Agreement that the party designated under subsection (b)(3) of this section, as responsible for long-term maintenance of the stormwater management practices, shall be notified by the village engineer Public Works Director and Assigns of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the village engineer Public Works Director and Assigns. (8)Authorization of the village engineer Public Works Director and Assigns to perform the corrected actions identified in the inspection report if the responsible party designated under subsection (b)(3) of this section does not make the required corrections in the specified time period. The village engineer Public Works Director and Assigns shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. subch. VII of ch. 66. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-65MAAG Amending 35-66 "Stormwater Management", "Post- Construction Stormwater Management", "Financial guarantee" (a) Establishment of the guarantee. The village engineer may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the village engineer. The financial guarantee shall be in an amount determined by the village engineer to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the village engineer the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the village engineer 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 village engineer shall release the portion of the financial guarantee established under this section, less any costs incurred by the village engineer to complete installation of practices, upon submission of "as built plans" or "record" drawings by a licensed professional engineer. The village engineer may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages. (2) The village engineer shall release the portion of the financial guarantee established under this section to ensure maintenance of stormwater practices, less any costs incurred by the village engineer, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement. (a) Establishment of the guarantee. The village engineer Public Works Director and Assigns may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the village engineer Public Works Director and Assigns. The financial guarantee shall be in an amount determined by the village engineer Public Works Director and Assigns to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the village engineer Public Works Director and Assigns the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the village engineer Public Works Director and Assigns 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 village engineer Public Works Director and Assigns shall release the portion of the financial guarantee established under this section, less any costs incurred by the village engineer Public Works Director and Assigns to complete installation of practices, upon submission of "as built plans" or "record" drawings by a licensed professional engineer. The village engineer Public Works Director and Assigns may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages. (2) The village engineer Public Works Director and Assigns shall release the portion of the financial guarantee established under this section to ensure maintenance of stormwater practices, less any costs incurred by the village engineer Public Works Director and Assigns, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-66FIGU Amending 35-67 "Stormwater Management", "Post- Construction Stormwater Management", "Fee schedule" The fees referred to in other sections of this article shall be established by the village engineer and may from time to time be modified by resolution. A schedule of the fees established by the village engineer shall be available for review in the office of the village clerk. The fees referred to in other sections of this article shall be established by the village engineer Public Works Director and Assigns and may from time to time be modified by resolution. A schedule of the fees established by the village engineer Public Works Director and Assigns shall be available for review in the office of the village clerk. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-67FESC Amending 35-68 (b-h) "Stormwater Management", "Post- Construction Stormwater Management", "Enforcement" (b)The village engineer shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. (c)Upon receipt of written notification from the village engineer under subsection (b) of this section, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this article. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the village engineer in the notice. (d)If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the village engineer may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the village engineer plus interest and legal costs shall be billed to the responsible party. (e)The village engineer is authorized to post a stop work order on all land disturbing construction activity that is in violation of this article, or to request the municipal attorney to obtain a cease and desist order in any court with jurisdiction. (f)The village engineer may revoke a permit issued under this article for non-compliance with article provisions. (g)Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the village engineer or by a court with jurisdiction. (h)The village engineer is authorized to refer any violation of this article, or a stop work order or cease and desist order issued pursuant to this article, to the municipal attorney for the commencement of further legal proceedings in any court with jurisdiction. (b) If consultant is involved, a memo or letter can be referenced by the Public Works Director (b)The village engineer Public Works Director and Assigns shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. (c)Upon receipt of written notification from the village engineer Public Works Director and Assigns under subsection (b) of this section, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this article. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the village engineer Public Works Director and Assigns in the notice. (d)If the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the village engineer Public Works Director and Assigns may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the village engineer Public Works Director and Assigns plus interest and legal costs shall be billed to the responsible party. (e)The village engineer Public Works Director and Assigns is authorized to post a stop work order on all land disturbing construction activity that is in violation of this article, or to request the municipal attorney to obtain a cease and desist order in any court with jurisdiction. (f)The village engineer Public Works Director and Assigns may revoke a permit issued under this article for non-compliance with article provisions. (g)Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the village engineer Public Works Director and Assigns or by a court with jurisdiction. (h)The village engineer Public Works Director and Assigns is authorized to refer any violation of this article, or a stop work order or cease and desist order issued pursuant to this article, to the municipal attorney for the commencement of further legal proceedings in any court with jurisdiction. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-68EN Page 35 of 42 49 50 51 52 53 54 A B C D E F Amending 35-68 (j) "Stormwater Management", "Post- Construction Stormwater Management", "Enforcement" (j)When the village engineer determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the village engineer or a party designated by the village engineer may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The village engineer shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to section 35-66. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed. (j)When the village engineer Public Works Director and Assigns determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the village engineer Public Works Director and Assigns or a party designated by the village engineer Public Works Director and Assigns may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The village engineer Public Works Director and Assigns shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to section 35-66. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-68EN Amending 35-69 "Stormwater Management", "Post- Construction Stormwater Management", "Appeals" (a)Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4) (b), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.(b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the village engineer. (a)Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4) (b), shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer Public Works Director and Assigns in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the article will result in unnecessary hardship.(b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIIIPONSSTMA_S35-69AP Amending 35-97 (c) "Stormwater Management", "Illicit Discharge Prohibition and Disconnection", "Authority" (c)The village board hereby designates the village engineer to administer and enforce the provisions of this article. (c)The village board hereby designates the village engineer Public Works Director and Assigns to administer and enforce the provisions of this article. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIVILDIPRDI_S35-97AU Amending 35-100 "Stormwater Management", "Illicit Discharge Prohibition and Disconnection", "Applicability of article" This section shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the village engineer. This section shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIVILDIPRDI_S35-100APAR Amending 35-101 "Stormwater Management", "Responsibility for administration" The village engineer shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon may be delegated to persons or entities acting in the beneficial interest of or in the employ of the village. The v illage engineer Public Works Director and Assigns shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon may be delegated to persons or entities acting in the beneficial interest of or in the employ of the village. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIVILDIPRDI_S35-101READ Amending 35-104 (b) "Stormwater Management", "Illicit Discharge Prohibition and Disconnection", "Suspension of MS4 access" (b)Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will notify a violator of the proposed termination of its MS4 access. The violator has a maximum of 72 hours (or less if the village engineer believes necessary) from written notification to correct the illicit discharge before access is terminated. (b)Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The village will notify a violator of the proposed termination of its MS4 access. The violator has a maximum of 72 hours (or less if the village engineer Public Works Director and Assigns believes necessary) from written notification to correct the illicit discharge before access is terminated. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIVILDIPRDI_S35-104SUMSAC Page 36 of 42 55 56 57 58 59 A B C D E F Amending 35-110 "Stormwater Management", "Illicit Discharge Prohibition and Disconnection", "Appeals" (a)Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b) shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions, a literal enforcement of the article will result in unnecessary hardship. (b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the village engineer. (a)Board of appeals. The board of appeals, created pursuant to section 2-182, pursuant to Wis. Stats. § 61.354(4)(b) shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the village engineer Public Works Director and Assigns in administering this article. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions, a literal enforcement of the article will result in unnecessary hardship. (b)Who may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the village affected by any decision of the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H35STMA_ARTIVILDIPRDI_S35-110AP Amending 36-1 "Streets, Sidewalks and Other Public Places", "In General", "Sidewalk construction and repair" (a)Standards and specifications; state law adopted. Wis. Stats. § 66.0907 relating to the construction and repair of sidewalks is adopted by reference and made a part of this section. Specifications for sidewalks to be constructed are on file with the village engineer. Any variation from the standard specifications shall be approved by the village engineer. (b)Village sidewalk system. The village shall have the discretion on a case-by-case basis to determine costs for sidewalks constructed, repaired, or replaced on private property required for inclusion as part of the village public sidewalk system. The village engineer shall determine what constitutes the village sidewalk system, as adopted by resolution. (c)Costs. (1)Repair and replacement. The village will provide 50 percent of the repair or replacement costs of sidewalks in the village that have lasted their expected service life. The balance of the costs shall be borne by the property owner. In the event of sidewalks damaged prematurely due to property owner or contractor error, the property owner will be responsible for 100 percent of the replacement costs. The need for replacements will be at the discretion of the village engineer . (2)New sidewalks. The property owner shall provide 100 percent of the costs of new sidewalk construction in the village. (3)Authority of property owner to alter; approval required. Property owners may, at their expense, construct, repair, or replace sidewalks, provided the village engineer approves the alignment, grade, thickness, concrete mix, base and timing. (a)Standards and specifications; state law adopted. Wis. Stats. § 66.0907 relating to the construction and repair of sidewalks is adopted by reference and made a part of this section. Specifications for sidewalks to be constructed are on file with the village engineer Public Works Director and Assigns. Any variation from the standard specifications shall be approved by the village engineer Public Works Director and Assigns. (b)Village sidewalk system. The village shall have the discretion on a case-by-case basis to determine costs for sidewalks constructed, repaired, or replaced on private property required for inclusion as part of the village public sidewalk system. The village engineer Public Works Director and Assigns shall determine what constitutes the village sidewalk system, as adopted by resolution. (c)Costs. (1)Repair and replacement. The village will provide 50 percent of the repair or replacement costs of sidewalks in the village that have lasted their expected service life. The balance of the costs shall be borne by the property owner. In the event of sidewalks damaged prematurely due to property owner or contractor error, the property owner will be responsible for 100 percent of the replacement costs. The need for replacements will be at the discretion of the village engineer Public Works Director and Assigns. (2)New sidewalks. The property owner shall provide 100 percent of the costs of new sidewalk construction in the village. (3)Authority of property owner to alter; approval required. Property owners may, at their expense, construct, repair, or replace sidewalks, provided the village engineer Public Works Director and Assigns approves the alignment, grade, thickness, concrete mix, base and timing. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H36STSIOTPUPL_ARTIINGE_S36-1SICORE Amending 38-14 (e-g) "Subdivisions", "In General", "Fees" (e)Plan review fee. The subdivider shall pay a fee at the time of submission of improvements plans and specifications to partially cover the cost to the village of checking and reviewing such plans and specifications. This fee shall be estimated, using actual costs by staff. The fee may be recomputed upon demand of the subdivider or village engineer , after completion of improvement construction in accordance with the actual cost of such improvements, and the difference, if any, shall be paid by or remitted to the subdivider. Evidence of cost shall be in such detail and form as provided by the village engineer. (f)Inspection fee. The subdivider shall pay a fee equal to the actual cost to the village for such inspection as the village engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority. Inspection fees shall be paid as they are accrued. (g)Engineering fee. The subdivider shall pay a fee equal to the actual cost to the village for all engineering work incurred by the village in connection with the plat and such fees shall be paid as they accrue. Engineering work may include the preparation of construction plans and standard specifications. The village engineer may permit the subdivider to furnish all, some or part of the required construction plans and specifications, in which case no engineering fees shall be levied for the preparation of such plans and specifications, except that fees shall be leviable for the review of plans submitted in accordance with this chapter. (e)Plan review fee. The subdivider shall pay a fee at the time of submission of improvements plans and specifications to partially cover the cost to the village of checking and reviewing such plans and specifications. This fee shall be estimated, using actual costs by staff. The fee may be recomputed upon demand of the subdivider or village engineer Public Works Director and Assigns, after completion of improvement construction in accordance with the actual cost of such improvements, and the difference, if any, shall be paid by or remitted to the subdivider. Evidence of cost shall be in such detail and form as provided by the village engineer Public Works Director and Assigns. (f)Inspection fee. The subdivider shall pay a fee equal to the actual cost to the village for such inspection as the village engineer Public Works Director and Assigns deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority. Inspection fees shall be paid as they are accrued. (g)Engineering fee. The subdivider shall pay a fee equal to the actual cost to the village for all engineering work incurred by the village in connection with the plat and such fees shall be paid as they accrue. Engineering work may include the preparation of construction plans and standard specifications. The village engineer Public Works Director and Assigns may permit the subdivider to furnish all, some or part of the required construction plans and specifications, in which case no engineering fees shall be levied for the preparation of such plans and specifications, except that fees shall be leviable for the review of plans submitted in accordance with this chapter. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIINGE_S38-14FE Amending 38-61 (b)(19- 20) "Subdivisions", "Platting Procedure", "Information to be included" (b)The preliminary plat submittal shall also include: (19)Street plans and profiles. These plans and profiles shall show existing ground surface; proposed and established street grades and profiles; and street extensions beyond the limits of the subdivision when required. All elevations shall be based on U.S.G.S. datum, and plans and profiles shall meet the approval of the village engineer. (20)Borings and soundings in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table, in event the village engineer requires such. Public Works Director can always get input and advice from consultant (b)The preliminary plat submittal shall also include: (19)Street plans and profiles. These plans and profiles shall show existing ground surface; proposed and established street grades and profiles; and street extensions beyond the limits of the subdivision when required. All elevations shall be based on U.S.G.S. datum, and plans and profiles shall meet the approval of the village engineer Public Works Director and Assigns. (20)Borings and soundings in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to ground water table, in event the village engineer Public Works Director and Assigns requires such. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIIPLPR_DIV2PRPL_S38- 61INBEIN Amending 38-143 (c) "Subdivisions", "Design Standards", "Street design standards" (c)Cul-de-sac streets designed to have one end permanently closed shall not exceed 500 feet in length without approval of the village, and in no event exceed 1,000 feet. The turnaround portion of the cul-de-sac shall be subject to the approval of the village engineer. In no case shall the turn portions be less than 60 feet radius for the right-of-way. Temporary cul-de-sac streets shall be constructed at the ends of streets within the subdivision that are planned to be extended either within the subdivision or to adjacent parcels or subdivisions outside the subdivisions. These temporary cul-de-sacs are subject to the approval of the village. (c)Cul-de-sac streets designed to have one end permanently closed shall not exceed 500 feet in length without approval of the village, and in no event exceed 1,000 feet. The turnaround portion of the cul-de-sac shall be subject to the approval of the village engineer Public Works Director and Assigns. In no case shall the turn portions be less than 60 feet radius for the right-of-way. Temporary cul-de-sac streets shall be constructed at the ends of streets within the subdivision that are planned to be extended either within the subdivision or to adjacent parcels or subdivisions outside the subdivisions. These temporary cul-de-sacs are subject to the approval of the village. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIIIDEST_S38-143STDEST Page 37 of 42 60 61 62 63 64 65 66 A B C D E F Amending 38-147 (b) "Subdivisions", "Design Standards", "Easements" (b)Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the village shall require an adequate drainageway or easement. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the village engineer; and parallel streets or parkways may be required in connection therewith. Where necessary, storm sewer drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate potential volumes of flow. These design details are subject to review and approval by the village engineer. (b)Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the village shall require an adequate drainageway or easement. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the village engineer Public Works Director and Assigns; and parallel streets or parkways may be required in connection therewith. Where necessary, storm sewer drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate potential volumes of flow. These design details are subject to review and approval by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIIIDEST_S38-147EA Amending 38-167 (e) "Subdivisions", "Improvements", "Required; contract and bond" (e)Contractors and subcontractors who are engaged in the construction of street and utility improvements on dedicated street rights-of-way shall be subject to approval of the village engineer. (e)Contractors and subcontractors who are engaged in the construction of street and utility improvements on dedicated street rights-of-way shall be subject to approval of the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-167RECOBO Amending 38-168 "Subdivisions", "Improvements", "Standard specifications" All improvements shall comply with the approved standard specifications of the village, which are on file with the village engineer. These requirements would apply to new subdivisions within the village and to subdivisions within 1½ miles of the corporate limits of the village. All improvements shall comply with the approved standard specifications of the village, which are on file with the village engineer Public Works Director and Assigns. These requirements would apply to new subdivisions within the village and to subdivisions within 1½ miles of the corporate limits of the village. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-168STSP Amending 38-169 "Subdivisions", "Survey monuments" The subdivider shall install survey monuments placed in accordance with the requirements of Wis. Stats. ch. 236 and as may be required by the village engineer . The subdivider shall install survey monuments placed in accordance with the requirements of Wis. Stats. ch. 236 and as may be required by the v illage engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-169SUMO Amending 38-170 "Subdivisions", "Improvements", "Grading" After the installation of temporary block corner monuments or other survey control points by the subdivider and establishment of street grades by the village, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with the plans and standard specifications approved by the village engineer . The subdivider shall grade the roadbeds in the street rights-of-way to sub-grade together with side slopes beyond the right-of-way as required. After the installation of temporary block corner monuments or other survey control points by the subdivider and establishment of street grades by the village, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with the plans and standard specifications approved by the village engineer Public Works Director and Assigns. The subdivider shall grade the roadbeds in the street rights-of-way to sub-grade together with side slopes beyond the right-of-way as required. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-170GR Amending 38-174 "Subdivisions", "Improvements", "Curb and gutter" After installation of all underground utilities and improvements required by the village, the subdivider shall construct concrete curb and gutter in accordance with the standard specifications on file with the village engineer . Curb and gutter standards shall provide for the construction of concrete curb and gutter, using a 30-inch curb and gutter specification. The structure of the sentence needs to be revised (the bold was previously 'At the Village') After installation of all underground utilities and improvements required by the village, the subdivider shall construct concrete curb and gutter in accordance with the standard specifications on file with the village engineer at the Village. Curb and gutter standards shall provide for the construction of concrete curb and gutter, using a 30-inch curb and gutter specification. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-174CUGU Amending 38-175 "Subdivisions", "Improvements", "Rural street sections" When rural street sections have been approved by the village board, the subdivider shall finish grade of all shoulders and ditches, install all necessary culverts to prevent erosion and sediment in accordance with plans and standard specifications by the village engineer. The structure of the sentence needs to be revised (the bold was previously 'At the Village') When rural street sections have been approved by the village board, the subdivider shall finish grade of all shoulders and ditches, install all necessary culverts to prevent erosion and sediment in accordance with plans and standard specifications by the village engineer on file at the Village. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-175RUSTSE Page 38 of 42 67 68 69 70 71 A B C D E F Amending 38-176 (2) "Subdivisions", "Improvements", "Surfacing" After the installation of all utility, sanitary sewer, storm sewer, water mains and other improvements, the subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations, and shall be constructed in accordance with the standard specifications of the village which are on file with the village engineer . Street surfacing standards shall provide for requirements no less stringent than the following: (2)Streets shall have an asphalt binder course of material as determined and specified by the village engineer applied to such streets and shall not be less than three inches thick on any street after being rolled and compacted. This shall be followed by a final concrete asphalt course as determined and specified by the village engineer that shall not be less than two inches thick after being rolled and compacted for a street within a 66 foot right-of-way, and two inches thick for a street within an 80 foot or larger right-of-way. The structure of the sentence needs to be revised (the bold was previously 'At the Village' for the first bold and 'Standard Specifications Of The Village' for the other two bold) After the installation of all utility, sanitary sewer, storm sewer, water mains and other improvements, the subdivider shall surface all roadways in streets proposed to be dedicated, to the widths prescribed by these regulations, and shall be constructed in accordance with the standard specifications of the village which are on file with the village engineer at the Village. Street surfacing standards shall provide for requirements no less stringent than the following: (2)Streets shall have an asphalt binder course of material as determined and specified by the village engineer Standard Specifications of the Village applied to such streets and shall not be less than three inches thick on any street after being rolled and compacted. This shall be followed by a final concrete asphalt course Asphalt Surface Course as determined and specified by the village engineer Standard Specifications of the Village that shall not be less than two inches thick after being rolled and compacted. for a street within a 66 foot right-of-way, and two inches thick for a street within an 80 foot or larger right-of-way. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-176SU Amending 38-177 (a-b) "Subdivisions", "Improvements", "Compaction" (a)Trench compaction. All fill within trenches shall be compacted by means of mechanical vibration in one-foot lifts. Spoil material, minus topsoil, vegetation and all detrimental objects (including, but not limited to, asphalt, concrete chunks, scrap metal, building materials, and large rocks), as approved by the village engineer, may be used as backfill. All spoil material shall be compacted to a minimum compaction of 96.5 percent standard proctor, with an average of 98 percent standard proctor. Four tests shall be taken every 100 feet until the first 300 feet of the trench backfill has met the compaction standards as set forth in this section. For each 100 feet, two tests shall be taken when the trench has been backfilled halfway, and two tests shall be taken when the trench is completely backfilled. Upon verification that the 300 feet of the trench has passed the minimum compaction requirements, and that satisfactory compaction requirements, and that satisfactory compaction methods are being followed, the contractor has two options for verifying the compaction on the remaining length of the trench: (b)Sub-base compaction. Undisturbed soil, exposed during grading, lying just below the proposed base, shall be rolled with a vibrating roller just prior to base application. A minimum of two passes shall be required. The contractor shall not be required to provide density tests on this material if the minimum required passes are performed to the satisfaction of the village engineer. If the sub-base has been substantially disturbed, or if fill is sub-grade, then a minimum compaction of 103 percent existing density or 96.5 percent standard proctor (at a minimum of 101 percent existing) is required. Fill lifts shall be limited to a maximum of one foot. Minimum tests for verification of compaction shall be: one density test per 100 feet. (a)Trench compaction. All fill within trenches shall be compacted by means of mechanical vibration in one-foot lifts. Spoil material, minus topsoil, vegetation and all detrimental objects (including, but not limited to, asphalt, concrete chunks, scrap metal, building materials, and large rocks), as approved by the village engineer Public Works Director and Assigns, may be used as backfill. All spoil material shall be compacted to a minimum compaction of 96.5 percent standard proctor, with an average of 98 percent standard proctor. Four tests shall be taken every 100 feet until the first 300 feet of the trench backfill has met the compaction standards as set forth in this section. For each 100 feet, two tests shall be taken when the trench has been backfilled halfway, and two tests shall be taken when the trench is completely backfilled. Upon verification that the 300 feet of the trench has passed the minimum compaction requirements, and that satisfactory compaction requirements, and that satisfactory compaction methods are being followed, the contractor has two options for verifying the compaction on the remaining length of the trench: (b)Sub-base compaction. Undisturbed soil, exposed during grading, lying just below the proposed base, shall be rolled with a vibrating roller just prior to base application. A minimum of two passes shall be required. The contractor shall not be required to provide density tests on this material if the minimum required passes are performed to the satisfaction of the village engineer Public Works Director and Assigns. If the sub-base has been substantially disturbed, or if fill is sub-grade, then a minimum compaction of 103 percent existing density or 96.5 percent standard proctor (at a minimum of 101 percent existing) is required. Fill lifts shall be limited to a maximum of one foot. Minimum tests for verification of compaction shall be: one density test per 100 feet. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-177CO Amending 38-179 (a) "Subdivisions", "Improvements", "Sidewalks" (a)The subdivider shall construct a concrete sidewalk on one side of all frontage roads and on both sides of all other streets within the subdivision. Sidewalks shall be a minimum of five feet in width. The design and construction of all sidewalks shall be in accordance with plans and standard specifications which are on file with the village engineer. (a)The subdivider shall construct a concrete sidewalk on one side of all frontage roads and on both sides of all other streets within the subdivision. Sidewalks shall be a minimum of five feet in width. The design and construction of all sidewalks shall be in accordance with plans and standard specifications which are on file with the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-179SI Amending 38-180 "Subdivisions", "Improvements", "Other utilities" The subdivider shall cause gas, electrical power and communication facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. All electrical and communication service shall be buried underground and shall be placed within easements or dedicated public ways in a manner which will not conflict with other municipal underground facilities. Plans indicating the proposed location of all gas, electrical power and communication lines shall be approved by the village engineer. The cost of installing conduit to be used for the installation of dark fiber shall be refunded to the then current property owner in accordance with the terms of the subdivision improvement agreement, when the dark fiber is lit. Not sure what dark fiber is The subdivider shall cause gas, electrical power and communication facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. All electrical and communication service shall be buried underground and shall be placed within easements or dedicated public ways in a manner which will not conflict with other municipal underground facilities. Plans indicating the proposed location of all gas, electrical power and communication lines shall be approved by the village engineer Public Works Director and Assigns. The cost of installing conduit to be used for the installation of dark fiber shall be refunded to the then current property owner in accordance with the terms of the subdivision improvement agreement, when the dark fiber is lit. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-180OTUT Amending 38-181 "Subdivisions", "Improvements", "Street lamps" The subdivider shall install street lamps along the streets proposed to be dedicated to the village, of a design compatible with the neighborhood and type of development proposed. Such lamps shall be placed on each street intersection and at such interior block spacing to provide the required footcandles of lighting intensity as may be required by the village engineer. Public Works Director can get recommendations from others The subdivider shall install street lamps along the streets proposed to be dedicated to the village, of a design compatible with the neighborhood and type of development proposed. Such lamps shall be placed on each street intersection and at such interior block spacing to provide the required footcandles of lighting intensity as may be required by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-181STLA Page 39 of 42 72 73 74 75 76 77 78 A B C D E F Amending 38-184 (b) "Subdivisions", "Improvements", "Acceptance of improvements" (b)The acceptance of the utilities (sewer and water) shall be affected by passage of a resolution of the village board. The acceptance of all other improvements shall also be affected by a passage of a separate resolution by the village board. Both resolutions shall be based upon the village engineer's certification that improvements have been properly installed and completed, and that the village has adequate security for the correction of defects for a period of one year from the date of acceptance of such improvements. Normal operating costs, such as street lighting electricity, pump station electricity, and maintenance, such as snow plowing and street sweeping, shall be assumed by the village from the time of assuming the use of the improvements. Consultants can weigh in on specific projects (b)The acceptance of the utilities (sewer and water) shall be affected by passage of a resolution of the village board. The acceptance of all other improvements shall also be affected by a passage of a separate resolution by the village board. Both resolutions shall be based upon the village engineer's Public Works Director and Assigns certification that improvements have been properly installed and completed, and that the village has adequate security for the correction of defects for a period of one year from the date of acceptance of such improvements. Normal operating costs, such as street lighting electricity, pump station electricity, and maintenance, such as snow plowing and street sweeping, shall be assumed by the village from the time of assuming the use of the improvements. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTIVIM_S38-184ACIM Amending 38-207 "Subdivisions", "Construction", "Commencement" No construction of improvements shall commence in a proposed subdivision until the final plat or certified survey map has been approved, the plans pertaining to the work which is proposed to be commenced are approved, the plan review fees are paid, and the village engineer has given written authorization to commence work. PW changed to have No construction of improvements shall commence in a proposed subdivision until the final plat or certified survey map has been approved, the plans pertaining to the work which is proposed to be commenced are approved, the plan review fees are paid, and the village engineer Public Works Director and Assigns has given written authorization to commence work. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVCO_S38-207CO Amending 38-208 (6-7) "Subdivisions", "Construction", "Plans" The following plans, together with calculations and accompanying construction specifications, shall be required by the village before authorization of construction or installation of improvements. All street and utility plans shall be drawn to a horizontal scale of one inch to 40 feet and a vertical scale of one inch to four feet on standard 24-inch by 36-inch plan-profile sheets, unless other scales and sizes are approved by the village engineer. Elevations shall be referenced to mean sea level datum and benchmarks indicated on the plans. (6)Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion shall generally follow the guidelines and standards set forth by the state department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the village engineer. (7)Additional special plans or information as may be required by the village engineer. The following plans, together with calculations and accompanying construction specifications, shall be required by the village before authorization of construction or installation of improvements. All street and utility plans shall be drawn to a horizontal scale of one inch to 40 feet and a vertical scale of one inch to four feet on standard 24-inch by 36-inch plan-profile sheets, unless other scales and sizes are approved by the village engineer. Public Works Director and Assigns. Elevations shall be referenced to mean sea level datum and benchmarks indicated on the plans. (6)Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion shall generally follow the guidelines and standards set forth by the state department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the village engineer Public Works Director and Assigns. (7)Additional special plans or information as may be required by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVCO_S38-208PL Amending 38-209 "Subdivisions", "Construction", "As-built plans" After completion of all public improvements and prior to final acceptance of the improvements, the subdivider shall make or cause to be made maps showing the actual location of all valves, manholes with elevations, stubs, sewer and water mains, sewer and water laterals, and other such facilities as the village engineer may require. The subdivider shall provide the village as- built working drawings of sewage lift stations, water pump house facilities, together with manufacturer's guarantees on equipment where in force. Such maps, plans, and drawings shall be provided on a reproducible medium and supplied on an AutoCAD compatible file on a 3.5 inch disc. After completion of all public improvements and prior to final acceptance of the improvements, the subdivider shall make or cause to be made maps showing the actual location of all valves, manholes with elevations, stubs, sewer and water mains, sewer and water laterals, and other such facilities as the village engineer Public Works Director and Assigns may require. The subdivider shall provide the village as-built working drawings of sewage lift stations, water pump house facilities, together with manufacturer's guarantees on equipment where in force. Such maps, plans, and drawings shall be provided on a reproducible medium and supplied on an AutoCAD compatible file on a 3.5 inch disc. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVCO_S38-209ILPL Amending 38-210 "Subdivisions", "Construction", "Inspection" The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the village engineer to provide inspection of the work. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the village engineer Public Works Director and Assigns to provide inspection of the work. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVCO_S38-210IN Amending 38-229 "Subdivisions", "Erosion and Pollutant Control", "Design criteria, standards and specifications for control measures" All control measures required to comply with this chapter shall meet the design criteria, standards and specifications as set forth in the department of natural resources' Wisconsin Construction Site Best Management Practice Handbook, or as directed by the village engineer. All control measures required to comply with this chapter shall meet the design criteria, standards and specifications as set forth in the department of natural resources' Wisconsin Construction Site Best Management Practice Handbook, or as directed by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV1GE_S38- 229DECRSTSPCOME Amending 38-230 "Subdivisions", "Erosion and Pollutant Control", "Maintenance of control measures" All sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the subdivider or subsequent land owner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The standards for maintenance of control measures shall be set forth in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the village engineer. PW- land owner should be landowner All sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the subdivider or subsequent land owner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The standards for maintenance of control measures shall be set forth in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook," or as directed by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV1GE_S38- 230MACOME Page 40 of 42 79 80 81 82 83 84 A B C D E F Amending 38-235 "Subdivisions", "Erosion and Pollutant Control", "Drain inlet protection" All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting acceptance design, criteria, standards and specifications approved by the village engineer. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting acceptance design, criteria, standards and specifications approved by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV1GE_S38- 235DRINPR Amending 38-236 (d)(1) "Subdivisions", "Erosion and Pollutant Control", "Additional requirements for runoff sites" (d)Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections (d)(1) and (2) or (d)(1) and (3) of this section. (1)All disturbed ground left inactive for 14 or more days shall be stabilized by temporary or permanent seeding; temporary or permanent seeding and mulching; sodding; covering with tarps; or equivalent control measures. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted and specified in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook" or by the village engineer. Variances from the requirements of this subsection may be granted by the village engineer upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party. (d)Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections (d)(1) and (2) or (d)(1) and (3) of this section. (1)All disturbed ground left inactive for 14 or more days shall be stabilized by temporary or permanent seeding; temporary or permanent seeding and mulching; sodding; covering with tarps; or equivalent control measures. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted and specified in the department of natural resources' "Wisconsin Construction Site Best Management Practice Handbook" or by the village engineer Public Works Director and Assigns. Variances from the requirements of this subsection may be granted by the village engineer Public Works Director and Assigns upon application, but only if the failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV1GE_S38- 236ADRERUSI Amending 38-236 (e-f) "Subdivisions", "Erosion and Pollutant Control", "Additional requirements for runoff sites" (e)Runoff from sites on slopes of 12 percent or more slope may require additional or different controls than listed in subsection (d) of this section. Requirements for such slopes shall be specified by the village engineer. (f)Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Straw bales or filter fence barriers shall be placed immediately on the downslope side of the piles. If remaining for more than 30 days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm- drain inlets must be protected with straw bales or other appropriate filtering barriers. If any soil or dirt storage pile described in this subsection is in existence for more than six months, the filter fabric or straw bales shall be replaced upon order by the village engineer. (e)Runoff from sites on slopes of 12 percent or more slope may require additional or different controls than listed in subsection (d) of this section. Requirements for such slopes shall be specified by the village engineer Public Works Director and Assigns. (f)Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Straw bales or filter fence barriers shall be placed immediately on the downslope side of the piles. If remaining for more than 30 days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm-drain inlets must be protected with straw bales or other appropriate filtering barriers. If any soil or dirt storage pile described in this subsection is in existence for more than six months, the filter fabric or straw bales shall be replaced upon order by the village engineer Public Works Director and Assigns. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV1GE_S38- 236ADRERUSI Amending 38-266 "Subdivisions", "Erosion and Pollutant Control", "Required; application submission" No landowner or land user may commence a land disturbance or land development activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the village. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this chapter shall submit an application for a permit, together with a control plan and pay an application fee to the village. The applicant may file supplemental information to comply with directives resulting from the village engineer's initial review. By submitting an application, the applicant is authorizing the village engineer and village building inspector to enter the site to obtain information required for the review of the control plan. No landowner or land user may commence a land disturbance or land development activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the village. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this chapter shall submit an application for a permit, together with a control plan and pay an application fee to the village. The applicant may file supplemental information to comply with directives resulting from the village engineer's Public Works Director and Assigns initial review. By submitting an application, the applicant is authorizing the village engineer Public Works Director and Assigns and village building inspector to enter the site to obtain information required for the review of the control plan. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV2COPLCOSTPE_ S38-266REAPSU Amending 38-269 (b, d) "Subdivisions", "Erosion and Pollutant Control", "Review of control plan" (b)Within three days of receipt of the application, a copy thereof, together with a copy of the control plan for activities covering more than one acre, shall be delivered to the village engineer for initial review. (d)If the village engineer or village building inspector finds the application or control plan or statement to be lacking necessary information or not in compliance with this chapter, the applicant shall be notified of the inadequacy as soon as practical after review. (b)Within three days of receipt of the application, a copy thereof, together with a copy of the control plan for activities covering more than one acre, shall be delivered to the village engineer Public Works Director and Assigns for initial review. (d)If the village engineer Public Works Director and Assigns or village building inspector finds the application or control plan or statement to be lacking necessary information or not in compliance with this chapter, the applicant shall be notified of the inadequacy as soon as practical after review. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV2COPLCOSTPE_ S38-269RECOPL Amending 38-270 (c)(8) "Subdivisions", "Erosion and Pollutant Control", "Permits" (c)Conditions. All permits shall require the permittee to: (8)Allow the village engineer or building inspector or agent of the village to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan. (c)Conditions. All permits shall require the permittee to: (8)Allow the village engineer Public Works Director and Assigns or building inspector or agent of the village to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV2COPLCOSTPE_ S38-270PE Page 41 of 42 85 86 87 88 89 90 91 A B C D E F Amending 38-289 (a, e) "Subdivisions", "Erosion and Pollutant Control", "Inspection" (a)The village engineer or building inspector may post a stop-work order if: (1)Any land disturbing or land developing activity regulated under this article is being undertaken without a permit; (2)The control plan is not being implemented in a good faith manner; or (3)The conditions of the permit are not being met. (e)Ten days after posting a stop-work order, the village engineer may issue a notice of the intent to perform work necessary to comply with this article. The village engineer may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the village, plus interest at the rate authorized by the village shall be billed to the permittee or the landowner. In the event the permittee or the landowner fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special charge against the property pursuant to Wis. Stats. § 66.60(16). Village could be village or village contractors (a)The village engineer Public Works Director and Assigns or building inspector may post a stop-work order if: (1)Any land disturbing or land developing activity regulated under this article is being undertaken without a permit; (2)The control plan is not being implemented in a good faith manner; or (3)The conditions of the permit are not being met. (e)Ten days after posting a stop-work order, the village engineer Public Works Director and Assigns may issue a notice of the intent to perform work necessary to comply with this article. The village engineer Public Works Director and Assigns may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the village, plus interest at the rate authorized by the village shall be billed to the permittee or the landowner. In the event the permittee or the landowner fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special charge against the property pursuant to Wis. Stats. § 66.60(16). https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H38SU_ARTVIERPOCO_DIV3EN_S38-289IN Amending 48-63 "Zoning", "Administration and Enforcement", "Appeals and applications" Appeals from the decision of the zoning officer concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeals shall be filed with the clerk within 30 days after the date or written notice of the decision or order of the zoning officer. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the clerk. Such appeals and applications shall include the following: (1)Name and address of the appellant or applicant and all abutting and opposite property owners of record within 500 feet of the subject property. (2)Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required on the standard village application. (3)Additional information required by the village plan commission, village engineer, board of appeals, or zoning officer. Appeals from the decision of the zoning officer concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeals shall be filed with the clerk within 30 days after the date or written notice of the decision or order of the zoning officer. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the clerk. Such appeals and applications shall include the following: (1)Name and address of the appellant or applicant and all abutting and opposite property owners of record within 500 feet of the subject property. (2)Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required on the standard village application. (3)Additional information required by the village plan commission, village engineer Public Works Director, board of appeals, or zoning officer. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H48ZO_ARTIIADEN_DIV2BOAP_S48-63APAP Amending 48-177 (a)(1) "Zoning", "District Specifications and Regulations", "Parking" (a)Generally. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following: (1)Adequate access to a public street shall be provided for each parking space, and driveways shall comply with village standards on file with village engineer. (a)Generally. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following: (1)Adequate access to a public street shall be provided for each parking space, and driveways shall comply with village standards on file with village engineer Public Works Director. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H48ZO_ARTIIIDISPRE_DIV3TRLOPAAC_S48- 177PA Amending 48-243 (4) "Zoning", "District Specifications and Regulations", "Application" Applications for conditional use permits shall be made on forms furnished by the village and shall include the following: (4)Additional information as may be required by the plan commission, village engineer , village administrator, building inspector, or village board. Applications for conditional use permits shall be made on forms furnished by the village and shall include the following: (4)Additional information as may be required by the plan commission, village engineer Public Works Director and Assigns, village administrator, building inspector, or village board. https://library.municode.com/wi/jackson/co des/code_of_ordinances?nodeId=COOR_C H48ZO_ARTIIIDISPRE_DIV5COUS_S48- 243AP Few Spots where Village Board or village board - If we aren't capitilizing other spots SHOULD Public Works Director and Assigns be capitilized. Page 42 of 42