Origination Date: 4/16/2010
Revision Dates:
City of Superior
CITY OF SUPERIOR
BUILDING AND CONSTRUCTION
POLICIES AND PROCEDURES
TABLE OF CONTENTS
PAGE
SECTION 1 – PURPOSE AND OBJECTIVES
1
SECTION 2 – INTRODUCTION
2
SECTION 3 – BUILDING
3
SECTION 4 – ELECTRICAL
4
SECTION 5 – MECHANICAL
5
SECTION 6 – PLUMBING
6
SECTION 7 – SITE EROSION CONTROL
9
SECTION 8 – POST-CONSTRUCTION STORMWATER MANAGEMENT
14
SECTION 1 - PURPOSE AND OBJECTIVES
1.1
PURPOSE
1.1.1
1.1.2
1.1.3
1.1.4
1.2
The following policies have been compiled to assist homeowners, developers,
builders and engineers in the development of plans and specifications in the City
of Superior.
Design and construction work shall conform to the most recent editions of the
following
A. City of Superior Standard Specifications
B. City of Superior Performance and Technical Standards
C. City of Superior Ordinances
D. Standard Specifications for Sewer and Water Construction in Wisconsin
E. Universal Dwelling Code
F. WISDOT Standard Specifications for Construction
Prior to beginning of construction, all regulatory agency permits and approvals
shall be obtained including but not limited to::
A. City of Superior
B. Army Corps of Engineers
C. Wisconsin Department of Natural Resources
D. Wisconsin Department of Transportation
E. Douglas County Zoning
This document does not take the place of or supersede the code requirements. It is
the responsibility of the property owner and/or applicant to provide accurate and
reliable information concerning the project in accordance with all applicable
codes.
OBJECTIVES
1.2.1
To clarify when a City of Superior permit is required.
1.2.2
To describe the required submittals for permit application.
1.2.3
To explain what is needed on a site plan.
1.2.4
To specify the requirements for complying with the Site Erosion Control
Ordinance.
1.2.5
To specify the requirements for complying with the Post-Construction
Stormwater Management Ordinance.
SECTION 2 - INTRODUCTION (BACKGROUND / GENERAL)
2.1
THIS SECTION RESERVED FOR FUTURE USE
Page 4
SECTION 3 - BUILDING
3.1
THIS SECTION RESERVED FOR FUTURE USE
Page 5
SECTION 4 - ELECTRICAL
4.1
THIS SECTION RESERVED FOR FUTURE USE
Page 6
SECTION 5 - MECHANICAL
5.1
THIS SECTION RESERVED FOR FUTURE USE
Page 7
SECTION 6 - PLUMBING
6.1
THIS SECTION RESERVED FOR FUTURE USE
Page 8
SECTION 7 - SITE EROSION CONTROL
7.1
7.2
DEFINITIONS.
7.1.1
Business day means a day the office of the City of Superior is routinely and
customarily open for business.
7.1.2
Impervious surface means a surface as measured on a horizontal plane which has
been compacted or covered with a layer of material so that it is highly resistant to
infiltration by rainwater. It includes, but is not limited to, all areas covered by
structures, roofs, patios, decks, porches, driveways, loading docks, parking lots,
sidewalks, and compacted clay and gravel which are used as driveways or parking
lots. Impervious Area is deemed to generate excess runoff in direct proportion to
the amount of Impervious Area on the Parcel as compared to property in its
undeveloped state.
7.1.3
MEP” or “maximum extent practicable” means a level of implementing best
management practices in order to achieve a performance standard specified in this
chapter which takes into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered and
threatened resources, historic properties and geographic features. MEP allows
flexibility in the way to meet the performance standards and may vary based on
the performance standard and site conditions.
7.1.4
New development means development resulting from the conversion of previously
undeveloped land or agricultural land uses.
7.1.5
Redevelopment means areas where development is replacing older development.
ADMINISTRATION.
7.2.1
ADMINISTRATIVE DUTIES
A. Keep an accurate record of all plan data received, plans approved, permits
issued, inspections made and other official actions.
B. Review all plans and permit applications received when accompanied with
the necessary information and the appropriate fee and issue the permits.
C. Investigate all complaints made related to erosion control.
D. Maintain a database of all properties responsible for annual reports. This
database shall track annual reports sent in and shall flag delinquent or
deficient reports. Staff shall take appropriate action on flagged reports to
bring those properties into compliance.
E. Revoke any permit granted under this document if the holder of the permit
has misrepresented any material fact in the permit application or plan; or has
failed to comply with the plan as originally approved or as modified in
writing; or has violated any of the other conditions of the permit as issued to
the applicant.
7.2.2
PERMIT TRANSFERS
Page 9
A. When a permittee and landowner act to transfer an interest in property
subject to an approved plan prior to completion of the proposed steps to
attain soil stabilization, the permittee must secure approval from the City of
Superior.
B. When a permittee and landowner transfer ownership, possession or control of
real estate subject to an uncompleted erosion control pan, the successor in
interest to any portion of the real estate shall be responsible to control soil
erosion and runoff and shall comply with the minimum standards provided in
this document.
C. When ownership, possession or control of property subject to an
uncompleted erosion control is transferred, the former owner (seller) shall
notify the new owner (buyer) as to the current status of compliance with
notice to the City of Superior, and provide a copy of the erosion control plan
or stormwater management plan, or both.
D. Transfers of interest in real estate subject to an approved, uncompleted plan
may be conducted consistent with this document under any or the following
arrangements:
7.3
1.
The transferee shall file a new, approved erosion control or stormwater
management plan, or both, with the City of Superior;
2.
The transferee shall obtain an approved assignment from the City of
Superior as sub-permittee to complete that portion of the approved plan
regulating soil erosion and runoff on the transferee’s property;
3.
The permittee shall provide the City of Superior with a duly completed
and executed continuing surety bond or certified check in an amount
sufficient to complete the work proposed in the approved plan; at the
time of transfer the permittee may seek to reduce the surety bond or
certified check to the appropriate amount to complete remaining work.
If the transferor enters into escrow agreements with the transferees to
complete an approved plan, these funds shall be available to the City of
Superior to attain plan compliance. When an approved erosion control
plan and, if required, a stormwater management plan is or are not
completed as proposed, the City of Superior may use the surety bond to
complete remaining work to achieve plan compliance.
PERMITTING REQUIREMENTS, PROCEDURES AND FEES.
7.3.1
REVIEW AND APPROVAL OF PERMIT APPLICATION. The following
approval procedure shall be used:
A. Within 30 business days of the receipt of a complete permit application, as
required, the Public Works Department shall inform the applicant whether
the application and plan are approved or disapproved based on the
requirements of this ordinance.
B. If the permit application and plan are approved, the Public Works
Department shall issue the permit.
Page 10
C. If the permit application or plan is disapproved, the Public Works
Department shall state in writing the reasons for disapproval.
D. The Public Works Department may request additional information from the
applicant. If additional information is submitted, the Public Works
Department shall have 30 business days from the date the additional
information is received to inform the applicant that the plan is either
approved or disapproved.
E. Failure by the Public Works Department to inform the permit applicant of a
decision within 30 business days of a required submittal shall be deemed to
mean approval of the submittal and the applicant may proceed as if a permit
had been issued.
7.3.2
PERMIT REQUIREMENTS:
A. Notify the Public Works Department within 48 hours of commencing any
land disturbing construction activity.
B. Notify the Public Works Department of completion of any BMPs within 14
days after their installation.
C. Obtain permission in writing from the Public Works Department prior to any
modification of the erosion and sediment control plan.
D. Install all BMPs as identified in the approved erosion and sediment control
plan.
E. Maintain all road drainage systems, stormwater drainage systems, BMPs and
other facilities identified in the erosion and sediment control plan.
F. Repair any siltation of erosion damage to adjoining surfaces and drainage
ways resulting from land disturbing construction activities and document
repairs in a site erosion control log.
G. Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which
results in runoff during active construction periods and at least once each
week, make needed repairs and document the findings of the inspections in a
site erosion control log with the date of inspection, the name of the person
conducting the inspection, and a description of the present phase of the
construction at the site.
H. Allow the Public Works Department to enter the site for the purpose of
inspecting compliance with the erosion and sediment control plan or for
performing any work necessary to bring the site into compliance with the
control plan. Keep a copy of the erosion and sediment control plan at the
construction site.
7.3.3
PERMIT CONDITIONS. Permits issued under this section may include
conditions established by Public Works Department.
7.3.4
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 Public Works Department
Page 11
may extend the period one or more times for up to an additional 180 days. The
Public Works Department may require additional BMPs as a condition of the
extension if they are necessary to meet the requirements of this ordinance.
7.4
EROSION AND SEDIMENT CONTROL PLAN, STATEMENT, AND
AMENDMENTS.
7.4.1
EROSION AND SEDIMENT CONTROL PLAN
A. The erosion and sediment control plan shall be designed to meet the
performance standards of COMM 60.20 and as clarified in Chapters COMM
60 to 66, Appendix A, A-60.20 (3) with the following change: all references
to one acre of disturbed area shall be replaced with 10,000 square feet of
disturbed area.
B. The plan requirements of this subsection must meet the erosion control plan
submittal requirements of s. NR 216.46 (4) and (5) and COMM 60.13 (1),
Wis. Adm. Code, and be prepared in accordance with good engineering
practices and design criteria, standards and specifications approved by the
WDNR.
C. Any land disturbing activity regardless of size that, in the opinion of the City
of Superior Public Works Department, has the potential to result in runoff
that exceeds the safe capacity of the existing drainage facilities or receiving
body of water, that causes undue channel erosion, that increases water
pollution by scouring or the transportation of particulate matter or that
endangers property or public safety, shall be required to submit a full erosion
and sediment control plan.
D. Any land disturbing activity regardless of size that requires the stabilization
of slopes in excess of 12% shall be required to submit a full erosion and
sediment control plan.
7.4.2
SIMPLIFIED EROSION AND SEDIMENT CONTROL PLAN
A. For each construction site with land disturbing construction activities of less
than 10,000 square feet, a simplified erosion and sediment control plan
statement shall be prepared as defined in the City of Superior Building and
Construction Policies and Procedures. This statement shall be submitted to
the Public Works Department.
B. The erosion and sediment control plan statement shall be designed to meet
the performance standards of COMM 60.20 and as clarified in Chapter
COMM 60-66, Appendix A, A-60.20 (3) with the following change: all
references to one acre of disturbed area shall be replaced with 10,000 square
feet of disturbed area.
C. The simplified erosion and sediment control plan requirement by this
subsection must consist of the following at a minimum:
1.
A brief narrative description of the construction site.
2.
Limits of disturbed area.
Page 12
7.4.3
3.
Limits of existing and proposed impervious area.
4.
All erosion control measures to be installed, including a dewatering
plan as needed.
5.
Existing and proposed culvert sizes.
6.
Topographical features and the existing and proposed direction of flow
of runoff.
7.
Fertilizer and seed types, rates and recommendations.
8.
Time schedules for stabilization of ditches and slopes.
9.
Existing and proposed stormwater discharge point locations.
AMENDMENTS. Requirements for submission of an amended plan are detailed
in the City of Superior Building and Construction Policies and Procedures.
A. Any proposed modifications to approved plans, construction schedules or
alterations to accepted sequencing of land disturbing site activities shall be
approved by the City of Superior prior to implementation of said changes.
7.5
VARIANCES.
7.5.1
No variance shall be granted unless applicant demonstrates and the City of
Superior finds that all of the following conditions are present:
7.5.2
Enforcement of the standard set for in this document will result in unnecessary
hardship to the landowner;
7.5.3
The hardship is due to exceptional physical conditions unique to the property;
7.5.4
Granting the variance will not adversely affect the public health, safety or
welfare, nor be contrary to the spirit, purpose and intent of this document;
7.5.5
The project will have no adverse impact upon any of the stated purposes of this
document as set forth in Section 7.4.1.
7.5.6
The applicant has proposed an alternative to the requirement from which the
variance is sought that will provide protection of the public health, safety and
welfare of the environment and public and private property to the maximum
extent practicable;
7.5.7
The net cumulative effect of the variance will not impact downstream conditions.
7.5.8
A variance may only be granted to the minimum extent necessary to afford relief
from the unnecessary hardship with primary consideration to water quality.
Page 13
SECTION 8 - POST-CONSTRUCTION STORMWATER MANAGEMENT
8.1
APPLICABILITY AND JURISDICTION.
8.1.1
APPLICABILITY.
A. Construction sites meeting the conditions listed below are required to obtain
a Post Construction Stormwater Management permit (PCSM permit or permit
hereafter in this section) from the City of Superior. Exemptions under s.
NR216.42 (2), (3), (5), (7), (8) and (11) apply.
8.2
1.
Construction sites of one acre or more of land disturbance or
2.
Construction sites that will result in the addition of 20,000 square feet
or more of impervious area
ADMINISTRATION AND PERMIT MANAGEMENT.
8.2.1
ADMINISTRATIVE DUTIES OF THE CITY OF SUPERIOR
A. Keep an accurate record of plan data received, plan approvals, permits
issued, inspections made, and other official actions.
B. Review plans and permit applications received when accompanied with the
necessary information and the appropriate fee and issue the permits.
C. Determine the milestones which will trigger notification from the responsible
party(s) and the minimum number of construction inspections required.
D. The City of Superior shall perform construction inspections within 10 days of
notification from the responsible party.
E. Investigate complaints made related to land disturbing construction activities
or post-construction stormwater management.
F. Maintain records of site inspections, inform the responsible party(s) or
party(s) responsible for maintenance of the inspection results, set a timeframe
for correction of identified deficiencies.
G. Maintain a database of permitted Post Construction Stormwater Management
properties.
H. Revoke any permit granted under this Section if the permitted property’s
Owner and/or Agent has
8.2.2
1.
Misrepresented any material fact in the permit application or plan OR
2.
Has failed to comply with the plan as originally approved or as
modified in writing OR
3.
Has violated any of the other conditions of the permit assigned to the
applicant.
PERMIT TRANSFERS
A. When a permitted property has a transfer of ownership or possession or
control, the successor in interest of any portion of the real estate shall be
responsible to control runoff and comply with the permit conditions.
Page 14
B. When ownership, possession, or control of property subject to a PCSM
permit is transferred, the former owner (seller) shall notify the new owner
(buyer) as to the current status of compliance with notice to the City of
Superior, and provide a copy of the PCSM permit and related documents.
C. Transfers of interest in real estate subject to a PCSM permit where the
construction has not been completed may be conducted consistent with this
document under any of the following arrangements:
8.2.3
1.
The transferee shall obtain a new PCSM permit, from the City of
Superior
2.
The transferee shall obtain an approved assignment from the City of
Superior as sub-permittee to complete construction in accordance with
the approved PCSW permit on the transferee’s property.
3.
The permittee shall provide the City of Superior with a duly completed
and executed continuing surety bond or certified check in an amount
sufficient to complete the work proposed in the approved plan; at the
time of transfer the permittee may seek to reduce the surety bond or
certified check to the appropriate amount to complete remaining work.
If the transferor enters into escrow agreements with transferees to
complete an approved plan, these funds shall be available to the City of
Superior to attain plan compliance. When an approved erosion control
plan and, if required, a stormwater management plan is or are not
completed as proposed, the City of Superior may use the surety bond to
complete remaining work to achieve plan compliance.
PLAN OR PERMIT AMENDMENTS.
A. The permittee shall obtain approval from the City of Superior for any
proposed modifications to approved plans, construction schedules or
alterations to accepted sequencing of land disturbing site activities prior to
implementation of said changes.
8.3
PERMITTING REQUIREMENTS, PROCEDURES AND FEES.
8.3.1
APPROVAL.
A. Within 14 business days of the receipt of a complete permit application,
including submittals required by 8.3.2, the Public Works Department shall
inform the applicant whether the application is approved or disapproved
based on the requirements of this article.
B. If the permit application and plan are approved, the Public Works
Department shall issue the permit.
C. If the PCSW permit application is disapproved, the Public Works Department
shall detail in writing the reasons for disapproval.
D. The Public Works Department may request additional information from the
applicant. If additional information is requested, the Public Works
Department shall have 14 business days from the date the additional
Page 15
information is received to inform the applicant that the application is either
approved or disapproved.
E. Failure by the Public Works Department to inform the permit applicant of a
decision within the application timeframes shall be deemed to mean approval
of the submittal and the applicant may proceed as if a permit had been issued.
8.3.2
REQUIRED SUBMITTAL INFORMATION.
A. Completed application form and applicable fee:
1.
The application must be signed by the landowner or include a notarized
statement signed by the landowner authorizing the applicant to act as
the landowner’s agent and bind the landowner to the terms of this
Section and issued PCSM permit..
B. The Stormwater Management Plan shall conform to the requirements in NR
216.47 except as modified herein.
1.
2.
3.
4.
5.
6.
Modeling for complying with performance standards in Section 8.3.3
B. of this document shall be included in the Stormwater Management
Plan.
a. All modeling data shall be submitted in both paper and electronic
formats.
b. Explanation of model input values and assumptions.
c. Water Quality modeling shall include TSS, Phosphorus, and
applicable Pollutants of Concern regulated by a Total Maximum
Daily Load (TMDL)
d. Peak Flow modeling shall report pre- and post-developed
conditions.
Practices During Construction: The plan shall include a description of
the management practices that will be installed during the construction
process conforming to Section 7 of this document.
The Stormwater Management Plan shall include a copy of the Longterm Maintenance agreement signed by the responsible party.
Property/Site map with location of BMP(s).
The Stormwater Management Plan shall include applicable sections of
the construction plans and specifications.
A proposed timetable and schedule for completion and installation of
all elements of approved stormwater management plans and a schedule
for completion of construction.
C. An estimate of the cost of completion and installation of all elements of the
approved stormwater management plan and evidence of financial
responsibility to complete the work proposed in the plan. The City of
Superior may require a financial security instrument in a form approved by
the City Attorney sufficient to guarantee completion of the stormwater
management plan.
D. Copies of permits or permit applications or approvals required by any other
government entity.
Page 16
8.3.3
PERMIT REQUIREMENTS.
A. All PCSW permits issued shall be subject to the conditions detailed herein.
1.
Compliance with this permit does not relieve the responsible party of
the responsibility to comply with other applicable federal, state, and
local laws and regulations.
a. The responsible party shall design and install all structural and nonstructural stormwater management measures in accordance with the
approved stormwater management plan and this permit.
b. The responsible party shall notify the Public Works Department at
least five (5) business days before commencing any work in
conjunction with the stormwater management plan, and within five
(5) business days upon completion of the stormwater management
practices. The responsible party shall make additional notification
as set forth by the Public Works Department so that stormwater
management BMPs can be inspected during construction.
2.
The responsible party shall notify the Public Works Department of
modifications it intends to make to an approved stormwater
management plan. The Public Works Department may require that the
proposed modifications be submitted for approval prior to
incorporation into the stormwater management plan and execution by
the responsible party. The responsible party shall submit record
drawings or “as built” drawings certified by a licensed professional
engineer upon completion of the project.
3.
The responsible party shall maintain all stormwater management BMPs
in accordance with the stormwater management plan until the BMPs
are transferred to subsequent owners as specified in the approved
maintenance agreement.
4.
The responsible party authorizes the Public Works Department to
perform any work or operations necessary to bring stormwater
management measures into conformance with the approved stormwater
management plan and permit, and consents to a special assessment or
charge against the property as authorized under subch: VI and VII of
ch. 66, Wis. Stats., or to charging such costs against the financial
guarantee posted.
5.
If so directed by the Public Works Department, the responsible party
shall repair, at the responsible party’s own expense, all damage to
adjoining municipal facilities and drainage ways caused by runoff,
where such damage is caused by failure to comply with the approved
stormwater management plan and permit.
6.
The responsible party shall allow property access to the Public Works
Department or its designee for the purpose of inspecting the property
Page 17
7.
The Public Works Department may require the responsible party to
make appropriate legal arrangement with affected property owners
concerning the prevention of endangerment to property or public safety
when site development or redevelopment involves
a. changes in direction of runoff from the site OR
b. increase in peak flow discharging from the site OR
c. increase of total volume of runoff discharging from the site
8.
The responsible party is subject to the enforcement actions and
penalties detailed in the ordinance, if the responsible party fails to
comply with the terms of this permit.
9.
By Jan 30 of each year, the permittee shall submit to the City an annual
report detailing the operation and maintenance of the BMP for the prior
year.
B. Post-construction construction performance standards detailed herein shall be
conformed to as applicable.
1.
Stormwater Management Plan for Non-Transportation Projects
a. The stormwater management plan shall be designed to meet the
applicable performance standards of s. NR 151.12 with the
following modifications:
1)
s. NR 151.12(2)(c) – Replace with: a redevelopment postconstruction site with no increase in exposed parking lots or
roads and no increase in impervious area.
2)
s. NR 151.12(5)(a)(2) – Only applies to redevelopment postconstruction sites with an increase in exposed parking lots or
roads.
3)
s. NR 151.12(5)(b) 1 – Reference to 2-year design storm
shall be replaced with: 2-year, 10-year and 100-year 24 hour
NRCS Type II design storms.
4)
s. NR 151.12(5)(b)2a – Replace with: A post-construction
site where the associated discharge drains direction to the St.
Louis River or Lake Superior without passing through any
portion of the City of Superior’s conveyance system AND
does not increase the existing surface water elevation at any
point in the downstream receiving water by more than 0.01
of a foot for the 2-year and 100-year, 24 hour NRCS Type II
design storm events.
5)
s. NR 151.12(5)(b)2b – Replace with: A redevelopment
post-construction site with no increase in impervious area.
Page 18
6)
s. NR 151.12(5)(b)2c – Not applicable.
7)
s. NR 151.12(5)(c) – Not applicable.
8)
s. NR 151.12(5)(f) – Replace with: Privately owned BMPs
may be located
a) on-site OR
b) off-site if one of the following is true:
(1) BMPs are part of a common plan of development
with sufficient capacity for conveyance and
treatment.
(2) BMPs locations are pre-approved by the Public
Works department.
b. No exception to the permit requirements and stormwater
management plan performance standards will be made for sites
located within or tributary to combined sewer districts.
c. Review will be on a case by case basis for permit requirements and
stormwater management plan performance standards for sites
tributary to municipal regional stormwater treatment facilities.
2.
Stormwater Management Plan for Transportation Projects
a. The stormwater management plan shall be designed to meet the
applicable performance standards of s. NR 151.24 with the
following modifications:
1)
s. NR 151.24(1)(e) – Replace with: A redevelopment
transportation facility with no increase in exposed parking
lots, roads, and no increase in impervious area.
2)
s. NR 151.24(1)(h) – Replace with: A transportation facility,
the construction of which involves activity described in s.
NR 151.23(1)(a) 2. but has less than one acre of land
disturbing construction activity and an addition of not more
than 20,000 square feet of impervious area.
3)
s. NR 151.24(3)(b) – Only applies to redevelopment postconstruction sites with an increase in exposed parking lots or
roads.
4)
s. NR 151.24(4)(a) – Reference to 2-year design storm shall
be replaced with: 2-year, 10-year and 100-year 24 hour
NRCS Type II design storms.
5)
s. NR 151.24(4)(b)(1) – Replace with: A transportation
facility where the associated discharge drains direction to the
St. Louis River or Lake Superior without passing through
any portion of the City of Superior’s conveyance system
AND does not increase the existing surface water elevation
Page 19
at any point in the downstream receiving water by more than
0.01 of a foot for the 2-year and 100-year, 24 hour NRCS
Type II design storm events.
6)
s. NR 151.24(4)(b)(2) – Replace with: a highway
reconstruction site with no increase in impervious area.
7)
s. NR 151.24(4)(b)(3) – Replace with: a transportation
facility that is part of a redevelopment project with no
increase in impervious area.
8)
s. NR 151.24(5) – not applicable.
9)
s. NR 151.24(8) – Replace with: Privately owned BMPs
may be located
a) on-site OR
b) off-site if one of the following is true:
(1) BMPs are part of a common plan of development
with sufficient capacity for conveyance and
treatment.
(2) BMPs locations are pre-approved by the Public
Works department.
8.4
MAINTENANCE AGREEMENT.
8.4.1
AGREEMENT PROVISIONS.
A. Maintenance is the responsibility of the owner, and facilities are subject to
inspection and orders for repairs. Proof of maintenance is required with each
annual report.
B. The maintenance agreement shall contain the following information and
provisions and be consistent with the maintenance plan:
1.
Identification of the stormwater facilities and designation of the
drainage area served by the facilities.
2.
Identification of the party(s) responsible for long-term maintenance of
each stormwater practice identified in the stormwater management
plan.
3.
Requirement of the responsible party(s) to inspect and maintain the
BMPs in accordance with the stormwater management plan.
4.
A schedule for regular maintenance of each aspect of the stormwater
management system consistent with the stormwater management plan.
a. Requirement that the responsible party(s) shall maintain stormwater
management practices in accordance with this schedule
5.
Requirement of the responsible party(s) to maintain inspection and
maintenance records.
Page 20
8.5
6.
Authorization for the City of Superior 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.
7.
Agreement that the responsible party(s) shall complete any specified
corrective actions identified by the City of Superior within the
timeframe set by the City of Superior or within a reasonable timeframe
if no timeframe is set by the City of Superior.
8.
Authorization of the City of Superior to perform necessary corrective
actions if they are not completed in the specified timeframe. The City
of Superior shall provide the responsible party(s) of an accounting of
the costs and expenses incurred by the City to complete the corrective
actions. The City will enter the amount due on the tax rolls and collect
the money as a special assessment or charge against the property
pursuant to subch. VI and VII of ch. 66, Wis. Stats.
VARIANCES.
8.5.1
VARIANCE CONDITIONS.
A. No variance shall be granted unless applicant demonstrates and the City of
Superior finds that all of the following conditions are present:
1.
Enforcement of the standards set forth in this document will result in
unnecessary hardship to the landowner and the hardship is due to
exceptional physical conditions unique to the property;
2.
Granting the variance will not adversely affect the public health, safety
or welfare nor be contrary to the spirit, purpose and intent of this
document.
3.
The project will have no adverse impact upon any of the stated
purposes of this document.
4.
The applicant has proposed an alternative to the requirement from
which the variance is sought that will provide equivalent protection of
the public health, safety and welfare, the environment and public and
private property; and
5.
The net cumulative effect of the variance will not impact downstream
conditions.
B. A variance may only be granted to the minimum extent necessary to afford
relief from the unnecessary hardship, with primary consideration to water
quality if all conditions are met.
C. A variance from the provisions may only be granted if:
1.
The applicant has met the requirements.
2.
The applicant will be denied all reasonable and beneficial use of the
property if the variance is denied.
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D. A person aggrieved by a variance determination by the City of Superior may
appeal the decision to the Director of Public Works.
E. A variance may be granted to two or more property owners, including
governmental agencies that submit one runoff control plan for two or more
parcels of land. In the event it is in the interest of the City to participate with
another property owner(s) in a runoff control plan and contribute available
stormwater detention capacity, or construct stormwater treatment facilities on
City lands, the other participant(s) shall reimburse the City an amount equal
to the value of the City lands used, but not less than the fair market value of
unimproved lands, plus the estimated construction cost of the detention
capacity that would have been required of the other participant(s) to serve
their lands in order to comply with this document.
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