1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 4: Public Works

 

Chapter 1: Streets, Sidewalks, and Bridges

 

Sec. 4-1-1 Permits for Opening in Streets and Public Rights-of-Way

(a) PERMIT REQUIRED. No person including a utility if not exempted by applicable law, shall make any cut or opening in any street or public right-of-way owned by the City or under the authority or control of the City without first obtaining a permit to do so from the Director of Public Works or his or her authorized representative. Wherever the word "street" is used in this Section, it shall be deemed to refer and have application to "public rights-of-way" unless expressly stated to the contrary.

(b) APPLICATION FEE. Applicants shall be required to pay a fee for such permit. See Schedule of Fees in Title 1 for fee amount.

(c) PERMIT REGULATIONS. Such permits, including those issued to licensed plumbers and authorized public utility corporations, shall be granted and issued upon the following terms and conditions:

(d) CHARGE FOR REPAIRS. When the City shall make such street repairs, the charge for the same shall be the City's actual cost.

(e) CONSTRUCTION STANDARDS. The construction operations contemplated under the terms of such permit shall conform to all requirements for the specific class of work as may be set forth in the Wisconsin Statutes and to the regulations imposed by all legally empoweredcommissions, boards or individuals having jurisdiction therein. Any change, future or present, necessitated by the improvement or alteration in the street, shall be performed at the cost and expense of the applicant.

(f) BOND REQUIRED. No person shall excavate in or open any street, sidewalk or other public place or receive a permit for such work until a bond as specified herein shall have been executed, approved, and filed. Such bond shall be executed to the City in the sum of $5,000.00 by the principal therein and by two sureties or by the principal and a surety company authorized to do business in the State and shall be conditioned that the principal therein will perform faithfully all work with due care and skill and in accordance with the law, ordinances, rules and regulations governing such work. The bond shall provide that the person will indemnify the City and save it harmless against all damages, costs, expenses, outlays and claims arising out of any unskillfulness or negligence of such principal, his agent, employees and subcontractors in connection with such work. Such bond shall be approved as to form and sufficiency of the sureties by the City Manager and after such approval shall be filed with the City Clerk-Treasurer. If the sureties on such bond or any of them shall become insolvent or leave this State, the City Manager may require a new bond. After such new bond has been required, the principal therein shall not do any more such work until a new bond has been executed, approved and filed.

Sec. 4-1-2 Obstructions of Public Ways

(a) PROHIBITED. No person shall obstruct or encroach upon any street, alley, sidewalk, dock, or wharf or any other public place in the City without the approval of the City Manager, provided goods, wares and merchandise may be loaded and unloaded which do not extend more than three feet on one sidewalk and do not remain thereon more than two hours, unless this is not physically possible.

(b) MOVING BUILDINGS. A permit may be granted under the building code provisions of this Municipal Code to temporarily obstruct a street by the moving of a building thereon.

(c) WIRES OVER PUBLIC WAYS. Except as authorized by the City Manager, no person shall erect a wire, device, equipment over a public right of way.

Sec. 4-1-3 Closing Streets

  While public work is being done on any street, the City Manager or his authorized agent may close such street, or he may close that part of the street on which the public work is being done by the erection of barriers. No person shall interfere with such barriers nor shall any person pass beyond such barriers with any vehicle, or walk or travel upon that portion of the street that is closed to travel or upon the materials placed on or near the street as part of the public works.

Sec. 4-1-4 Construction and Repair of Sidewalks

(a) WHERE SIDEWALKS REQUIRED.

(b) EXEMPTIONS.

(c) LOCATION AND CONSTRUCTION.

(d) TIMING OF INSTALLATION.

(e) VARIANCE. The Council is empowered to hear and decide requests for temporary variances to the sidewalk requirements where, owing to special conditions peculiar to a specific lot or tract of land, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the Section shall be observed, public safety and welfare secured and substantial justice done. A public hearing shall not be required, and there is no fee for the review of the request. If a temporary variance is granted, the minutes shall clearly show in what particular and specific respects unnecessary hardship or practical difficulty has been established. The Council may cancel a temporary variance when conditions change, removing the reasons for the variance, or where other compelling reasons are found to exist.

(f) MAINTENANCE. Property owners shall maintain their sidewalks in good repair and in a safe condition. If the property owner fails to maintain a sidewalk as required, the City will cause the work to be done and the cost shall be assessed against the property.

(g) PERMIT REQUIRED.

Sec. 4-1-5 City Property, Prohibited Persons

  No person other than those with specific permission shall be permitted on the following described premises owned by the City, except for the purposes of access to the South Pier and parking for those persons using said access and except as otherwise herein provided:

(a) Tract A consisting of Lots 1, 2, 3, 4, 5, and 6, of Block 104

(b) Tract B consisting of vacated Jefferson Street between Block 104 and Block 105

(c) Tract C consisting of vacated Lake Street between Block 81 and Block 104

(d) Tract D consisting of all that land in Block 105 South and West of the following described line: Commence at an iron pipe located at the point where the East line of Lot 1 in Block 104 in said subdivision intersects the Southerly line of Lake Street, as originally laid out in said subdivision plat; run thence Northeasterly along the Southerly side of Lake Street, as originally laid out in said subdivision plat, a distance of eighty-seven and eighty-two hundredths feet (87.82') to an iron pipe; run thence Southeasterly at an interior angle of ninety-four degrees (94o 00') a distance of ninety-three and twelve hundredths feet (93.12'); thence measure in an Easterly direction at an interior angle of one hundred twenty-one degrees and thirty minutes (121o 30') a distance of three hundred seventy-one and eighty-one hundredths feet (371.81'), thence run Southeasterly at an interior angle of one hundred twenty-one degrees and forty-one minutes (121o 41') a distance of plus or minus three hundred eighty-two feet (382').

Sec. 4-1-6 Snow and Ice Removal

  The owner of every building, lot or part of a lot within the City fronting upon a public sidewalk shall remove or cause to be removed all snow and ice from such sidewalk within 24 hours from the time when the snow ceases to fall. If such snow or ice is not removed, the City Manager may cause such to be removed and shall report the cost of such removal to the City Clerk-Treasurer who shall insert such cost in the tax roll as a special tax and lien against the premises.

Sec. 4-1-7 Trap Doors

(a) APPROVAL REQUIRED. No trap door or opening in any sidewalk shall be permitted to extend beyond the lot line into the highway right-of-way unless approval shall have been obtained from the City Engineer.

(b) CONSTRUCTION OF SIDEWALK OPENINGS. All trap doors and openings in sidewalks shall be substantially constructed and no portion of the same shall extend unnecessarily above the level of the sidewalk.

(c) REMOVAL FOR NONCOMPLIANCE. If the owner of such trap door or opening in sidewalk, shall fail to apply for such approval, or if the same does not comply with standards established by the Department of Public Works, he shall be obliged to remove such trap door or sidewalk opening upon ten (10) days notice from the City Engineer and such owner shall not be entitled to any damages on account of such removal; and if he shall not remove it upon due notice, it shall be removed at the applicant's expense by the City and the cost assessed against the property.

Sec. 4-1-8 Railroad Crossing Regulations

(a) Any person owning, running or having in charge any railroad, locomotive or railroad cars or any other vehicle used by any railroad company or other persons or any railroad in the City is hereby required to either station a flagman, or in lieu thereof, to place and operate gates at the crossing where the railroad crosses the public street at the following named places:

(b) When flagmen are stationed at such crossings, such flagmen shall be stationed at or near the center of the streets at least two minutes before cars cross the streets crossed by the railroad. Such flagmen shall warn all persons who attempt to cross the streets of the fact that cars are about to cross the same by waving a white flag or a white lantern.

Sec. 4-1-9 Bridges

(a) NOTICE TO OPEN REQUIRED. The operator of any boat desiring to pass through any lift bridge in the City shall notify the Public Works Department or Police Department of his intention to pass through such bridge. The City employees shall be allowed a reasonable time thereafter to open such bridge.

(b) BRIDGES ON WEST TWIN RIVER. To avoid traffic congestion, the bridges on the West Twin Rivers shall not be opened between 6:30 AM and 7:00 AM, 7:30 AM to 8:00 AM, 11:55 AM and 1:00 PM, 3:30 PM and 4:15 PM, or 4:45 PM and 5:15 PM, on any day, except Saturdays, Sundays, and holidays when they may be opened at any time.

Sec. 4-1-10 Regulation of Terrace Areas

(a) DEFINITION. "Terrace Areas" means the land between the normal location of the street curbing and sidewalk. Where there is no sidewalk, the area four feet six inches (4'6") from the curb line shall be deemed to be a terrace for the purpose of this section.

(b) NOXIOUS WEEDS; PAVING. All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds and rank growth and shall not be paved, surfaced or covered with any material which shall ultimately prevent the growth of plants. Existing paved or surfaced areas will be permitted to remain. Except where there is no curbing, the part of the terrace not covered by a sidewalk shall be maintained as a lawn, other than areas specifically approved in writing by the City Manager or his designee where maintenance of a lawn is not feasible.

(c) RESPONSIBILITY TO MAINTAIN. Every owner of land in the City of Two Rivers whose land abuts a terrace is required to maintain, or have maintained by his tenant, the terrace directly abutting such land as provided in this Section and elsewhere in this Code.

(d) UNAUTHORIZED POLES AND SIGNS. No person shall erect or place any pole, sign or other device or structure other than curb-side mailboxes and approved informational signs in any terrace area outside of the area zoned Waterfront Commercial in the Rogers Street Fishing Village, where the City Manager may provide written authorization to erect posts for business signs in keeping with the historical nature of the area.

(e) MERCHANDISE, ETC., NOT BE PLACED ON TERRACE.

(f) MERCHANDISE OR PERSONAL PROPERTY ON PUBLIC SIDEWALKS OR WITHIN PUBLIC RIGHTS-OF-WAY IN THE CENTRAL BUSINESS DISTRICT

Sec. 4-1-11 Curb Cuts and Driveway Approaches

(a) Curb cuts and driveway approaches constructed within the City right-of-way shall be constructed in accordance with the requirements of the Department of Public Works as follows:

Sec. 4-1-12 Deposit of Snow and Ice on Streets Prohibited

(a) It is unlawful for any person in clearing snow from parking lots, driveways, filling stations, garages or other areas to pile or distribute snow, or cause snow to be piled or distributed, in a street or alley in any manner that tends to narrow the traveled portion of the street, prevent parking at the curb, or in any other way impede snow removal or create a traffic hazard, except that, on designated streets where snow is windrowed to the center and picked up by the City, snow may be deposited in the windrow prior to its being picked up by the City; however, it may not be so deposited in any way that tends to restrict or inhibit traffic from flowing in at least one lane in each directions or in any other way impede snow removal or create a traffic hazard, however, permission may be granted by the City to deposit snow in the windrow area as described after a pick-up, if a second pick-up is planned by the Department of Public Works. Persons having an accumulation of snow that cannot be removed as set forth in this Section shall be responsible for its handling at their own expense without depositing same in the public streets or alleyways.

Notwithstanding the foregoing, no snow from private property may be piled or distributed in a public street or alley, pursuant hereto unless there has first been paid to the City any and all special charges for snow removal imposed by the City on the property from which such snow is cleared pursuant to Section 66.0627 of the Wisconsin Statutes or any successor to that statute, or otherwise imposed pursuant to applicable law. Such special charges must be paid even in cases where deposit of snow in streets is allowed pursuant to the preceding paragraph of this subsection (a).

(b) Any person violating this Section shall be subject to a fine of not less than $50.00 for the first offense, not less than $150.00 for the second offense, and not less than $250.00 for each offense thereafter, with a maximum fine in each instance not to exceed $500.00

(c) The word person as used in this Section 4-1-12 shall include any natural person or entity which owns or leases the private property from which snow is removed, or the natural person or entity which removes snow from private property at the owner or lessee's request.

Sec. 4-1-13 Storm Water Diversion

 Whenever a storm sewer is available or becomes available for connection, any property owner with a sump pump or other storm water diversion system shall be required to connect to it. In the case of all sump pump or other storm water diversion facilities constructed in connection with a new building or moved building after May 16, 1994, a storm sewer shall be deemed "available" if there is a storm sewer located in any street, easement or public way which abuts the property. In other cases, a storm sewer shall be deemed "available" if a catch basin is located adjacent to the property or if a new storm sewer, lateral or other drainage system is installed on any street, easement or public way which abuts the property. In the event an alternate means of diverting sump pump or other storm water is available and the alternate means does not adversely affect other property owners, the Director of Public Works or his designate may grant permission to the property owner in writing to use the alternate means of diverting sump pump or other storm water. In no instance shall any sump pump or other storm water diversion system be connected to a sanitary sewer.

 In cases where a storm sewer is not available, the property owner may continue to divert storm water so that it flows onto public streets, easements or public way, except where such diversion creates a hazard for pedestrians or vehicular traffic, whether by ice accumulation or otherwise. The Director of Public Works or his designate is authorized to issue orders for compliance of this section.

Chapter 2: Trees and Shrubs

 

Sec. 4-2-1 Statement of Policy and Applicability of Chapter

(a) INTENT AND PURPOSE. It is the policy of the City to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks, or other public areas; to promote and enhance the beauty and general welfare of the City; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located in public areas; and to guard all trees and shrubs both public and private within the City against the spread of disease, insects or pests.

(b) The provisions of this chapter shall apply to trees and shrubs growing or hereafter planted in or upon public areas and terrace areas and also to all trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety, or welfare of the public or of any public areas.

Sec. 4-2-2 Definitions

  Unless specifically defined below, the words or phrases used in this Chapter shall be so interpreted as to give them the meaning they have at common law and to give this Chapter its most reasonable application:

(a) PERSON. "Person" shall mean person, firm, association or corporation.

(b) CITY. "City" is the City of Two Rivers, Wisconsin.

(c) PUBLIC AREAS. "Public Areas" includes all public parks and other lands owned, controlled or leased by the City except the terrace areas.

(d) PUBLIC TREES AND SHRUBS. "Public Trees and Shrubs" means all trees and shrubs located or to be planted in or upon public areas.

(e) PUBLIC NUISANCE.

(f) TERRACE AREAS. "Terrace Areas" means the land between the normal location of the street curbing and sidewalk.

(g) FORESTRY PROGRAM. "Forestry Program" means a comprehensive annual plan including maintenance, inventory, new planting and budget, with projections for annual and long-range implementation.

(h) CLEAR SIGHT TRIANGLE. "Clear Sight Triangle" means a triangle formed by the curb lines of two intersecting rights-of-way and a third line connecting a full-view zone at corners of streets, alleys and highways.

(i) MAJOR ALTERATION. Pruning a tree beyond necessary pruning to comply with this chapter.

Sec. 4-2-3 Authority of City Forester to Preserve or Remove Trees and Shrubs and Abate Public Nuisances

(a) AUTHORITY OVER PUBLIC TREES AND SHRUBS. The City Forester may plant, trim, spray, preserve, renew and remove public trees and shrubs or cause such work to be done as may be necessary to insure the safety, preserve the beauty of public areas, and to protect public property, sewers and water mains from damage or injury.

(b) AUTHORITY OVER PRIVATE TREES AND SHRUBS AND TERRACE TREES.

Sec. 4-2-4 Authority of City Forester to Enter Private Premises

  The City Forester or his authorized representative may enter upon private premises at all reasonable times upon reasonable notice for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this chapter.

Sec. 4-2-5 Interference with the City Forester Prohibited

  No person shall interfere with the City Forester or his authorized representative while they are engaged in carrying out any work or activities authorized by this chapter.

Sec. 4-2-6 Abatement of Infectious Tree Insect/Disease Nuisances

(a) Whenever the City Forester shall find with reasonable certainty on examination or inspection that any public nuisance due to infectious tree insect/disease nuisances exists within the City, he/she shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of determined infectious insects or disease or the insect pests or vectors known to carry such disease.

(b) Before abating any nuisance on private premises or in any terrace strip between the lot line and the curb, the City Forester shall proceed as follows:

(c) No damage shall be awarded to the owner for destruction of tree, wood, material or any part thereof pursuant to this chapter.

Sec. 4-2-7 Assessment of Costs of Abatement

(a) The entire cost of abating any public nuisance as defined herein that is located on private premises shall be charged to and assessed against the parcel or lot upon which such tree is located or the parcel or lot upon which such tree stands in accordance with Section 66.60(16) or Section 27.09, Wis. Stats. The cost of abating any such nuisance or part thereof which is located in or upon any park, public grounds, or terrace areas shall be borne by the City.

(b) A special charge may be levied against property for the cutting down and removing therefrom any tree infected with determined infectious tree insect/disease. The special tax shall be paid in accordance with Section 66.60(16), Wis. Stats.

Sec. 4-2-8 City Terrace Area Master Tree Plan

  The City Terrace Area Master Tree Plan consists of a City-wide, street-by-street written evaluation of all public rights-of-way and public areas space and site factors which will aid in the determination of the tree genus and species and variety best suited to a particular planting site in regard to growth habits, shape, form, health, disease, insect and pest resistance, conflict with wires, lights, pavement, traffic, pedestrians, sidewalks, environmental pollution, sewers and space availability. The evaluation of the space and site factors and the genus and species and variety selection for a particular street shall be made by the City Forester.

Sec. 4-2-9 Permit for Planting of Public Trees

(a) PERMIT REQUIRED. Tree planting within any terrace or public area is permitted after obtaining a written planting permit from the City Forester as herein provided. There is no cost for the permit. All work performed under the authorization of the permit shall be at the sole expense of the permit holder.

(b) PERMIT EXEMPTIONS. No permit shall be required to cultivate, fertilize or water trees or shrubs. No permit is necessary to plant trees inside the property line.

(c) PERMIT REQUIREMENTS AND CONDITIONS. If the City Forester determines that the proposed tree planting described in the written permit ensures proper tree size, species, shape, location and conditions, taking into account the safety. Health and welfare of the public, location of utilities and availability of a tree planting space, they shall issue a permit to the applicant.

(d) PERMIT FORM: EXPIRATION, INSPECTION. Every tree planting permit shall be issued on a standard City of Two Rivers tree planting form. Any tree planting under such permit must be performed in strict accordance with the terms thereof and the provisions of this Chapter. Tree planting permits shall expire six (6) months after date of issuance.

Sec. 4-2-10 Planting and Pruning Trees and Shrubs

(a) PLANTING.

(b) PRUNING.

Sec. 4-2-11 Obstruction of View at Intersections Prohibited

 Not withstanding any other provisions of this chapter, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the City, any hedge, tree, shrub, or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. A clear sight triangle shall be maintained to a minimum distance of 15 feet from the corner of two intersecting streets.

Sec. 4-2-12 Injury to Trees and Shrubs Prohibited

(a) No person shall, without the consent of the owner in the case of a private tree or shrub, or without written permits from the City Forester in the case of a terrace area tree, public tree or shrub do or cause to be done by others any of the following acts:

Sec. 4-2-13 Removal of Trees and Shrubs from Public Areas and Terraces

 No citizen shall remove or cause to be removed any tree or shrub from any public area or terrace.

Sec. 4-2-14 Transporting Infectious Wood or Brush

 No person shall transport into the City, any infectious tree insect/disease bark bearing wood or brush without securing a written permit from the City Forester.

Sec. 4-2-15 Cost of Planting, Removal, Maintenance and Protection of Trees and Shrubs in Terrace Areas

 The entire cost of tree removal, planting, maintenance, pruning, and protection of trees on all terrace areas shall be borne by the City except in circumstances of prearranged City sponsored planting campaigns or tree planting permit holders and the conditions herein provide in Section 4-2-9.

Sec. 4-2-16 License for Commercial Operators

(a) LICENSE REQUIRED. No person for compensation shall plant, prune, trim, spray, or remove any tree or shrub in the City without first obtaining a license from the City.

(b) APPLICATION FOR LICENSE: FEE.

(c) QUALIFICATIONS OF APPLICANTS.

(d) INSURANCE REQUIREMENTS. Every applicant for a license under this section shall, before obtaining the license or any renewal of a license, be required to maintain at all times in a stock or mutual casualty company authorized to do business in the State of Wisconsin, workmen's compensation insurance, if required by law, and public liability insurance coverage of not less than $25,000. Before a license can be issued, the applicant shall file with the Department of Public Works a certificate signed by a qualified agent of the stock or mutual casualty insurance company stating that a policy has been issued to the licensee for: employee's liability insurance or workmen's compensation insurance, the minimum limits of each, the policy number or numbers, the name of the company, the effective date of such policies, the expiration date of such policies, together with a statement and a copy of an endorsement placed on such policy or policies, requiring ten days written notice to the Department of Public Works if it becomes necessary to cancel the policy or policies for any reason.

(e) RENEWAL. Licenses shall be valid for one year from the date of issuance and may be annually renewed upon payment of the fees as established in Title I for a landscaping license and for a tree removal license. All such renewal applications shall be referred to the City Council.

Sec. 4-2-17 Appeal from Determinations or Orders

 Any person who receives a determination or order from the City Forester and objects to all or any part thereof may appeal to the City Manager within seven days of receipt of the order and the City Manager shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing the City Manager may reverse, affirm, or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The City Manager shall by letter notify the party appealing the order or determination of its decision within ten days after the hearing has been concluded and file its written decision with the City Clerk-Treasurer.

Sec. 4-2-18 Planting of Cottonwood Trees Prohibited

 The planting of cottonwood trees is prohibited anywhere within the City of Two Rivers. Cottonwood trees three inches in diameter or less are hereby declared to be a public nuisance.

Sec. 4-2-19 Adoption of State Law

 Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated herein by reference.

Sec. 4-2-20 Violations

 The penalty for commission of any offense under this chapter shall be limited to a forfeiture imposed under the general penalty provision of this Code.

Chapter 3: City Cemeteries

 

Sec. 4-3-1 City Cemeteries

(a) The cemeteries of the City shall be Pioneer's Rest Cemetery, Calvary Cemetery, Forest View Cemetery and Holy Cross Cemetery.

(b) The Council may, by resolution, authorize the conveyance of all or any part of any City cemetery or may alter or vacate a cemetery plat or any part thereof.

Sec. 4-3-2 Sale of Lot; Application and Deed

(a) APPLICATION; PROCEDURE. All applications for the purchase of lots or parts of lots in the cemetery shall be made to the Sexton of Cemeteries; he shall be provided with a map on which all lots or parts of lots shall be designated by writing the name of the purchaser thereon. The Sexton shall issue to persons wishing to purchase a lot or part of a lot a certificate describing the lot or part of a lot desired, the price, and certify that the same has not been sold. If purchase is not made within 30 days of the granting of such certificate, the Sexton shall issue another certificate to any person applying therefor.

(b) SALES TO BE RECORDED; DEED. Upon payment to the Parks and Recreation Office of the sum of money named in the Sexton's certificate, the Parks and Recreation Office shall file an ownership card with the Sexton, who shall then record said purchase on the official cemetery map. The Director of Parks and Recreation and City Clerk shall thereupon be authorized and are directed in the name of the City of Two Rivers to sign a cemetery conveyance deed, showing the owner's name, the lot or part of lots purchased, and the total sales price received by the City. The City Manager is authorized to sign such deed on behalf of the City in the absence of the Director of Parks and Recreation.

Sec. 4-3-3 Resident and Non-Resident Defined

(a) RESIDENT DEFINED. For the purposes of this Chapter, any person who has resided in the City for one full year immediately prior to the purchase of a cemetery lot or part of a lot, owns taxable property in the City of Two Rivers, or who has been a life-long resident of the City shall be considered a resident. All other persons shall be considered to be non-residents.

Sec. 4-3-4 Price of Lots

(a) PRICE OF LOTS. The price of lots shall be determined by the number of adult grave space the lot will accommodate.

(b) RESIDENT.

(c) NON-RESIDENT. The price of grave space shall be one and one half times the cost of the Resident Price, and in accordance with Title 1, Chapter 2, Section 1(10) Fees.

Sec. 4-3-5 Installment Sale of Lots

(a) Regular lots and portions thereof may be sold to the purchaser on the installment plan. The first installment shall be the price of one space. The balance of the purchase price shall be paid within one year from the date of the purchase. There shall not be more than one burial until the full price is paid. Upon failure to pay any deferred payments of the purchase price of such lot or part of lot within such year, the purchaser shall forfeit all his rights and title to all unoccupied portions of such lot or part of lot purchase.

Sec. 4-3-6 Perpetual Care Defined

(a) Perpetual care shall mean the cutting of the grass upon the lot or grave at reasonable intervals, the raking and cleaning of the lot or grave, the pruning of shrubs and trees and such work as may be necessary to keep the lot or grave in good and neat condition. It does not include maintenance or repair of any gravestones or monumental structures erected upon lots or graves therein, nor the planting of flowers or ornamental plants.

(b) Before any burial is made in a grave space not covered by perpetual care, the owner shall pay an amount equal to the cost of perpetual care for said space.

Sec. 4-3-7 Cemetery Burial Charges

  Cemetery burial charges in all cemeteries shall be in accordance with Title 1, Chapter 2, Section 1(12), Fees

Sec. 4-3-8 Reserved for Future Use

Sec. 4-3-9 Conveyance of Lots Limited

(a) Not more than one regular lot or the equivalent thereof in any cemetery shall be sold to any one person.

(b) No party or parties, listed as the owner in the cemetery conveyance issued by the City of Two Rivers, shall transfer such rights of burial by any means other than affidavit as permitted under (c), except to their heirs. All other transfers shall be null and void.

(c) The owner of the burial rights may consent to the burial of persons other than the owners as listed in the cemetery conveyance by the completion of an affidavit authorizing such burial as consented to by the owners. Such affidavits, available from the City of Two Rivers, must be signed by present owners, notarized, and returned to the City of Two Rivers for recording.

(d) The City of Two Rivers, upon the cemetery sexton's approval, may repurchase the unused spaces of burial, as described in the cemetery conveyance, if requested by the owner or successor. The maximum amount of repayment is based on fifty percent (50%) of the current grave prices, but shall not exceed the original purchase price.

Sec. 4-3-10 Permanent Vaults Required

(a) TYPE OF REQUIRED VAULT. The use of wooden grave boxes shall not be allowed in any of said cemeteries. No burial of the remains of any person more than six months of age at the time of death shall be permitted unless the casket is enclosed in a grave box or vault made of concrete, marble or rustproof metal. All grave boxes over five feet in length must be buried on a lot at lease 3'4" x 10' in size.

(b) BABY CASKETS. For infants less than six months of age, a polystyrene sealertype casket is to be used for burial and is considered a permanent vault.

Sec. 4-3-11 Monuments; Markers; Urns; Planting; Fences - Regulations

(a) If flowers are planted, they must be planted, or placed in metal containers, in that area described as adjacent to and not more than 18 inches in back of and not greater than the length of any grave marker. The planting or placing of any article in front of any grave marker is prohibited. The area in front of grave markers is defined as paths between lots and block in this case. Planting or placing of flowers shall be permitted in front only of monuments in all City cemeteries in that area described as not more than `18 inches in front of and not more than the length of the monument. No planting of any type of plant, tree, or shrub or placement of any article shall be permitted at either end of any grave marker or monument unless written permission of the Cemetery Sexton is given.

(b) No fences or hedges shall be erected around the lots. All cornerstones or other stones or copings shall be placed at ground level so a lawn mower can be operated over the same. Grave mounds shall not be raised above the level of the lots. Monuments and grave markers shall be permitted only upon lots which have been fully paid for when they do not conflict with the restrictions herein contained.

(c) No monument shall be permitted on any lot of less than 200 sq. ft. No monument shall be permitted on any lot if the base covers more than ten percent of the lot area.

(d) All monuments shall be erected near the long line of the lot equi-distant between the ends of such line and within 12" thereof. The Sexton shall approve the location of any monument before it is placed on the lot.

(e) The maximum height of single, double, and triple markers shall not be more than 18" above ground.

(f) Grave markers shall be placed at the head of the grave. The maximum length of a single marker shall be 24". The maximum length of a double or triple marker shall be 42". Grave markers shall not be more than 12" thick.

(g) "Monument" means a memorial which exceeds the maximum size of one or more of the dimensions of a grave marker. The monument shall be placed at the foot of the lot and only on lots where monuments are permitted in accordance with Section 4-3-13.

(h) The use of vigil lights in City cemeteries is prohibited. There shall be no winter wreaths on cemeteries prior to October 1 or after April 1.

(i) Urns may be placed at the west cemetery lot line only on full sized lots and are prohibited on any portion thereof. The maximum height of metal, wood, cement, or stone urns shall not exceed 26", and the base of the top of which shall not exceed 18" square or diameter. "Urn means a vase-like container used only for the planting of live plants. Only one urn shall be permitted per lot. Removal and inversion of the bowl of the urn to prevent winter frost damage is recommended.

(j) Wire basket-type plant holders, whether for live, cut, or artificial flowers shall not exceed 31" in height, 18" diameter of tope or base, and shall be light enough to be moved by one man; and shall be removed from the cemetery between October 1 and April 1. There shall be a limit of one such planter per owner's combined number of grave spaces either full lot or portion thereof.

(k) Statuary shall not exceed 22" in height and can be placed only directly behind the head stones at the west lot line so as not to interfere or set wholly or partially on another person's lot. When statuary is of a monumental structural size to be used in lieu of a monument, it shall be in accordance with this Section and Section 4-3-13.

Sec. 4-3-12 Foundations; Monuments

 No marble, sandstone, or man-made stone, except Portland Cement concrete, shall be used for foundations in any City cemetery. No columnar or pillar type headstone and monuments shall be placed in any City cemetery. No grave markers shall be permitted at the foot of graves in Forest View and Holy Cross Cemeteries. One grave marker shall be permitted per single space. In case of more than one burial per space, additional names may be on the same stone, using its face or back. Monuments shall be placed only at the foot on easterly lots in all blocks of all sections of Holy Cross and Forest View Cemetery. No monuments shall be permitted on westerly lots. If a monument were placed on a westerly lot, it would interfere with grave markers on the easterly lot. No monuments shall be permitted on portions of lots in any cemetery.

Sec. 4-3-13 Maintenance and Repair of Gravestones and Monuments

 The City Manager may by written order provide that when monuments, gravestones, or ornamental structures are broken beyond repair, or are in an unsafe condition so as to constitute a hazard to the public, said debris may be removed. The City Manager, prior to ordering the removal of said debris, shall give six months notice to the general public and proprietors of faulty stones and order the persons interested in said graves to remove the stones or to replace them with a marker of a size or material within cemetery regulations.

Sec. 4-3-14 Defacing Cemeteries Prohibited

(a) Except by authority, no person shall dig up, pull up, break down, or in any manner injure, remove, or deface any shrubbery, flowers, plants, grass plot or turf growing or being in and upon any part of the grounds of any cemetery, or injure or deface any building, monument, marker, or other structure on a cemetery.

(b) No tree shall be removed, no wooden fence or other wood structure shall be erected, no trees or shrubbery shall be planted, and no vases, glasses, or other obstructions shall be placed on any lot in a cemetery, and no rubbish shall be deposited anywhere in a cemetery except in such places as designated.

Sec. 4-3-15 Interment Regulations

(a) SUNDAY OR HOLIDAY BURIAL. There shall be no burial or committal on Sundays or holidays unless ordered by the Public Health Officers.

(b) SEXTON RECORDS. No person shall inter any body or remains in any lot or part of the Cemetery without first notifying the Sexton of such intention and furnishing him with the necessary information to enable him to complete his records. No burial will be made without a proper death certificate or burial permit.

(c) NOTICE TO SEXTON. The Sexton shall be notified at least eight (8) working hours prior to any interment in City cemeteries, except that Monday funerals must be arranged by 3:00 PM Friday. Cemetery interment hours shall be 7:00 AM to Noon and 1:00 PM to 4:00 PM, Monday through Friday; and Saturday 7:00 AM to Noon, by special arrangement.

(d) ADDITIONAL FEES. An additional fee shall be charged in accordance with Title 1, Chapter 2, Section 1(12)(b) Fees.

(e) SEVERE WEATHER. During severe weather conditions, the Sexton shall decide, upon consultation with the undertaker responsible for burial, to postpone burial until suitable conditions exist. The undertaker shall provide care and storage for the remains until proper burial can be made.

(f) GRAVE SPACE AND LOT DEFINED. The term Grave Space as used herein shall be construed as the space required for one adult burial. Standard grave space dimensions shall be set at 10 feet by 3 feet 4 inches, but may be a reasonable variance from the standard. The term Standard Lot shall refer to a lot with dimensions of 10 feet by 20 feet. Variations from the standard are permitted.

(g) INTERMENT OF TWO BODIES IN ONE GRAVE.

(h) ORDERS OF UNDERTAKER. HOW CONSTRUED. Orders for burial given by the undertaker having charge of the burial of any person will be construed by the Sexton as orders from the lot owner himself, and after interment no changes in location of graves will be made except at the expense of the lot owners. Undertakers making arrangements for the deposit of a body will be held responsible for the charges.

(i) RE-INTERMENTS. Any exhumation for re-interment within the City cemetery shall be charged at double the burial fee of opening and closing of a single grave of the size grave involved. The re-interment at another location in the cemetery shall be charged the established burial fee. All fee charges shall be in accordance with and as provided in Section 4-3-8.

(j) UNDERTAKER'S RESPONSIBILITY. It shall be the undertaker's responsibility to provide the necessary pallbearers to adequately carry the casket to the grave site for burial. Except for postponed burials due to severe weather conditions when pallbearers are not available, cemetery personnel may assist.

Sec. 4-3-16 Removal of Bodies

 Disinterments must be made by City cemetery employees in compliance with the statutes and public authorities of the State of Wisconsin.

Sec. 4-3-17 Disclaimer - Responsibility of City Limited

 The City of Two Rivers will take every reasonable precaution to protect all private property or lot and grave owner's property in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control and especially from the act of thieves, vandals, rioters and malicious mischief makers and from all acts of Providence including unusual wind, tornadoes, cyclones, hail, snow and frost, whether the damage be indirect or proximate.

Sec. 4-3-18 Restrictions on Cemetery Use

(a) All municipal cemeteries shall be closed to the public after dark.

(b) Walking, driving or running over lots and graves is prohibited.

(c) Domestic animals are not permitted in the cemeteries nor are they allowed to be buried there for any reason.

(d) SHOOTING; DESTRUCTION; ANIMALS. No person shall be allowed to destroy bird nests, shoot or throw stones at birds, or catch or kill any wild animal on the cemetery grounds.

(e) FIREARMS; AIR GUNS; SLINGSHOTS. All persons are prohibited from carrying or discharging firearms, spring and air guns, or using sling shots, archery equipment or other weapons in the City's cemeteries.

(f) PLANKS TO BE LAID. Planks are required to be laid on paths or grass over which heavy material is to be moved, in order to provide same from injury in the cemetery.

Chapter 4: Municipal Separate Storm Sewer System - Illicit Discharge and Connection Ordinance

 

Sec. 4-4-1 Purpose and Intent

(a) PURPOSE AND INTENT. The purpose of this ordinance is to provide for the health, safety, environment and general elfare of the citizens of the City of Two Rivers through the regulation of non-storm water discharges into waters of the state or the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into waters of the state or the MS4 in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this ordinance are:

Sec. 4-4-2 Definitions

For the purposes of this ordinance, the following shall mean:

(a) AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the Director of Public Works

(b) BEST MANAGEMENT PRACTICES (BMPs). Structural or non-structural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

(c) CONSTRUCTION ACTIVITY. Activities subject to the City of Two Rivers construction permits per Construction Site Erosion Control Zoning Ordinance or WPDES construction permits per NR 216 and ch. 283, Wis. Stats.

(d) CONTAMINATED STORM WATER. Storm water that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in NR 216.

(e) DEPARTMENT (DNR). The Wisconsin Department of Natural Resources

(f) DISCHARGE. As defined in ch. 283, Wis. Stats., when used without qualification includes a discharge of any pollutant

(g) DISCHARGE OF POLLUTANT OR DISCHARGE OF POLLUTANTS. As defined in ch. 283, Wis. Stats. means any addition of any QuinGraig Stone n Machut poLinda H. Bassert llutant to the waters of this state from any point source.

(h) HAZARDOUS MATERIALS. Any materials, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(i) ILLICIT DISCHARGE. Any discharge into waters of the state or a municipal separate storm sewer system that is not composed entirely of storm water. Nonstorm water discharges that are not considered illicit discharges include water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, fire fighting, and discharges authorized under a WPDES permit unless identified by the Director of Public Works as a significant source of pollutants to waters of the state.

(j) ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:

(k) INDUSTRIAL ACTIVITY. Activities subject to WPDES Industrial Permits per NR 216 and ch. 283, Wis. Stats.

(l) MAXIMUM EXTENT PRACTICABLE (MEP). A level of implementing management practices in order to achieve a performance standard or other goal 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.

(m) MUNICIPALITY. Any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district to any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes, storm water or other wastes.

(n) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). As defined in Wisconsin Administrative Code NR 216, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:

(o) NON-STORM WATER DISCHARGE. Any discharge to the MS4 that is not composed entirely of storm water.

(p) OWNER. Any person holding fee title, an easement or other interest in property.

(q) OUTFALL. The point at which storm water is discharged to waters of the state or to a storm sewer.

(r) PERSON. An individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.

(s) POLLUTANT. As defined in ch. 283, Wis. Stats., means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

(t) POLLUTION. As defined in ch. 283, Wis. Stats., means any man-made or maninduced alteration of the chemical, physical, biological or radiological integrity of water.

(u) POLLUTION PREVENTION. Taking measure to eliminate or reduce pollution.

(v) PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(w) STORM WATER. Runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

(x) STORM WATER MANAGEMENT PLAN/ STORM WATER POLLUTION PREVENTION PLAN. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to waters of the state of the MS4 to the Maximum Extent Practicable.

(y) WASTEWATER. Any water of other liquid, other than uncontaminated storm water, discharged from a facility.

(z) WATERCOURSE. A natural or artificial channel through which water flows.These channels include all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils maps in the NRCS soils book for Manitowoc County, all channels identified on the site, and new channels that are created as part of a development. The term watercourse includes waters of the state as herein defined.

(aa) WATERS OF THE STATE. As defined in ch. 283, Wis. Stats., means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private withing the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.

(bb) WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) STORM WATER DISCHARGE PERMIT. A Wisconsin pollutant discharge elimination permit issued pursuant to Wisconsin Statute 283.

Sec. 4-4-3 Applicability

 This ordinance shall apply to all water and discharges entering waters of the state or the MS4 generated on any lands unless explicitly exempted by the Director of Public Works.

Sec. 4-4-4 Responsibility for Administration

 The Director of Public works shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Director of Public Works may be delegated in writing by the Director of Public Works to persons or entities acting in the beneficial interest of or in the employ of the agency.

Sec. 4-4-5 Compatibility with other regulations

 This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different form those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

Sec. 4-4-6 Severability

 The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid. Such invalidity shall not affect the other provisions or application of this ordinance.

Sec. 4-4-7 Ultimate responsibility

 The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

Sec. 4-4-8 Discharge prohibitions

8.1 PROHIBITION OF ILLICIT DISCHARGES. No person shall throw, dump, spill, drain, or otherwise discharge, cause, or allow others under its control to throw, dump, spill, drain, or otherwise discharge into waters of the state or the MS4 any pollutants or waters containing any pollutants, other than storm water.

8.2 ALLOWED DISCHARGES

8.2 Prohibition of Illicit Connections.

Sec. 4-4-9 Watercourse protection

 Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of soil erosion, trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Sec. 4-4-10 Compliance monitoring

10.1 RIGHT OF ENTRY: INSPECTING AND SAMPLING. The Director of Public Works shall be permitted to enter and inspect properties and facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance.

10.2 SPECIAL INSPECTION WARRANT. If the Director of Public Works has been refused access to any part of the premises from which storm water is discharged, and the Director of Public Works is able to demonstrate probably cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Director of Public works may seek issuance of a special inspection warrant per s. 66.0119, Wis. Stats.

Sec. 4-4-11 Requirements to prevent, control and reduce storm water pollutants by use of best management practices

 The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into waters of the state or the MS4 through the use of structural and non-structural BMPs. Further, any person responsible for a property or premise, that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to waters of the state or the MS4. Compliance with all terms and conditions of a valid permit authorizing the discharge of storm water associated with industrial activity or construction activity, to the maximum extent practicable, shall be deemed compliance with the provisions of this section.

Sec. 4-4-12 Notification of spills

 Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the MS4, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, so as to minimize the impacts of the discharge.

 In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, and shall also notify the Director of Public Works. In the event of a release of non-hazardous materials, said person shall notify the Director of Public works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director of Public works within 3 business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 5 years.

 Failure to provide notification of a release as provided above is a violation of this ordinance SEC. 4-

Sec. 4-4-13 Violations, enforcement, and penalties

13.1 VIOLATIONS. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

 In the event the violation constitutes an immediate danger to public health or public safety, the Director of Public Works is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Director of Public Works is authorized to seek costs of the abatement as outlined in Section 4-4-16.

13.2 WARNING NOTICE. When the Director of Public Works finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the Director of Public Works may serve upon that person a verbal or written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby and offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in the subsection shall limit the authority of the Director of Public works to take action, including emergency action or any other enforcement action without first issuing a Warning Notice.

13.3 NOTICE OF VIOLATION. Whenever the Director of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Director of Public Works may order compliance by written notice of violation to the responsible person.

  The Notice of Violation shall contain:

  Such notice may require without limitation:

13.4 Suspension of MS4 Access

13.4.1     EMERGENCY CEASE AND DESIST ORDERS. When the Director of Public Works finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Director of Public Works may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:

 Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Director of Public Works may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The Director of Public Works may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Director of Public Works within 30 days of receipt of the prerequisite for, taking any other action against the violator.

13.4.2     SUSPENSION DUE TO ILLICIT DISCHARGE IN EMERGENCY SITUATIONS. Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Director of Public Works will notify a violator of the proposed termination of its MS4 access.

13.4.3     SUSPENSION DUE TO THE DETECTION OF ILLICIT DISCHARGE. Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Director of Public Works will notify a violator of the proposed termination of its MS4 access.

  SUSPENSION DUE TO THE DETECTION OF ILLICIT DISCHARGE. Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Director of Public Works will notify a violator of the proposed termination of its MS4 access.

13.5 PROSECUTION AND PENALTIES. Any person violating any provision of this ordinance shall be subject to a forfeiture of not less than $25.00 no more than $1,000.00 and the costs of the prosecution for each violation. Each day a violation exists shall constitute a separate offense. The Director of Public Works may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, river bank cleanup, etc.

  Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

Sec. 4-4-14 Appeals

14.1  BOARD OF APPEALS. The board of appeals created pursuant to section 2-5-2 of the City of Two Rivers ordinance pursuant to 62.23(7)(e), Wis. Stats.:

14.2  WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board or bureau of the City of Two Rivers affected by any decision of the Director of Public Works.

Sec. 4-4-15 Enforcement measures after appeal

 If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, the appropriate authority upheld the decision of the Director of Public Works, then representatives of the Director of Public Works may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The Director of Public Works is authorized to seek costs of abatement as outlined in Section 4-4-16. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

Sec. 4-4-16 Cost of abatement of the violation

 The costs of the work performed by the Director of Public Works pursuant to this Ordinance, plus interest at the rate authorized by the City of Two Rivers shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to subch. VII of ch. 66, Wis. Stats.

Sec. 4-4-17 Violations deemed a public nuisance

 Any condition in violation of any of the provisions of this ordinance and declared and deemed a nuisance, may be summarily abated or restored at the violator's expense.

Sec. 4-4-18 Remedies not exclusive

 The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is withing the discretion of the Director of Public Works to seek cumulative remedies.

 The Director of Public Works may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

Sec. 4-4-19 Adoption of ordinance

 This ordinance shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the City Council of the City of Two Rivers on the 7th day of April, 2008.

Chapter 5: Municipal Separate Storm Sewer System - Construction Site Erosion Control Ordinance

 

Sec. 4-5-1 Authority

(1) This ordinance is adopted under the authority granted by s.62.234, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s.62.23, Wis. Stats., that relate to construction site erosion control Except as otherwise specified in s. 62.234 Wis. Stats., s. 62.23, Wis. Stats., applies to this ordinance and to any amendments to this ordinance.

(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.

(3) The City Council hereby designates the Director of Public Works to administer and enforce the provisions of this ordinance.

(4) The requirements of this ordinance do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:

Sec. 4-5-2 Findings of Fact

  The City Council finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in City of Two Rivers.

Sec. 4-5-3 Purpose

  It is the purpose of this ordinance to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City of Two Rivers.

Sec. 4-5-4 Applicability and Jurisdiction

(1) APPLICABILITY.

(2) JURISDICTION. This ordinance applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City of Two Rivers.

(3) EXCLUSIONS. This ordinance is not applicable to activities conducted by a state agency, as defined under s. 277.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2), Wis. Stats.

Sec. 4-5-5 Definitions

(1) Administering authority means a governmental employee, or a regional planning commission empowered under s. 62.234, Wis. Stats., that is designated by the City Council to administer this ordinance.

(2) Agricultural activity area means the part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area outside yarding of livestock, including sod farms and silviculture. Practices in the area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.

(3) Agricultural production area means the part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.

(4) Average annual rainfall means a calendar year of precipitation, excluding snow, which is considered typical. For purposes of this ordinance, average annual rainfall means measured precipitation in Green Bay, Wisconsin between March 29 and November 25, 1969.

(5) Best management practice or BMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state

(6) Business day means a day the office of the Director of Public Works is routinely and customarily open for business

(7) Cease or desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit

(8) Common plan of development or sale means a development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedule but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments

(9) Construction site means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development

(10) Development means residential, commercial, industrial, institutional, or other land uses and associated roads

(11) Division of land means the creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a 5 year period

(12) Erosion means the process by which the land's surface is work away by the action of wind, water, ice or gravity

(13) Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction

(14) Extraterritorial means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village

(15) Final stabilization means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least 70 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures

(16) Governing body means the City Council

(17) Land disturbing construction activity (or disturbance) means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling

(18) 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

(19) Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice

(20) Permit means a written authorization made by the Director of Public Works to the applicant to conduct land disturbing construction activity or to discharge postconstruction runoff to waters of the state

(21) Pollutant has the meaning given in s. 283.01 (13), Wis. Stats.

(22) Pollution has the meaning given in s. 281.01 (10), Wis. Stats.

(23) Protective area has the meaning given in SEC 4-6-7(3)(d) of the City of Two Rivers Post Construction Storm Water Management Ordinance

(24) Responsible party means any entity holding fee title to the property or performing services to meet the performance standards of this ordinance through a contract or other agreement

(25) Runoff means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow

(26) Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location

(27) Separate storm sewer means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, construction channels or storm drains, which meets all of the following criteria:

(28) Site means the entire area included int eh legal description of the land on which the land disturbing construction activity is proposed in the permit application

(29) Stop work order means an order issued by the Director of Public Works, which requires that all construction activity on the site be stopped

(30) Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method

(31) Waters of the state has the meaning given in s. 281.01 (18), Wis. Stats.

Sec. 4-5-6 Technical Standards

(1) DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS. All BMP's required to comply with this ordinance shall meet the design criteria, standards and specifications based on any of the following:

(2) OTHER STANDARDS. Other technical standards not identified or developed in sub. (1), may be used provided that the methods have been approved by the Director of Public Works or circumstances shall be held invalid. Such invalidity shall not affect the other provisions or application of this ordinance.

Sec. 4-5-7 Performance Standards

(1) RESPONSIBLE PARTY. The responsible party shall implement an erosion and sediment control plan, developed in accordance with SEC 4-5-9 that incorporates the requirements of this section

(2) PLAN. A written erosion and sediment control plan shall be developed in accordance with SEC 4-5-9 and implemented for each construction site.

  Note to Users: The written plan may be that specified within s. NR 216.46, the erosion control portion of a construction plan or other plan.

(3) REQUIREMENTS. The erosion and sediment control plan shall meet the following minimum requirements to the maximum extent practicable:

(4) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and sitespecific explanation as to why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable

(5) Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:

(6) LOCATION. The BMP's used to comply with this section shall be located prior to runoff entering waters of the state.

(7) ALTERNATE REQUIREMENTS. The Director of Public Works may establish requirements more stringent than those set forth in this section if the Director of Public Works determines that an added level of protection is needed for sensitive resources

Sec. 4-5-8 Permitting Requirements, Procedures and Fees

(1) PERMIT REQUIRED. No responsible party may commence a land disturbing construction activity subject ot this ordinance without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director of Public Works

(2) PERMIT APPLICATION AND FEES. At least one responsible party desiring to undertake a land disturbing construction activity subject to this ordinance shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of SEC 4-5-9 and shall pay an application fee per SEC 4-5-10 to the Director of Public Works. By submitting an application, the applicant is authorizing the Director of Public Works to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The Director of Public works shall review, any permit application thatis submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

(4) SURETY BOND. As a condition of approval and issuance of the permit, the Director of Public Works may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.

(5) PERMIT REQUIREMENTS. All permits shall require the responsible party to:

(6) PERMIT CONDITIONS. Permits issued under this section may include conditions established by the Director of Public Works in addition to the requirements set froth in sub. (5), where needed to assure compliance with the performance standards in SEC 4-5-7.

(7) PERMIT DURATION. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director of Public Works may extend the period one or more times for up to an additional 180 days. The Director of Public Works may require additional BMP's as a condition of the extension if they are necessary to meet the requirements of this ordinance.

(8) MAINTENANCE. The responsible party throughout the duration of the constriction activities shall maintain all BMP's necessary to meet the requirements of this ordinance until the site has undergone final stabilization.

(9) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than 1 acre of disturbance.

Sec. 4-5-9 Erosion and Sediment Control Plan, Statement and Amendments

(1) PLAN REQUIREMENTS. The erosion and sediment control plan required under SEC 4-5-7(2) shall comply with the City of Two Rivers Storm Water Reference Guide and contain at a minimum the following information:

(2) EROSION AND SEDIMENT CONTROL PLAN STATEMENT. For each construction site identified under SEC 4-5-4 (1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the ordinance, including the site development schedule.

(3) AMENDMENTS. The applicant shall amend the plan if any of the following occur:

(4) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than 1 acre of disturbance.

Sec. 4-5-10 Fee Schedule

  The fees referred to in other sections of this ordinance shall be established by resolution of the City Council and may from time to time be modified by resolution. A schedule of the fees established by the City Council shall be available for review in Section 1-2-1 of the Code of Ordinance of the City of Two Rivers

Sec. 4-5-11 Inspection

  If land disturbing construction activities are being carried out without a permit required by this ordinance, the Director of Public works may enter the land pursuant to the provisions of ss. 66.0119(1), (2), and (3), Wis. Stats.

Sec. 4-5-12 Enforcement

(1) The Director of Public Works may post a stop-work order if any of the following occurs:

  Note to Users: The Director of Public Works should inspect any construction site that holds a permit under this chapter at least once a month during the period starting March 1 and ending October 31 and at least 2 times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan.

(2) If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Director of Public Works may revoke the permit.

(3) If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public works, or if a responsible party violates a stop-work order posted under sub. (1), the Director of Public Works may request City Attorney to obtain a cease and desist order in any court with jurisdiction.

(4) The Board of Appeals may retract the stop-work order issued under sub. (1) or the permit revocation under sub. (2).

(5) After posting a stop-work order under sub. (1), the Director of Public Works may issue a notice of intent to the responsible party of his/her intent to perform work necessary to comply with this ordinance. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Director of Public Works, plus interest at the rate authorized by City Council shall be billed to the responsible party to recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to subch. VII of ch. 66, Wis. Stats.

(6) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $25.00 nor more than $1,000.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(7) Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease or desist order before resorting to injunctional proceedings.

Sec. 4-5-13 Appeals

(1) BOARD OF APPEALS. The board of appeals created pursuant to section 2-5-2 of the City Ordinance pursuant to 62.23(7)(e) Wis. Stats.:

(2) WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Two Rivers affected by any decision of the Director of Public Works

Sec. 4-5-14 Severability

  If a court of competent jurisdiction judges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgement.

Sec. 4-5-15 Effective Date

  This ordinance shall be effective as of October 11, 2008

Chapter 6: Municipal Separate Storm Sewer System - Post Construction Storm Water Management Ordinance

 

Sec. 4-6-1 Authority

(1) This ordinance is adopted under the authority granted by s.62.234, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s.62.23, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in s.62.23462.234, Wis. Stats., s. 62.23, Wis. Stats., applies to this ordinance and to any amendments to this ordinance.

(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.

(3) The City Council hereby designates the Director of Public Works to administer and enforce the provisions of this ordinance.

(4) The requirements of this ordinance do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:

Sec. 4-6-2 Findings of Fact

  The City Council finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled postconstruction runoff can:

(1) Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

(2) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.

(3) Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.

(4) Reduce the quality of groundwater by increasing pollutant loading.

(5) Threaten public health, safety property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.

(6) Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.

(7) Undermine floodplain management efforts by increasing the incidence and levels of flooding.

Sec. 4-6-3 Purpose and Intent

(1) PURPOSE. The general purpose of this ordinance is to establish long-term, postconstruction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:

(2) INTENT. It is the intent of the City Council that this ordinance regulates postconstruction storm water discharges to waters of the state. This ordinance may be applied on a site-by-site basis. The City Council recognizes, however, that the preferred method of achieving the storm water performance standards set forth in this ordinance is through the preparation and implementation of comprehensive, systems-level storm water management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional storm water devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under s. 281.16, Wis. Stats., for regional storm water management measures and have been approved by the City Council, it is the intent of this ordinance that the approved plan be used to identify post-construction management measures acceptable for the community.

Sec. 4-6-4 Applicability and Jurisdiction

(1) APPLICABILITY.

(2) JURISDICTION. This ordinance applies to post construction sites within the boundaries and jurisdiction of the City of Two Rivers.

(3) EXCLUSIONS. This ordinance is not applicable to activities conducted by a state agency, as defined under s. 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered int o under s. 281.33(2), Wis. Stats.

Sec. 4-6-5 Definitions

(1) Administering authority means a governmental employee, or a regional planning commission empowered under s. 62.234, Wis. Stats., that is designated by the City Council to administer this ordinance.

(2) Agricultural activity area means the part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.

(3) Agricultural production area means the part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.

(4) Average annual rainfall means a calendar year of precipitation, excluding snow, which is considered typical. For purposes of this ordinance, average annual rainfall means measured precipitation in Green Bay, Wisconsin between March 29 and November 25, 1969.

(5) Best management practices or BMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

(6) Business day means a day the office of the Director of Public Works is routinely and customarily open for business.

(7) Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

(8) Combined sewer system means a system for conveying both sanitary sewage and storm water runoff.

(9) Common plan of development of sale means a development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.

(10) Connected imperviousness means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

(11) Construction site means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.

(12) Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall. The TR-55, Type II, 24-hour design storms for the City of Two Rivers in Manitowoc County are: 1-year, 2.2 inches; 2-year, 2.4 inches; 5-year, 3.3 inches; 10-year, 3.8 inches; 25-year, 4.3 inches; and 100-year, 5.2 inches.

(13) Development means residential, commercial, industrial, institutional, or other land uses and associated roads.

(14) Division of land means the creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a 5 year period.

(15) Effective infiltration area means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

(16) Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(17) Exceptional resource waters means waters listed in s. NR 102.11, Wis. Adm. Code.

(18) Extraterritorial means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.

(19) Final stabilization means that all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.

(20) Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Director of Public Works by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.

(21) Governing body means City Council.

(22) Highway has the meaning given in s. 340.01 (22), Wis. Stats.

(23) Highway reconditioning has the meaning given in s. 84.013 (1)(b), Wis. Stats.

(24) Highway reconstruction has the meaning given in s. 84.013 (1)(c), Wis. Stats.

(25) Highway reconstruction has the meaning given in s. 84.013 (1)(6), Wis. Stats.

(26) Impervious surface means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.

(27) In-fill area means a new development area less than 5 acres in size that is located within existing urban sewer service areas, surrounded by already existing development or existing development and natural; or man-made features where development cannot occur.

(28) Infiltration means the entry of precipitation or runoff into or through the soil.

(29) Infiltration system means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop down spouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

(30) Karst feature means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

(31) Land disturbing construction activity (or disturbance) means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.

(32) Maintenance agreement means a legal document that provides for long-term maintenance of storm water management and best management practices.

(33) MEP or maximum extent practicable means a level of implementing best management practices in order to achieve a performance standard specified in this ordinance which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

(34) Minor reconstruction of a highway means reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening.

(35) New development means that portion of a post-construction site where impervious surfaces are being created or expanded. Any disturbance where the amount of impervious area for the post-development condition is greater than the pre-development condition is classified as new development. For purposes of this ordinance, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

(36) Off-site means located outside the property boundary described in the permit application.

(37) On-site means located within the property boundary described in the permit application.

(38) Ordinary high-water mark has the meaning given in s. NR 115.03(6), Wis. Adm. Code.

(39) Outstanding resource waters means waters listed in s. NR 102.10, Wis. Adm. Code.

(40) Percent fines means the percentage of a given sample of soil, which passes through a # 200 sieve.

(41) Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(42) Permit means a written authorization made by the Director of Public Works to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(43) Permit administration fee means a sum of money paid to the Director of Public Works by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

(44) Pervious surface means an area that released as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

(45) Pollutant has the meaning given in s. 283.01 (13), Wis. Stats.

(46) Pollutant has the meaning given in s. 283.01 (10), Wis. Stats.

(47) Post-construction site means a construction site following the completion of land disturbing construction activity and final site stabilization.

(48) Post-development means the extent and distribution of land cover types present after the completion of land disturbing construction activity and final site stabilization.

(49) Pre-development means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmental sound manner.

(50) Preventive action limit has the meaning given in s. NR 140.05(17), Wis. Adm. Code.

(51) Redevelopment means that portion of a post-construction site where impervious surfaces are being reconstructed, replaced, or reconfigured. Any disturbance where the amount of impervious area for the post-development condition is equal to or less than the predevelopment condition is classified as redevelopment. For purposes of this ordinance, a postconstruction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

(52) Responsible party means any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction storm water BMPs.

(53) Routine maintenance means that portion of a post-construction site where predevelopment impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided the lower ½ of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower ½ of the granular base associated with the pre-development impervious surfaces is disturbed or if the soil located beneath the impervious surface is exposed. For purposes of this ordinance, a post-construction site is classified as new development, redevelopment, routine maintenance, or some combination of these three classifications as appropriate.

(54) Runoff means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(55) Separate storm sewer means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

(56) Site means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.

(57) Stop work order means an order issued by the Director of Public Works which requires that all construction activity on the site be stopped.

(58) Storm water management plan means a comprehensive plan designed to reduce the discharge of pollutants from storm water after the site has under gone final stabilization following completion of the construction activity.

(59) Storm water management system plan is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

(60) Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(61) Top of the channel means an edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.

(62) TR-55 means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.

(63) Transportation Facility means a public street, a public road, a public highway, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes such as harbor improvements under s. 85.095 (1)(b), Stats.

(64) Type II distribution means a rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

(65) Waters of the state has the meaning given in s. 281.01 (18), Wis. Stats.

Sec. 4-6-6 Technical Standards

  The following methods shall be used in designing and maintaining the water quality, peak discharge, infiltration, protective area, and fueling/vehicle maintenance components of storm water practices needed to meet the water quality standards of this ordinance:

Sec. 4-6-7 Performance Standards

(1) RESPONSIBLE PARTY. The responsible party shall implement a postconstruction storm water management plan that incorporates the requirements of this section.

(2) PLAN. A written storm water management plan in accordance with Sec. 4-6-9 shall be developed and implemented for each post-construction site.

(3) REQUIREMENTS. The storm water management plan shall meet the following minimum requirements to the maximum extent practicable:

Sec. 4-6-8 Permitting Requirements, Procedures and Fees

(1) PERMIT REQUIRED. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the Director of Public Works prior to commencing the proposed activity.

(2) PERMIT APPLICATION AND FEES. Unless specifically excluded by this ordinance, any responsible party desiring a permit shall submit to the Director of Public Works a permit application made on a form provided by the Director of Public Works for that purpose.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The Director of Public Works shall review any permit application that is submitted with a storm water management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:

(4) PERMIT REQUIREMENTS. Al permits issued under this ordinance shall be subject to the following conditions, and holders of permits issued under this ordinance shall be deemed to have accepted these conditions. The Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Public Works to suspend or revoke this permit may be appealed in accordance with Sec. 4-6-14.

(5) PERMIT CONDITIONS. Permits issued under this subsection may include conditions established by Director of Public Works in addition to the requirements needed to meet the performance standards in Sec. 4-6-07 or a financial guarantee as provided for in Sec. 4-6-11.

(6) PERMIT DURATION. Permits issued under this section shall be valid from the date of issuance through the date the Director of Public Works notifies the responsible party that all storm water management practices have passed the final inspection required under sub. (4)(d).

(7) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe alternative requirements for applicants seeking an exemption to on-site storm water management performance standards under Sec. 4-6-07(5) or for applicants seeking a permit for a postconstruction site with less than 20,000 square feet of impervious surface disturbance.

Sec. 4-6-9 Storm Water Management Plan

(1) PLAN REQUIREMENTS. The storm water management plan required under Sec. 4-6-08(2) shall comply with the City of Two Rivers Storm Water Reference Guide and contain at a minimum the following information:

(2) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe alternative submittal requirements for applicants seeking an exemption to on0site storm water management performance standards under Sec. 4-6-14(5) or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

Sec. 4-6-10 Maintenance Agreement

(1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required under Sec. 4-6-08(2) for storm water management practices shall be an agreement between the City of Two Rivers and the responsible party to provide for maintenance of storm water 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 storm water management practices.

(2) AGREEMENT PROVISIONS. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Sec. 4-6-14(1)(f)

(3) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe alternative requirements for applicants seeking an exemption to on-site storm water management performance standards under 4-6-07(5) or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

Sec. 4-6-11 Financial Guarantee

(1) ESTABLISHMENT OF THE GUARANTEE. The Director of Public Works may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Director of Public Works. The financial guarantee shall be in an amount determined by the Director of Public Works to be the estimated cost of construction and the estimated cost of maintenance of the storm water management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Director of Public Works the authorization to use the funds to complete the storm water management practices if the responsible party defaults or does not properly implement the approved storm water management plan, upon written notice to the responsible party by the Director of Public Works that the requirements of this ordinance have not been met.

(2) CONDITIONS FOR RELEASE. Conditions for the release of the financial guarantee are as follows:

(3) ALTERNATE REQUIREMENTS. The Director of Public Works may prescribe alternative requirements for applicants seeking an exemption to on-site storm water management performance standards under 4-6-07(5) or for applicants seeking a permit for a post-construction site with less than 20,000 square feet of impervious surface disturbance.

Sec. 4-6-12 Fee Schedule

  The fees referred to in other sections of this ordinance shall be established by the City Council and may from time to time be modified by resolution. A schedule of the fees established by the City Council shall be available for review in Sec. 1-2-1 of the City Code of Ordinances.

Sec. 4-6-13 Enforcement

(1) Any land disturbing construction activity or post-construction runoff initiated after the effective date of this ordinance by any person, firm, association, or corporation subject ot the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this ordinance.

(2) The Director of Public Works shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

(3) Upon receipt of written notification from the Director of Public Works under sub. (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works.

(4) If the violations to a permit issues pursuant to this ordinance are likely to result in damage to properties, public facilities, or waters of the state, the Director of Public Works may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Director of Public Works plus interest and legal costs shall be billed to the responsible party.

(5) The Director of Public Works is authorized to post a stop work order on all land disturbing construction activity that is in violation of this ordinance, or to request the City Attorney to obtain a cease and desist order in any court with jurisdiction.

(6) The Director of Public Works may revoke a permit issued under this ordinance for non-compliance with ordinance provisions.

(7) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Director of Public Works or by a court with jurisdiction.

(8) The Director of Public Works is authorized to refer any violation of this ordinance, or of a stop work order or cease and desist order issued pursuant to this ordinance, to the City Attorney for the commencement of further legal proceedings in any court with jurisdiction.

(9) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than $25.00 or more than $1,000.00 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

(10) Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease or desist order before resorting to injunctional proceedings.

(11) When the Director of Public Works determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan, or has failed to comply with schedules set forth in said storm water management plan, the Director of Public Works or a party designated by the Director of Public Works may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Director of Public works shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to 4-6-11 of this ordinance. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon.

Sec. 4-6-14 Appeals

(1) BOARD OF APPEALS. The board of appeals, created pursuant to section 2-5-2 pf the City Code of Ordinances pursuant to s. 62.23(7)(e) Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this ordinance. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this ordinance that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.

(2) WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City fo Two Rivers affected by any decision of the Director of Public Works.

Sec. 4-6-15 Severability

  If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such judgment.

Sec. 4-6-16 Effective Date

  This Ordinance shall be effective as of October 11, 2008.