Chapter 14.04


14.04.010    Purpose.

14.04.020    Intent.

14.04.025    Surface water and runoff management.

14.04.030    Abrogation and greater restrictions.

14.04.040    Interpretation.

14.04.050    Severability.

14.04.060    Repeal of inconsistent provisions.

14.04.070    Title of provisions.

14.04.080    Effective date.

14.04.010 Purpose.

The purpose of the ordinance codified in this Title 14 is to promote the public health, safety, and general welfare of this community and to diminish threats to the environment by:

A.    Establishing procedures to control the adverse impacts of stormwater runoff and ensure and protect the adequacy of existing drainage facilities to store and convey stormwater,

B.    Facilitating the attainment and maintenance of surface and ground water quality;

C.    Minimizing the damages to public and private property, the dangers to public health and safety, and the inconveniences and inefficiencies caused by poor surface drainage and flooding;

D.    Reducing the adverse impacts of new land use development and redevelopment on the quantity and quality of stormwater runoff; and

E.    Reducing stream channel erosion and sedimentation. (Ord. 1749 § 1 (part), 2000)

14.04.020 Intent.

It is the intent of this Title 14 to achieve the aforestated purpose by requiring the preparation and implementation of duly approved site-specific stormwater management plans for sites proposed to be developed or redevelopment and properties proposed to be subdivided and for logical sub-watershed areas containing such sites or properties. All discharges of stormwater shall be made in a manner consistent with the approved site-specific stormwater management plans; and all land development and redevelopment activities are intended to include stormwater management facilities and measures set forth in the approved plans.

A.    Where the city has prepared and adopted a stormwater management system plan encompassing the site proposed to be developed or redeveloped or property proposed to be subdivided, the site-specific plan required shall be consistent with the system plan, or the requirements of Chapter 13 of the Milwaukee Metropolitan Sewerage District rules on Surface Water and Storm Water Runoff Management.

B.    In areas for which the city has not prepared a stormwater management system plan, the site-specific stormwater management plan required by this Title 14 shall be consistent with the water quality management plan prepared and adopted by the Southeastern Wisconsin Regional Planning Commission; and with the goals of the priority watershed program of the Wisconsin Department of Natural Resources; and the requirements of Chapter NR216 of the Wisconsin Administrative Code; and a stormwater quantity goal of maintaining peak stormwater runoff discharge rates to that of existing or predevelopment conditions and the requirements of Chapter 13 of the Milwaukee Metropolitan Sewerage District rules on Surface Water and Storm Water Runoff Management. (Ord. 1902 § 1, 2003)

14.04.025 Surface water and runoff management.

A.    Chapter 13 of the Milwaukee Metropolitan Sewerage District Rules on Surface Water and Stormwater Runoff Management (effective 1/1/02) are hereby adopted by reference and incorporated herein. Future amendments to this rule are also adopted by reference. A copy of Chapter 13 shall be kept on file and open to public inspection in the offices of the Engineering Division.

B.    The MMSD Rules on stormwater runoff management and plan submittal requirements shall be complied with in addition to the other stormwater provisions of this ordinance. This includes but is not limited to plat approval under Chapter 236, construction site erosion control and post construction stormwater quality best management practices to abate pollutant runoff. A violation of the MMSD Rules shall be a violation of this ordinance.

C.    The stormwater analysis shall be first submitted to and approved by the City of Brookfield Engineering Division prior to any construction activities.

D.    For developments in the MMSD sanitary sewer service area that are not exempt through an approved MMSD Stormwater and Floodland Management Plan that add 0.5 acre or more of impervious surface, the stormwater management report shall be approved by the MMSD in accordance with Chapter 13. (Ord. 2112-07 § 1, 2007; Ord. 1902 § 2, 2003)

14.04.030 Abrogation and greater restrictions.

It is not intended by this Title 14 to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this Title 14 imposes greater restrictions, the provisions of this Title 14 shall govern. (Ord. 1749 § 1 (part), 2000)

14.04.040 Interpretation.

A.    In their interpretation and application, the provisions of this Title 14 shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power wanted by the Wisconsin Statutes.

B.    Administration. The city of Brookfield designates the city engineer to administer and enforce the provisions of this Title 14. (Ord. 1749 § 1 (part), 2000)

14.04.050 Severability.

If a court of competent jurisdiction adjudges any section, clause, provision or portion of the ordinance codified in this Title 14 unconstitutional or invalid, the remainder of this Title 14 shall not be affected thereby. (Ord. 1749 § 1 (part), 2000)

14.04.060 Repeal of inconsistent provisions.

All other ordinances or parts of ordinances of the city inconsistent or conflicting with this Title 14, to the extent of the inconsistency only, are repealed. (Ord. 1749 § 1 (part), 2000)

14.04.070 Title of provisions.

The ordinance codified in this Title 14 shall be known as, referred to, or cited as the “Stormwater Management Ordinance,” city of Brookfield, Wisconsin. (Ord. 1749 § 1 (part), 2000)

14.04.080 Effective date.

The ordinance codified in this Title 14 shall be effective the day it is adopted by the common council of the city of Brookfield, and publication or posting as provided by law. (Ord. 1749 § 1 (part), 2000)