The Town Board of the Town of Raymond, Racine, County, Wisconsin, do ordain as

follows:

"Sec. 26-186. Minor subdivisions. No person shall divide any land located within the

limits of the Town which shall result in a minor subdivision without complying with the

provisions of this chapter with respect to minor subdivisions, including, but not limited to

required improvements, design standards and certified survey map procedures set forth

below."

"Sec. 26-191. Administration and Fees.

The Town Board may provide for forms and checklists for completion by applicants and

to be utilized for the administration of this Chapter. The Town Board may, by resolution,

establish reasonable fees for the administration of this Chapter."

code except that the Town Board may require more stringent measures, if,

in its opinion, the situation so requires. Any natural drainage way or

existing drainage tile disturbed, or adversely affected as determined by the

Town Engineer, during the construction of a road shall be restored or shall

be rerouted and redeveloped in a manner acceptable to the Town

2

"(6) No road or highway construction shall take place between November 15 and April

1 without written approval of the Town Board. In addition to utilizing BMPs on

the site, no grading, roadwork, swales, waterway work, or general site balancing

work, will be allowed after November 15th or prior to April 1st. All disturbed

areas that are not stabilized by October 15th shall be covered and stabilized with

soil erosion control fabric or other erosion control measures determined to be

appropriate by the Town Engineer no later than November 15th to ensure that no

winter soil erosion occurs offsite. Any work necessary to address a stabilization

failure or areas visibly eroded shall be restored immediately upon notification by

the Town Engineer or upon direction of the Town Board."

"Sec. 26-261. Easements.

(a) The Town Board may require easements of widths deemed adequate by

the board for the intended purpose on each side of all rear lot lines and on

side lot lines or across lots where necessary or advisable for poles, wires,

conduits, drain tiles, storm and sanitary sewers, gas, water and heat mains,

or other utility lines. Wherever possible, the stormwater drainage shall be

maintained by either landscaped open channels or enclosed conduits of

adequate size and grade to hydraulically accommodate maximum potential

volumes of flow.

(b) Where a subdivision or minor subdivision is traversed by a watercourse,

drainageway, channel or stream, an adequate drainageway or easement

shall be provided as required by the Town Board. The location, width,

alignment and improvement of such drainageway or easement shall be

subject to the approval of the Town Board. Where a subdivision or minor

subdivision is traversed by a public or private drainage tile line, the Town

Board may require that provision be made for locating of and the

reconstruction, relocation or replacement of any such tile line which may

be disturbed, or adversely affected as determined by the Town Engineer,

by the development of such subdivision or minor subdivision so as to

provide for the continued operation of such tile line as before development

3

of such subdivision or minor subdivision. The Town may determine the

type of drain tile to be laid during any reconstruction, relocation or

replacement.

(c) Any easements required by the Town Board shall require the property

owner to be liable and responsible for the proper maintenance of the

drainage easements. Such maintenance shall include the control of weed

and algae growth, as well as the removal of silt and sedimentation, the

proper maintenance of retention or detention ponds and drain tiles. Such

maintenance shall be carried out in conformity with applicable ordinances.

In the event of any default in the obligations to properly repair damage

caused during construction or to maintain the drainage easements, the

Town may cause said maintenance to be provided and may charge the

property owner for any costs incurred by it. In addition, the Town, at its

option, may cause all such costs including any engineering, legal, and

administrative costs with respect to the same, to be assessed against the

property, all as provided in Sections 66.0627 and 66.0703, Wis. Stats. or

other applicable statute."

"c. Hydrologic characteristics, including surface water bodies, floodplains,

groundwater recharge and discharge areas (using existing data from local,

state and federal sources; i.e., no new field work is required), wetlands,

natural swales, drainageways, known drain tiles as determined by the

Town Board, and slopes of 20 percent or greater."

"(2) Areas not served by public sanitary sewer shall be zoned for a C-2 conditional use

development, or in accordance with another applicable zoning district, per the

Racine County Zoning Code. The front-footage requirements, principal building

setbacks, accessory building setbacks, rear lot line, and maximum building height

shall be as established for a C-2 development, or as set forth in the applicable

District regulations. Areas not served by sewer shall have a minimum net density

as calculated under the definition of Net Density pursuant to Section 26-189. A

4

lot shall have an area of not less than one acre, exclusive of areas utilized for

wastewater treatment facility."

"3. Peak discharges during the two-, ten- and 100-year storm events

"g. Significant natural resource and other features on the site, including:

jurisdictional wetlands, floodplains, watercourses, existing wooded areas,

slopes of 20 percent or greater, drainageways, known drain tiles, rare,

threatened and endangered species, all environmental corridors as mapped by

the Southeastern Wisconsin Regional Planning Commission and official

mapping on file with the county, and other natural resource features, views

and other prominent visual features. Where steep slopes may be present, the

town may require a survey by a registered land surveyor of the areas

containing slopes. This survey shall be referenced to the proposed cross

section of the adjacent road. Where drain tiles are suspected to exist, the

Town Board shall require Subdivider to search for and locate drain tiles on all

or a portion of the property. Once all existing drain tiles are located, a report

of the findings shall be prepared, including a survey and with data determined

to be relevant to the site by the Town Engineer."

"h. Location and size of all proposed and existing storms sewers (lines, drain

inlets, manholes), culverts, retention ponds, swales, infiltration practices and

areas, and other stormwater facilities within the plat and to a distance of 100

feet beyond the site and drain tiles that were located as required under Sec.

26-331(3)(g) or rerouted as required by any section of Chapter 26."

subdivision provides for an easement across the rear 12 feet of each lot abutting

upon a lot in the same plat subjected to a similar easement, making it all an

5

easement of 24 feet. The easement shall be established for the installation of all

public utilities. In the event such lot does not abut upon a lot subjected to a

similar easement, such nonabutting lot shall be subject to an easement of at least

12 feet in width for the same purposes as hereinbefore set forth. The

requirements of Sec. 26-261 are incorporated herein by reference and are

applicable to subdivisions. In the event compliance with this requirement is not

practicable in the opinion of the town board, the town board may waive the

requirements herein provided. The subdivider shall dedicate such other lands or

grant such other easements as the town board determines to be reasonably

required in accord with state statutes, to provide for public utilities and public

"Sec. 26-402. Public improvements.

In the event public improvements are required, plans, computations and specifications,

which conform to the provisions under this Chapter as required for subdivision

improvements, shall be submitted to the town engineer at the time of submission of the

proposed certified survey map. Such plans must be approved by the town engineer before

town board approval of the certified survey map. Prior to, or as a condition of, town

board approval of the certified survey map, the subdivider shall enter into a development

agreement, as addressed elsewhere in this Article, and deposit the required fees. In cases

where public lands or rights-of-way are reserved or dedicated for future construction of

public improvements, the subdivider shall enter into an agreement with the town

concerning future costs and liability prior to, or as a condition of, certified survey map

approval."

within a drainage easement shall be obstructed or disturbed, in accordance with the

following:

(1) All buildings and structures shall be set back at least 25 feet from the

landward edge of unnavigable streams, drainageways and wetlands.

Roadways, recreational trails and pedestrian walkways shall be permitted

to cross unnavigable streams and drainageways, provided, such

construction allows for the free passage of waters and that runoff is

controlled to prevent erosion and transport of sediment and pollutants to

nearby waters.

6

(2) No artificial obstruction may be constructed, planted or maintained within

any manmade or natural drainageway so that such obstructions impede the

natural flow of water and/or diminishes the natural aesthetic quality of the

drainageway.

(3) Lot boundaries shall be made to coincide with new and/or preexisting

manmade and natural drainageways to avoid the creation of lots that can

be built upon by altering such drainageways.

the retention or diversion:

(1) Results from a technique, practice or device deliberately installed as part

of an approved sedimentation or stormwater management plan.

(2) Is not substantially different in location or degree than that experienced by

the development site in its predevelopment state, unless such retention or

diversion is meeting the purposes of Section 26-461(d)(1) or the

retention/detention presents a danger to health or safety.

(3) Results from the actions of natural obstructions, whereby maintenance

shall be performed by the property owner, as appropriate.

(4) Has been allowed or required by the Town Planning Commission and

technique or measure, facility, system of practices or device that reduces soil, sediment or

pollutants carried in runoff to waters of the state to a level compatible with the pollution

control requirements of this division, based upon the technical standards identified,

developed, or disseminated by the Wisconsin Department of Natural Resources under

control and post-construction stormwater management regulatory requirements of

Subchapter III of Chapters NR 151 and NR 216 of the Wis. Adm. Code. This

7

division is not intended to limit activity or land divisions permitted under the

applicable zoning and land division ordinances. The town board recognizes that

the preferred method of addressing stormwater management problems and needs

is through the preparation of comprehensive stormwater management system

plans for logical subwatershed areas which are designed to meet the purpose and

intent of this division. Accordingly, the standards for on-site stormwater

management measures set forth in section subsections (d)(1) and (d)(2) of this

section do not apply in areas where such plans have been prepared. In the areas

for which stormwater management system plans have been prepared, all land

development activities will include stormwater management measures set forth in

the approved stormwater management system plans. It is the general intent of the

town, in cooperation with the town engineer, to achieve its purpose through:

(1) Managing longterm, postconstruction stormwater discharges from land

development activities.

(2) Providing two options for developing stormwater management

requirements, including:

a. Application of generic requirements in this division on a site by

site basis in areas for which no approved stormwater management

system plan exists; and

b. Implementation of management practices set forth in detailed

stormwater management plans in areas which are covered by a

specifications for stormwater management measures shall be made available by

the town clerk in cooperation with the town engineer. Peak flow shaving

components of stormwater structures shall be designed in accordance with

standard engineering practice and BMPs. Stormwater discharge volumes and peak

flow rates used in designing the water quantity and quality components of

stormwater structures shall be based on the principles of the document entitled,

Urban Hydrology for Small Watersheds (Technical Release 55: Engineering

Division, United States Department of Agriculture, June 1992), or other methods

approved by the town engineer. All stormwater management plans shall be

prepared and sealed by a registered professional engineer in the state. All permits

issued under this division shall be subject to the conditions under subsection (e)(4)

below including timeframes for completion and/or stabilization of disturbed areas

8

development or land disturbing activities subject to this division shall establish on-site

management measures to control the peak flow rates of stormwater discharged from the

site. Infiltration of stormwater runoff from driveways, sidewalks, rooftops and

landscaped areas shall be incorporated, to the maximum extent technically practical, to

provide volume control in addition to control of peak flows. On-site management

measures shall be used to meet the following minimum performance standards:

a. The peak flow rates of stormwater runoff from the development shall be

calculated using the series of design storms specified in subsection (d)(1)c.

of this section occurring under development conditions specified in

subsection (d)(1)d. of this section. Discharge velocities must be

nonerosive to discharge locations, outfall channels and receiving streams.

b. The postdevelopment peak flow rate of stormwater runoff from a 100-year

rainfall event shall not exceed the predevelopment condition peak flow

rate from a ten-year rainfall event. The postdevelopment condition peak

flow rate of stormwater runoff from a ten-year rainfall event shall not

exceed the predevelopment condition peak flow rate from a two-year

rainfall event.

c. At a minimum, the two-year, ten-year and 100-year rainfall events shall be

used in comparing peak flow discharge rates for predevelopment and

postdevelopment conditions.

d. When the natural resource conservation service (NRCS) TR-55 method is

used to calculate peak flow discharge rates and runoff volumes for the

predevelopment condition, NRCS curve numbers shall not exceed the

following for the given soil hydrologic groups. When other methods for

computing runoff are used, they shall assume a comparable

predevelopment condition.

Soil Hydrologic Group A B C D

NRCS curve number

for meadows

30 58 71 78

NRCS curve number

for woodlands

30 55 70 77

NRCS curve number 58 72 81 85

9

for paved agricultural

lands

NRCS curve number

for paved roadways

with open ditches

83 89 92 93

NRCS curve number

for

commercial/business

districts, 85%

impervious

89 92 94 94

NRCS curve number

for industrial districts,

72% impervious

81 88 91 93

e. Stormwater discharges to wetlands may be appropriate when the increase

or decrease in stormwater discharge volumes do not negatively change the

wetland functional values. Where such changes are proposed, the impact

of the proposal on wetland functional values shall be assessed using a

methodology acceptable to the town engineer. Degradation to wetland

"a. Stormwater discharges shall be designed to remove, on an average annual basis, a

minimum of 80 percent of the total suspended solids load as compared to no

runoff management controls."

"c. The permit holder shall notify the town board at least two working days prior to

commencing any work in conjunction with the stormwater management plan, and

within three working days upon completion of the stormwater management

measures. The permit holder shall make additional notification according to a

schedule set forth by the town board, in cooperation with the town engineer, so

that practice installations can be inspected during construction. As shall be

outlined in the stormwater management plan, in addition to utilizing BMPs on the

site, no grading, roadwork, swale, waterway work, or general site balancing work,

will be allowed after November 15th or prior to April 1st. All disturbed areas that

are not stabilized by October 15th shall be covered and stabilized with soil

10

erosion control fabric or other erosion control measures determined to be

appropriate by the Town Engineer no later than November 15th to ensure that no

winter soil erosion occurs offsite. Any work necessary to address a stabilization

failure or areas visibly eroded shall be restored immediately upon notification by

"k. The permit holder, including successors and assigns, is subject to the enforceable

actions and penalties under Section 26-464 if the permit holder fails to comply

with the terms of the permit or any provision of this Division."

"xiii. Where drain tiles are suspected to exist, the Town Board may require

Subdivider to search for and locate drain tiles on all or a portion of the

property. Once all existing drain tiles are located, a report of the findings

shall be prepared including a survey with data determined to be relevant to

the site by the Town Engineer."

"xii. Confirmed location of all drain tiles located and/or rerouted as required by

the Town Board."

a. Section 26-303(f)(8)(d) shall be amended to correct the internal reference to

"subsection 26-303(f)(1)";

b. Section 26-329 shall be amended to correct the internal reference to "section 26-

300";

c. Section 26-364(b)(9) shall be amended to correct the internal reference to

"Section 26-303";

d. Section 26-461(e)(2)(b)(2) shall be amended to correct the internal reference to

"Section 26-462";

e. Section 26-461(e)(4) shall be amended to correct the internal reference to

"Section 26-465";

11

Adopted by the Town Board of the Town of Raymond, Racine County, Wisconsin, this

____ day of May, 2008.

By:

Gary Kastenson, Chairman

Attest:

Kari D. L. Morgan, Town Clerk

Public Hearing Held:

Adoption:

Published:

2062.001 (Ch. 26 Stormwater) 4-29-08