2004-229
ORDINANCE NO. 2004 -229
An ordinance creating Chapter 15.06 of the Code of General Ordinances of the City of
Janesville controlling post-construction stormwater runoff, with penalties, injunctions and other
relief for violations thereof as set forth in JGO Chapter 15.80.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 15.06 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
SECTIONS:
15.06.010
15.06.020
15.06.030
15.06.040
15.06.050
15.06.060
15.06.070
15.06.080
15.06.090
15.06.100
15.06.110
15.06.120
15.06.130
15.06.140
"CHAPTER 15.06
POST -CONSTRUCTION STORMW ATER MANAGEMENT ORDINANCE
Authority
Findings - Intent - Purposes
Applicabili ty-J urisdiction
Definitions
Technical Standards
Perfonnance Standards
Pennitting Requirements- Procedures- Fees
Stonnwater Management Plan
Maintenance Agreement
Financial Guarantee
Fee Schedule
Inspection - Enforcement - Penalties
Appeals
Severability
15.06.010 Authority. A. This Chapter is adopted under the authority granted by Wis.
Stat. § 62.234 (2001-2002). This Chapter supersedes all provisions of any Chapter or ordinance
previously enacted under Wis. Stat. § 62.23 (2001-2002) that relate to stonnwater management
regulations. Except as otherwise specified in Wis. Stat. § 62.234 (2001-2002), Wis. Stat. § 62.23
(2001-2002) applies to this Chapter and to any amendments to this Chapter. All ofthese statutes
are as from time to time amended, revised, or renumbered.
B. The provisions set forth in this Chapter are deemed not to limit any other lawful
regulatory powers of the same governing body or the City in any manner.
C. The Common Council hereby designate the City Engineer and/or his/her designee(s) to
administer and enforce the provisions of this Chapter.
D. The requirements of this Chapter do not pre-empt more stringent stonnwater
management requirements that may be imposed by any of the following:
1. Wisconsin Department of Natural Resources administrative rules, pennits or
approvals including those authorized under Wis. Stat. §§ 281.16 and 283.33 (2001-2002), as
from time to time amended, revised or renumbered; and/or
2. Targeted non-agricultural perfonnance standards promulgated in rules by the
Wisconsin Department of Natural Resources under Wis. Admin. Code § NR 151.004, as from
time to time amended, revised or renumbered.
15.06.020
Findings - Purpose - Intent.
A. The Common Council find 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 post-
construction runoff can:
I. 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 stonn
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. Undennine floodplain management efforts by increasing the incidence and levels
of flooding.
B. The general purpose of this Chapter is to establish long-tenn, post-construction runoff
management requirements that will diminish the threats to public health, safety, welfare and the
aquatic environment. Specific purposes are to:
1. Further the maintenance of safe and healthful conditions.
2. Prevent and control the adverse effects of stonnwater; prevent and control soil
erosion; prevent and control water pollution; 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.
3. Control exceedance of the safe capacity of existing drainage facilities and
receiving water bodies; prevent undue channel erosion; control increases in the scouring and
transportation of particulate matter; and prevent conditions that endanger downstream property.
C. It is the intent ofthe Common Council that this Chapter regulate and reduce post-
construction stonnwater discharges and associated pollutants from reaching waters of the state.
Use of this Chapter will foster the consistent statewide application of post-construction
perfonnance standards for new development and redevelopment contained in subchapters III and
IV of Wis. Admin. Code ch. NR 151,as from time to time amended, revised or renumbered.
D. This Chapter may be applied on a site-by-site basis. The Common Council recognize,
however, that the preferred method of achieving the stonnwater perfonnance standards set forth
in this Chapter is through the preparation and implementation of comprehensive, systems-level
stonnwater management plans that cover hydrologic units, such as watersheds, on a municipal
and regional scale. Such plans may prescribe regional stonnwater 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 confonnance with the perfonnance standards developed
under Wis. Stat. § 281.16 (2001-2002), as from time to time amended, revised or renumbered,
for regional stonnwater management measures and have been approved by the Common
Council, it is the intent of this Chapter that the approved plan be used to identify post-
construction management measures acceptable for the community.
15.06.030 Applicability - Jurisdiction. A. This Chapter applies to the following
land disturbing construction activities within the boundaries and jurisdiction of the City of
Janesville except as provided under Subsection D.
1.
activity.
A construction site that has one (1) or more acres ofland disturbing construction
2. Construction activities under this Chapter which are less than one (1) acre, but are
part of a larger construction site that in total disturbs more than one acre.
3. A site that meets any ofthe criteria in this section is exempt from the
requirements ofthis Chapter.
(a) A redevelopment post-construction site with no increase in exposed
parking lots or roads.
(b) A post-construction site with less than ten percent (10%) connected
imperviousness based on complete development of the post-construction site,
provided the cumulative area of all parking lots and rooftops is less than one (1)
acre.
(c) Nonpoint discharges from agricultural facilities and practices.
(d) Nonpoint discharges from silviculture activities.
(e) Routine maintenance for project sites under five (5) acres ofland
disturbance if perfonned to maintain the original line and grade, hydraulic
capacity or original purpose of the facility.
(f) Underground utility construction such as water, sewer and fiberoptic lines.
This exemption does not apply to the construction of any above ground structures
associated with utility construction.
B. Notwithstanding the applicability requirements in Subsection A., this Chapter applies to
post-construction sites of any size that, in the opinion of the City Engineer, is likely to result in
runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of
water, that causes undue channel erosion, that increases water pollution by scouring or the
transportation of particulate matter or that endangers property or public safety.
C. JURISDICTION. This Chapter applies to post-construction sites within the boundaries
and jurisdiction of the City of J anesville, as well as all lands located within the extraterritorial
plat approval jurisdiction of the City of J anesville, even if plat approval is not involved.
D. EXCLUSIONS. This Chapter is not applicable to activities conducted by a state
agency, as defined under Wis. Stat. § 227.01(1), as from time to time amended, revised or
renumbered, but also including the office of district attorney, which is subject to the state plan
promulgated or a memorandum of understanding entered into under Wis. Stat. § 281.33(2)
(2001-2002), as from time to time amended, revised or renumbered
15.06.040
Definitions.
"Administering authority" means a governmental employee designated by the Common Council
to administer this Chapter.
"Agricultural facilities and practices" has the meaning given in Wis. Stat. § 281.16 (2001-
2002), as from time to time amended, revised or renumbered.
"Average annual rainfall" means a calendar year of precipitation, excluding snow, which is
considered typical. In this Chapter, the following year and location has been selected as average
annual rainfall(s): Madison, 1981 (Mar. 12-Dec.2).
"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.
"Business day" means a day the office of the City Engineer is routinely and customarily open for
business.
"Common Council" means the governing body of the City of Janesville.
"Cease and desist order" means a court-issued order to halt land disturbing construction activity
that is being conducted without the required pennit.
"Class I Sites" means construction sites with five (5) or more acres ofland-disturbing
construction activity.
"Class II Sites" means construction sites with less than five (5) acres of land-disturbing
construction activity.
"Combined sewer system" means a system for conveying both sanitary sewage and stonnwater
runoff.
"Connected imperviousness" means an impervious surface that is directly connected to a
separate stonn sewer or water of the state via an impervious flow path.
"Design stonn" means a hypothetical discrete rainstonn characterized by a specific duration,
temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
"Development" means residential, commercial, industrial or institutional land uses and
associated roads.
"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, benns or pretreatment.
"Erosion" means the process by which the land's surface is worn away by the action of wind,
water, ice or gravity.
"Exceptional resource waters" means waters listed in Wis. Admin Code § NR 102.11, as from
time to time amended, revised or renumbered.
"Extraterritorial" means the unincorporated area within three (3) miles ofthe corporate limits of
the City of Janesville.
"Final stabilization" means that all land disturbing construction activities at the construction site
have been completed and that a unifonn, perennial, vegetative cover has been established, with a
density of at least seventy percent (70%) of the cover, for the unpaved areas and areas not
covered by pennanent structures, or employment of equivalent pennanent stabilization measures.
"Financial guarantee" means a surety bond or irrevocable letter of credit submitted to the City
Engineer by the responsible party to assure that requirements of this Chapter are carried out in
compliance with the stonnwater management plan.
"Governing body" means the Common Council of the City of Janesville.
"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.
"In- fill area" means an undeveloped area ofland located within existing development.
"Infiltration" means the entry of precipitation or runoff into or through the soil.
"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 downspouts onto lawns or minimal
infiltration from practices, such as swales or road side channels designed for conveyance and
pollutant removal only.
"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.
"Land disturbing construction activity" 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.
"Maintenance agreement" means a legal document that provides for long-tenn maintenance of
stonnwater management practices.
"MEP" or "maximum extent practicable" means a level of implementing best management
practices in order to achieve a perfonnance 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 perfonnance standards and
may vary based on the perfonnance standard and site conditions.
"New development" means development resulting from the conversion of previously
undeveloped land or agricultural land uses.
"Off-site" means located outside the property boundary described in the pennit application.
"On-site" means located within the property boundary described in the pennit application.
"Ordinary high-water mark" has the meaning given in Wis. Admin. Code § NR 115.03(6), as
from time to time amended, revised or renumbered.
"Outstanding resource waters" means waters listed in Wis. Admin. Code § NR 102.10, as from
time to time amended, revised or renumbered.
"Percent fines" means the percentage of a given sample of soil, which passes through a # 200
SIeve.
"Perfonnance standard" means a narrative or measurable number specifying the minimum
acceptable outcome for a facility or practice.
"Pennit" means a written authorization made by the City Engineer to the applicant to conduct
land disturbing construction activity or to discharge post-construction runoffto waters of the
state.
"Pennit administration fee" means a sum of money paid to the City Engineer by the pennit
applicant for the purpose of recouping the expenses incurred by the authority in administering
the pennit.
"Pervious surface" means an area that releases 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.
"Pollutant" has the meaning given in Wis. Stat. § 283.01(13) (2001-2002), as from time to time
amended, revised or renumbered.
"Pollution" has the meaning given in Wis. Stat. § 281.01(10) (2001-2002), as from time to time
amended, revised or renumbered.
"Post-construction site" means a construction site following the completion of land disturbing
construction activity and final site stabilization.
"Pre-development condition" 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 environmentally sound manner.
"Preventive action limit" has the meaning given in Wis. Admin. Code § NR 140.05(17).
"Redevelopment" means areas where development is replacing older development.
"Responsible party" means any entity holding fee title to the property or other person perfonning
services or contracted or obligated by other agreement to implement and maintain post-
construction stonnwater BMPs.
"Runoff' means stonnwater or precipitation including rain, snow or ice melt or similar water that
moves on the land surface via sheet or channelized flow.
"Separate stonn sewer" means a conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, constructed or engineered
channels or stonn drains, which meets all of the following criteria:
1. Is designed or used for collecting water or conveying runoff.
2. Is not part of a combined sewer system.
3. Is not draining to a stonnwater treatment device or system.
4. Discharges directly or indirectly to waters ofthe state.
"Site" means the entire area included in the legal description of the land on which the land
disturbing construction activity occurred.
"Stop-work order" means an order issued by the City Engineer which requires that all
construction activity on the site be stopped.
"Stonnwater management plan" means a comprehensive plan designed to reduce the discharge
of pollutants from stonnwater after the site has under gone final stabilization following
completion of the construction activity.
"Stonnwater 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.
"Technical standard" means a document that specifies design, predicted perfonnance and
operation and maintenance specifications for a material, device or method.
"Top ofthe 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
twelve percent (12%) continually for at least fifty feet (50'). If the slope of the land is twelve
percent (12%) or less continually for the initial fifty feet (50'), landward from the ordinary high
water mark, the top of the channel is the ordinary high water mark.
"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.
"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 stonn pattern.
"Waters ofthe state" has the meaning given in Wis. Stat. § 281.01(18) (2001-2002), as from time
to time amended, revised or renumbered
15.06.050
Technical Standards.
A. The following methods shall be used in designing the water quality, flood control, and
infiltration components of stonnwater practices needed to meet the water quality standards of
this Chapter:
1. Technical standards identified, developed or disseminated by the Wisconsin
Department of Natural Resources under subchapter V of Wis. Admin. Code ch. NR 151.
2. Applicable design criteria, standards and specifications identified in the Janesville
Erosion Control and Stormwater Management Site Design Manual.
3. Where technical standards have not been identified or developed by the
Wisconsin Department of Natural Resources, other technical standards may be used provided
that the methods have been approved by the City Engineer.
15.06.060
Perfonnance Standards.
A. RESPONSIBLE P ARTY. The responsible party shall implement a post-construction
stonnwater management plan that incorporates the requirements of this Chapter.
B. PLAN. A written stonnwater management plan in accordance with this Chapter shall be
developed and implemented for each post-construction site.
C. REQUIREMENTS. The plan required under Subsection B. shall include the following:
1. TOTAL SUSPENDED SOLIDS. BMPs shall be designed, installed and
maintained to control total suspended solids carried in runoff from the post-construction site as
follows:
(a) For new development, by design, reduce to the maximum extent
practicable, the total suspended solids load by eighty percent (80%), based on the
average annual rainfall, as compared to no runoff management controls. No
person shall be required to exceed an eighty percent (80%) total suspended solids
reduction to meet the requirements of this subdivision.
(b) For redevelopment, by design, reduce to the maximum extent practicable,
the total suspended solids load by forty percent (40%), based on the average
annual rainfall, as compared to no runoff management controls. No person shall
be required to exceed a forty percent (40%) total suspended solids reduction to
meet the requirements of this subdivision
(c) For in-fill development under five (5) acres that occurs on or before
January 1, 2015, by design, reduce to the maximum extent practicable, the total
suspended solids load by forty percent (40%) based on an average annual rainfall,
as compared to no runoff management controls. No person shall be required to
exceed a 40% total suspended solids reduction to meet the requirements of this
subdivision.
(d) For in-fill development that after January 1, 2015, by design, reduce to the
maximum extent practicable, the total suspended solids load by eighty percent
(80%), based on an average annual rainfall, as compared to no runoff
management controls. No person shall be required to exceed an eighty percent
(80%) total suspended solids reduction to meet the requirements ofthis
subdivision.
2. Notwithstanding Subsection C.l.( a)-( d), if the design cannot achieve the
applicable total suspended solids reduction specified, the stonnwater management plan shall
include a written and site-specific explanation of why that level of reduction is not attained and
the total suspended solids load shall be reduced to the maximum extent practicable.
D. PEAK DISCHARGE.
By design, BMPs shall be employed to maintain or reduce the peak runoff discharge rates, to the
maximum extent practicable, as compared to pre-development conditions for the two (2) year,
ten (10) year, and one hundred (100) year twenty-four (24) hour design stonn applicable to the
post-construction site. Pre-development conditions shall assume "good hydrologic conditions"
for appropriate land covers as identified in TR-55 or an equivalent methodology. The meaning
of "hydrologic soil group" and "runoff curve number" are as detennined in TR-55. However,
when pre-development land cover is cropland, rather than using TR-55 values for cropland, the
runoff curve numbers in Table 1 shall be used.
Table 1. Maximum Pre-Development Runoff Curve Numbers for Cropland Areas
( 'b db th W' . Dartt fN t I R )
as prescn e )y e Isconsm ep: men 0 aura esources
Hydrologic Soil A B C D
Group
Runoff Curve 56 70 79 83
Number
This Subsection of this Chapter does not apply to any ofthe following:
1. A redevelopment post-construction site.
2. An in-fill development area less than five (5) acres.
E. INFILTRATION. BMPs shall be designed, installed, and maintained to infiltrate runoff
to the maximum extent practicable in accordance with the following except as provided in this
section:
1. For residential developments--Infiltrate sufficient runoff volume so that he post-
development infiltration volume shall be at least ninety percent (90%) of the pre-development
infiltration volume, based on and average annual rainfall. However, when designing appropriate
infiltration systems to meet this requirement, no more than 1 % ofthe project site is required as
an effective infiltration area.
2. For non-residential development, including commercial, industrial and
institutional development--Infiltrate sufficient runoff volume so that the post-development
infiltration volume shall be at least sixty percent (60%) of the pre-development infiltration
volume, based on an average annual rainfall. However, when designing appropriate infiltration
systems to meet this requirement, no more that two percent (2%) of the project site is required as
an effective infiltration area.
3. Pre-development condition shall be the same as in Subsection D.
4. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and
for runoff from new road construction in commercial, industrial and institutional areas that will
enter an infiltration system. The pretreatment shall be designed to protect the infiltration system
from clogging prior to scheduled maintenance and to protect groundwater quality. Pretreatment
options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration,
filtration, swales or filter strips.
5. Exclusions. The runoff from the following areas are prohibited from meeting the
requirements of this section:
(a) Areas associated with tier 1 industrial facilities identified in Wis. Admin.
Code § NR 216.21(2)(a), including storage, loading, rooftop and parking.
(b) Fueling and vehicle maintenance areas.
(c) Areas within one-thousand feet (1000') up gradient or within one hundred
feet (100') downgradient of karst features.
(d) Areas with less than three feet (3') separation distance from the bottom of
the infiltration system to the elevation of seasonal high groundwater or the top of
bedrock, except this does not prohibit infiltration of roof runoff.
(e) Areas with runoff from industrial, commercial and institutional parking
lots and roads and residential arterial roads with less than five feet (5') separation
distance from the bottom of the infiltration system to the elevation of seasonal
high groundwater or the top of bedrock.
(f) Areas within four hundred feet (400') of a community water system well
as specified in Wis. Admin. Code § NR 811.16(4), or within one hundred feet
(100') of a private well as specified in Wis. Admin. Code § NR 812.08(4), for
runoff infiltrated from commercial, industrial and institutional land uses or
regional devices for residential development.
(g) Areas where contaminants of concern, as defined in Wis. Admin. Code §
NR 720.03(2), are present in the soil through which infiltration will occur.
(h) Any area where the soil does not exhibit one ofthe following soil
characteristics between the bottom of the infiltration system and the seasonal high
groundwater and top of bedrock: at least a three foot (3') soil layer with twenty
percent (20%) fines or greater; or at least a five foot (5') soil layer with ten
percent (10%) fines or greater. This does not apply where the soil medium within
the infiltration system provides an equivalent level of protection. This does not
prohibit infiltration of roof runoff.
section:
6. Exemptions. The following are not required to meet the requirements of this
(a) Redevelopment post-construction sites.
(b) In-fill development areas less than five (5) acres.
( c) Infiltration areas during periods when the soil on the site is frozen.
(d) Infiltration systems designed in accordance with this section shall, to the
extent technically and economically feasible, minimize the level of pollutants
infiltrating to groundwater and shall maintain compliance with the preventive
action limit at a point of standards application in accordance with Wis. Admin.
Code ch. NR 140. However, if site specific infonnation indicates that compliance
with a preventive action limit is not achievable, the infiltration BMP may not be
installed or shall be modified to prevent infiltration to the maximum extent
practicable.
(e) Notwithstanding Subsection E.6.(d), the discharge from BMPs shall
remain below the enforcement standard at the point of standards application.
F. PROTECTIVE AREAS.
1. "Protective area" means an area ofland that commences at the top of the channel
oflakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of
the following widths, as measured horizontally from the top of the channel or delineated wetland
boundary to the closest impervious surface. However, in this section, "protective area" does not
include any area ofland adjacent to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
(a) For outstanding resource waters and exceptional resource waters, and for
wetlands in areas of special natural resource interest as specified in Wis. Admin.
Code § NR 103.04, seventy-five feet (75').
(b) For perennial and intennittent streams identified on a United States
geological survey 7.5-minute series topographic map, or a county soil survey
map, whichever is more current, fifty feet (50').
(c) For lakes, fifty feet (50').
(d) For highly susceptible wetlands, fifty feet (50'). Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low prairies,
conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows,
shallow marshes, deep marshes and seasonally flooded basins. Wetland boundary
delineations shall be made in accordance with Wis. Admin. Code § NR
103.08(lm). This section does not apply to wetlands that have been completely
filled in accordance with all applicable state and federal regulations. The
protective area for wetlands that have been partially filled in accordance with all
applicable state and federal regulations shall be measured from the wetland
boundary delineation after fill has been placed.
(e) For less susceptible wetlands, ten percent (10%) ofthe average wetland
width, but no less than ten feet (10') nor more than thirty feet (30'). Less
susceptible wetlands include degraded wetlands dominated by invasive species
such as reed canary grass.
(f) In Subsection F.1.(a)-(d), detenninations of the extent of the protective
area adjacent to wetlands shall be made on the basis of the sensitivity and runoff
susceptibility of the wetland in accordance with the standards and criteria in Wis.
Admin. Code § NR 103.03.
(g) For concentrated flow channels with drainage areas greater than one
hundred thirty (130) acres, ten feet (10').
2. This section applies to post-construction sites located within a protective area,
except those areas exempted pursuant to Subsection F.3.(d).
3. The following requirements shall be met:
(a) Impervious surfaces shall be kept out of the protective area to the
maximum extent practicable. The stonnwater management plan shall contain a
written site-specific explanation for any parts ofthe protective area that are
disturbed during construction.
· ,
(b) Where land disturbing construction activity occurs within a protective
area, and where no impervious surface is present, adequate sod or self-sustaining
vegetative cover of seventy percent (70%) or greater shall be established and
maintained. The adequate sod or self-sustaining vegetative cover shall be
sufficient to provide for bank stability, maintenance of fish habitat and filtering of
pollutants from upslope overland flow areas under sheet flow conditions. Non-
vegetative materials, such as rock riprap, may be employed on the bank as
necessary to prevent erosion, such as on steep slopes or where high velocity flows
occur. shall be used in the protective areas whenever possible.
(c) Non-aggressive, flood and drought tolerant vegetative cover
(d) Best management practices such as filter strips, swales, or wet detention
basins, that are designed to control pollutants from non-point sources may be
located in the protective area.
4. Other regulations, such as Wis. Stat. ch. 30 (2001-2002), as from time to time
amended, revised or renumbered, and Wis. Admin. Code chs. NR 103, 115, 116 and 117, as
from time to time amended, revised or renumbered, and their associated review and approval
process may apply in the protective area.
5. This section does not apply to:
(a) Redevelopment post-construction sites.
(b) In-fill development areas less than five (5) acres.
(c) Structures that cross or access surface waters such as boat landings,
bridges and culverts.
(d) Structures constructed in accordance with Wis. Stat. § 59.692(1 v), (2001-
2002), as from time to time amended, revised or renumbered
(e) Post-construction sites from which runoff does not enter the surface water,
except to the extent that vegetative ground cover is necessary to maintain bank
stability.
G. FUELING AND VEHICLE MAINTENANCE AREAS. Fueling and vehicle
maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and
maintained to reduce petroleum within runoff, such that the runoffthat enters waters of the state
contains no visible petroleum sheen. A combination of the following BMPs may be used: oil and
grease separators, canopies, petroleum spill cleanup materials, or any other structural or non-
structural method of preventing or treating petroleum in runoff.
H. GENERAL CONSIDERATIONS FOR ON-SITE AND OFF-SITE STORMWATER
MANAGEMENT MEASURES.
1. The following considerations shall be observed in managing runoff:
(a) Natural topography and land cover features such as natural swales, natural
depressions, native soil infiltrating capacity, and natural groundwater recharge
areas shall be preserved and used, to the extent possible, to meet the requirements
of this section.
(b) Emergency overland flow for all stonnwater facilities shall be provided to
prevent exceeding the safe capacity of downstream drainage facilities and prevent
endangennent of downstream property or public safety.
1. LOCATION AND REGIONAL TREATMENT OPTION.
1. The BMPs may be located on-site or off-site as part of a regional stonnwater
device, practice or system.
2. Post-construction runoff within a non-navigable surface water that flows into a
BMP, such as a wet detention pond, is not required to meet the perfonnance standards of this
Chapter. Post-construction BMPs may be located in non-navigable surface waters.
3. Except as allowed under Subsection IA., post-construction runoff from new
development shall meet the post-construction perfonnance standards prior to entering a
navigable surface water.
4. Post-construction runoff within a navigable surface water that flows into a BMP is
not required to meet the perfonnance standards of this Chapter if the BMP was constructed prior
to the effective date of this Chapter and the BMP either received a pennit issued under Wis. Stat.
ch. 30(2001-2002), as from time to time amended, revised or renumbered, or the BMP did not
require a Wis. Stat. ch. 30 (2001-2002), as from time to time amended, revised or renumbered,
pennit; and
5. Runoff from existing development, redevelopment and in-fill areas shall meet the
post-construction perfonnance standards in accordance with this section.
6. To the maximum extent practicable, BMPs shall be located to treat runoff prior to
discharge to navigable surface waters.
7. Post-construction BMPs for such runoff may be located in a navigable surface
water if allowable under all other applicable federal, state and local regulations such as Wis.
Admin. Code ch. NR 103, and Wis. Stat. ch. 30 (2001-2002), as from time to time amended,
revised or renumbered.
8. The City Engineer may approve off-site management measures provided that all
of the following conditions are met:
(a) The City Engineer detennines that the post-construction runoff is covered
by a stonnwater management system plan that is approved by the City of
J anesville and that contains management requirements consistent with the purpose
and intent ofthis Chapter.
(b) The off-site facility meets all of the following conditions:
(1) The facility is in place.
(2) The facility is designed and adequately sized to provide a level of
stonnwater control equal to or greater than that which would be afforded
by on-site practices meeting the perfonnance standards ofthis Chapter.
(3) The facility has a legally obligated entity responsible for its long-
tenn operation and maintenance.
J. ALTERNATE REQUIREMENTS. The City Engineer may establish stonnwater
management requirements more stringent than those set forth in this section ifthe City Engineer
detennines that an added level of protection is needed to protect sensitive resources.
15.06.070
Pennitting Requirements - Procedures - Fees.
A. PERMIT REQUIRED. No responsible party may undertake a land disturbing
construction activity without receiving prior approval and a post-construction runoff pennit from
the City Engineer prior to commencing the proposed activity. Any work done without a pennit
issued under this Chapter shall be unlawful, shall cease immediately and shall be subject to
enforcement, prosecution, double pennit fees and other relief and penalties as set forth in this
Chapter.
B. PERMIT APPLICATION AND FEES.
1. Unless specifically excluded by this Chapter, any responsible party desiring a
pennit shall submit to the City Engineer a pennit application made on a fonn provided by the
City Engineer for that purpose.
2. Unless otherwise excepted by this Chapter, a pennit application, available from
the City Engineer's Office, must be accompanied by a stonnwater management plan, a
maintenance agreement and a non-refundable pennit administration fee in accordance with the
adopted erosion control and stonnwater management fee schedule.
3. The stonnwater management plan shall be prepared to meet all the requirements
of this Chapter as well as all provisions related to the maintenance agreement, the financial
guarantee requirements, and fees shall be in accordance with the adopted erosion control and
stonnwater management fee schedule.
C. REVIEW AND APPROVAL OF PERMIT APPLICATION. The City Engineer
shall review any pennit application that is submitted with a stonnwater management plan,
maintenance agreement, and the required fee. The following approval procedure shall be used:
1. Within fifteen (15) business days of the receipt of a complete pennit application,
including all items as required by this Chapter, the City Engineer shall infonn the applicant
whether the application, plan and maintenance agreement are approved or disapproved based on
the requirements of this Chapter.
2. If the stonnwater pennit application, plan and maintenance agreement are
approved, or if an agreed upon payment of fees in lieu of stonnwater management practices is
made, the City Engineer shall issue the pennit.
3. If the stonnwater pennit application, plan or maintenance agreement is
disapproved, the City Engineer shall detail in writing the reasons for disapproval.
4. The City Engineer may request additional infonnation from the applicant. If
additional infonnation is submitted, the City Engineer shall have fifteen (15) business days from
the date the additional infonnation is received to infonn the applicant that the plan and
maintenance agreement are either approved or disapproved.
5. Failure by the City Engineer to infonn the pennit applicant of a decision within
fifteen (15) business days of a required submittal shall be deemed to mean approval of the
submittal and the applicant may proceed as if a pennit had been issued.
D. PERMIT REQUIREMENTS. All pennits issued under this Chapter shall be subject to
the following conditions, and holders of pennits issued under this Chapter shall be deemed to
have accepted these conditions:
1. The City Engineer may suspend or revoke a pennit for violation of a pennit
condition, following written notification to the responsible party.
2. An action by the City Engineer to suspend or revoke this pennit may be appealed
in accordance with this Chapter.
3. Compliance with this pennit does not relieve the responsible party of the
responsibility to comply with other applicable federal, state, and local laws and regulations.
4. The responsible party shall design and install all structural and non-structural
stonnwater management measures in accordance with the approved stonnwater management
plan and this pennit.
5. The responsible party shall notify the City Engineer at least forty-eight (48) hours
before commencing any work in conjunction with the stonnwater management plan, and within
fourteen (14) days upon completion of the stonnwater management practices.
6. If required as a special condition under this Chapter, the responsible party shall
make additional notification according to a schedule set forth by the City Engineer so that
practice installations can be inspected during construction.
7. Practice installations required as part ofthis Chapter shall be certified "as built"
by the responsible party.
8. Completed stonnwater management practices must pass a final inspection by the
City Engineer and/or his/her designee(s) to detennine if they are in accordance with the
approved stonnwater management plan and Chapter. The City Engineer and/or his/her
designee(s) shall notify the responsible party in writing of any changes required in such
practices to bring them into compliance with the conditions ofthis pennit.
9. The responsible party shall notify the City Engineer of any significant
modifications it intends to make to an approved stonnwater management plan. The City
Engineer may require that the proposed modifications be submitted to it for approval prior to
incorporation into the stonnwater management plan and execution by the responsible party.
10. The responsible party shall maintain all stonnwater management practices in
accordance with the stonnwater management plan until the practices are transferred to
subsequent private owners as specified in the approved maintenance agreement.
11. The responsible party authorizes the City Engineer and/or his/her designee(s) to
perfonn any work or operations necessary to bring stonnwater management measures into
confonnance with the approved stonnwater management plan, and consents to a special
assessment or charge against the property equal to the costs of the work perfonned under this
Subsection by the City Engineer and/or his/her designee(s), plus interest, as authorized under
subch. VII of Wis. Stat. ch. 66 (2001-2002), as from time to time amended, revised or
renumbered, or to charging such costs against the financial guarantee posted under this Chapter.
12. If so directed by the City Engineer and/or his/her designee(s), the responsible
party shall repair at the responsible party's own expense all damage to adjoining municipal
facilities and drainage ways caused by runoff, where such damage is caused by activities that
are not in compliance with the approved stonnwater management plan.
13. The responsible party shall pennit property access to the City Engineer and/or
his/her designee(s) for the purpose of inspecting the property for compliance with the approved
stonnwater management plan and this pennit.
14. Where site development or redevelopment involves changes in direction,
increases in peak rate and/or total volume of runoff from a site, the City Engineer and/or hislher
designee(s) may require the responsible party to make appropriate legal arrangements with
affected property owners concerning the prevention of endangennent to property or public
safety.
15. The responsible party is subject to the enforcement actions and penalties detailed
in this Chapter, if the responsible party fails to comply with the tenns ofthis pennit.
C. PERMIT CONDITIONS. Pennits issued under this Subsection may include conditions
established by City Engineer in addition to the requirements needed to meet the perfonnance
standards and/ or a financial guarantee set forth in this Chapter where, in the sole discretion of
the City Engineer and/or his/her designee(s), such conditions and/or requirements are detennined
necessary and/or beneficial to assure compliance with the perfonnance standards and/or intent
and goals of this Chapter.
D. PERMIT DURATION. Pennits issued under this section shall be valid for two (2) years
from the date of issuance.
15.06.080
Stonnwater Management Plan.
A. POST -CONSTRUCTION STORMW ATER MANAGEMENT PLAN FOR CLASS I
SITES (LAND DISTURBING ACTIVITIES COVERING FIVE OR MORE ACRES) For all
Class I sites subject to this Chapter, a stonnwater management plan and pennit application,
available from the City Engineer's Office, shall be prepared and submitted to the City Engineer.
The stonnwater management plan required under this Chapter shall contain at a minimum the
following infonnation:
1. Name, address, and telephone number for the following or their designees:
landowner; developer; project engineer for practice design and certification; person(s)
responsible for installation of stonnwater management practices; and person( s) responsible for
maintenance of stonnwater management practices prior to the transfer, if any, of maintenance
responsibility to another party.
2. A proper legal description of the property proposed to be developed, referenced to
the U.S. Public Land Survey system or to block and lot numbers within a recorded land
subdivision plat.
3. Pre-development site conditions, including:
(a) One or more site maps at a scale of not less than one inch (1 ") equals one
hundred feet (100'). The site maps shall show the following:
(1) site location and legal property description;
(2) predominant soil types and hydrologic soil groups;
(3) existing cover type and condition; topographic contours ofthe
site at a scale not to exceed two feet (2 ');
(4) topography and drainage network including enough of the
contiguous properties to show runoff patterns onto, through,
and from the site;
(5) watercourses that may affect or be affected by runoff from the
site;
(6) flow path and direction for all stonnwater conveyance sections;
(7) watershed boundaries used in hydrology detenninations to
show compliance with perfonnance standards;
(8) lakes, streams, wetlands, channels, ditches, and other
watercourses on and immediately adjacent to the site;
(9) limits of the one hundred (100) year floodplain;
(10) location of wells and wellhead protection areas covering the
project area and delineated pursuant to Wis. Admin. Code §
NR 811.16.
(b) Hydrology and pollutant loading computations as needed to show
compliance with perfonnance standards.
(c) All major assumptions used in developing input parameters shall be
clearly stated.
(d) The geographic areas used in making the calculations shall be clearly
cross-referenced to the required map(s).
4. Post-development site conditions, including:
(a) Explanation of the provisions to preserve and use natural topography and
land cover features to minimize changes in peak flow runoff rates and volumes to
surface waters and wetlands.
(b) Explanation of any restrictions on stonnwater management measures in
the development area imposed by wellhead protection plans and ordinances.
( c) One or more site maps at a scale of not less than one inch (1 ") equals one
hundred feet (100') showing the following:
(1) post-construction pervious areas including vegetative cover
type and condition;
(2) impervious surfaces including all buildings, structures, and
pavement;
(3) post-construction topographic contours of the site at a scale not to
exceed two feet (2 '); post-construction drainage network including
enough of the contiguous properties to show runoff patterns onto,
through, and from the site;
(4) locations and dimensions of drainage easements;
(5) locations of maintenance easements specified in the maintenance
agreement;
(6) flow path and direction for all stonnwater conveyance sections;
(7) location and type of all stonnwater management conveyance and
treatment practices, including the on-site and off-site tributary
drainage area;
(8) location and type of conveyance system that will carry runoff from
the drainage and treatment practices to the nearest adequate outlet
such as a curbed street, stonn drain, or natural drainage way;
(9) watershed boundaries used in hydrology and pollutant loading
calculations and any changes to lakes, streams, wetlands, channels,
ditches, and other watercourses on and immediately adjacent to the
site.
(d) Hydrology and pollutant loading computations as needed to show
compliance with perfonnance standards. The computations shall be made for
each discharge point in the development, and the geographic areas used in making
the calculations shall be clearly cross-referenced to the required map(s). Pollutant
loading models such as SLAMM, P8 or equivalent methodology may be used to
evaluate BMP efficiency.
(e) Results of investigations of soils and groundwater required for the
placement and design of stonnwater management measures.
(f) Detailed drawings including cross-sections and profiles of all pennanent
stonnwater conveyance and treatment practices.
(g) A description and installation schedule for the stonnwater management
practices needed to meet the perfonnance standards in this Chapter.
(h) A maintenance plan developed for the life of each stonnwater
management practice including the required maintenance activities and
maintenance activity schedule.
(i) Cost estimates for the construction, operation, and maintenance of each
stonnwater management practice.
(j) Other infonnation requested in writing by the City Engineer to detennine
compliance of the proposed stonnwater management measures with the
provisions of this Chapter.
(k) All site investigations, plans, designs, computations, and drawings shall be
prepared in accordance with accepted engineering practice and requirements of
this Chapter.
B. POST-CONSTRUCTION STORMW ATER MANAGEMENT PLAN STATEMENT
FOR CLASS II SITES (LESS THAN FIVE (5) ACRES OF LAND DISTURBING ACTIVITY).
For sites with less than five (5) acres ofland disturbing activity a stonnwater management plan
statement and a pennit application, available from the City Engineer's Office, shall be prepared.
This statement and pennit application shall be submitted to the City Engineer. The control plan
statement shall include a description of the site and include all ofthe items in this Chapter, as
applicable. Best management practices must be designed and located according the guidelines
and technical standards in the Janesville Erosion Control and Storm water Management Site
Design Manual; sites designed accordingly will meet or exceed the perfonnance standards in this
Chapter. Class II sites not designed according to manual guidelines and standards are required to
make a Class I stonnwater management pennit submittal.
C. ALTERNATE REQUIREMENTS. The City Engineer may prescribe alternative
submittal requirements for applicants seeking an exemption to on-site stonnwater management
perfonnance standards as pennitted under this Chapter.
15.06.090 Maintenance Agreement.
A. MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required
under this Chapter for stonnwater management practices shall be an agreement between the City
Engineer and the responsible party to provide for maintenance of stonnwater practices beyond
the duration period of this pennit. 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 stonnwater management practices.
B. AGREEMENT PROVISIONS. The maintenance agreement shall contain the following
infonnation and provisions and be consistent with the maintenance plan required by this Chapter:
1. Identification of the stonnwater facilities and designation of the drainage area
served by the facilities.
(a) For Class I sites a detailed schedule for regular maintenance of each aspect
ofthe stonnwater management system consistent with the stonnwater
management plan required under this Chapter.
(b) For Class II sites the standard maintenance schedule include in the
Janesville Erosion Control and Storm water Management Site Design Manual
shall be considered acceptable.
2. Identification of the responsible party(s) responsible for long tenn maintenance of
the stonnwater management practices identified in the stonnwater management plan required
under this Chapter.
3. Requirement that the responsible party(s) shall maintain stonnwater management
practices in accordance with the schedule included in this Chapter.
4. Authorization for the City Engineer and/or his/her designee(s) to access the
property to conduct inspections of stonnwater management practices as necessary to ascertain
that the practices are being maintained and operated in accordance with the agreement.
5. Agreement that the party designated under this Chapter, as responsible for long
tenn maintenance of the stonnwater management practices, shall be notified by the City Engineer
of maintenance problems which require correction.
6. The specified corrective actions shall be undertaken within a reasonable time
frame as set by the City Engineer and/or his/her designee(s).
7. Authorization of the City Engineer to perfonn the corrected actions identified in
the inspection report ifthe responsible party designated under this Chapter does not make the
required corrections in the specified time period. The costs of the work perfonned under this
Subsection by the City Engineer and/or hislher designee(s), plus interest shall be billed to the
responsible party. The City Engineer shall enter the amount due on the tax rolls and collect the
money as a special charge against the property pursuant to subch. VII of Wis. Stat. ch. 66 (2001-
2002), as from time to time amended, revised or renumbered
15.06.100
Financial Guarantee.
A. As a condition of approval and issuance of a pennit, for all Class I sites, the City
Engineer shall require the applicant to deposit a surety bond or irrevocable letter of credit to
guarantee good faith execution of the approved stonnwater management plan and any pennit
conditions. The guarantee amount shall be equal to the estimated cost of construction ofthe
stonnwater management facilities. The financial guarantee shall give the City Engineer the
authorization to use the funds to complete the stonnwater management practices if the
responsible party defaults or does not properly implement the approved stonnwater management
plan, upon written notice to the responsible party by the administering authority that the
requirements of this Chapter have not been met.
15.06.110
Fee Schedule.
A. The fees referred to in other sections of this Chapter shall be established by the City
Manager and revised at any time, and the Common Council shall be advised of these rates. From
time to time the fees shall be evaluated and modified as necessary to assure recovery of City
costs and related expenses including, but not limited to, review, enforcement and consultation..
A schedule ofthe fees shall be available for review in the City Engineer's Office at the Janesville
Municipal Building.
15.06.120
Inspection - Enforcement - Penalties.
A. INSPECTION
1. When the City Engineer and/or his/her designee(s) detennines that the holder of a
pennit issued pursuant to this Chapter has failed to follow practices set forth in the stonnwater
management plan, or has failed to comply with schedules set forth in said stonnwater
management plan, the City Engineer or a party designated by the City Engineer may enter upon
the land and perfonn the work or other operations necessary to bring the condition of said lands
into confonnance with requirements ofthe approved plan. The City Engineer and/or his/her
designee(s) shall keep a detailed accounting of the costs and expenses ofperfonning this work.
These costs and expenses shall be deducted from any financial guarantee posted pursuant to this
Chapter. Where such a security has not been established, or where such a security is insufficient
to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge
against the property and collected with any other taxes levied thereon for the year in which the
work is completed.
2. Post-construction stonnwater management facilities constructed prior to the
establishment of this Chapter are regulated by the City of Janesville Zoning Ordinance. This
includes stonnwater management facilities included in approved site plans and conditional use
pennits.
B. ENFORCEMENT. Any land disturbing construction activity or post-construction runoff
initiated after the effective date of this Chapter by any person, finn, association, or corporation
subject to the provisions of this Chapter shall be deemed a violation unless conducted in
accordance with the requirements of this Chapter.
1. The City Engineer and/or his/her designee(s) 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.
2. Upon receipt of written notification from the City Engineer and/or his/her
designee(s) under this Chapter, the responsible party shall correct work that does not comply
with the stonnwater management plan or other provisions of this pennit. The responsible party
shall make corrections as necessary to meet the specifications and schedule set forth by the City
Engineer and/or his/her designee(s) in the notice.
3. If the violations to a pennit issued pursuant to this Chapter are likely to result in
damage to properties, public facilities, or waters ofthe state, the City Engineer and/or hislher
designee(s) may enter the land and take emergency actions necessary to prevent such damage.
The costs incurred by the City Engineer and/or hislher designee(s) plus interest and legal costs
shall be billed to the responsible party.
4. The City Engineer and/or his/her designee(s) is authorized to post a stop-work
order on all land disturbing construction activity that is in violation of this Chapter, or to request
the City Attorney, to obtain a cease and desist order in any court with jurisdiction.
5. The City Engineer and/or his/her designee(s) may revoke a pennit issued under
this Chapter for non-compliance with provisions of this Chapter.
6. Any pennit revocation, stop-work order, or cease and desist order shall remain in
effect unless retracted by the City Engineer, the Janesville Plan Commission or by a court with
jurisdiction.
7. The City Engineer and/or hislher designee(s) is authorized to refer any violation
ofthis Chapter, or of a stop-work order or cease and desist order issued pursuant to this Chapter,
to the City Attorney for the commencement of further legal proceedings in any court with
jurisdiction.
C. PENALTIES.
1. Any person violating any of the provisions of this Chapter shall be subj ect to the
relief, enforcement and penalties set forth in Chapter 15.80 of the Code of General Ordinances of
the City of Janesville, as from time to time amended, revised, or renumbered. Each day a
violation exists shall constitute a separate offense. Also incorporated herein as if fully set forth
verbatim are the provisions set forth in Wis. Stat. § 62.23(8) (2001-2002), as from time to time
amended, revised or renumbered.
2. Compliance with the provisions ofthis Chapter 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.
5.06.130
Appeals.
A. The City Plan Commission shall serve as the board of appeals. The Plan Commission:
1. Shall hear and decide appeals where it is alleged that there is error in any order,
decision or detennination made by the City Engineer and/or hislher designee(s) in administering
this Chapter except for cease and desist orders.
2. Upon appeal, may authorize variances from the provisions of this Chapter which
are not contrary to the public interest and where owing to special conditions a literal enforcement
of the provisions of the Chapter will result in unnecessary hardship; and
3. Shall use the rules, procedures, duties and powers authorized by statute in hearing
and deciding appeals and authorizing variances.
B. WHO MAY APPEAL. Appeals to the Plan Commission may be taken by any aggrieved
person or by any office, department, board, or bureau ofthe City of Janesville affected by any
decision of the City Engineer and/or his/her designee(s).
5.06.140 Severability. If a court of competent jurisdiction finds any section, clause,
provision or portion ofthis Chapter unconstitutional or invalid, the remainder of the Chapter
shall remain in force and effect, and shall not be affected by such judgment."
ADOPTED: September 27, 2004
APPROVED:
~r~-,
-steven E. Sheiffer, City anager
ATTEST:
APirrt1JfORM
µ~rneY --
Proposed by: City Engineer
Prepared by: City Attorney and City Engineer
Motion by: DeGarmo
Second by: Addie
Councilmember Aye Nay Pass Absent
Wellnitz, Tim X
Brien X
Williams X
Wellnitz, Tom X
Steeber X
DeGarmo X
Addie X