The Common Council finds that uncontrolled stormwater runoff
from land development and land redevelopment activity 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 stormwater runoff can:
A. Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B. Diminish the capacity of lakes and streams to support fish, aquatic
life, and recreational and water supply uses by increasing loadings
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C. Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D. Reduce the quality of groundwater by increasing pollutant loading.
E. Threaten public health, safety, property, and general welfare by
overtaxing storm sewers, drainageways, and other minor drainage facilities.
F. Threaten public health, safety, property, and general welfare by
increasing major flood peaks and volumes.
G. Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
As used in this chapter, the following terms shall have the
meanings indicated:
ADEQUATE SOD OR SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. "Self-sustaining vegetative cover" includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
AGRICULTURAL ACTIVITY
Planting, growing, cultivating and harvesting of crops for
human or livestock consumption and pasturing or yarding of livestock,
including sod farms and tree nurseries, but does not include the construction
of buildings or facilities used for agriculture.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
BEST MANAGEMENT PRACTICE (BMP)
A practice, technique or measure which is determined to be an effective means of preventing or reducing runoff pollutants to waters of the state, to a level compatible with the performance standards in §
270-7 of this chapter.
BUSINESS DAY
A day the City Engineer's office is normally open for
business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land development and land redevelopment
activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
An area where multiple separate and distinct land development
activities may be taking place at different times on different schedules
but under one plan.
CONNECTED IMPERVIOUSNESS
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
CONSTRUCTION SITE
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 where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan. A long-range planning document
that describes separate construction projects, such as a twenty-year
transportation improvement plan, is not a common plan of development.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
EFFECTIVE INFILTRATION AREA
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.
EROSION
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
EXTRATERRATORIAL
The unincorporated area within three 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.
FEE IN LIEU
A monetary payment to the City of Burlington in place of
meeting all or part of the stormwater performance standards required
by this chapter.
FILTERING LAYER
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
FINAL STABILIZATION
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
that employ equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the City of Burlington
by the permit holder to assure requirements of this chapter are carried
out in compliance with the stormwater management plan.
IMPERVIOUS SURFACE
A land cover that releases as runoff all or a large portion
of the precipitation that falls on it. Rooftops, sidewalks, driveways,
parking lots and streets are examples of surfaces that typically are
impervious.
INFILTRATION
The process by which rainfall or surface runoff passes into
or through the underlying soil.
INFILTRATION SYSTEM
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 roadside channels designed for conveyance
and pollutant removal only.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
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.
LANDOWNER
Any person holding fee title, an easement or other interest
in property, which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
MAINTENANCE AGREEMENT
A legal document that is filed with the County Register of
Deeds as a property deed restriction and which provides for long-term
maintenance of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with §
270-5.1 of this chapter.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
NRCS MSE3 or MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
OFF SITE
Located outside the property boundary described in the permit
application for the land development or land redevelopment activity.
ON SITE
Located within the property boundary described in the permit
application for the land development or land redevelopment activity.
PERFORMANCE STANDARD
A measurable number or measurable narrative for a pollution
source that specifies the minimum acceptable outcome for a facility
or practice.
PERMIT
A written authorization made by the City of Burlington to
the applicant to conduct land development or land redevelopment activities.
PERMIT ADMINISTRATION FEE
A sum of money paid to the City of Burlington by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
PERVIOUS SURFACE
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Lawns, fields and woodlands are examples
of pervious surfaces.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land development or land redevelopment activity,
assuming that all land uses prior to development activity are managed
in an environmentally sound manner.
PRETREATMENT
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
PROTECTIVE AREA
An area of land that commences at the top of the channel
of lakes, 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.
REDEVELOPMENT
Areas where development is replacing older development.
SEPARATE STORM SEWER
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:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
D.
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
SITE
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the City of Burlington which requires
that all construction activity on the site be stopped.
STORM SEWER SYSTEM
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which is designed for collecting
water or conveying stormwater.
STORMWATER MANAGEMENT PLAN
A document that identifies what actions will be taken to
reduce stormwater quantity and pollutant loads from land development
and land redevelopment activity to levels that meet the purpose and
intent of this chapter.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan developed to address stormwater drainage
and nonpoint source pollution control problems on a watershed or subwatershed
basis and which meets the purpose and intent of this chapter.
STORMWATER RUNOFF
That portion of the precipitation falling during a rainfall
event or that portion of melting snow that runs off the surface of
the land and into the natural or artificial conveyance or drainage
network.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
An edge, or point on the landscape landward from the ordinary
highwater 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.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
TP-40
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
TR-55
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, which is incorporated by reference for this chapter.
TRANSPORTATION FACILITY
A highway, a railroad, 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 § 85.095(1)(b),
Wis. Stats. "Transportation facility" does not include building sites
for the construction of public buildings and buildings that are places
of employment that are regulated by the Department pursuant to § 281.33,
Wis. Stats.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149," published in 1973.
WATERS OF THE STATE
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within Wisconsin or its jurisdiction.
Unless prior authorization is given by the City Engineer, the
following methods shall be used in designing the water quality, peak
discharge, and infiltration components of stormwater practices needed
to meet the water quality standards of this chapter:
A. Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Ch. NR 151, Wis. Adm. Code.
B. 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.
C. Maintenance of effort. For redevelopment sites where the redevelopment
will be replacing older development that was subject to post-construction
performance standards of Ch. NR 151, Wis. Adm. Code, in effect on
or after October 1, 2004, the responsible party shall meet the total
suspended solids reduction, peak flow control, infiltration, and protective
areas standards applicable to the older development or meet the redevelopment
standards of this chapter, whichever is more stringent.
D. A written stormwater management plan in accordance with §
270-9 shall be developed and implemented for each post-construction site.
The fees referred to in other sections of this chapter shall
be established by the Common Council and may from time to time be
modified. A schedule of the fees established by the Common Council
shall be available for review in City Clerk's office.