A.
This chapter is adopted by Green Lake County under
the authority granted by § 59.693, Wis. Stats. This chapter
supersedes all conflicting and contradictory stormwater management
regulations previously enacted under § 59.69, Wis. Stats.
Except as specifically provided for in § 59.693, Wis. Stats.,
§ 59.69, Wis. Stats., applies to this chapter and to any
amendments to this chapter.
B.
Under the authority of § 92.07(15), Wis.
Stats., the Green Lake County Board of Supervisors hereby designates
the Green Lake County Land Conservation Department to administer and
enforce the provisions of this chapter.
C.
The provisions of this chapter are deemed not to limit
any other lawful regulatory powers of the same governing body.
D.
The requirements of this chapter do not preempt more
stringent stormwater management requirements that may be imposed by
WPDES stormwater permits issued by the Department of Natural Resources.
Green Lake County finds that uncontrolled stormwater
runoff from land development 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 streambed scour, diminishing groundwater
recharge, and diminishing stream base flows;
B.
Diminish the capability of lakes and streams to support
fish, aquatic life and recreational and water supply uses by increasing
loadings of nutrients 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; and
G.
Undermine floodplain management efforts by increasing
the incidence and levels of flooding.
A.
Purpose. The purpose of this chapter is to set forth
stormwater requirements and criteria which will prevent and control
water pollution and diminish the threats to public health, safety,
welfare, and aquatic life due to runoff of stormwater from development
or redevelopment.
B.
Intent. Green Lake County 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 chapter. Accordingly, the standards for on-site stormwater management measures set forth in § 284-8A and B do not apply in areas where such plans have been prepared and/or approved by Green Lake County. In those areas for which approved stormwater management plans have been prepared, all land development activities will include stormwater management measures set forth in those approved stormwater management plans. It is the general intent of Green Lake County to achieve its purpose through:
(1)
Managing long-term construction site erosion and post-construction
stormwater discharges from land development activities.
(2)
Providing two options for developing stormwater management
requirements, including:
(a)
Application of generic requirements in this
chapter on a site-by-site basis in areas for which no approved stormwater
management plan exists; and
(b)
Implementation of management practices set forth
in detailed stormwater management plans in areas which are covered
by an approved stormwater management plan.
As used in this chapter, the following terms
shall have the meanings indicated:
The governmental employee or agency designated by Green Lake
County to administer this chapter.
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A day on which the offices of the Green Lake County Courthouse
are routinely and customarily open for business.
A court-issued order to halt land developing activity that
is being conducted without the required permit.
Use of land for the retail or wholesale of goods or services.
All lands included within the boundary of a certified survey
or subdivision plan created for the purpose of development or sale
of property where multiple separate and distinct land developing activities
may take place at different times and on different schedules.
A control measure used to meet the requirements of § 284-8B.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this chapter submitted by the applicant for review
and approval by Green Lake County.
A discrete rainstorm characterized by a specific duration,
rainfall intensity, return frequency, and total depth of rainfall.
The quantity or runoff discharged from the land surface as
the result of a rainfall event.
The creation of four or fewer parcels or building sites of
one acre each or less in area from one parcel where such creation
occurs at one time or through successive partitions within a five-year
period.[1]
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
A payment of money to Green Lake County in place of meeting
all or part of the stormwater performance standards required by this
chapter.
The total area, in acres, of all land located within the
property boundary containing the land development activity.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.07, Wis. Stats.,
and Sec. NR 140.10, Wis. Adm. Code, or § 160.09, Wis. Stats.,
and Sec. NR 140.12, Wis. Adm. Code.
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.15, Wis. Stats.,
and Sec. NR 140.10, 140.12 or 140.20, Wis. Adm. Code.
A surface that releases the rainfall as surface runoff during
a large portion of the design rainfall event. Rooftops, sidewalks,
parking lots, and street surfaces are examples of impervious surfaces.
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
An agreement with a bank or other institution to pay money
or extend credit to honor the term of the permit with the County.
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface, or the construction
of buildings, roads, parking lots, paved storage areas, and similar
facilities, excluding agricultural land use.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling, and grading, but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops, growing and tending of gardens, harvesting of
trees, and landscaping modifications.
Any person holding title to or having an interest in the
land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
A town, county, village, or city.
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.
A bond which guarantees that the permit holder will perform
needed maintenance outlined in the permit. The bond protects the County
against loss due to the inability or refusal of the permit holder
to perform to the conditions of the permit.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions, according to the
most current Wisconsin Wetland Inventory Maps. These wetlands include
existing, mitigation, and restored wetlands as indicated on the most
recent Wisconsin Wetland Inventory Maps.
A discharge to the storm sewer system created by some process
other than the runoff of rain.
A practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants in stormwater that does not require the design
or installation of fixed stormwater management facilities.
Located outside the property boundary described in the permit
application for land development activity.
Located within the property boundary described in the permit
application for the land development activity.
Development of the following land uses: commercial, industrial,
government and institutional, recreation, transportation, communication,
and utilities.
The maximum rate at which a unit volume of stormwater is
discharged.
A bond which guarantees that the permit holder will perform
to the terms of the agreement. The bond protects the County against
loss due to the inability or refusal of the permit holder to perform
to the conditions of the permit.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Land Conservation
Department by the permit holder to assure that requirements of this
chapter are carried out in compliance with the stormwater management
plan.
A written authorization made by the Land Conservation Department
to the applicant to conduct land development activities.
A sum of money paid to the Land Conservation Department by
the permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Well-managed lawns, fields and woodlands
are examples of pervious surfaces.
Any stormwater discharged from a site following the completion
of land disturbing construction activity and final site stabilization.
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
rainfall runoff and infiltration.
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to development activity are managed in an environmentally
sound manner.
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.
That which is created to house people, including the residential
dwellings as well as all attendant portions of the development, including
lawns, driveways, sidewalks, garages, and access streets. This type
of development includes single-family, multifamily, apartment, and
trailer parks.
The rainfall, snow melt, or irrigation water flowing over
the ground surface.
The following rain intensities and rain volumes of corresponding
values specific to the community for the storm durations of 0.5, one,
two, three, six, 12 and 24 hours that occur approximately once per
year:
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1
|
1.1
|
1.1
|
|
2
|
0.7
|
1.3
|
|
3
|
0.5
|
1.5
|
|
6
|
0.3
|
1.7
|
|
12
|
0.2
|
2.0
|
|
24
|
0.1
|
2.3
|
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
Any physical characteristic which limits the use of a stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual.
An order issued by the Land Conservation Department which
requires that all construction activity on the site be stopped.
A document that identifies what actions will be taken to reduce stormwater quantity and pollutant loads from post-land-development activity to levels meeting the performance standards of § 284-13 of this chapter.
That portion of the precipitation falling during a rainfall
event that runs off the surface of the land and into the natural or
artificial conveyance or drainage network.
Source area practices, conveyance measures, and end-of-pipe
treatment that are designed to control stormwater runoff pollutant
loads, discharge volumes, and peak flow discharge rates.
A guaranty provide by a bonding company to pay the County
for loss due to the inability or refusal of the permit holder to perform
to the conditions of the permit.
The type, quality, and significance of the ecological and
cultural benefits provided by wetland resources, such as flood storage,
water quality protection, groundwater recharge and discharge, shoreline
protection, fish and wildlife habitat, floral diversity, aesthetics,
recreation, and education.
A permit issued by the Wisconsin Department of Natural Resources
that authorizes the point source discharge of stormwater to waters
of the state.
