Village of Mazomanie, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie 11-11-2008 by Ord. No. 2008-20.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 172.
Floodplain zoning — See Ch. 400.
Subdivision of land — See Ch. 410.
Zoning — See Ch. 415.
[1]
Editor's Note: This ordinance also repealed former Ch. 215, Erosion Control and Stormwater Management, adopted 12-27-1988 as Title 10, Ch. 10, of the 1988 Code, as amended.

§ 215-1 Authority.

This chapter is adopted by the Village under the authority of § 61.354, Wis. Stats.

§ 215-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AFFECTED
A regulated activity has significantly:
A. 
Caused negative impacts on water quality or the use or maintenance of land or business; or
B. 
Endangered health, safety, or general welfare.
AGRICULTURAL
Related to or used for the production of food and fiber, including, but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry productions and wild crop harvesting and includes lands used for on-site buildings and other structures necessary to carry out such activities.
AVERAGE ANNUAL RAINFALL
Measured precipitation in Madison, Wisconsin between March 12 and December 2, 1981.
BANK EROSION
The removal of soil or rock fragments along the banks or bed of a stream channel resulting from high flow after rain events.
BEST MANAGEMENT PRACTICE
A practice, technique, or measure that is an effective, practical means of preventing or reducing soil erosion or water pollution, or both, from runoff both during and after land development activities. These can include structural, vegetative or operational practices.
COLD WATER COMMUNITY
Surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for coldwater fish species [§ NR 102.04(3)(a), Wis. Adm. Code].
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
CONSTRUCTION SITE EROSION CONTROL
Preventing or reducing soil erosion and sedimentation from land-disturbing activity.
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 (SOIL EROSION)
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.
EXISTING DEVELOPMENT
Buildings and other structures and impervious area existing prior to August 22, 2001.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.
FINANCIAL SECURITY INSTRUMENT
An irrevocable letter of credit or similar guarantees submitted to the Village to assure that requirements of this chapter are carried out in compliance with the stormwater management plan.
GULLY EROSION
A severe loss of soil caused by or resulting in concentrated flow of sufficient velocity to create a defined flow channel.
HEAVILY DISTURBED SITE
A site where an area of land is subjected to significant compaction due to the removal of vegetative cover or earthmoving activities, including filling.
HYDROLOGIC SOIL GROUP (HSG)
Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
IMPERVIOUS SURFACE
Any land cover that prevents rain or melting snow from soaking into the ground, such as roofs (including overhangs), roads, sidewalks, patios, driveways and parking lots. For purposes of this chapter, all road, driveway or parking surfaces, including gravel surfaces, shall be considered impervious, unless specifically designed to encourage infiltration and approved by the local approval authority.
INFILTRATION
Refers to any precipitation that does not leave the site as surface runoff.
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.
KARST FEATURE
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 ACTIVITIES
Any land alterations or disturbances that may result in soil erosion, sedimentation, or change in runoff, including but not limited to removal of ground cover, grading, excavating, and filling of land.
LIGHTLY DISTURBED SITE
A site where an area of land is subjected to minor compaction due to the limited removal of vegetative cover or earthmoving activities.
LOCAL APPROVAL AUTHORITY
The Village staff, agency or contracted entity charged by the Village Board of Trustees with responsibility for enforcing stormwater and erosion control ordinances.
LOCAL LAND DIVISION ORDINANCE
Chapter 410, Subdivision of Land, of the Village Code of Ordinances.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing best management practices in order to achieve a performance 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 performance standards and may vary based on the performance standard and site conditions.
NEW DEVELOPMENT
Any of the following activities:
A. 
Structural development, including construction of a new building or other structures;
B. 
Expansion or alteration of an existing structure that results in an increase in the surface dimensions of the building or structure;
C. 
Land-disturbing activities; or
D. 
Creation or expansion of impervious surface.
NONEROSIVE VELOCITY
A rate of flow of stormwater runoff, usually measured in feet per second, which does not erode soils. Nonerosive velocities vary for individual sites, taking into account topography, soil type, and runoff rates.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from the predetermined storm or flood.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak into the ground.
PLAN
An erosion control plan required by § 215-5 of this chapter or a stormwater management plan required by § 215-6 of this chapter.
PLAN REVIEW AGENCY
The Village staff, agency or qualified contracted entity charged by the Village Board of Trustees with responsibility for reviewing stormwater and erosion control plans under the Village stormwater and erosion control ordinance. Unless amended, this shall be the building inspection department for the Village.
PLAT REVIEW OFFICER
The Village staff, agency or contracted entity charged by the Village Board of Trustees with responsibility for reviewing land divisions, certified survey maps or subdivision plats, or any combination thereof, under Chapter 236 of the Wisconsin Statutes and the local land division ordinance.
POST-DEVELOPMENT
Refers to the extent and distribution of land cover types anticipated to occur under conditions of full development of the submitted plan. This term is used to match pre- and post-development stormwater peak flows as required by this chapter.
PRE-DEVELOPMENT
Refers to the extent and distribution of land cover types present before the initiation of the proposed land development activity, assuming that all land uses prior to land-disturbing activity are in "good" condition as described in the Natural Resources Conservation Service Technical Release 55, "Urban Hydrology for Small Watersheds" (commonly known as "TR-55"). This term is used to match pre- and post-development stormwater peak flows as required by this chapter. In a situation where cumulative impervious surface created after August 21, 2001, exceeds the twenty-thousand-square-foot threshold, the pre-development conditions shall be those prior to the proposed land disturbance.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 215-6A.
RUNOFF CURVE NUMBER (RCN)
Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
SEDIMENT
Solid earth material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface at a different site.
SEDIMENTATION
The deposition of eroded soils at a site different from the one where the erosion occurred.
SHEET AND RILL EROSION
A loss of soil caused by sheet flow or shallow concentrated flow, and characterized by an absence of channeling or a relatively uniform loss across the exposed upper layer of the soil or shallow irregular scouring of the soil surface.
SITE
The bounded area described in an erosion control plan or stormwater management plan.
SLOPE
The net vertical rise over horizontal run, expressed as a percentage, which represents a relatively homogeneous surface incline or decline over the area disturbed.
SOIL LOSS RATE
The rate, usually measured in tons per acre per year, at which soil is transported beyond the perimeter of a given control site and which occurs as a result of sheet and rill erosion. This term does not apply to soil movement resulting from concentrated flow such as gully or bank erosion.
STORM EVENTS
The precipitation amounts that occur over a twenty-four-hour period that have a specified recurrence interval for Dane County, Wisconsin. For example, one-year, two-year, ten-year and one-hundred-year storm events mean the precipitation amounts that occur over a twenty-four-hour period that have a recurrence interval of one, two, 10 and 100 years, respectively.
STORMWATER
The flow of water which results from, and which occurs during and immediately following, a rainfall, snow- or ice-melt event.
STORMWATER MANAGEMENT
Any measures taken to permanently reduce or minimize the negative impacts of stormwater runoff quantity and quality after land development activities.
STORMWATER RUNOFF
The waters derived from rains falling or snowmelt or ice melts occurring within a drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits.
STREET RECONSTRUCTION
Removal and replacement of the road subgrade, where existing stormwater conveyance systems are modified.
STRUCTURE
Any human-made object with form, shape and utility, either permanently or temporarily attached to, placed upon, or set into the ground, streambed or lakebed.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with regulations unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
VILLAGE
The Village of Mazomanie.

§ 215-3 Legislative findings.

A. 
The Village Board of Trustees finds that construction site erosion and uncontrolled stormwater runoff from land-disturbing and land development activities have significant adverse impacts upon regional water resources and the health, safety, property and general welfare of the community, and diminish the public enjoyment and use of natural resources. Specifically, soil erosion and stormwater runoff can:
(1) 
Carry sediment, nutrients, pathogens, organic matter, heavy metals, toxins and other pollutants to regional lakes, streams and wetlands;
(2) 
Diminish the capacity of water resources to support recreational and water supply uses and a natural diversity of plant and animal life;
(3) 
Clog existing drainage systems, increasing maintenance problems and costs;
(4) 
Cause bank and channel erosion;
(5) 
Increase downstream flooding;
(6) 
Reduce groundwater recharge, which may diminish stream base flows and lower water levels in regional lakes, ponds and wetlands;
(7) 
Contaminate drinking water supplies;
(8) 
Increase risk of property damage and personal injury; and
(9) 
Cause damage to agricultural fields and crops.
B. 
The Village Board of Trustees also finds that effective sediment and stormwater management depends on proper planning, design, and timely installation of conservation and management practices and their continuing maintenance.

§ 215-4 Purpose and intent.

A. 
The purpose of this chapter is to set forth the minimum requirements for construction site erosion control and stormwater management that will diminish threats to public health, safety, public and private property and natural resources of the Village.
B. 
This chapter is intended to regulate construction site erosion and stormwater runoff, to accomplish the following objectives:
(1) 
Promote regional stormwater management by watershed;
(2) 
Minimize sedimentation, water pollution from nutrients, heavy metals, chemical and petroleum products and other contaminants, flooding and thermal impacts to the water resources of the Village;
(3) 
Promote infiltration and groundwater recharge;
(4) 
Protect functional values of natural watercourses and wetlands;
(5) 
Provide a set of performance standards that are consistent with the standards set forth by Dane County;
(6) 
Achieve an eighty-percent reduction in sediment load rates to Dane County waters compared to no controls for all new development, a forty-percent reduction in sediment load rates compared to no controls for all redevelopment and street reconstruction, and a twenty-percent reduction in sediment load rates compared to no controls for existing developments;
(7) 
Ensure no increase in temperature of stormwater post-construction in order to protect cold water communities;
(8) 
Ensure no increase in the rate of surface water drainage from sites during or after construction; and
(9) 
Protect public and private property from damage resulting from runoff or erosion.

§ 215-5 Applicability of requirement for erosion control permits.

Unless expressly exempted by § 215-7 of this chapter, an erosion control permit under § 215-9 of this chapter shall be required, and all construction site erosion control provisions of this chapter shall apply to any of the following activities in the Village:
A. 
Land-disturbing activity in excess of 4,000 square feet;
B. 
Land-disturbing activity on a slope of greater than 12%;
C. 
Land-disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material;
D. 
Land-disturbing activity that disturbs more than 100 lineal feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel; including the placement, repair or removal of any underground pipe, utility or other facility within the cross-section of the channel;
E. 
Any new public or private roads or access drives longer than 125 feet;
F. 
Development that requires a subdivision plat, as defined in the applicable local land division ordinance(s);
G. 
Land-disturbing activity that disturbs less than 4,000 square feet of land, including the installation of access drives, that the local approval authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream, or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include, but are not limited to, land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the local approval authority shall be in writing, unless waived by the applicant.

§ 215-6 Applicability of requirement for stormwater control permits.

Unless otherwise exempted by § 215-7 of this chapter, a stormwater control permit under § 215-9 of this chapter shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village:
A. 
Any development(s) after August 22, 2001, that results in the cumulative addition of 20,000 square feet of impervious surface to the site;
B. 
Agricultural development that creates new impervious surface area exceeding 20,000 square feet on the site;
C. 
Any development that requires a subdivision plat, as defined in applicable the local land division ordinance(s);
D. 
Any development that requires a certified survey map, as defined in the applicable local land division ordinance(s), for property intended for commercial or industrial use;
E. 
Redevelopment, as defined in § 215-2;
F. 
Other land development activities, including but not limited to redevelopment or alteration of existing buildings and other structures, that the Village Board of Trustees or its designee determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact a lake, stream, or wetland area. All such determinations shall be made in writing unless waived by the applicant.

§ 215-7 Exemptions and clarifications.

A. 
The following activities are exempt from all requirements of this chapter:
(1) 
Any activity directly related to the planting, growing and harvesting of agricultural crops except as set forth in § 215-6B.
B. 
The following activities are exempt from the construction site erosion control provisions of § 215-5 of this chapter:
(1) 
One- and two-family dwelling units regulated under the Wisconsin Uniform Dwelling Code. Land-disturbing activities in excess of one acre, or not associated with the construction of a dwelling, are not exempt from this chapter.
(2) 
Projects specifically exempted from local erosion control ordinances under state or federal statute. It is the responsibility of the landowner to demonstrate such exemption with documentation acceptable to the Village.
(3) 
Projects subject to an approved shoreland erosion control permit.
(4) 
Agricultural development not subject to § 215-6B.
(5) 
Village road or county highway projects not exempted under Subsection B(2) are exempt from § 215-11B(3) where all of the following conditions are met:
(a) 
The purpose of the project is only to meet current state or federal design or safety guidelines;
(b) 
All activity takes place within an existing public right-of-way;
(c) 
All other requirements of § 215-11 are met; and
(d) 
The project does not include the addition of new driving lanes.
C. 
The following activities are exempt from the infiltration standards described in § 215-11B(5):
(1) 
Redevelopment sites.
(2) 
New development sites with less than 10% connected imperviousness based on complete development of the post-construction site, provided the cumulative area of all impervious surface is less than one acre.
(3) 
Agricultural facilities and practices.
(4) 
Areas where the infiltration rate of the soil is less than 0.6 inch/hour measured at the bottom of the proposed infiltration system where the soil layer is not easily removed or manipulated.
(5) 
Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
(6) 
Roads in commercial, industrial and institutional land uses, and arterial roads.

§ 215-8 Preliminary review letter.

A preliminary review letter provides a potential permit applicant with an initial simple evaluation of whether erosion and stormwater control standards can be met for a proposed site, lot layout or construction design. This review is intended to assist applicants in preparing general site plans and other submittals necessary to obtain an erosion control and stormwater permit. A preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.

§ 215-9 Erosion and stormwater control permits and administration.

A. 
No activity meeting the criteria described in § 215-5 or 215-6 of this chapter shall occur and no zoning permit may be issued until an erosion control and stormwater control permit is issued by the designee of the Village Board of Trustees.
B. 
The applicant must provide the following when requesting a permit:
(1) 
Completed application form.
(a) 
The application must be signed by the landowner or include a notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent and bind the landowner to the terms of this chapter;
(b) 
If a landowner appoints an agent to submit an application pursuant to Subsection B(1)(a) of this section, the landowner shall be bound by all of the requirements of this chapter and the terms of any permit issued to the agent;
(2) 
Fees as required by § 215-15 of this chapter;
(3) 
Copy of preliminary review letter, as described in § 215-8, if applicable;
(4) 
If required by § 215-5, an erosion control plan meeting all the standards of § 215-10, or a simplified checklist as described in § 215-10;
(5) 
If required by § 215-6, a stormwater management plan meeting all of the standards of § 215-11 and a draft maintenance agreement as described in that section;
(6) 
Copies of permits or permit applications or approvals required by any other governmental entity;
(7) 
A proposed time table and schedule for completion and installation of all elements of approved erosion control and stormwater management plans and a detailed schedule for completion of construction;
(8) 
An estimate of the cost of completion and installation of all elements of the approved erosion control and stormwater management plans;
(9) 
Evidence of financial responsibility to complete the work proposed in the plan. The Village may require a financial security instrument sufficient to guarantee completion of the project.
(a) 
Estimate. The applicant shall provide to the Village an estimate, in writing, of the costs of all required improvements to be designed, constructed and installed under this chapter. The written estimate shall include an amount for the administrative, engineering, inspection, consulting, and legal fees or expenses related to these improvements, and shall be subject to the approval and modification of the Village Board. Subject to next provision below, the estimate is intended only to provide a basis for determining the appropriate security amount and is not intended to in any way limit the liability of the applicant to pay for all costs related to the improvements whether or not the costs exceed the estimate;
(b) 
Financial security instrument. Within 30 days of the Village Board of Trustee's approval of the estimate and prior to the commencement of any work, the applicant shall furnish evidence of a financial security instrument to the Village Clerk in a form and with terms acceptable to the Village Attorney and the Village Board. The financial security instrument shall secure an amount equal to 110% of total estimated costs for the required improvements and shall be for the purpose of ensuring that all required improvements proposed by the applicant are satisfactorily completed and all Village costs are paid by the applicant. If the financial security instrument is a letter of credit, it shall be payable to the Village and shall bear an expiration date no earlier than two years after the effective date of the letter of credit, unless earlier released by written agreement of the Village Board.
(c) 
Payment under financial security instrument. Upon an applicant's failure to timely correct defects or failure to timely perform, the Village shall have the right to cure such defects or improvements. The Village shall be entitled to draw against the financial security instrument as allowed by its terms as needed for payment of such costs. The amount received under the financial security instrument shall be used by the Village only for the purposes specified in this chapter. The Village may use the money to pay private contractors directly for reasonable materials, labor or services rendered under contract with or on behalf of the Village. The instrument may be used to reimburse the Village for payments made by the Village to private contractors and/or to reimburse the Village for the reasonable value of any materials, labor or services the Village supplies or provides in connection with the project. The instrument may also be used by the Village to pay or reimburse the Village for all engineering, inspection, consulting, legal fees and administrative costs incurred, or services performed by or on behalf of the Village in connection with such project. When making payments to contractors, the Village shall obtain or provide lien waivers or affidavits as it deems appropriate.
(d) 
Reduction of Financial Security Instrument. As work progresses on the installation of improvements, the Village Engineer, or his or her designee, upon written request from the applicant from time to time, is authorized to recommend a reduction in the amount of security as hereinafter provided. Any reduced amount shall be adequate to cover all remaining costs plus 10%;
(e) 
Accounting. In the event that the Village exercises its right to draw upon the financial security instrument, the Village shall provide to the applicant from time to time, but no less often than once every 30 days, a written report of the status of the payments made under the financial security instrument. The applicant may inspect the Village construction and payment records upon request. However, the Village exclusively retains the right to determine, among other things, questions of design, specifications, construction cost, performance, contract compliance and payment in connection with this work. The applicant agrees that in the absence of fraud on the part of the Village, the Village's decisions on design, specifications, construction cost, performance, contract compliance or payment questions shall control and shall be final.
C. 
Approval process.
(1) 
The designee of the Village Board of Trustees shall verify that the permit application is complete under Subsection B. The designee of the Village Board of Trustees shall then forward the plan(s) to the plan review agency for review and approval. Plan review staff shall review the plan(s) for compliance with the standards identified in §§ 215-10 and 215-11.
(2) 
Within the time frame set by the designee of the Village Board of Trustees, plan review staff shall either approve the submitted plan or notify the designee of the Village Board of Trustees of any deficiencies. Staff engaged in this review and approval process shall be certified where appropriate by the Wisconsin Department of Commerce for this purpose.
(3) 
The designee of the Village Board of Trustees shall notify the applicant in writing of any deficiency in the proposed plan, and the applicant shall be given an opportunity to correct any deficiency.
(4) 
Where installed stormwater practices will be privately owned, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit issued under this chapter and applicable plan, time tables and potential liability imposed for failure to bring the property into compliance with this chapter, after notification, shall be recorded with the Dane County Register of Deeds, whichever is applicable, prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
(5) 
Upon approval by the plan review agency, the erosion control or stormwater management permit shall be issued by the designee of the Village Board of Trustees, after the applicant has met all other requirements of this chapter.
D. 
Permit conditions.
(1) 
The plan shall be implemented prior to the start of any land-disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.
(2) 
The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with an approved plan.
(3) 
Application for a permit shall constitute express permission by the permittee and landowner for the designee of the Village Board of Trustees to enter the property for purposes of inspection under Subsection E of this section or curative action under this chapter. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(4) 
All incidental mud-tracking off-site onto adjacent public thoroughfares shall be manually or mechanically (not hydraulically) cleaned up and removed by the end of each working day using proper disposal methods.
(5) 
A copy of the approved permit and erosion control plan shall be kept on the project site, in a place readily accessible to contractors, engineers, Village inspection staff and other authorized personnel.
E. 
Inspections.
(1) 
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village's designee to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection E(4) and (5) of this section, as necessary to confirm compliance with the requirements of this chapter.
(2) 
As part of the plan approval process, the plan review agency shall determine the minimum number of inspections required to assure compliance. The site of any regulated land-disturbing activity shall be inspected by the Village's inspector once every 30 days, or more frequently as determined by the plan review agency, during the construction phase.
(3) 
Within 10 days after installation of all practices in an approved erosion control plan and achievement of soil stabilization, the permittee shall notify the zoning/building inspection department for the Village or other designee of the Village Board of Trustees.
(4) 
The zoning/building inspection department for the Village or other designee of the Village Board of Trustees shall inspect the property to verify compliance with the erosion control plan within 10 days of notification of soil stabilization.
(5) 
Within 10 days after installation of all practices in an approved stormwater management plan, the permittee shall notify the zoning/building inspection department for the Village or other designee of the Village Board of Trustees and submit drawings documenting construction. The person who designed the stormwater management plan for the permittee shall submit as-built certification to ensure that constructed stormwater management practices and conveyance systems comply with the specifications included in the approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the zoning/building inspection department for the Village or other designee of the Village Board of Trustees.
(6) 
The zoning/building inspection department for the Village or other designee of the Village Board of Trustees shall inspect the property to verify compliance within 10 days of notification.
(7) 
Maintenance is the responsibility of the owner, and facilities are subject to inspection and orders for repairs.
F. 
Permit transfers.
(1) 
When a permittee and landowner act to transfer an interest in property subject to an approved plan prior to completion of the proposed steps to attain soil stabilization, the permittee must secure approval from the Village's designee.
(2) 
When a permittee and landowner transfer ownership, possession or control of real estate subject to either or both an uncompleted erosion control or stormwater management plan, the successor in interest to any portion of the real estate shall be responsible to control soil erosion and runoff and shall comply with the minimum standards provided in this chapter.
(3) 
When ownership, possession or control of property subject to an uncompleted erosion control or stormwater management plan, or both, is transferred, the former owner (seller) shall notify the new owner (buyer) as to the current status of compliance with notice to the authority, and provide a copy of the erosion control plan or stormwater management plan, or both.
(4) 
Transfers of interest in real estate subject to an approved, uncompleted plan may be conducted consistent with this chapter under any of the following arrangements:
(a) 
The transferee shall file a new, approved erosion control or stormwater management plan, or both, with the authority.
(b) 
The transferee shall obtain an approved assignment from the authority as subpermittee to complete that portion of the approved plan regulating soil erosion and runoff on the transferee's property.
(c) 
The permittee shall provide the Village Clerk with a duly completed and executed continuing surety bond or certified check in an amount sufficient to complete the work proposed in the approved plan; at the time of transfer, the permittee may seek to reduce the surety bond or certified check to the appropriate amount to complete remaining work. If the transferor enters into escrow agreements with transferees to complete an approved plan, these funds shall be available to the authority to attain plan compliance. When an approved erosion control plan and, if required, a stormwater management plan is or are not completed as proposed, the Village Board of Trustees may use the surety bond to complete remaining work to achieve plan compliance.
G. 
Plan or permit amendments. Any proposed modifications to approved plans, construction schedules or alterations to accepted sequencing of land-disturbing site activities shall be approved by the Village's designee in consultation with the Village prior to implementation of the changes. The Village Board of Trustees may establish fees for review of such changes, but may, in all cases charge at least its actual costs for the review.

§ 215-10 Erosion control plan requirements.

A. 
Plan materials. Erosion control plans required under § 215-5 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and, except as specifically exempted below, shall include, at a minimum, the following information:
(1) 
Property lines, lot dimensions, and limits of disturbed area;
(2) 
Limits of impervious area, including buildings; include all public and private roads, interior roads, driveways, parking lots, and indicate type of paving and surfacing material;
(3) 
All natural and artificial water features, including, but not limited to, lakes, ponds, streams (including intermittent streams), and ditches; and areas of natural woodland or prairie. The plan must show ordinary high-water marks of all navigable waters, one-hundred-year flood elevations and delineated wetland boundaries. A certified flood zone determination and/or wetland delineation may be required at the applicant's expense;
(4) 
Cross-sections of and profiles of channels, swales, and road ditches;
(5) 
Culvert sizes;
(6) 
Direction of flow of runoff;
(7) 
Watershed size for each drainage area;
(8) 
Design discharge for ditches and structural measures;
(9) 
Runoff velocities;
(10) 
Fertilizer and seeding rates and recommendations;
(11) 
Time schedules for stabilization of ditches and slopes;
(12) 
Description of methods by which sites are to be developed and a detailed land disturbance schedule, including time schedules for stabilization of ditches and slopes;
(13) 
Provision for sequential steps mitigating the erosive effect of land-disturbing activities to be followed in appropriate order and in a manner consistent with accepted erosion control methodology suitable to proposed sites and amenable to prompt revegetation, including runoff calculations as appropriate;
(14) 
Provisions to prevent mud-tracking off-site onto public thoroughfares during the construction period;
(15) 
Provisions to disconnect impervious surfaces, where feasible;
(16) 
Provisions to prevent sediment delivery to and accumulation in any proposed or existing stormwater conveyance systems;
(17) 
Copies of permits or permit applications required by any other unit of government or agency;
(18) 
Existing or proposed elevations referenced to the North American Vertical Datum (NAVD) of 1988 and existing and proposed contours in the area, where deemed necessary;
(19) 
Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features of the site.
B. 
Simplified plan checklist. Applicants may submit erosion control proposals using simplified checklists of standard erosion control practices, on a standard form approved by the plan review agency, wherever all of the following conditions exist:
(1) 
The site does not exceed 20,000 square feet in area;
(2) 
The slope of the land does not exceed 6%; and
(3) 
Simplified plan checklists shall be reviewed by the plan review agency for completeness and accuracy.
C. 
Erosion control performance standards.
(1) 
Proposed design, suggested location and phased implementation of effective, practicable erosion control measures for plans shall be designed, engineered and implemented to achieve the following results:
(a) 
Prevent gully and bank erosion;
(b) 
Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed 7.5 tons per acre annually; and
(c) 
Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in § 215-11B(3)(b), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(2) 
Plan compliance under Subsection C(1) of this section shall be determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane County Conservationist that considers season of year, site characteristics, soil erodibility and slope.
(3) 
Erosion control measures for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant's site.

§ 215-11 Stormwater management plan requirements.

A. 
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B of this section, and shall address, at a minimum, the following information:
(1) 
A narrative describing the proposed project, including an implementation schedule for planned practices;
(2) 
Identification of the entity responsible for long-term maintenance of the project;
(3) 
A map showing drainage areas for each watershed area;
(4) 
A summary of runoff peak flow rate calculations, by watershed area, including:
(a) 
Preexisting peak flow rates;
(b) 
Post-construction peak flow rates with no detention;
(c) 
Post-construction peak flow rates with detention;
(d) 
Assumed runoff curve numbers (RCNs); and
(e) 
Time of concentration (Tc) used in calculations.
(5) 
A complete site plan and specifications, signed by the person who designed the plan. All plans shall be drawn to an easily legible scale, shall be clearly labeled, and shall include, at a minimum, all of the following information:
(a) 
Property lines and lot dimensions;
(b) 
All buildings and outdoor uses, existing and proposed, including all dimensions and setbacks;
(c) 
All public and private roads, interior roads, driveways and parking lots; show traffic patterns and type of paving and surfacing material;
(d) 
All natural and artificial water features, including, but not limited to, lakes, ponds, streams (including intermittent streams), and ditches. Show ordinary high water marks of all navigable waters, one-hundred-year flood elevations and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense;
(e) 
Depth to bedrock;
(f) 
Depth to seasonal high water table;
(g) 
The extent and location of all soil types as described in the Dane County soil survey, slopes exceeding 12%, and areas of natural woodland or prairie;
(h) 
Existing and proposed elevations referenced to the North American Vertical Datum (NAVD) of 1988 and existing and proposed contours in the area requiring a grading and filling permit;
(i) 
Elevations, sections, profiles, and details as needed to describe all natural and artificial features of the project;
(j) 
Soil erosion control and overland runoff control measures, including runoff calculations as appropriate;
(k) 
Detailed construction schedule;
(l) 
Copies of permits or permit applications required by any other governmental entities or agencies;
(m) 
Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features;
(n) 
Location of all stormwater management practices;
(o) 
All existing and proposed drainage features;
(p) 
The location and area of all proposed impervious surfaces; and
(q) 
The limits and area of the disturbed area.
(6) 
Engineered designs for all structural management practices;
(7) 
A description of methods to control oil and grease or written justification for not providing such control;
(8) 
If required under Subsection B(5)(g) of this section, a description of and plans to control temperature of runoff;
(9) 
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 215-9C(4).
B. 
Stormwater management performance standards. The proposed design, suggested location and phased implementation of effective, practicable stormwater management measures for plans shall be designed, engineered and implemented to achieve the following results:
(1) 
Sediment control.
(a) 
For new development, design practices to retain soil particles greater than five microns on the site (eighty-percent reduction) resulting from a one-year twenty-four-hour storm event (2.5 inches over twenty-four-hour duration), according to approved procedures, and assuming no sediment resuspension.
(b) 
For redevelopment resulting in exposed surface parking lots and associated traffic areas, design practices to retain soil particles greater than 20 microns on the entire site (forty-percent reduction) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension. Under no circumstances shall the site's existing sediment control level or trapping efficiency be reduced as a result of the redevelopment.
(2) 
Oil and grease control. For all stormwater plans for commercial or industrial developments and all other uses where the potential for pollution by oil or grease, or both, exists, the first 0.5 inch of runoff will be treated using the best oil and grease removal technology available. This requirement may be waived by the plan reviewer, only when the applicant can demonstrate that installation of such practices is not necessary.
(3) 
Runoff rate control.
(a) 
Hydrologic calculations. All runoff calculations shall be according to the methodology described in the Natural Resources Conservation Service's Technical Release 55, "Urban Hydrology for Small Watersheds" (commonly known as "TR-55"), or other methodology approved by the Dane County Conservationist. For agricultural land subject to this section, the maximum runoff curve number (RCN) used in such calculations shall be 51 for HSG A, 68 for HSG B, 79 for HSG C and 84 for HSG D. The TR-55-specified curve numbers for other land uses shall be used. Heavily disturbed sites will be lowered one permeability class for hydrologic calculations. Lightly disturbed areas require no modification. Where practices have been implemented to restore soil structure to predeveloped conditions, no permeability class modification is required.
(b) 
Design standards. Except for redevelopment projects, all stormwater facilities shall be designed, installed and maintained to effectively accomplish the following:
[1] 
Maintain pre-development peak runoff rates for the two-year, twenty-four-hour storm event (2.9 inches over 24 hours' duration);
[2] 
Maintain pre-development peak runoff rates for the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours' duration);
[3] 
Maintain predevelopment peak runoff rates for the one-hundred-year, twenty-four-hour storm event (6.0 inches over 24 hours duration).
(4) 
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Subsection B(3)(b) of this section, at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(5) 
Infiltration.
(a) 
Residential development. For residential developments, design practices to infiltrate sufficient runoff volume so that post-development infiltration volume shall be at least 90% of the pre-development infiltration volume, based upon average annual rainfall. If, when designing appropriate infiltration systems, more than 1% of the site is required to be used as effective infiltration area, the applicant may alternately design infiltration systems and pervious surfaces to meet or exceed an annual recharge rate of 7.6 inches per year. If this alternative design approach is taken, at least 1% of the site must be used for infiltration.
(b) 
Nonresidential development. For nonresidential development, including commercial, industrial and institutional development, design practices to infiltrate sufficient runoff volume so that post-development infiltration volume shall be at least 60% of the pre-development infiltration volume, based on average annual rainfall. If, when designing appropriate infiltration systems, more than 2% of the site is required to be used as effective infiltration area, the applicant may alternately design infiltration systems, and pervious surfaces to meet or exceed an average annual recharge rate of 7.6 inches per year. If this alternative design approach is taken, at least 2% of the site must be used for infiltration.
(c) 
Pretreatment. 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.
(d) 
Prohibitions. Notwithstanding Subsection B(5)(a) through (c), infiltration systems may not be installed in any of the following areas:
[1] 
Areas associated with Tier 1 industrial facilities identified in § NR 216.21(2)(a), Wis. Adm. Code, including storage, loading, rooftop and parking.
[2] 
Storage and loading areas of Tier 2 industrial facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3] 
Fueling and vehicle maintenance areas.
[4] 
Areas within 1,000 feet up gradient or within 100 feet down gradient of karst features.
[5] 
Areas with less than three feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except that this provision does not prohibit infiltration of roof runoff.
[6] 
Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than five feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
[7] 
Areas within 400 feet of a community water system well as specified in sec. NR 811.16(4), Wis. Adm. Code, for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
[8] 
Areas where contaminants of concern, as defined in sec. NR 720.03(2), Wis. Adm. Code, are present in the soil through which infiltration will occur.
[9] 
Any area where the soil does not exhibit one of the following characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock: at least five-foot soil layer with ten-percent fines or greater. This provision does not apply where the soil medium within the infiltration system provides an equivalent level of protection and does not prohibit infiltration of roof runoff.
(e) 
Alternate use for runoff. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this section.
(f) 
Minimizing groundwater pollution. According to Ch. NR 151, Wis. Adm. Code, 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 preventative action limit at a point of standards application in accordance with Ch. NR 140, Wis. Adm. Code. However, if site-specific information indicates that compliance with the prevention action limit is not achievable, the infiltration system may not be installed or shall be modified to prevent infiltration to the maximum extent practicable in the absolute discretion of the Village.
(g) 
Thermal control.
[1] 
The stormwater management plan shall include provisions and practices to reduce the temperature of runoff for sites located within the watershed of a river or stream identified by the Wisconsin Department of Natural Resources as:
[a] 
A cold water community as identified through § NR 102.04(3)(a), Ch. NR 104, Wis. Adm. Code, and Class I, Class II, and Class III trout streams identified in "Wisconsin Trout Streams," DNR publication PUB-FH-806-2002 or its successor.
[b] 
Rivers or streams proposed by the Wisconsin Department of Natural Resources as cold water communities and Class I, II, and III trout streams.
[2] 
The stormwater management plan does not have to meet the requirement in Subsection B(5)(g)[1] if the applicant can justify, by use of a model approved by the Dane County Conservationist, that practices are not necessary because the temperature increase of runoff from the site post-development will be zero.
[3] 
A current list and maps of affected watersheds shall be available for reference at the Village office or with the Village Engineer.
C. 
Stormwater management goals. The following standards shall be met whenever possible, and proposed design, suggested location and implementation of practices to meet these goals shall be included in plans:
(1) 
For existing development, design practices to retain soil particles greater than 40 microns on the site (twenty-percent reduction) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension;
(2) 
For street reconstruction, design practices to retain soil particles greater than 20 microns on the site (forty-percent reduction) resulting from a one-year, twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.

§ 215-12 Off-site stormwater management.

Off-site stormwater management is allowed, provided that all of the following conditions for the off-site facility are met:
A. 
The facility is in place.
B. 
The facility is designed and adequately sized to provide a level of stormwater control that at least meets the standards of this chapter.
C. 
The facility has a legally obligated entity responsible for its long-term operation and maintenance.

§ 215-13 Technical standards and specifications.

The design of all best management practices designed to meet the requirements of this chapter shall comply with the following technical standards:
A. 
Natural Resources Conservation Service's "Field Office Technical Guide," Chapter 4 or its successor.
B. 
Applicable construction or erosion control standards by the Wisconsin Department of Natural Resources.
C. 
Any other technical methodology approved by both the plan review agency and the Dane County Conservationist.

§ 215-14 Appeals and variances.

A. 
Appeals.
(1) 
Any person aggrieved by any decision of the Village's designee pursuant to this chapter may appeal to the Village Zoning Board of Appeals as provided in § 61.354(4)(b), of Wis. Stats. Such appeal shall be filed within 30 days after the challenged decision. A notice of appeal setting forth the specific grounds for the appeal shall be filed with the Village Clerk/Treasurer. The Village Clerk/Treasurer shall forthwith transmit to the Village Zoning Board of Appeals the record upon which the action appealed from was taken.
(2) 
The Village Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Ch. 985, Wis. Stats., as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
(3) 
The Village Zoning Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and shall have all the powers of the officer from whom the appeal is taken.
(4) 
The concurring vote of a majority of the Village Zoning Board of Appeals shall be necessary to reverse the decision of the plan review agency, and the grounds for such decision shall be stated in writing.
(5) 
A person aggrieved by a decision of the Village Zoning Board of Appeals may appeal that decision to the Circuit Court as set forth in § 62.23(7)(e), Wis. Stats.
B. 
Variances.
(1) 
An applicant may include in the application a request for a variance from the requirements of § 215-10 or 215-11 of this chapter. No variance shall be granted unless the applicant demonstrates and the plan review agency, after consultation with the Dane County Conservationist, finds that all of the following conditions are present:
(a) 
Enforcement of the standards set forth in this chapter will result in unnecessary hardship to the landowner.
(b) 
The hardship is due to exceptional physical conditions unique to the property.
(c) 
Granting the variance will not adversely affect the public health, safety or welfare, nor be contrary to the spirit, purpose and intent of this chapter.
(2) 
If all of the conditions set forth in Subsection B(1) of this section are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration given to water quality and impact to downstream conditions.
(3) 
A person aggrieved by a variance determination by the plan review agency may appeal the decision to the Village Zoning Board of Appeals pursuant to the procedures set out in Subsection A of this section.
(4) 
A person aggrieved by a decision of the Village Zoning Board of Appeals regarding a variance may appeal that decision to the Circuit Court as set forth in § 62.23(7)(e), Wis. Stats.

§ 215-15 Permit fees.

The Village Board of Trustees may by resolution separate from this chapter establish a fee schedule for erosion control and stormwater management permits.