This chapter is adopted by the Town of Grand Chute Board under the authority granted by § 60.627, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 60.62, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 60.627, Wis. Stats., the provisions of § 60.62, Wis. Stats., apply to this chapter and to any amendments to this chapter.
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
The Town of Grand Chute Board hereby designates the Plan Commission and the Community Development Department to administer and enforce the provisions of this chapter.
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
The Town of Grand Chute Board finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Town of Grand Chute.
It is the purpose of this chapter to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; 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 by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the Town of Grand Chute.
Where not otherwise limited by law, this chapter applies to all construction sites, unless the site is otherwise exempt pursuant to § 275-4A(2) or (3):
A permit is required for a construction site with 4,000 square feet or greater of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a permitted site, including the performance standards pursuant to § 275-7B, the permit requirements pursuant to § 275-8, and the plan requirements pursuant to § 275-9.
A permit is not required for a construction site with less than 4,000 square feet of land disturbing construction activity. However, the responsible party shall comply with all applicable provisions of this chapter for a nonpermitted site, including the performance standards pursuant to § 275-7A.
Notwithstanding the applicability requirements in § 275-4A(1)(a) and (b), a permit is required for a construction site with less than 4,000 square feet of land disturbing construction activity if the administering authority determines that permit coverage is needed in order to improve chapter compliance, meet targeted performance standards, or protect waters of the state. If it is determined that a permit is required, the responsible party shall comply with all applicable provisions of this chapter pertaining to a permitted site, including the performance standards pursuant to § 275-7B, the permit requirements pursuant to § 275-8, and the plan requirements pursuant to § 275-9.
Utility work and other disturbances of a continuous distance of 100 feet of road ditch, nonagricultural grass waterway or other nonagricultural land area where drainage occurs in a watercourse.
A construction site exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity, shall comply with the performance standards pursuant to § 275-7A if less than one acre of land disturbing construction activity. The performance standards pursuant to § 275-7B, permit requirements pursuant to § 275-8, and plan requirements pursuant to § 275-9 are not applicable.
Jurisdiction. This chapter applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the Town of Grand Chute.
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
For the purpose of this chapter, the following shall apply as indicated throughout the chapter:
The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
The present tense includes the future tense, and the singular includes the plural.
The word "shall" is mandatory; the word "may" is permissive.
The word "used" or "occupied" also means intended, designed or arranged to be used or occupied.
Definition of terms. For the purpose of this chapter, the following terms are defined:
- ADMINISTERING AUTHORITY
- A governmental employee or their designees empowered under § 60.627, Wis. Stats., to administer this chapter. For the purpose of this chapter, it is the Town of Grand Chute Community Development Department under guidance from the Plan Commission.
- AGRICULTURAL ACTIVITY AREA
- The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.
- AGRICULTURAL PRODUCTION AREA
- The part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.
- 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.
- BEST MANAGEMENT PRACTICES
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state. Also referred to as "BMPs."
- BUSINESS DAY
- A day the office of the administering authority is routinely and customarily open for business.
- CEASE-AND-DESIST ORDER
- A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
- COMMON PLAN OF DEVELOPMENT OR SALE
- A 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 common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
- 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.
- DESIGN STORM
- A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. The TP-40, Type II, twenty-four-hour design storms for the Town of Grand Chute are: one-year, 2.2 inches; two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches; twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and one-hundred-year, 5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for the Town of Grand Chute are: one-year, 2.14 inches; two-year, 2.45 inches; five-year, 3.01 inches; ten-year, 3.51 inches; twenty-five-year, 4.24 inches; fifty-year, 4.85 inches; and one-hundred-year, 5.50 inches.
- Residential, commercial, industrial, institutional, or other land uses and associated roads.
- DIVISION OF LAND
- The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
- The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- 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.
- FINAL STABILIZATION
- The point in time when 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.
- GOVERNING BODY
- Town Board of Supervisors, County Board of Supervisors, City Council, Village Board of Trustees or Village Council.
- 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 pollutants into the municipal separate storm sewer or waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling. Also referred to as "disturbance."
- MAXIMUM EXTENT PRACTICABLE
- The highest level of performance that is achievable but is not equivalent to a performance standard identified within this chapter. "Maximum extent practicable" applies when the permit applicant demonstrates to the administering authority's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the permit applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. Also referred to as "MEP."
- MSE4 DISTRIBUTION
- A specific precipitation distribution developed by the USDA, NRCS, using precipitation data from Atlas 14.
- OFF SITE
- Located outside the property boundary described in the permit application.
- ON SITE
- Located within the property boundary described in the permit application.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- A written authorization by the administering authority to the applicant, granting permission to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
- PERMIT ADMINISTRATION FEE
- A sum of money paid to the administering authority by the permit applicant for the purpose of recovering the expenses incurred by the authority in administering the permit.
- Has the meaning given in § 283.01(13), Wis. Stats.
- Has the meaning given in § 281.01(10), Wis. Stats.
- 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, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. For the purposes of this chapter, a protective area does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
- RESPONSIBLE PARTY
- Any entity holding fee title to a property or performing services to meet the performance standards of this chapter through a contract or other agreement.
- Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
- Settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location.
- 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:
- SILVICULTURE ACTIVITIES
- 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.
- The entire area included in the legal description of the property on which the land disturbing construction activity is proposed in the permit application.
- STOP-WORK ORDER
- An order issued by the administering authority that requires all construction activity on the site be stopped.
- TARGETED PERFORMANCE STANDARD
- A performance standard that will apply in a specific area where additional practices beyond those contained in this chapter are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance, and operation and maintenance specifications for a BMP, material, device or method.
- TOTAL MAXIMUM DAILY LOAD
- 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. Also referred to as "TMDL."
- The Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
- 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.
- TYPE II DISTRIBUTION
- A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this chapter. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
- WATERS OF THE STATE
- Has the meaning given in § 283.01(20), Wis. Stats.