The Village Board finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A. Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed 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, recreational and water supply uses by increasing
pollutant loading of sediment, suspended solids, nutrients, heavy
metals, bacteria, pathogens, elevated temperatures 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:
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of the Village Clerk/Treasurer 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.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
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.
FINAL STABILIZATION
All land-disturbing construction activities at the construction
site have been completed and 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 employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village of
Superior by the responsible party to assure that requirements of this
chapter are carried out in compliance with the stormwater management
plan.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
INFILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The entry of precipitation or runoff into or through the
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.
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 CONSTRUCTION ACTIVITY
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; and harvesting
of trees.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
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 the performance standards
and may vary based on the performance standard and site conditions.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
OFF SITE
Outside the property boundary described in the permit application.
ON SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil which passes through
a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Village of Superior to
the applicant 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 Village of Superior by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 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-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
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 Village of Superior which requires
that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method. (See website http://dnr.wi.gov/runoff/stormwater/techstds.htm.)
TOP OF THE CHANNEL
An edge or point on the landscape landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 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.
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.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The following methods shall be used in designing
the water quality, peak flows having any infiltration components of
stormwater practices needed to meet the water quality standards of
this chapter:
A. Technical standards identified, developed or disseminated
by the Wisconsin Department of Natural Resources under Subchapter
V of Ch. NR 151, Wis. Adm. Code. (See website http://dnr.wi.gov/runoff/stormwater/
techstds.htm.)
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 Village of Superior or authorized agent.
C. In this chapter, the following year(s) and location(s)
have been selected as average annual rainfall(s): Duluth, 1975 (March
24 to November 19).
The fees referred to in other sections of this
chapter shall be established by the Village Board and may from time
to time be modified by resolution. A schedule of the fees established
by the Village Board shall be available for review in Village offices.