[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-23-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 116.
Building construction — See Ch. 121.
Property maintenance — See Ch. 246.
Streets and sidewalks — See Ch. 277.
Subdivision of land — See Ch. 281.
[1]
Editor's Note: This ordinance also superseded
former Ch. 157, Erosion Control, adopted 3-31-1992 as Title 15, Ch.
2 of the 1992 Code.
This chapter is adopted under the authority
granted by §§ 61.34(1), 61.35, 61.354, 62.23 and 236.45,
Wis. Stats.
The Village Board of the Village of Orfordville
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. The Village Board finds that
effective sediment and stormwater management depends on proper planning,
design, and timely installation of conservation and management practices
and their continuing maintenance. Specifically, soil erosion and stormwater
runoff can:
A.
Carry sediment, nutrients, pathogens, organic matter,
heavy metals, toxins and other pollutants to regional lakes, streams
and wetlands;
B.
Diminish the capacity of water resources to support
recreational and water supply uses and a natural diversity of plant
and animal life;
C.
Clog the Village's existing drainage systems, increasing
maintenance problems and costs;
D.
Cause bank and channel erosion;
E.
Increase downstream flooding;
F.
Reduce groundwater recharge, which may diminish stream
base flows and lower water levels in regional lakes, ponds and wetlands;
G.
Contaminate drinking water supplies;
H.
Increase risk of property damage and personal injury;
and
I.
Cause damage to agricultural fields and crops.
It is the purpose of this chapter to preserve
the natural resources, to protect the quality of the waters of the
state and the Village and to protect and promote the health, safety
and welfare of the people to the extent practicable by accomplishing
the following objectives:
A.
Promote regional stormwater management by watershed;
B.
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;
C.
Promote infiltration and groundwater recharge;
D.
Protect functional values of natural watercourses
and wetlands;
E.
Achieve an eighty-percent reduction in sediment load
rates to Rock 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;
F.
Ensure no increase in the rate of surface water drainage
from sites during or after construction; and
G.
Protect public and private property from damage resulting
from runoff or erosion.
It is not intended by this chapter to repeal,
abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. Wherever
this chapter imposes greater restrictions, the provisions of this
chapter shall govern.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
As used in this chapter, the following terms
shall have the meaning indicated: -
A regulated activity has significantly;
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.
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
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.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion and sedimentation from
land development and land disturbing activity.
A structural or nonstructural practice or combination of
practices to control sediment and other pollutants, manage runoff
or maintain infiltration devices, wet detention basins, grit chambers,
filter fences, mulching and seeding and minimize the extent and duration
of disturbed areas.
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 the Plan Commission and Village Board.
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.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other material is cut into, dug, quarried, uncovered, removed,
displaced, relocated or bulldozed and shall include the resulting
conditions.
Buildings and other structures and impervious area existing
prior to the adoption of this chapter.
An act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man to a new location and shall include the resulting
conditions.
An escrow account, certified check, irrevocable letter of
credit or similar guarantee submitted to the Village to assure that
requirements of this chapter are carried out in compliance with the
stormwater management plan.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
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.
For the purposes of this chapter, refers to any precipitation
that does not leave the site as surface runoff. Infiltration shall
be calculated using a mathematical model as accepted by the Village
Engineer with input parameters as established by the Village Engineer.
A device or practice such as a basin, trench, rain garden
or practice 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 road side channels designed for conveyance
and pollutant removal only.
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.
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.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his land.
A site where an area of land is subjected to minor compaction,
due to the limited removal of vegetative cover or earth-moving activities.
The Village staff, agency or contracted entity charged by
the Village Board with responsibility for enforcing stormwater and
erosion control ordinances. Unless amended, this shall be the Village
Engineer for the Village.
Chapter 281 of the Orfordville Code of Ordinances.
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.
Any of the following activities:
Structural development, including construction
of a new building or other structures;
Expansion or alteration of an existing structure
that results in an increase in the surface dimensions of the building
or structure;
Land disturbing activities; or
Creation or expansion of impervious surface.
A rate of flow of stormwater runoff usually measured in feet
per second, that does not erode soils. Nonerosive velocities vary
for individual sites, taking into account topography, soil type, and
runoff rates.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
The holder of a permit issued pursuant to this chapter.
Any land cover that permits rain or melting snow to soak
into the soil.
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.
Refers to the extent and distribution of land cover types
present before 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 the date of adoption
of this chapter exceeds the twenty-thousand-square-foot threshold,
the predevelopment conditions shall be those prior to the proposed
land disturbances.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the entire existing site is predominantly developed to 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 § 157-8.
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practice.
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.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
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.
The bounded area described in an erosion control plan or
stormwater management plan.
The net vertical rise over horizontal run, expressed as a
percentage which represents a relatively homogeneous surface incline
or decline over the area disturbed.
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.
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Rock County,
Wisconsin. For example, one-, two-, ten- and one-hundred-year storm
events have a recurrence interval of one, two, 10, and 100 years,
respectively.
The flow of water which results from, and which occurs during
and immediately following, a rainfall or snow or ice melt event.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snow melt or ice
melt occurring within a drainage area, flowing over the surface of
the ground and collected in channels, watercourses, or conduits.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, streambed or lake bed.
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.
The Village of Orfordville.
The person or representative hired, appointed or retained
by the Village Board to routinely provide public works services, building
inspection, or engineering services for the Village and shall include
the Village Building Inspector, Village Engineer, Village Administrator,
or any other person designated by the Village Board or these particular
Village representatives.
The person or a representative of the firm appointed or retained
by the Village Board to routinely provide engineering services for
the Village.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding
any such day officially observed by the Village as a legal holiday.
Unless expressly exempted by § 157-9, an erosion control and stormwater management permit containing an approved erosion control plan under § 157-12 shall be required, and all construction site erosion control provisions of this chapter shall apply to any of the following activities within the jurisdiction of the Village:
A.
Land disturbing activity in excess of one acre;
B.
Land disturbing activity on a slope of greater than
10%;
C.
Land disturbing activity that involves excavation
or filling, or a combination of excavation and filling, in excess
of 1,000 cubic yards of material;
D.
Land disturbing activity that disturbs more than 200
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.
Construction of any new public or private roads or
access drives longer than 200 feet;
F.
Development that requires a subdivision or condominium
plat, as defined in the applicable local land division ordinance(s);
or
G.
Land disturbing activity that disturbs less than one
acre 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.
Unless otherwise exempted by § 157-9, an erosion control and stormwater management permit containing an approved stormwater control plan under § 157-13 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the jurisdiction of the Village:
A.
Any development, that results in land disturbing activity
in excess of one acre;
B.
Any development that requires a subdivision or condominium
plat, as defined in the applicable local land use ordinance(s);
C.
Any development that requires a certified survey map,
as defined in the applicable local land division or zoning ordinance(s),
for property intended for commercial or industrial use;
E.
Other land development activities, including but not
limited to redevelopment or alteration of existing buildings or other
structures, that the local approval authority 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.
B.
The following activities are exempt from the construction site erosion control provisions of § 157-7:
(1)
One- and two-family dwelling units regulated under
the Wisconsin Uniform Dwelling Code. The Village shall regulate these
sites during the period that residential building permits are in effect,
consistent with then-existing Wisconsin Uniform Dwelling Code requirements.
(Land disturbing activities in excess of one acre, whether 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.
(5)
Village road or county highway projects not exempted under § 157-9B(2) are exempt from § 157-13B(3) where all of the following conditions are met:
C.
The following activities are exempt from the infiltration
standards described in § 157-138(6):
(1)
Redevelopment sites.
(2)
New development sites with less than ten-percent-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.
B.
Application requirements. At least one landowner,
occupant or user controlling, occupying or using the site and desiring
to undertake a land disturbing or land developing activity subject
to this chapter shall provide the following when requesting a permit:
(1)
A completed erosion control and stormwater management
permit application.
(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.
(4)
Applicable fees as required by § 157- 18.
(5)
Copies of permits or permit applications or approvals
required by any other governmental entity.
(6)
A proposed timetable 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.
(7)
An estimate of the cost of completion and installation
of all elements of the approved erosion control and stormwater management
plans.
C.
Approval process.
(1)
Within five working days following the submission
of the application and appropriate fees, the Village Engineer shall
verify that the permit application is complete or notify the applicant
in writing of any deficiencies.
(3)
Within 15 working days after receiving the completed
application and plans, the Village Engineer shall either approve the
submitted plan or notify the applicant, in writing, of any deficiencies.
(4)
Within 15 working days after verification that the
application is complete, the Village Engineer shall issue the applicant
an erosion control and stormwater management permit, providing the
applicant has met all requirements necessary for permit issuance.
The Village Engineer shall issue all permit denials in writing.
(5)
Where installed stormwater control measures will be privately owned, covenants and restrictions complying with the provisions of § 157-14 shall be recorded with the Rock County Register of Deeds, prior to the issuance of an erosion control and stormwater management permit. The foregoing information shall also be noted on every plat and certified survey map.
D.
Permit conditions. All permits shall contain the following
requirements:
(1)
The permittee shall notify the Village Building Inspector
five working days prior to commencing any land developing or land
disturbing activity.
(2)
The erosion control plan shall be implemented prior
to the start of any land disturbing activity and shall be maintained
over the duration of the project. Any stormwater control components
of the plan shall be maintained in perpetuity.
(3)
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.
(4)
The permittee shall inspect the erosion control measures
after each rain of 0.5 inch or more and at least once a week and make
any needed repairs.
(5)
Application for a permit shall constitute express permission by the permittee and landowner for the Village to enter the property for the purposes of inspection under § 157-11 or curative action under § 157-19. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(6)
The permittee shall pay the cost of off-site drainageway,
stream channel or other improvements necessitated by the land developing
or land disturbing activity.
(7)
All erosion control and stormwater management permits
shall be valid for a period of one year from the date of issuance.
All work must be completed prior to expiration of the permit. If land
disturbing activity is to continue beyond the expiration of the permit,
then reapplication and review pursuant to this chapter is required.
(8)
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.
(9)
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.
Permit transfers.
(1)
Erosion control and stormwater management permits
issued under this chapter are not assignable without prior written
approval by the Village.
(2)
When a landowner acts to transfer an interest in property
subject to an approved erosion control plan prior to completion of
the proposed steps to attain soil stabilization, the permittee must
secure approval from the Village.
(3)
When a landowner transfers ownership, possession or
control of real estate, subject to either or both an uncompleted erosion
control or stormwater management plan, the landowner may transfer
his or her obligations under the permit under the following arrangements:
(a)
The transferee shall file a new, approved erosion
control or stormwater plan, or both, with the Village enforcement
agent.
(b)
The transferee shall complete an approved assignment
form from the Village.
(c)
The financial security held by the Village may be released to the transferor if the transferee provides a financial security for the remaining obligations under the permit, following the procedures in § 157-21.
(d)
If the assignment is approved, the transferee
as sub-permittee shall be responsible for the remaining unfulfilled
obligations of the erosion control and stormwater management permit,
including long-term maintenance.
F.
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.
A.
The Village enforcement agent may inspect all land
disturbing activities and sites in order to ensure compliance with
the erosion control plan, stormwater management plan, and permit.
Application for a permit under this chapter shall constitute permission
by the applicant and the landowner for the Village enforcement agent
to enter upon the property, as necessary, to confirm compliance with
requirements of the chapter and the approved control plans.
B.
The permittee shall inspect the erosion control measures
after each rain of 0.5 inch or more and at least once a week and make
any needed repairs.
C.
The Village enforcement agent shall inspect the site
at least once every 30 days, or more frequently if necessary to ensure
plan compliance.
D.
Within 10 days after installation of all practices
in an approved erosion control plan and achievement of soil stabilization,
the permittee shall notify the Village enforcement agent.
E.
The Village enforcement agent shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
F.
Within 10 days after installation of all practices
in an approved stormwater management plan, the permittee shall notify
the Village enforcement agent and submit as-built drawings documenting
construction. The person who designed the stormwater management plan
or 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
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 Village enforcement
agent. Within 10 days following the submittal of as-built drawings
documenting construction, the Village enforcement agent shall inspect
the control measures to ensure compliance with the approved stormwater
management plan.
G.
Maintenance of stormwater control structures is the
responsibility of the owner, and facilities are subject to inspection
and orders for repairs.
H.
If land disturbing or land development activities
are being carried out without a valid permit, the Village Building
Inspector, Village Engineer, or their authorized agents may enter
the land pursuant to the special inspection warrant provisions of
§ 66.0119, Wis. Stats.
A.
Plan materials. Erosion control plans required under § 157-7 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment. All maps submitted under this section shall be on a scale of at least one inch equals 100 feet. Except as specifically exempted by the Village, all erosion control plans shall include at a minimum the following information:
(1)
Property lines, lot dimensions and limits of disturbed
area;
(2)
Location and dimensions of impervious area, including
utilities, structures, roads, highways and paving, with the type of
paving and surfacing material being indicated;
(3)
All natural and artificial water features, including,
but not limited to, lakes, ponds, streams (including intermittent
streams), wetlands, channels, ditches, and other watercourses on or
immediately adjacent to the site;
(4)
Location of the predominant soil types;
(5)
Limits and extent of vegetative cover existing before
and after commencement of land disturbing activities;
(6)
Cross sections of and profiles within road ditches;
(7)
Culvert sizes;
(8)
Direction of flow of runoff continuing at least to
the nearest perennial stream (small-scale map may be used if necessary);
(9)
Watershed size for each drainage area, including ordinary
high water marks for all navigable waters, one-hundred-year floodplains,
flood fringes and floodways, and delineated wetland boundaries;
(10)
Design discharge for ditches and structural
measures;
(11)
Existing and proposed runoff velocities;
(12)
Fertilizer and seeding rates and recommendations;
(13)
Time schedules for stabilization of ditches
and slopes;
(14)
Description of methods by which sites are to
be developed, including schedule of anticipated starting and completion
dates of land disturbing and land developing activity and time schedules
for stabilization of ditches and slopes;
(15)
Provision for sequential steps mitigating 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;
(16)
Provisions for maintenance of the control measures
during land disturbing activities and a narrative describing the long-term
maintenance required to ensure that control measures continue to perform
the functions intended by the plan;
(17)
Provisions to prevent mud-tracking off site
onto public thoroughfares during the construction period; and
(18)
Provisions to disconnect impervious surfaces,
where feasible;
(19)
Provisions to prevent sediment delivery to and
accumulation in any proposed or existing stormwater conveyance systems;
(20)
Copies of permits or permit applications required
by any other unit of government or agency;
(21)
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;
(22)
Such other information as the Village Engineer
deems necessary, including information necessary to reasonably determine
the location, nature and condition of any physical or environmental
features of the site.
B.
Specific plan requirements. At a minimum, the control
plan for all sites not subject to the checklist plan must include
the following requirements;
(1)
Drain inlet protection. Affected storm drain inlets
shall be protected with a straw bale, filter fabric, or equivalent
barrier meeting all accepted design criteria, standards and specifications,
as determined by the Village Engineer.
(2)
Waste and material disposal. All waste and unused
building materials (including garbage, debris, cleaning wastes, wastewater,
toxic materials, or hazardous materials) shall be properly disposed
of and not allowed to be carried by runoff into a receiving channel
or storm sewer system.
(3)
Tracking. Access driveways and parking area shall
be of sufficient length, width, and wearing surface (such as stone)
to accommodate any vehicular traffic using site access drives and
site parking. Sediment reaching a public or private road or thoroughfare
shall be removed by sweeping (not hydraulic flushing) before the end
of each workday.
(4)
Channelized runoff. Channelized runoff from adjacent
areas through the site shall be diverted around disturbed areas, where
practical, as determined by the Village Engineer. Diverted runoff
shall be conveyed in a manner that will not erode the receiving channels.
(5)
Sequenced activities. All activities on the site shall
be conducted in a logical sequence to minimize the area of bare soil
exposed at any one time and the amount of soil leaving the site.
(6)
Disturbed ground stabilization. All disturbed ground
and soil or dirt storage piles shall be contained on the site by filter
barriers and other suitable means. The containment measures shall
be installed at a time established by the Village Engineer. The containment
measures shall remain in place until the site is adequately stabilized,
as determined by the Village Engineer.
(7)
Filter fences or straw bales on slopes. Filter fences,
straw bales, or equivalent control measures shall be placed continuously
along all side slope and downside slope sides of the site where deemed
appropriate by the Village Engineer. If a channel or area of concentrated
runoff passes through the site, filter barriers shall be placed continuously
along the channel edges to reduce sediment reaching the channel.
C.
Checklist control plan.
(1)
When allowed. Applicants may submit erosion control
permit applications using a standard simplified checklist of standard
erosion control measures, provided by the Village, if all of the following
conditions exist:
(2)
Checklist control plan approval. Simplified plan checklists
shall be reviewed by the Village Building Inspector, in consultation
with the Village Engineer if necessary, for completeness and compliance
with the intent of this chapter.
D.
Erosion control performance standards.
(1)
Proposed design, suggested location and phased implementation
of effective practicable erosion control measures for all erosion
control plans shall be designed, engineered, and implemented to achieve
the following results:
(a)
Prevent gully and bank erosion; and
(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;
(c)
Discharges from new construction sites must
have a stable outlet capable of carrying designed flow 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 D(1) shall be determined using the United States Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Village Engineer 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.
E.
Other construction site control measures. The control
standards set forth above are intended to apply on a typical development
site in the Orfordville area. When land disturbing or land development
activity is proposed for a site with extraordinary features, then
the Village Board may, at its discretion, require additional and/or
more restrictive control standards and measures before any control
plan is approved or permit is issued. Extraordinary sites include,
but are not limited to, sites where land disturbing or development
activities are proposed to occur on slopes of more than 20% in designated
floodplain, wetland, or conservancy areas or in environmental corridor
areas identified in the Village Comprehensive Plan.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B and shall address at a minimum the following information:
(1)
A narrative describing the proposed project, including
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:
(5)
A complete site plan and specifications, signed by
the person who designed the plan. All plans shall be drawn on a scale
of at least one inch equaling 100 feet, but no larger than one inch
equaling 20 feet, 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 by the Rock 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 of 1988) and existing and proposed
contours at four-foot or lesser intervals;
(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 existing and 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)
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 157-10C(5).
B.
Stormwater management performance standards. 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 construction, 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 24 hours' duration), according to approved procedures,
and assuming no sediment resuspension.
(b)
For redevelopment resulting in exposed surface
parking lots and associated traffic areas, design practice 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 Village
Engineer only when the applicant can demonstrate that installation
of such practices is not necessary.
(3)
Runoff rate control, 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 Rock 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 shall 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.
(4)
Runoff rate control, design standards. All stormwater
facilities shall be designed, installed and maintained to effectively
accomplish the following:
(a)
Maintain predevelopment peak runoff rates for
the two-year, twenty-four-hour storm event (2.9 inches over 24 hours'
duration).
(b)
Maintain predevelopment peak runoff rates for
the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours'
duration).
(c)
Maintain predevelopment peak runoff rates for
the one-hundred-year, twenty-four-hour storm event (six inches over
24 hours' duration).
(5)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying the designed flow as required in Subsection B(4) 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.
(6)
Infiltration.
(a)
Design practices to infiltrate sufficient runoff
volume so that post-development infiltration volume shall be at least
90% of the predevelopment 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 for residential development or more than 2% of the site is required
to be used as effective area for nonresidential development, 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 in residential developments and at least
2% of the site must be used for infiltration in nonresidential developments.
For redevelopment projects, the infiltration requirements shall be
applied only to the area that was not impervious when the project
began.
(b)
Pretreatment. Before infiltrating runoff, pretreatment
shall be required. The pretreatment shall be designed to protect the
infiltration system from clogging prior to scheduled maintenance and
to protect groundwater quality. Where appropriate, pretreatment for
other runoff constituents that represent a threat of groundwater contamination
may be required.
(c)
Prohibitions. Notwithstanding Subsection B(6)(a) and (b), 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. Admin Code, including
storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified n § NR 216.21(2)(b), Wis. Admin 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 separation distance
from 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 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 § NR 811.16(4), Wis. Admin 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 § NR 720.03(2), Wis. Admin 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.
(d)
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.
C.
Minimizing groundwater pollution. According to Ch.
NR 151, Wis Admin 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
Admin 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 stormwater management goals. The following standards shall
be met whenever possible, and proposed design, suggested location
and implementation of practice 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.
A.
Covenant and restrictions required. Following the
final inspection and submission of as-built plans for all stormwater
and erosion control measures specified in a plan, the owner shall
record encumbrances upon the entire site covered by the plan which
shall be binding on the owner and the owner's successors and assigns.
The following documents shall be filed with the Rock County Register
of Deeds:
B.
Covenant and restrictions provisions. The covenants
and restrictions shall contain the following:
(1)
The landowner shall maintain stormwater management
measures in accordance with the stormwater maintenance provisions
contained in the approved stormwater management plan.
(2)
The Village is authorized to access the property to
conduct inspections of stormwater measures as necessary to ascertain
whether the measures are being maintained and operating in accordance
with the approved stormwater management plan.
(3)
The Village may specifically indicate any corrective
actions required to bring the stormwater control measures into proper
working condition and a reasonable time frame during which the corrective
action must be taken.
(4)
The Village shall be authorized to perform the corrective
actions identified in the inspection report if the landowner does
not make the required corrections in the specified time period and
shall authorize the collection of the costs as a special charge against
the property pursuant to § 66.0627, Wis. Stats.
C.
Modification or termination. The covenants and restrictions may be modified only with the Village's written consent. The covenants and restrictions shall be terminated when responsibility for maintenance of the stormwater management practice is legally transferred to the Village or agency acceptable to the Village through a written, binding agreement. The termination date of the covenants and restrictions required under Subsection A of this section shall be the date upon which the legal transfer of maintenance to the Village or other Village-approved agency is made effective.
A.
Off-site stormwater management is allowed, provided
that all of the following conditions for the off-site facility are
met:
B.
All applicants are responsible to pay the cost to
build off-site stormwater control measures which is proportionate
to the contribution of stormwater runoff draining from the site to
the off-site control measures.
All best management practices designed to meet
the requirements of this chapter shall comply with the technical standards
set forth in the following manuals and publications:
A.
Natural Resource Conservation Service's Field Office
Technical Guide, Chapter 4, or its successor;
B.
Applicable construction, erosion control and stormwater
management standards by the Wisconsin Department of Natural Resources;
and
C.
Any other technical methodology approved by both the
Village and the Rock County Conservationist, including the Rock County
Erosion Control and Stormwater Manual.
No person shall deposit unbagged piles of leaves
within three feet of a street, gutter or other conveyance of water
to a storm sewer. During the fall of each year, the Village will publish
a notice in the official newspaper identifying the time period during
which leaves will be allowed to be raked onto the street. For purposes
of this section, "wetland" shall be defined as provided in § 23.32(1),
Wis. Stats., and "navigable waters" shall be defined as provided in
§ 30.10, Wis. Stats.
A.
Application fee.
(1)
General. The application fee for an erosion control and stormwater management permit shall be as set by the Village Board. Where plat or certified survey map review fees are paid pursuant to Chapter 281, Subdivision of Land, of this Code for the same project covered by the proposed erosion control and stormwater management permit, then the application fee will be waived.
(2)
Checklist control plan. The application fee for an
erosion control and stormwater management permit requiring submission
of a checklist control plan shall be as set by the Village Board.
Where a building permit fee is paid in connection with the same activity,
then no additional fee need be paid in order to obtain the necessary
erosion control and stormwater management permit.
B.
Engineering and inspection fees. In addition to the
application fee, before any permit will be issued the applicant must
pay the actual engineering fees or expenses incurred by the Village
in connection with review of the control plan(s) and the engineering
fees or expenses estimated to be incurred for on-site inspection during
the project. Where the application fee is waived, the applicant must
still pay the engineering and inspection fees and expenses; however,
such fees and expenses may not duplicate any engineering or inspection
fees paid in connection with plat or certified survey map approval.
A.
Violations. No land development of land disturbing
activities within the scope of this chapter may occur without full
compliance with the provisions of this chapter. Any person who violates
or fails to comply with any provision of this chapter is subject to
the enforcement and penalty provisions of this section.
B.
Enforcement. This chapter shall be enforced consistent
with the policies and purposes underlying its adoption. The following
enforcement actions, or any combination thereof, may be taken in case
of a violation of this chapter:
(1)
Voluntary compliance.
(2)
Stop-work order. A stop-work order may be issued by
the Village enforcement agent if any land disturbing or land developing
activity regulated under this chapter is being undertaken without
a permit, the control plan is not being implemented in a good faith
manner, or the conditions of the permit are not being met. Stop-work
orders may be retracted when compliance with the chapter is obtained.
The Village enforcement agent has the authority to retract a stop-work
order upon satisfactory compliance.
(3)
Revocation of permit. Where a stop-work order has
been issued in order to obtain compliance with a control plan, the
Village enforcement agent may revoke the permit if the permittee does
not cease the illegal activity or obtain compliance with the control
plan or permit conditions within 24 hours from issuance of the stop-work
order.
(4)
Village to perform work.
(a)
Twenty-four hours after posting a stop-work
order, the Village may issue a notice of intent to the permittee or
landowner or land user of the Village's intent to perform work necessary
to comply with this chapter.
(b)
When a violation of this chapter or of the conditions
of a permit causes sediment to deposit on any Village street or public
property, the Village enforcement agent and/or other designated Village
officials or agents may proceed to remove and/or clean such sediment.
(c)
The costs of the work performed by the Village pursuant to Subsection B(4)(a) or (b) above, plus interest, shall be billed to the permittee or the landowner on whose property the work under Subsection B(4)(a) was performed, or from whose activity or property the sediment originated for work under Subsection B(4)(b), or may be recovered out of any security posted for such purpose. In the event that a permittee or landowner otherwise fails to pay the amount due, the Administrator/Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to § 66.0703, Wis. Stats.
(5)
Injunction and other judicial remedies. Compliance
with the provisions of this chapter may also be obtained by the Village
Board authorizing the Village Attorney to commence appropriate action
to enjoin violations, compel compliance, or pursue other appropriate
judicial relief.
(6)
Private remedies preserved. These enforcement provisions
are not intended in any way to restrict or limit the rights of private
parties to pursue whatever private legal remedies they may have available
as a result of any erosion, sediment or water runoff.
(7)
Penalties. Any person violating any provision of this chapter shall be subject to a forfeiture of not less than $100 nor more than $2,000 plus the actual cost of prosecution for each offense. Each day a violation exists shall constitute a separate offense. Citations for any violation of any provision of this chapter may additionally be issued by the Village enforcement agent, and such citations shall be in conformance with the provisions of Chapter 22, Citations, of this Code. Without limitation by enumeration, a violation of this chapter is occurring if any of the following conditions exist:
(a)
Any land disturbing or land developing activity
regulated under this chapter is being undertaken without a permit;
(b)
The erosion control plan and/or stormwater management
plan is not being implemented in a good faith manner;
(c)
The conditions of the permit are not being met;
or
(d)
Any condition or activity that causes excessive
runoff or erosion to adjacent land, public streets, or water bodies
is occurring or being allowed to occur, in violation of § 157-
11 of this chapter.
C.
If the permittee has filed an appeal under § 157-20 prior to the expiration of the time for compliance under this section, the Village may take action, perform work, or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
A.
Appeal or variance requests.
(1)
By applicant or permittee. Any aggrieved applicant,
permittee or land user may appeal any order, decision, determination
or inaction of the Village in administering or enforcing this chapter
or may apply for a variance from the requirements of this chapter.
A fee as set by the Village Board must accompany any appeal or variance
request involving a land disturbing activity subject only to an erosion
control checklist plan. A fee as set by the Village Board must accompany
any appeal or variance request involving any other erosion control
and stormwater management permit. Appeal or variance requests must
be submitted in writing, state the grounds for the appeal or variance
request, and be filed with the Village Administrator/Clerk-Treasurer.
(2)
By citizens. An appeal of any order, decision, determination
or inaction of the Village in administering or enforcing this chapter
may be commenced upon the filing of a petition signed by 12 adult
residents of the Village and payment of a fee as set by the Village
Board. The appeal must be filed with the Village Administrator/Clerk-Treasurer
and must state written grounds for the appeal. A copy of any citizen
appeal shall be delivered or mailed to the applicant or permittee
by the Village Administrator/Clerk-Treasurer within five working days
of its filing, if any, with the Village. The filing of a citizen appeal,
by itself, does not prohibit the commencement or continuation of any
work or activity.
(3)
Appeal deadline. Appeals by applicants, permittees
or citizens must be filed within 45 days of the order, decision, determination
or inaction being appealed.
(4)
Multiple appeals prohibited. Once an appeal has been
filed on a matter, no other appeal on the same order, decision, determination
or inaction will be allowed. The Zoning Board of Appeals shall consolidate
appeals wherever possible to avoid a multiplicity of appeal proceedings
and to hasten the final resolution of a matter. The Zoning Board of
Appeals may allow additional parties to join a pending appeal where
appropriate and where such addition will not delay the proceedings.
B.
Authority of Zoning Board of Appeals.
(1)
The Village Zoning Board of Appeals shall hear and
decide all variance requests and appeals in accordance with the provisions
of § 62.23(7)(e), Wis. Stats., and this Code. Where provisions
may conflict, the more stringent shall apply.
(2)
The Zoning Board of Appeals shall only grant such
variances from the terms of this chapter as will not be contrary to
the public health, safety or welfare where, owing to special conditions,
a literal enforcement of the provisions of this chapter will impose
an unnecessary hardship. Such variances may be granted only to the
minimum extent necessary to afford relief from the unnecessary hardship.
Before a variance may be granted, the Village Engineer must find that
the erosion control and/or stormwater management plan(s), to the extent
possible and consistent with the need for a variance, will achieve
compliance results comparable to those set forth in this chapter.
In making such a finding, the Village Engineer shall consider water
quality and impacts to downstream conditions.
(3)
Appeals or variance requests shall be heard and decided
within 30 days of receipt of the written request and payment of the
appeal fee, unless an extension is agreed upon by the appellant and
Zoning Board of Appeals.
C.
Chapter procedures prevail. Pursuant to § 68.16,
Wis. Stats. the Village Board elects that the procedures for administrative
review of decisions set forth in this chapter shall apply in lieu
of the procedures of the Wisconsin Municipal Administrative Procedure
Act.
D.
Enforcement not stayed. The filing of an appeal or variance request does not preclude the Village from commencing or continuing any of the enforcement actions set forth in § 157-19 or a forfeiture proceeding under this chapter unless the Village Board specifically agrees to stay such enforcement.
The applicant shall provide, prior to issuance
of the permit, an irrevocable letter of credit, certificate of deposit
or certified check to the Village in an amount equal to 125% of the
estimated cost of all required control measures as determined by the
Village Engineer to guarantee that all required control measures will
be taken or installed according to the approved plan(s).
A.
Right to draw upon. The Village shall have the right
to draw upon the security for purposes of completing construction
of the improvements or payment of its costs.
B.
Security for other purposes. If the construction of erosion control and stormwater management measures required by this chapter is required by a development agreement in connection with a plat or certified survey map, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 281, Subdivision of Land, of this Code.
C.
Full release. The security shall remain in full force
until released. The financial security shall be released in full only
upon submission of as-built plans and written certification by a registered
professional engineer in the state that the stormwater practice has
been installed in accordance with the approved plan.
D.
Pro rata release. The Village may make provisions
for a partial pro rata release of the financial security based on
the completion of various development stages. Any reduced amount shall
be adequate to cover all remaining costs plus 25%.
