[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Editor's Note: This ordinance also repealed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.
This chapter is adopted by the Village under
the authority of § 61.354, Wis. Stats.
As used in this chapter, the following terms
shall have the meanings 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.
Measured precipitation in Madison, Wisconsin between March
12 and December 2, 1981.
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.
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].
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-disturbing activity.
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 or rock fragments by
water, wind, ice or gravity.
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.
Buildings and other structures and impervious area existing
prior to August 22, 2001.
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.
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.
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.
Refers to any precipitation that does not leave the site
as surface runoff.
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.
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.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
The Village staff, agency or contracted entity charged by
the Village Board of Trustees with responsibility for enforcing stormwater
and erosion control ordinances.
Chapter 410, Subdivision of Land, of the Village 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, which 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.
Any land cover that permits rain or melting snow to soak
into the ground.
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.
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.
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 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.
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.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
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 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.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, 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 snowmelt or ice
melts 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 lakebed.
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 Mazomanie.
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.
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.
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.
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;
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.
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.
(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:
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.
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.
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;
(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.
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:
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.
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:
(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;
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.
Off-site stormwater management is allowed, provided
that all of the following conditions for the off-site facility are
met:
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.
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.
The Village Board of Trustees may by resolution
separate from this chapter establish a fee schedule for erosion control
and stormwater management permits.
