The Town Board finds that uncontrolled, post-construction runoff
has a significant impact upon water resources and the health, safety
and general welfare of the community and diminishes the public enjoyment
and use of natural resources. Specifically, uncontrolled post-construction
runoff can:
A. Degrade
physical stream habitat by increasing stream bank erosion, increasing
streambed scour, diminishing groundwater recharge, diminishing stream
base flows and increasing stream temperature.
B. Diminish
the capacity of lakes and streams to support fish, aquatic life, recreational
and water supply uses by increasing pollutant loading of sediment,
suspended solids, nutrients, heavy metals, bacteria, pathogens and
other urban pollutants.
C. Alter wetland
communities by changing wetland hydrology and by increasing pollutant
loads.
D. Reduce
the quality of groundwater by increasing pollutant loading.
E. Threaten
public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F. Threaten
public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G. Undermine
floodplain management efforts by increasing the incidence and levels
of flooding.
[Amended 5-5-2021 by Ord. No. 2021-5]
The fees referred to in other sections of this chapter shall
be established by the Town Board and listed in the Annual Fee Schedule
which may from time to time be modified by resolution. A schedule
of the fees shall be available for review in the Town Hall.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, a designee designated by the Director
of Public Works, or a regional planning commission empowered under
§ 60.627, Wis. Stats., that is designated by the Town Board
to administer this chapter.
[Amended 5-5-2021 by Ord. No. 2021-5]
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of the Director of Public Works or designee
is routinely and customarily open for business.
[Amended 5-5-2021 by Ord. No. 2021-5]
CEASE-AND-DESIST ORDER
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
DESIGN STORM
An hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building
sites of five or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
EROSION
The process by which the land’s surface is worn away
by the action of wind, water, ice or gravity.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
FINAL STABILIZATION
All land-disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works or designee by the responsible party to assure that
requirements of the chapter are carried out in compliance with the
stormwater management plan.
[Amended 5-5-2021 by Ord. No. 2021-5]
GOVERNING BODY
The Town Board of Supervisors of the Town of Cedarburg.
[Amended 5-5-2021 by Ord. No. 2021-5]
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
IN-FILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The entry of precipitation or runoff into or through the
soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND DEVELOPMENT ACTIVITY
Any construction-related activity that results in the addition
or replacement of impervious surfaces such as rooftops, roads, parking
lots, and other structures. Measurement of areas impacted by land
development activity includes areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
OFF-SITE
Located outside the property boundary described in the permit
application.
ON-SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil, which passes through
a #200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Director of Public Works
or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to waters of the
state. No person may conduct land-disturbing activity or discharge
post-construction runoff to waters of the state within the Town of
Cedarburg without obtaining such permit from the Town indicating that
the requirements of this chapter are met, and the owner shall pay
the applicable permit fee according to the Annual Fee Schedule as
established by the Town Board. The Town's permit application shall
require that all costs incurred by the Town or its designee, agents,
and/or consultants to properly review the application shall be the
responsibility of the applicant who shall timely pay or reimburse
the Town of Cedarburg for all engineering, inspection, legal, and
administrative costs incurred by the Town in reviewing the application.
This includes applications that result in after-the-fact permits.
[Amended 5-5-2021 by Ord. No. 2021-5]
PERMIT ADMINISTRATION FEE
A sum of money paid to the Director of Public Works or designee
by the permit applicant for the purpose of recouping the expenses
incurred by the authority in administering the permit.
[Amended 5-5-2021 by Ord. No. 2021-5]
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
PRE-DEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not draining to a stormwater treatment device or system.
D.
Discharges directly or indirectly to waters of the state.
SITE
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the Director of Public Works or designee
which requires that all construction activity on the site be stopped.
[Amended 5-5-2021 by Ord. No. 2021-5]
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources
Conservation Service (previously "Soil Conservation Service“),
Urban Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
[Amended 5-5-2021 by Ord. No. 2021-5]
The above and foregoing chapter was duly adopted by the Town
Board of Town of Cedarburg on the first day of October 2008, and as
amended thereafter.