[HISTORY: Adopted by the Village Board of the Village of
Belleville 9-5-2002 (Title 10,
Ch. 8, of the 1994 Code); amended by Ord. No. 2007-03-02. Subsequent amendments noted where applicable.]
This chapter is adopted by the Village of Belleville under the
authority of §§ 61.34(1), 61.354 and 236.45, Wis. Stats.
The following terms, wherever they appear in this chapter, are
defined as follows:
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 production 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
cold water fish species [§ NR 102.04(3)(a), Wis. Adm. Code].
For the retail or wholesale sale of goods or services.
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 boundary and extent of area under the jurisdiction of
a municipal corporation. The corporate limits are extended or reduced
by annexation and detachment, respectively.
Any of the following activities:[1]
Structural development, including construction of a new building
or other structure;
Expansion or alteration of an existing structure that results
in an increase in the ground surface dimensions of the building or
structure;
Land disturbing activities; or
Creation or expansion of impervious surfaces.
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.
A surety bond, performance bond, maintenance bond, 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.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof, and including the land from which the material was taken
or upon which it was placed.
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 Village agent.
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.
Any person holding title to or having an ownership interest
in land.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
Any county, city, village or town ordinance adopted under
Ch. 236, Wis. Stats., to regulate the division of land.
Those activities other than those deemed to be minor land
disturbing activities.[2]
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.
Maximum extent practicable (MEP) allows flexibility in the way to
meet performance standards and may vary based on the performance standard
and site conditions.
Land disturbing activities where all of the following conditions
exist:[3]
Any of the following activities:[4]
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.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
Any land cover that permits rain or melting snow to soak
into the ground.
The municipal staff, agency or qualified contracted entity
charged by the local unit of government with responsibility for reviewing
stormwater and erosion control plans under this chapter.
The municipal staff, agency or contracted entity charged
by the local unit of government with responsibility for reviewing
land divisions, certified survey maps or subdivision plats, or any
combination thereof, under Ch. 236, Wis. Stats.
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 threshold of 20,000 square feet, the predevelopment conditions
shall be those prior to the proposed land disturbance.[5]
The portion of the average annual rainfall that infiltrates
the soil and becomes groundwater. "Recharge" does not include evaporation,
transpiration, or runoff from the site.
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 § 450-8A.
Includes, but is not limited to, ice or 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 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-, two-, ten- 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.
A closed conduit for conducting collected stormwater.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snowmelt or icemelt event.
Any measures taken to permanently reduce or minimize the
negative impacts on stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snowmelt or icemelt
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.
Land treatments intended to prevent erosion, sediment or
runoff that include, but are not limited to, gully control structures,
grass waterways, riprap, detention basins or ponds, sediment basins
or ponds, flood retention dams, diversions, and lining channels with
rock, concrete or other materials. Contour strip-cropping is not considered
a structural measure under this chapter.
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 Belleville or its agent.
The Village Engineer, the Director of Public Works, the Building
Inspector or any other Village employee or official assigned or charged
with the responsibility of administering and enforcing the requirements
of this chapter or any independent contractor retained by the Village
for such purpose.
The individual, or the individual's designee, or the
firm, or a representative of the firm, appointed or retained by the
Village Board to routinely provide engineering services for the Village.
A.
Findings. The Village Board of the Village of Belleville 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.
Declaration of policy. The Village Board of the Village of Belleville
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.
Purpose. 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 Belleville.
B.
Intent. 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 Belleville;
(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
and Green 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;[1]
(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.
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. However, wherever this
chapter imposes greater restrictions, the provisions of this chapter
shall govern.
A.
Within the Village. Unless specifically excluded herein, this chapter
applies to all land disturbing activities occurring within the corporate
limits of the Village.
B.
Within the extraterritorial area. This chapter shall apply outside the Village limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and Chapter 600, Subdivision of Land, of this Code, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats.
Unless expressly exempted by § 450-9, an erosion control permit under § 450-11 shall be required and all construction site erosion control provisions of this chapter shall apply to any of the following activities in Belleville:
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 linear 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 Village agent shall
be in writing, unless waived by the applicant.
Unless otherwise exempted by § 450-9, a stormwater management permit under § 450-11 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within Belleville:
A.
Any development(s) after August 22, 2001, that result(s) 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
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 agent 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.
A.
The following activities are exempt from all requirements of this
chapter:
(1)
Any activity directly related to the planting, growing and harvesting
of agricultural crops.
B.
The following activities are exempt from the construction site erosion control provisions of § 450-7:
(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
local approval authority.
(3)
Projects subject to an approved shoreland erosion control permit.
(5)
Municipal road or county highway projects not exempted under Subsection B(2) are exempted from § 450-13B(3) if:
(6)
Soil conservation, stream and adjacent wetland protection and restoration practices such as terraces, runoff diversions, grassed waterways, cattle and equipment crossings, cattle watering access, water control structures, dikes, ditch plugs, tile breaks and sediment removal catchments, when implemented according to plans and designs approved by the Natural Resources Conservation Service or U.S. Fish and Wildlife Service of the U.S. Department of the Interior, Wisconsin Department of Natural Resources or the Dane County Land and Water Resources Department, provided that any such project involving land disturbing activity equal to or greater than one acre shall also comply with the performance standards in § 450-12C.[1]
C.
The following activities are exempt from the infiltration standards described in § 450-13B(6):
(1)
Redevelopment sites.
(2)
New development sites with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
that 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
per 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.
Purpose and intent. 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, and/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 management 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.[1]
C.
Application requirements.
(1)
A preliminary review letter must be submitted and approved by the
Village agent before an erosion control or stormwater management permit
application may be submitted.
(2)
The following materials must be included in the preliminary review
letter:
D.
Approval process.
(1)
The Village agent shall review the letter and determine whether erosion
and stormwater control standards can be met for a proposed site, lot
layout, and/or construction design.
(2)
Within 15 days of receiving the preliminary review letter, the Village
agent shall either approve the preliminary plan or notify the applicant
of any deficiencies.
(3)
The Village agent shall notify the applicant in writing of any deficiency
in the preliminary plan and the applicant shall be given an opportunity
to correct any deficiency.
(4)
Approval of 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.
A.
B.
Applicant. Only the landowner is eligible to apply for an erosion
control or stormwater management permit.
(1)
The landowner may delegate responsibility for meeting the conditions
of the permit to the contractor or builder; however, the ultimate
responsibility for achieving permit compliance remains with the landowner
throughout the duration of the land disturbing activity.
(2)
The landowner cannot abdicate or transfer responsibility for meeting
the conditions of the permit by selling lots. The responsibility for
permit compliance remains with the landowner until final site stabilization
is achieved.
C.
Application. The applicant must provide the following when requesting
a permit:
(1)
Completed application form signed by the landowner.
(5)
If required by § 450-8, a stormwater management plan meeting all of the standards of § 450-13 and a draft maintenance agreement as described in § 450-13A(9).
(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. For major land disturbing activities, 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 agent. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village agent assures that all required control measures have been fully and satisfactorily completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approved control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of plat or certified survey map conditions of approval, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 600, Subdivision of Land, of this Code.
D.
Application review process.
(2)
The Village agent shall either approve the submitted plan or notify
the applicant of any deficiencies within 30 days. Staff engaged in
this review and approval process shall be certified where appropriate
by the Wisconsin Department of Safety and Professional Services for
this purpose.
(3)
The Village agent 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 management permit issued under this chapter and applicable plan, time tables and potential liability imposed by Subsection I(3) for failure to bring the property into compliance with this chapter after notification, shall be recorded with the Dane or Green County Register of Deeds prior to issuance of an erosion control or stormwater management permit. The foregoing information shall also be noted on every plat and certified survey map.[2]
(5)
Upon approval of the Village agent, the erosion control or stormwater
management permit shall be issued after the applicant has met all
other requirements of this chapter.
E.
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 Village agent to enter the property for purposes of inspection under Subsection F or curative action under Subsection I(3). 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 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, local approval authority inspection staff and other authorized
personnel.
F.
Inspections.
(1)
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village agent to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection F(4) and (6), as necessary to confirm compliance with the requirements of this chapter.
(2)
As part of the plan approval process, the Village agent shall determine
the minimum number of inspections required to assure compliance. The
site of any regulated land disturbing activity shall be inspected
once every 30 days, or more frequently as determined by the Village
agent.
(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 Building Inspector.
(4)
The Building Inspector or other Village agent 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 Building
Inspector 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 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 agent.
(6)
The Building Inspector or other Village agent 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.
G.
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.
(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 authority 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 are not completed
as proposed, the authority may use the surety bond to complete remaining
work to achieve plan compliance.
H.
Plan or permit amendments. Any proposed modifications to approved
plans or construction schedules or alterations to accepted sequencing
of land disturbing site activities shall be approved by the Village
agent prior to implementation of said changes.
I.
Enforcement.
(1)
Stop-work order.
(a)
Whenever the Village finds any noncompliance with the provisions
of this chapter, the Village agent shall attempt to communicate with
the owner or person performing the work to obtain immediate and voluntary
compliance if such person is readily available. If the owner or person
performing the work is not readily available, that person refuses
to voluntarily comply immediately or the noncompliance presents an
imminent danger or will cause or threatens to cause bodily injury
or damage to off-site property, including but not limited to off-site
runoff, the Building Inspector or other Village agent shall post in
a conspicuous place on the premises a stop-work order which shall
cause all activity not necessary to correct the noncompliance to cease
until noncompliance is corrected.
(b)
The stop-work order shall provide the following information:
date of issuance, an adequate identification of the property subject
to the stop-work order, reason for posting and the signature of the
inspector posting the card.
(c)
The unauthorized removal of the stop-work order from the premises
shall be a violation of this chapter.
(2)
In addition to posting a stop-work order, the Village shall provide
notification to the owner or contractor by personal service, written
notice by certified mail, or facsimile transmission.
(a)
The permittee, landowner and contractor shall have 24 hours
from the time and date of notification by the Village to correct any
noncompliance with the plan when notification is by either personal
communication of noncompliance to the owner or contractor or their
respective agents or written notice sent by certified mail to the
owner or contractor.
(3)
If any noncompliance is not corrected within the time periods specified in Subsection I(2)(a) or (b), the permittee and landowner authorize the Village to take any action, to perform any work, or commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the authority for the total costs and expenses of the aforementioned actions; said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.
(4)
If the permittee has filed an appeal under § 450-16A(1) prior to the expiration of the time for compliance under Subsection I(2), 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.
J.
Penalties.
(1)
Any person or persons, firm, company or corporation, owner, occupant
or other user of the premises who or which violates, disobeys, omits,
neglects or refuses to comply with or resists the enforcement of any
of the provisions of this chapter shall be subject to a forfeiture
of not less than $200 per day nor more than $10,000 total, together
with the costs of prosecution and applicable penalty assessments,
fees and surcharges. The forfeiture, fees, costs, assessments and
surcharges shall be ordered paid within 60 days. Each day that a violation
exists shall constitute a separate offense.[3]
(2)
Any person who has the ability to pay any forfeiture entered against
him or her under this chapter but refuses to do so may be confined
in the county jail until such forfeiture is paid, but in no event
to exceed 30 days. In determining whether an individual has the ability
to pay a forfeiture, all items of income and all assets may be considered
regardless of whether or not such income or assets are subject to
garnishment, lien or attachment by creditors.
(3)
As a substitute for or as an addition to forfeiture actions under Subsection J(1) or corrective action under Subsection I(3), the Village is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village to take corrective action or prosecute for forfeiture before resorting to injunctive relief.
K.
Fees. The permit fee shall be payable at the time an application
for either an erosion control or a stormwater management permit, or
both, is submitted.
A.
Plan materials. Erosion control plans required under § 450-7 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, and 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)
Site layout, topography and drainage direction of adjacent properties.
(9)
Design discharge for ditches and structural measures.
(10)
Runoff velocities.
(11)
Fertilizer and seeding rates and recommendations.
(12)
Time schedules for stabilization of ditches and slopes.
(13)
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.
(14)
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.
(15)
Provisions to prevent mud tracking off site onto public thoroughfares
during the construction period.
(16)
Provisions to disconnect impervious surfaces, where feasible.
(17)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed or existing stormwater conveyance systems.
(18)
Copies of permits or permit applications required by any other
unit of government or agency.
(19)
Existing and proposed elevations (referenced to the National
Geodetic Vertical Datum of 1929) and existing and proposed contours
in the area, where deemed necessary.
(20)
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. For minor land disturbing activities, as defined in § 450-2, applicants may submit erosion control proposals using a simplified plan checklist on a standard form established by the Village agent. Simplified plan checklists shall be reviewed by the Village agent for completeness and accuracy.
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 § 450-13B(4) at 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)
Water pumped from the site shall be treated by temporary sedimentation
basins or other equivalent control measures. Such sedimentation basins
shall have a depth of at least three feet, be surrounded by a four-foot-high
snow fence or equivalent barrier, and have sufficient surface area
to provide a surface settling rate of not more than 1,500 gallons
per square foot per day at the highest dewatering pumping rate. Water
may not be discharged in a manner that causes erosion of the site,
a neighboring site, or the bed or banks of the receiving water.
(3)
All waste and unused building materials (including garbage, debris,
cleaning wastes, wastewater, toxic materials, or hazardous materials)
shall be disposed of in accordance with the Village of Belleville
Code and not allowed to be carried by runoff into a receiving channel
or storm sewer system.
(4)
Channelized runoff from adjacent areas passing through the site shall
be diverted around disturbed areas, if practical, as determined by
the Village agent.
(5)
Plan compliance under Subsection C(1) shall be determined using the United States 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.
(6)
Erosion control measures for plan approval need not attempt to regulate
soil transportation within the boundaries of the applicant's
site.
(7)
Changes to topography within five feet of property line.[1]
(a)
Except as authorized in this section, the topography within five
feet of any property line at the commencement of any development shall
remain unchanged.
[1]
When land disturbing activities associated with development occur
within five feet of any property line, finished grades in that area
shall be restored to the topography in existence before the land disturbing
activity began. A positive slope of 1/2 inch vertical per one foot
horizontal within five feet of the property line is allowed to provide
proper drainage away from a one- or two-family residence.
[2]
The established grade of the adjoining property shall determine the
finished grade at the property line for any development. The owner
of the property under development bears the burden of proof as to
the established grade at the property line and the topography within
five feet of the property line. The Village Engineer may require detailed
site grading plans of existing and proposed conditions to be submitted
before commencement of land disturbing activities.
(b)
Existing drainageways and drainage easements along property lines
shall be maintained, including but not limited to natural watercourses
and stormwater management areas shown on subdivision plats and certified
survey maps.
(c)
Development in floodplain districts requiring fill to comply with
floodplain regulations is exempt from this subsection.
(d)
Upon written application, the Village Engineer may authorize exceptions
resulting in changes to the existing topography at and within five
feet of any property line that would promote the purposes stated in
this chapter. An exception authorized under this subsection may not
direct additional stormwater runoff toward adjacent properties. Proposed
exceptions may include, but are not limited to, retaining walls, berms
and other structures, and other changes to existing grade at and within
five feet of a property line. The Village Engineer may require the
submittal of detailed site grading plans of existing and proposed
conditions, including but not limited to detailed topographical information
of the subject and adjoining properties, before land disturbing activities
commence.
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 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)
Site layout, topography and drainage of adjacent properties;
(e)
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;
(f)
Drainage easements;
(g)
Depth to bedrock;
(h)
Depth to seasonal high-water table;
(j)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area requiring a grading and filling permit;
(k)
Elevations, sections, profiles, and details as needed to describe
all natural and artificial features of the project;
(l)
Soil erosion control and overland runoff control measures, including
runoff calculations as appropriate;
(m)
Detailed construction schedule;
(n)
Copies of permits or permit applications required by any other
governmental entities or agencies;
(o)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
(p)
Location of all stormwater management practices;
(q)
All existing and proposed drainage features;
(r)
The location and area of all proposed impervious surfaces; and
(s)
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.
(9)
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 450-11D(4).
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 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 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 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: 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 Hydrologic Soil Group (HSG) A,
68 for HSG B, 79 for HSG C, and 83 for HSG D. The TR-55 specified
curve numbers for other land uses on 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.[2]
(4)
Runoff rate control: design standards. Except for redevelopment projects,
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)
Safely pass the one-hundred-year, twenty-four-hour storm event
(6.0 inches over 24 hours' duration).
(5)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying 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)
For both residential and nonresidential developments, 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.[3]
(b)
The runoff curve numbers used in calculating predevelopment
conditions shall be based on the predevelopment land uses. For agricultural
land, the maximum runoff curve number (RCN) used in calculating predevelopment
conditions shall be 51 for hydrologic soil group (HSG) A, 68 for HSG
B, 78 for HSG C, and 83 for HSG D.[4]
(c)
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 the annual predevelopment recharge rate.
The annual predevelopment recharge rate shall be determined from Wisconsin
Geological and Natural History Survey's 2009 report "Groundwater Recharge
in Dane County, Estimated by a GIS-Based Water-Balanced Model," or
subsequent updates to this report, or by a site-specific analysis
using other appropriate techniques. If this alternative design approach
is taken, at least 2% of the site must be used for infiltration.[5]
(d)
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
to protect groundwater quality.
(e)
Prohibitions. Notwithstanding Subsection B(6)(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 upgradient or within 100 feet downgradient
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 § 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 § 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 a five-foot
soil layer with 10% 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.
(f)
Alternate use of 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.
(g)
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 preventive 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 preventive
action limit is not achievable, the infiltration system may not be
installed or shall be modified to prevent infiltration to the maximum
extent practicable.
(7)
Thermal control.
(a)
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 (DNR) as:
[1]
A cold water community as identified through § NR 102.04(3)(a)
or 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.
[2]
Rivers or streams proposed by the Wisconsin Department of Natural
Resources as cold water communities and Class I, II, and III trout
streams.
(b)
The stormwater management plan does not have to meet the requirement in Subsection B(7)(a) 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.
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.
A.
Conditions. Off-site stormwater management is allowed, provided that
all of the following conditions for the off-site facility are met:
B.
Fees in lieu. Developments served by off-site stormwater management
facilities will be charged a fee in lieu of detention. Fees in lieu
will be set by the Village and based on the level of service provided
to the applicant by the off-site facility.
C.
Temporary facilities. Permit applicants may be required to install and maintain temporary facilities designed to meet the standards of this chapter if an off-site facility that will serve the proposed development is planned but does not yet meet the conditions of Subsection A. Temporary facilities must be maintained by the applicant until such time that the off-site facility meets the conditions of Subsection A. Applicants required to install and maintain temporary facilities will also be charged a fee in lieu.
A.
Technical design standards. The design of all best management practices
designed to meet the requirements of this chapter shall comply with
the following technical standards:
(1)
Natural Resources Conservation Service's Wisconsin Field Office
Technical Guide, Chapter 4, or its successor.
(2)
Applicable construction or erosion control standards by the Wisconsin
Department of Natural Resources.
(3)
Any other technical methodology approved by the Dane County Conservationist.
B.
Best management practice manual. Applicants may refer to the Dane
County Erosion Control and Stormwater Management Manual for more information
on erosion control and stormwater management practices for meeting
the standards of this chapter. The manual is available from the Dane
County Lakes and Watershed Commission.
A.
Appeals.
(1)
Any person aggrieved by any decision of the Village agent pursuant
to this chapter may appeal to the Zoning Board of Appeals. Such appeal
shall be taken within 45 days after the challenged decision, order,
determination or inaction being appealed. A fee amount set by the
Village by resolution must accompany any appeal request. 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 Zoning Board of Appeals the record
upon which the action appealed from was taken.
(2)
The 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 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 Zoning Board of Appeals
shall be necessary to reverse the decision of the Village agent.
(5)
Once an appeal has been filed on a matter, no other appeal on the
same order, decision, determination or inaction will be allowed. Appeals
shall consolidate appeals whenever 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.
Variances.
(1)
An applicant may include in the application a request for a variance from the requirements of § 450-12 or 450-13. No variance shall be granted unless the applicant demonstrates and the Village agent 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;
(d)
The project will have no impact upon any of the stated purposes of this chapter as set forth in § 450-4;
(e)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(f)
The net cumulative effect of the variance will not impact downstream
conditions; and
(g)
Existing regional facilities are shown to meet the performance
standards of this chapter.
(2)
If all of the conditions set forth in Subsection B(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.
A.
Permit fees. For either an erosion control permit or a stormwater
management permit, a nonrefundable application fee shall be paid by
the applicant in an amount as specified in the Village's annual
fee schedule resolution.
B.
Other fees. In addition to the fees specified under Subsection A, the applicant for an erosion control permit or stormwater management permit shall reimburse the Village for all administrative, engineering, inspection, consulting, and legal fees incurred by the Village in connection with the entire permit and installation process under § 450-11. To guarantee payment of such fees, the applicant shall deposit such sum as listed in the Village's annual fee resolution with the Village at the time the application is submitted. If all of the expenses incurred by the Village are reimbursed timely, the fee deposit shall be refunded within 30 days after the application is rejected or a permit is issued. If the applicant fails to reimburse the Village within 30 days of any billing, the Village will take action according the procedure described in Chapter 600, Subdivision of Land, of this Code.
