This chapter is adopted by the Village of Dane under the authority
of § 61.354, Wis. Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
AFFECTED
That a regulated activity has significantly:
A.
Caused negative impacts on water quality or the use or maintenance
of one's property or business; or
B.
Endangered one's health, safety, or general welfare.
AGRICULTURAL
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.
BEST MANAGEMENT PRACTICE
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.
COLD WATER COMMUNITY
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].
EXCAVATION
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.
EXISTING DEVELOPMENT
Buildings and other structures and impervious area existing
prior to ordinance adoption.
FILL
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.
FINANCIAL SECURITY INSTRUMENT
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, or similar guarantees submitted to the Village of
Dane Board to assure that requirements of this chapter are carried
out in compliance with the stormwater management plan.
GULLY EROSION
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
HEAVILY DISTURBED SITE
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
HYDROLOGIC SOIL GROUP (HSG)
The meaning used in the runoff calculation methodology promulgated
by the United States Natural Resources Conservation Service Engineering
Field Manual for Conservation Practices.
IMPERVIOUS SURFACE
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 Board.
INFILTRATION
The process by which rainfall or runoff seeps into the soil.
LAND-DISTURBING ACTIVITIES
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.
LIGHTLY DISTURBED SITE
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
NEW DEVELOPMENT
Any of the following activities:
A.
Structural development, including construction of a new building
or other structures;
B.
Expansion or alteration of an existing structure that results
in an increase in the surface dimensions of the building or structure;
C.
Land-disturbing activities; or
D.
Creation or expansion of impervious surface.
NONEROSIVE VELOCITY
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.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak
into the ground.
PLAN
An erosion control plan required by §
275-5 or a stormwater management plan required by §
275-6.
PLAN REVIEW AGENCY
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 the local stormwater and
erosion control ordinance.
PLAT REVIEW OFFICER
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.
POST-DEVELOPMENT
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 predevelopment and post-development stormwater
peak flows as required by this chapter.
PREDEVELOPMENT
The extent and distribution of land cover types present before
the initiation of 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 predevelopment and post-development stormwater
peak flows as required by this chapter. In a situation where cumulative
impervious surface created after the adoption of this chapter exceeds
the threshold of 20,000 square feet, the predevelopment conditions
shall be those prior to any land disturbance.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 4,000
square feet of land disturbance performed on sites where the entire
existing site is predominantly developed to commercial, industrial,
institutional or multifamily residential uses.
RUNOFF CURVE NUMBER (RCN)
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
SEDIMENT
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.
SEDIMENTATION
The deposition of eroded soils at a site different from the
one where the erosion occurred.
SHEET AND RILL EROSION
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.
SITE
The bounded area described in an erosion control plan or
stormwater management plan.
SLOPE
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
SOIL LOSS RATE
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.
STORM EVENT
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.
STORMWATER
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snowmelt or icemelt event.
STORMWATER MANAGEMENT
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
STORMWATER RUNOFF
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.
STREET RECONSTRUCTION
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
STRUCTURE
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.
UNNECESSARY HARDSHIP
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.
VILLAGE BOARD
The municipal staff, agency or contracted entity charged
by the local unit of government with responsibility for enforcing
stormwater and erosion control ordinances.
Unless expressly exempted by §
275-7, an erosion control permit under §
275-9 shall be required, and all construction site erosion control provisions of this chapter shall apply to any of the following activities in the Village of Dane:
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 Village
Board 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 Board shall be in writing,
unless waived by the applicant.
Unless otherwise exempted by §
275-7, a stormwater control permit under §
275-9 shall be required, and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village of Dane:
A. Any development(s) after the adoption date of this chapter that result(s)
in the cumulative addition of 20,000 square feet of impervious surface
to the site;
B. Any development that requires a subdivision plat, as defined in applicable
local land division ordinance(s);
C. 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;
E. Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
Village Board 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 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.
Off-site stormwater management is allowed, provided that all
of the following conditions for the off-site facility are met:
A. The facility is in place.
B. The facility is designed and adequately sized to provide a level
of stormwater control that at least meets the standards of this chapter.
C. The facility has a legally obligated entity responsible for its long-term
operation and maintenance.
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. Wisconsin Department of Natural Resources' "Wisconsin Construction
Site Best Management Practice Handbook," or its successor.
C. Any other technical methodology approved by the Dane County Conservationist.
The Village Board has established the following fee schedule
for erosion control and stormwater management permits:
A. Major land-disturbing activities. The application fee for a major land-disturbing activity permit shall be as set forth in Chapter
A150, Fees. In addition to this fee, before any permit will be issued, the applicant shall pay the Village for all costs incurred by the Village for review and inspection of the project.
B. Minor land-disturbing activities. The application fee for a minor land-disturbing activity permit shall be as set forth in Chapter
A150, Fees, except, where a building permit fee is paid in connection with the same activity, then a fee as set forth in Chapter
A150, Fees, shall be paid in order to obtain the necessary land-disturbing activity permit.