This chapter is adopted under the authority granted by §§ 61.34(1),
61.35, 61.354, 62.23 and 236.45, Wis. Stats.
The Village of Blue Mounds finds that land uses have significantly
contributed to the process of soil erosion, runoff and sediment deposition
in waters located within or near the Village of Blue Mounds. It is,
therefore, declared to be the purpose of this chapter to control and,
if possible, prevent soil erosion and minimize water runoff increases
and, thereby, to preserve the natural resources, control floods and
prevent impairment of dams and reservoirs, protect the quality of
public waters and wetlands, prevent property damage, preserve wildlife,
protect the tax base, and protect and promote the health, safety and
general welfare of the people of the Village of Blue Mounds. This
chapter is in accordance with and consistent with Chapter 285, Zoning,
so far as practicable.
The purpose of this chapter is to regulate construction site
erosion and stormwater runoff, to accomplish the following objectives:
A. Promote regional stormwater management by watershed;
B. Minimize sedimentation, water pollution from nutrients, heavy metals,
chemical and petroleum products and other contaminants, flooding and
thermal impacts to the water resources of Blue Mounds;
C. Promote infiltration and groundwater recharge;
D. Protect functional values of natural watercourses and wetlands;
E. Provide a set of performance standards that are consistent with the
standards set forth by Dane County;
F. 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;
G. Ensure no increase in temperature of stormwater postconstruction
in order to protect cold-water communities;
H. Ensure no increase in the rate of surface water drainage from sites
during or after construction; and
I. 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 easement, 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.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirement
or interpretation shall control.
The following terms, wherever they appear in this chapter, are
defined as follows:
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 LAND USE
Alterations or disturbances of land for the commercial 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 structures
necessary to carry out such activities. Commercial forestry activities
are not included within agricultural land uses for purposes of this
chapter.
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) Wisconsin Administrative
Code].
COMMERCIAL
For the retail or wholesale sale of goods or services.
CONTROL PLAN
A written description of the control measurers (including
the number, locations, sizes and other pertinent information) designed
to meet the requirements of this chapter.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
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 conditions
resulting therefrom.
EXISTING DEVELOPMENT
Buildings and other structures and impervious area existing
prior to ordinance adoption.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
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 conditions resulting
therefrom.
FINANCIAL SECURITY INSTRUMENT
An irrevocable letter of credit or similar guarantees acceptable
to the Village of Blue Mounds Attorney to assure that requirements
of this chapter are carried out in compliance with the stormwater
management plan.
FORESTRY
The planting, management or harvesting of timber.
GRADING
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
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)
Has 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 local approval authority.
INFILTRATION
The process by which rainfall or runoff seeps into the soil.
LAND DEVELOPING ACTIVITIES
The construction or installation of any buildings, roads,
parking lots, paved storage areas, utility lines or similar facilities.
LAND-DISTURBING ACTIVITIES
Any man-made change to the land surface which may result
in soil erosion, sedimentation or increase in water runoff, including
but not limited to tilling, removal of vegetative cover, stockpiling
of soil, grading, excavating, livestock grazing and filling of land.
LAND TREATMENT MEASURES
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff.
LAND USER
Any person who uses land collectively or individually as
owner, operator, lessor or renters, or who occupies land by providing
work or service that requires alteration of the land, or any person
who has made other arrangements with a landowner which gives them
the responsibility for use of the land.
LANDOWNER
Any person holding title to or having an ownership interest
in 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.
LOCAL APPROVAL AUTHORITY
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for enforcing stormwater and erosion control ordinances.
LOCAL LAND DIVISION ORDINANCE
Any county, city, village or town ordinance adopted under
Chapter 236, Wis. Stats., to regulate the division of land.
MAJOR LAND-DISTURBING ACTIVITIES
Those activities where the land disturbance covers 20,000
square feet or more, the slope of the land is 6% or greater, where
a subdivision (as defined by Chapter 236, Wis. Stats.) is created,
or where the Village Engineer determines that special circumstances
due to topography, proximity to watercourses or relation to sensitive
environmental areas make the disturbance a major one.
MINOR LAND-DISTURBING ACTIVITIES
Those activities where the land disturbance covers less than
20,000 square feet and the activities do not otherwise fall within
the definition of "major land-disturbing 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.
NON-EROSIVE VELOCITY
A rate of flow of stormwater runoff, usually measured in
feet per second, which does not erode soils. Non-erosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
PARCEL
All contiguous lands under the ownership or control of a
land occupier or land user.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or event.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak
into the ground.
PLAN
An erosion control plan required by Chapter
170 or a stormwater management plan required by Chapter
170.
PLAN REVIEW AGENCY
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for reviewing stormwater and erosion control plans
under the local stormwater and erosion control ordinance.
PLAT REVIEW OFFICER
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for reviewing land divisions, certified survey
maps or subdivision plats, or any combination thereof, under Chapter
236 of the Wisconsin Statutes.
POSTDEVELOPMENT
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 postdevelopment stormwater
peak flows as required by this chapter.
PREDEVELOPMENT
Refers to 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 pre- and postdevelopment
stormwater peak flows as required by this chapter. In a situation
where cumulative impervious surface created after the adoption of
this chapter exceeds the twenty-thousand-square-foot threshold, the
predevelopment conditions shall be those prior to any land disturbance.
PUBLIC LANDS
All lands owned or controlled by any unit of government.
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
Includes but is not limited to ice or water flowing over
the ground surface.
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 material, mineral or organic, that is in suspension,
is being transported or has been moved from a site by air, water,
gravity or ice and has come to rest or has been deposited on the earth's
surface at another location.
SEDIMENTATION
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources; or the deposition of waterborne sediments in stream
channels, lakes, reservoirs, or on floodplains, usually because of
a decrease in the velocity of the water.
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 entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
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
Soil removed from a given site by land-disturbing activities
or by the forces of erosion, and redeposited at another site.
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 EVENTS
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.
STORM FREQUENCY
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
STORM SEWER
A closed conduit for conducting collected stormwater.
STORMWATER
The flow of water, which results from, and which occurs during
and immediately following, a rainfall, snow- or ice-melt 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 ice
melt within a tributary drainage basin, flowing over the ground surface
or collected in a water drainage system.
STREET RECONSTRUCTION
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
STRUCTURAL MEASURES
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.
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
The Village of Blue Mounds.
VILLAGE ENFORCEMENT AGENT
The persons or representative hired, appointed or retained
by the Village Board to routinely provide public works service, building
inspection or engineering services for the Village, and shall include
the Village Building Inspector, Village Engineer, Village Clerk/Treasurer,
or any other person designated by the Village Board or these particular
officers.
VILLAGE ENGINEER
The person or a representative of the firm appointed or retained
by the Village of Blue Mounds to routinely provide engineering services
for the Village.
WATER DRAINAGE SYSTEM
All facilities used for conducting runoff to, through or
from a drainage area to the point of final outlet including, but not
limited to, any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, reservoirs, detention
basins or ponds, storm sewers, streets, and pumping stations.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday or Friday, excluding,
however, any such day officially observed by the Village as a legal
holiday.
Unless otherwise specified herein, plans will not be approved nor permits issued unless erosion and sedimentation leaving the site during and after the land disturbance will not exceed that which would have been eroded if the land had been left in its undisturbed state and/or are controlled in accordance with established procedures, including, but not limited to, Minimizing Erosion in Urbanizing Areas, Wisconsin Construction Site Best Management Practice Handbook, or other technical guidelines as developed by the Dane County Land Conservation Department in cooperation with the Natural Resources Conservation Service, or the Department of Natural Resources or otherwise identified as acceptable to the Village Engineer and the Dane County Conservationist. Wisconsin Administrative Code § SPS 321.125 and DNR 216 shall herein be incorporated herein by reference. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply. In certain cases, the design criteria, standards, specifications and control measures may be modified by the Village Board as provided in §
170-11C of this chapter.
All control measures necessary to meet the requirements of this
chapter shall be maintained by the landowner and/or land user, and/or
permittee in a satisfactory manner to ensure adequate performance
and to prevent nuisance conditions during the period of land disturbance
and land development or for such longer period of time as specified
in the permit. Stormwater runoff control measures shall be maintained
in perpetuity. If the Village accepts a public dedication of a control
measure, then the Village will physically maintain the measure unless
otherwise agreed in writing. The method of payment of any or all of
the maintenance costs may be determined by the Village Board, as appropriate.
Notwithstanding any other provisions of this chapter, it shall be a violation of this chapter for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in §
170-20. Erosion and runoff is excessive when in the opinion of the Village Enforcement Agent an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Blue Mounds is otherwise threatened or harmed.
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 "A Field Office Technical
Guide, Chapter 4" or its successor;
B. Wisconsin Department of Natural Resources' "A Wisconsin Construction
Site Best Management Practice Handbook" or its successor;
C. Any other technical methodology approved by the Village Designee
and the Dane County Conservationist.