The Town Board finds that uncontrolled, post-construction runoff
has a significant impact upon water resources and the health, safety
and general welfare of the community and diminishes the public enjoyment
and use of natural resources. Specifically, uncontrolled post-construction
runoff can:
A. Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B. Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C. Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D. Reduce the quality of groundwater by increasing pollutant loading.
E. Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F. Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G. Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
As used in this article, the following terms shall have the
meanings indicated:
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
ADMINISTERING AUTHORITY
A governmental employee or agent that is designated by the
Town Board to administer this article.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
A typical calendar year of precipitation as determined by
the Wisconsin DNR for users of models such as SLAMM, P8, or equivalent
methodology. The average annual rainfall is chosen from a Wisconsin
DNR publication for the location closest to the municipality.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Town Hall is routinely and customarily
open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
A development or sale where multiple separate and distinct
land-disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
CONNECTED IMPERVIOUSNESS
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for Town of Lawrence are: one-year, 2.2 inches; two-year,
2.5 inches; five-year, 3.2 inches; ten-year, 3.7 inches; twenty-five-year,
4.3 inches; fifty-year, 4.8 inches; and one-hundred-year, 5.1 inches.
The Atlas 14, MSE4, twenty-four-hour design storms for the Town of
Lawrence are: one-year, 2.05 inches; two-year, 2.37 inches; five-year,
2.94 inches; ten-year, 3.45 inches; twenty-five-year, 4.22 inches;
fifty-year, 4.87 inches; and one-hundred-year, 5.56 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
DIVISION OF LAND
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
EXISTING DEVELOPMENT
Development in existence on October 1, 2004, or development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate
limits of a first-, second- or third-class city, or within 1.5 miles
of a fourth-class city or village.
FILTERING LAYER
Soil that has at least a three-foot-deep layer with at least
20% fines; or at least a five-foot-deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the administering authority for the site.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction
site have been completed and that a uniform, perennial, vegetative
cover has been established, with a density of at least 70% of the
cover, for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the administering
authority by the responsible party to assure that requirements of
this article are carried out in compliance with the stormwater management
plan.
GOVERNING BODY
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
HIGHWAY
Has the meaning given in § 340.01(22), Wis. Stats.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of surfaces
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
IN-FILL
An undeveloped area of land or new development area located
within an existing urban sewer service area, surrounded by development
or development and natural or man-made features where development
cannot occur. "In-fill" does not include any undeveloped area that
was part of a larger new development for which a stormwater permit
in accordance with Subchapter III of Ch. NR 216, Wis. Adm. Code, was
required to be submitted after October 1, 2004, to the Wisconsin Department
of Natural Resources or Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce).
INFILTRATION
The entry and movement of precipitation or runoff into or
through soil.
INFILTRATION SYSTEM
A device or practice, such as a basin, trench, rain garden
or swale, designed specifically to encourage infiltration but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
LAND-DISTURBING CONSTRUCTION ACTIVITY (or DISTURBANCE)
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this article.
Maximum extent practicable applies when the permit applicant demonstrates
to the administering authority's satisfaction that a performance standard
is not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
MINOR RECONSTRUCTION OF A HIGHWAY
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening, and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the USDA,
NRCS, using precipitation data from Atlas 14.
NEW DEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
OFF-SITE
Located outside the property boundary described in the permit
application.
ON-SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil which passes through
a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the administering authority
to the applicant to conduct land-disturbing construction activity
or to discharge post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the administering authority by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
POST-DEVELOPMENT
The extent and distribution of land cover types present after
the completion of land-disturbing construction activity and final
site stabilization.
PREDEVELOPMENT
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
REDEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
ROUTINE MAINTENANCE
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided the lower 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the predevelopment impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
D.
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITIES
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
SITE
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the administering authority which requires
that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area
where additional practices beyond those contained in this article
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants specified as a function of one or
more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
TP-40
The Technical Paper No. 40, Rainfall Frequency Atlas of the
United States, published in 1961.
TR-55
The United States Department of Agriculture Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this article.
TRANSPORTATION FACILITY
A public street, a public road, a public highway, a railroad,
a public mass transit facility, a public-use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under § 85.095(1)(b), Wis. Stats. "Transportation
facility" does not include building sites for the construction of
public buildings and buildings that are places of employment that
are regulated by the Wisconsin Department of Natural Resources pursuant
to § 281.33, Wis. Stats.
TYPE II DISTRIBUTION
A rainfall-type curve as established in the United States
Department of Agriculture Soil Conservation Service Technical Paper
149, published 1973, which is incorporated by reference for this article.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
The following methods shall be used in designing and maintaining
the water quality, peak discharge, infiltration, protective area,
fueling/vehicle maintenance, and swale treatment components of stormwater
practices needed to meet the water quality standards of this article:
A. Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Chapter
NR 151, Wis. Adm. Code.
B. Technical standards and guidance identified within the Town of Lawrence
Stormwater Reference Guide.
C. Where technical standards have not been identified or developed by
the Wisconsin Department of Natural Resources, other technical standards
may be used, provided that the methods have been approved by the administering
authority.
D. In this article, the following year and location have been selected
as average annual rainfall(s): Green Bay, 1969 (Mar. 29-Nov. 25).
The fees referred to in other sections of this article shall
be established by the Town Board and may from time to time be modified
by resolution. A schedule of the fees established by the Town Board
shall be available for review in the Town Hall.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
municipality which has adopted this article than those minimum requirements
specifically required by State of Wisconsin statutes and Department
of Natural Resources regulations.