This chapter shall be known, cited and referred to as the "Erosion
and Stormwater Runoff Control Ordinance."
This chapter is adopted by the City of Monona under the authority
of § 62.234 of the Wisconsin Statutes.
For the purposes of this chapter certain words used herein are
defined as follows:
ADMINISTRATIVE AUTHORITY
The governmental employee designated by the Common Council
to administer this chapter, and includes any other governmental employees
who are supervised by the said authority, for the implementation and
enforcement of this chapter. The Common Council has designated the
City of Monona Director of Public Works ("Director") to administer
this chapter.
AFFECTED
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 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 productions and
wild crop harvesting and includes lands used for on- site buildings
and other structures necessary to carry out such activities. Clearing
and grubbing of an area or structural development are not agricultural
activity.
AGRICULTURAL LAND USES
Alterations or disturbances of the land used for the commercial
production of food and fiber.
AVERAGE ANNUAL RAINFALL
The rainfall information for an average year as determined
by the information in the following rainfall file: WisReg-Madison
WI 1981. RAN. This file represents a synthetic rainfall record for
the Madison area of 1981 from March 12 through December 2.
BANK EROSION
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
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.
CEASE-AND-DESIST ORDER
A means of giving notice to the permittee or violator that
the Director believes that the permittee or violator has violated
one or more provisions of this chapter. Notice is given by posting
upon the lands where the disturbing activity occurs one or more copies
of a poster so stating the violation and by mailing a copy of this
poster by certified mail to the permittee or violator at the address
shown on the permit or to the violator at any address of record.
CHECKLIST PLAN
An erosion control plan available from the Director, which
is designed to control soil erosion and sedimentation resulting from
land-disturbing activities on sites less than 20,000 square feet and
less than 6% slopes.
CLOSED WATERSHED
An area that does not have a surface outlet, with water only
able to leave through evaporation, infiltration, or mechanical means.
For the purposes of this ordinance, the following are considered closed
watersheds:
A.
Internally drained watersheds that are at least 20,000 square
feet in area and at least one foot in depth from invert to lowest
surface outlet.
B.
Watersheds with no surface outlet discharges from a two-year,
twenty-four-hour design storm.
C.
Areas that have historically not drained through surface outlets,
as determined by the Director.
CONNECTED IMPERVIOUS
An impervious surface that directly drains to a separate
storm sewer or water of the state via an impervious or concentrated
flow path.
CONTROL PLAN
(Erosion and sediment control plan and runoff control plan)
A plan approved by the Director of methods for controlling soil erosion,
surface water runoff and sediment deposition caused by or resulting
from land-disturbing activities.
DESIGN STORM
A hypothetical rainstorm that occurs with a specified recurrence
interval in Dane County. For example, a ten-year, twenty-four-hour
design storm defines a rainstorm that occurs over 24 hours, with a
recurrence interval of 10 years. The amounts associated with these
storms are further defined as follows:
A.
One-year, twenty-four-hour design storm equals 2.49 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
B.
Two-year, twenty-four-hour design storm equals 2.84 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
C.
Ten-year, twenty-four-hour design storm equals 4.09 inches over
24 hours duration using the MSE4 NRCS rainfall distribution.
D.
One-hundred-year, twenty-four-hour design storm equals 6.66
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
E.
Two-hundred-year, twenty-four-hour design storm equals 7.53
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
F.
Five-hundred-year, twenty-four-hour design storm equals 8.94
inches over 24 hours duration using the MSE4 NRCS rainfall distribution.
DETENTION STORAGE
The temporary detaining or storage of stormwater in reservoirs
under predetermined and controlled conditions, with the rate of discharge
therefrom regulated by installed devices.
DEVELOPMENT
Any of the following activities:
A.
Structural development, including construction of a new building
or other structure;
B.
Expansion or alteration of an existing structure that results
in an increase in the ground surface dimensions of the building or
structure;
C.
Land disturbing activity; or
D.
Creation or expansion of impervious surfaces.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swalletts, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
DIRECTOR
The City of Monona Director of Public Works or appointed
designee.
DISCHARGE
Any discharge, release, or spill of any substance.
EASEMENT
An interest in land owned by another that creates a nonpossessory
right to enter and use the land of another and obligates the owner
not to interfere with the uses authorized by the easement.
EASEMENT HOLDER
The holder of a legally enforceable easement that authorizes
the activity on the land for which a permit is sought under this chapter,
including all required maintenance and access obligations.
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.
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 areas existing
prior to August 22, 2001.
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 resulting conditions.
FINAL STABILIZATION
All land disturbing activity has been completed and that
a uniform perennial vegetative cover with a density of at least 70%
has been established.
FINANCIAL SECURITY INSTRUMENT
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, or similar guarantees submitted to the City to assure
that requirements of the chapter are carried out in compliance with
the stormwater management plan.
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.
GREEN INFRASTRUCTURE
Practices that use plant or soil systems, permeable pavement
or other permeable surfaces or substrates, stormwater harvest and
reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater
and reduce flows to sewer systems or to surface waters. Green infrastructure
includes, but is not limited to, the following practices: rainwater
harvesting/reuse, rain gardens, bioretention systems, infiltration
basins, planters that are connected to roof drainage, vegetated swales,
permeable pavement, green roofs, and rain barrels.
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.
ILLICIT DISCHARGE
Any discharge not composed entirely of stormwater that reaches
a municipal storm sewer system, drainage way, or waterbody, except
those authorized by a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit or other discharge not requiring a WPDES permit such
as landscape irrigation, individual residential car washing, diverted
stream flows, uncontaminated groundwater infiltration, uncontaminated
pumped groundwater, discharges from potable water sources, foundation
drains, air-conditioning condensation, irrigation water, flows from
riparian habitats and wetlands, and similar discharges.
IMPERVIOUS SURFACE
Any land cover that prevents rain or melting snow from infiltrating
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 Director.
INFILTRATION
Precipitation that does not leave the site as surface runoff.
Also known as "stay-on."
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 road side channels designed for conveyance
and pollutant removal only.
LAND-DISTURBING ACTIVITY
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.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost-effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet performance standards and
may vary based on the performance standard and site conditions.
MUNICIPAL STORM SEWER SYSTEM
A conveyance or system of conveyances including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, constructed channels or storm drains, which meets the following
criteria:
A.
Owned or operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant
to state law) including special districts under state law such as
a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under
§ 208 of the Clean Water Act that discharges into waters
of the United States.
B.
Designed or used for collecting or conveying stormwater.
C.
Which is not a combined sewer conveying both sanitary wastewater
and stormwater.
D.
Which is not part of a publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
NEW DEVELOPMENT
Development that results in the cumulative increase of 20,000
square feet of impervious surface to a site since August 21, 2001.
Sites may be a combination of new development and redevelopment.
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.
PERMITTEE
A land owner or easement holder who has applied for a permit
under this chapter and is responsible for the requirements of the
permit.
PERSON
An individual, owner, operator, corporation, partnership,
association, limited liability company, municipality, interstate agency,
state agency or federal agency.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak
into the ground.
PLAN
An erosion control plan required by §
216-7 or a stormwater management plan required by §
216-8.
POST-DEVELOPMENT
Refers to the extent and distribution of land cover types
after proposed site development.
POTENTIALLY POLLUTING SUBSTANCE
Includes, but is not limited to, fuel oil, gasoline, solvents,
industrial liquids or fluids, milk, grease trap and septic tank wastes,
sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum
waste, dredged soil, solid waste, incinerator residue, sewage, garbage,
refuse, munitions, chemical wastes, biological materials, radioactive
substance, wrecked or discarded equipment, waste from mobile sources,
industrial, municipal and agricultural waste.
PRE-REDEVELOPMENT
Refers to the extent and distribution of land cover types
present before proposed redevelopment, assuming that all land uses
prior to redevelopment 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).
PREDEVELOPMENT
Refers to the extent and distribution of land cover types
present before proposed development, assuming that all land uses prior
to development 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). Where the cumulative
impervious surface created after August 21, 2001 exceeds 20,000 square
feet, the predevelopment condition shall be that prior to August 21,
2001.
PUBLIC LANDS
All government-owned lands which are subject to regulation
by the City, including but not limited to:
A.
All lands owned or controlled by the City.
B.
All lands which are owned by another unit of government.
REDEVELOPMENT
Development that replaces existing impervious surfaces or
results in the cumulative increase of less than 20,000 square feet
of impervious surface to a site since August 21, 2001 on sites predominately
developed as commercial, industrial, institutional of multifamily.
Sites may be a combination of new development and redevelopment.
RUNOFF
The portion of rainfall, melted snow or irrigation water
that flows across 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 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, including areas that are part of a larger
common plan of development.
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 moved from a given site because of land-disturbing activities
or by the forces of erosion and redeposited at another site on land
or in a body of water.
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.
SOIL STABILIZATION
The condition in which soil has been protected from the erosive
impacts of wind, rain, and stormwater runoff as determined by the
Director or appointed designee.
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 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.
STRUCTURAL MEASURES
Works of improvement for land stabilization to prevent erosion,
sediment or runoff.
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 lake bed.
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.
Unless expressly exempted by §
216-9, an erosion control permit under §
216-11 shall be required, and all construction site erosion control provisions of this chapter shall apply, to any of the following activities in the City of Monona:
A. Land-disturbing activity in excess of 4,000 square feet;
B. Land-disturbing activity that involves the excavation or filling,
or a combination of excavation and filling, in excess of 400 cubic
yards of material;
C. Land-disturbing activity that disturbs more than 100 lineal 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;
D. Any public or private roads or access drives longer than 125 feet;
E. Development that requires a plat, as defined in the applicable local
land division ordinance(s);
F. Land-disturbing activity that disturbs less than 4,000 square feet
of land, including the installation of access drives, that the Director
determines to have a high risk of soil erosion or water pollution
or that may significantly impact a lake, stream, wetland area, or
the City's stormwater infrastructure. Examples of activities
with a high risk of soil erosion or water pollution may include, but
are not limited to, land disturbance on slopes greater than 12%, erodible
soil or disturbance adjacent to lakes, rivers, streams or wetlands.
All such determinations made by the Director shall be in writing,
unless waived by applicant.
Unless otherwise exempted by §
216-9 a stormwater control permit under §
216-11 shall be required, and all stormwater management provisions of this chapter shall apply, to any of the following activities within the City of Monona:
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. Any development that requires a 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;
D. Land disturbing activity in excess of 4,000 square feet on sites
developed as commercial, industrial, institutional or multifamily;
E. Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
Director 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.
Purpose and intent. A preliminary review conference 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, 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 conference 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 preliminary review
conference is recommended for all large sites and small sites with
complex design, implementation and maintenance issues.
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 ordinance standards.
C. The facility has a legally obligated entity responsible for its long-term
operation and maintenance.
D. All required fees have been paid to the operator of the off-site
stormwater management.
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 Director.
The provisions of Chapter 50, Discharge of Pollutants to the
Waters of Dane County, Dane County Code of Ordinances, as may be amended
from time to time, are adopted by reference and made part of this
chapter as if set fourth in full. A violation of any such rules shall
constitute a violation of this section.
Permits are subject to a fee and violations of, or noncompliance
with, the provisions of this ordinance are subject to forfeitures
as prescribed in the Schedule of Fees, Fines and Forfeitures adopted
by the Common Council.
In addition to the requirements of this chapter, every person
required to obtain a permit hereunder shall comply with all applicable
regulations promulgated by state or federal agencies governing construction
site erosion control and stormwater runoff, as they may be amended
from time to time, including, but not limited to, the regulations
contained in Chapter NR 151, Wis. Adm. Code. Should the requirements
of this chapter conflict with the applicable state or federal requirements,
the more restrictive standard shall apply. Every application for a
permit under this chapter shall demonstrate compliance with all applicable
standards.