It is the purpose of this chapter to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land disturbing construction
activity to the municipal separate storm sewer system (MS4) and waters
of the state.
The Village Board finds that runoff from land disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the Village of Allouez.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
The Public Works Director who is hereby designated by the
Village Board to administer this chapter.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this chapter, "average annual
rainfall" means measured precipitation in Green Bay, Wisconsin, between
March 29 and November 25, 1969.
BEST MANAGEMENT PRACTICE (BMP)
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to the MS4 or waters of the state.
BUSINESS DAY
A day the Village 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.
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 TR-55, Type II, twenty-four-hour
design storms for the Village of Allouez are: one-year, 2.2 inches;
two-year, 2.5 inches; ten-year, 3.8 inches; and one-hundred-year,
5.3 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
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.
EROSION
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
FINAL STABILIZATION
All land disturbing construction activities at the construction
site have been completed and 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 employment of equivalent permanent stabilization measures.
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 sediment into the MS4 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.
MAXIMUM EXTENT PRACTICABLE (MEP)
The highest level of performance that is achievable but is
not equivalent to the performance standard identified in this chapter.
Maximum extent practicable applies when the permit applicant demonstrates
to the Public Works Director'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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
As defined in Ch. NR 216, Wis. Adm. Code, 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 all the following criteria:
A.
Owned or operated by a municipality.
B.
Designed or used for collecting or conveying stormwater.
C.
Which is not a combined sewer conveying both sanitary and storm
water.
D.
Which is not part of a publicly owned wastewater treatment works
that provides secondary or more stringent treatment.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Public Works Director
to the applicant to conduct land disturbing construction activity
or to discharge post-construction runoff to the MS4 or waters of the
state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
PROTECTIVE AREA
Has the meaning given in Chapter
387, Post-Construction Stormwater Management, of the Village Code.
RESPONSIBLE PARTY
Any entity holding fee title to the property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
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 solids material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
SITE
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
STOP-WORK ORDER
An order issued by the Public Works Director which requires
that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The amount of pollutants specified as a function of one or
more water quality parameters that can be discharged per day or per
year into a water quality limited water body and still ensure attainment
of the applicable water quality standard.
TR-55
The United States Department of Agriculture, Natural Resources
Conservation Service (NRCS), Urban Hydrology for Small Watersheds,
Second Edition, Technical Release 55, June 1986, which is incorporated
by reference for this chapter.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Natural Resources Conservation Service,
Technical Paper 149, published 1973, which is incorporated by reference
for this chapter. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the Village Hall.
If land disturbing construction activities are being carried
out without a permit required by this chapter, the Public Works Director
may enter the land pursuant to the provisions of § 66.0119(1),
(2) and (3), Wis. Stats.
The Construction Site Erosion Control Technical Reference Guide
is hereby incorporated into this chapter. The Technical Reference
Guide is intended to assist in interpretation and implementation of
this chapter.