The Village 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, and 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 chapter, 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
The Public Works Director who is hereby designated by the
Village Board to administer this chapter.
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 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 issued
by the Public Works Director or Building Inspector as appropriate.
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 that is directly connected to a separate
storm sewer or water of the state via an impervious 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 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; 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.
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.
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.
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,
and engineered soil with an equivalent level of protection as determined
by the regulatory authority for the site.
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.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Public Works
Director by the responsible party to assure that requirements of this
chapter are carried out in compliance with the stormwater management
plan.
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 areas
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
INFILL AREA
A new development area less than five acres in size that
is located within existing urban sewer service areas, surrounded by
already existing development or existing development and natural or
man-made features where development cannot occur.
INFILTRATION
The entry of precipitation or runoff into or through the
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.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
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.
LANDOWNER
Any person holding fee title, an easement or other interest
in property which allows the person to undertake cropping, livestock
management, land disturbing construction activity or maintenance of
stormwater BMPs on the property.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
MAXIMUM EXTENT PRACTICABLE (MEP)
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within 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 issues such as human safety
and welfare, endangered and threatened resources, historic properties
and geographic features. Maximum extent practicable allows flexibility
in the way to meet the performance standards and may vary based on
the performance standard and site conditions.
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.
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.
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 pre-development condition is classified as new development.
NRCS MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
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 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.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Village of Allouez 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. For purposes of
this chapter, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
POST-DEVELOPMENT
The extent and distribution of land cover types present after
the completion of land disturbing construction activity and final
stabilization.
PRE-DEVELOPMENT
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.
PROTECTIVE AREA
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
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 pre-development condition is classified
as redevelopment.
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 pre-development
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 that 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 pre-development impervious surface is disturbed
or if the soil located beneath the impervious surface is exposed.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
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 Public Works Director 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 under gone 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.
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 (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
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.
TRANSPORTATION FACILITY
A public street, a public road, a public highway, 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.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. 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,
and fueling/vehicle maintenance components of stormwater practices
needed to meet the water quality standards of this chapter:
A. Technical standards identified, developed or disseminated by the
Wisconsin Department of Natural Resources under Subchapter V of Ch.
NR 151, Wis. Adm. Code.
B. Technical standards and guidance identified within the Technical Reference Guide identified in §
387-15.
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 Public
Works Director.
D. In this chapter, the following year and location have been selected
as average annual rainfall: Green Bay, 1969 (March 29 to November
25).
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.
The Post-Construction Stormwater Management Technical Reference
Guide is hereby incorporated into this chapter. The Technical Reference
Guide is intended to assist in interpretation and implementation of
this chapter.