The intent of this article is to reduce the amount of post-construction
stormwater and associated pollutants reaching waters of the state.
This article is designed to foster the consistent statewide application
of post-construction performance standards for new development and
redevelopment contained in Subchapters III and IV of Chapter NR 151,
Wis. Adm. Code.
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, 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
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
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 Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the Village of Saukville.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to 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 or in
violation of a permit issued by the Public Works Superintendent or
his/her designee.
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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DEVELOPMENT
The aggregate total footprint of residential, commercial,
industrial or institutional land uses including parking lots, roads
and driveways and other constructed noninfiltrative surfaces.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, non-metallic 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
five or fewer acres each in area 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.
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 regulatory 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 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 Village of
Saukville by the responsible party to assure that requirements of
this article are carried out in compliance with the stormwater management
plan.
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.
IN-FILL
An undeveloped area of land located within an existing urban
sewer system area, surrounded by development or 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 road side 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
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 waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
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 practices.
MAXIMUM EXTENT PRACTICABLE or MEP
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with §
205-119.4.1 of this article.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
NRCS MSE3 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.
ORDINARY HIGH-WATER MARK
Is defined in § NR 115.03(6), Wis. Adm. Code, as
the point on the bank or shore up to which the presence and action
of surface water is so continuous as to leave a distinctive mark such
as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Where the bank or shore at any particular place is of such character
that it is difficult or impossible to ascertain where the point of
ordinary high-water mark is, recourse may be had to the opposite bank
of a stream or to other places on the shore of a lake or flowage to
determine whether a given stage of water is above or below the ordinary
high-water mark.
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 Superintendent
or his/her designee 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 Village of Saukville 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.
PREDEVELOPMENT CONDITION
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,
measured as outlined in this article.
REDEVELOPMENT
Areas where development is replacing older development.
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.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
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 draining to a stormwater treatment device or system.
D.
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
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 Public Works Superintendent or his/her
designee 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
Is 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 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
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 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 Department pursuant to § 281.33,
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.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, drainage
systems and other surface water or groundwater, natural or artificial,
public or private, with this state or its jurisdiction.
Maximum extent practicable (MEP) applies when a person who is
subject to a performance standard of this article demonstrates to
the Public Works Superintendent or his/her designee'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
responsible party 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.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration 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. 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 Superintendent or his/her designee.
C. In this article, the following year and location has been selected
as average annual rainfall for water quality modeling purposes: Milwaukee,
1969 (March 28 through December 6).
The fees referred to in other sections of this article 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 at the Village Municipal Center.