The Village of Bellevue 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 Bellevue.
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 waters of the state in the Village of Bellevue.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village of Bellevue to administer this chapter.
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.
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 Village of Bellevue 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. A long-range planning
document that describes separate construction projects, such as a
twenty-year transportation plan, is not a common plan of development.
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 where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
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 Bellevue are: one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches;
twenty-five-year, 4.4 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.
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.
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 that employ equivalent permanent stabilization measures.
GOVERNING BODY
The Village Board of Trustees of the Village of Bellevue,
Brown County, Wisconsin.
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.
MEP or MAXIMUM EXTENT PRACTICABLE
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 the performance standards
and may vary based on the performance standard and site conditions.
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
or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to 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.
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 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 is proposed
in the permit application.
STOP-WORK ORDER
An order issued by the Community Development Director, Director
of Public Works or designee which requires that all construction activity
on the site be stopped.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area
where additional practices beyond those contained in this chapter,
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.
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.
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 chapter.
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 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 of Bellevue 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 offices
or on the website.
If land-disturbing construction activities are being carried
out without a permit required by this chapter, the Community Development
Director or designee may enter the land pursuant to the provisions
of § 66.0119(1), (2) and (3), Wis. Stats.