The City of Muskego acknowledges 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.
H. Aggravate excessive infiltration and inflow of water into sanitary
sewer connections during peak storm events causing the conveyance
system to surcharge, overflow, or back up into basements.
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 stream bank or lake shore
is preserved. "Self-sustaining vegetative cover" includes grasses,
forbs, sedges and duff layers of fallen leaves and woody debris.
ADMINISTERING AUTHORITY
A governmental employee empowered under § 62.234,
Wis. Stats., that is designated by the Council 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 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 municipality.
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 and/or manage the rate or volume
of runoff.
BUSINESS DAY
A day the offices of the City of Muskego are 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 City of Muskego.
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.
CRITICAL TIME
The period starting at the time of peak rainfall intensity
with a duration equal to the time of concentration of the watershed.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries, or depressional groundwater recharge areas over shallow
fractured bedrock.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building
sites of 20 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
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 City of Muskego
by the responsible party to assure that requirements of this chapter
are carried out in compliance with the stormwater management plan.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been allowed, permitted, or approved by a government
agency prior to the adoption of this chapter.
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, gravel or paved parking lots and streets are
examples of areas that typically are impervious.
INFILL
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or 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.
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
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with §
309-6 of this chapter.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
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. MSE3 is applicable for Waukesha
County.
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 City of Muskego 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 City of Muskego 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.
PRE-DEVELOPMENT 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.
PRETREATMENT
The practice of reducing pollutants in stormwater before
discharging the stormwater to a wetland or another pollution control
structure.
PUBLIC RIGHT-OF-WAY
Any road, alley, street, parking lot, sidewalk, plaza, mall,
or pathway owned by or dedicated to a governmental unit.
RECREATION TRAIL
A path that is:
A.
Distinctly set apart from a roadway, street, or sidewalk;
B.
Designed for activities such as jogging, walking, hiking, bird
watching, bicycle riding, roller-skating, or other recreation not
involving the use of motorized vehicles; and
C.
Not a sidewalk according to § 340.01(58), Wis. Stats.
REDEVELOPMENT
Areas where development is replacing older development.
REGIONAL FLOOD
The peak flow and peak elevations of water with a one-percent
probability of occurring during any one year, considering rainfall
time and intensity patterns, rainfall duration, area distribution,
antecedent moisture, and snow melt.
RESPONSIBLE PARTY
The landowner or any other entity performing services to
meet the requirements 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.
RUNOFF MANAGEMENT SYSTEM
The complete combination of structural and nonstructural
means used to reduce the rate or volume of runoff from a particular
area, including but not limited to facilities constructed for conveyance
and storage, management practices, and the protection, creation, or
restoration of natural areas or systems such as vegetated swales,
prairies, and wetlands for storage, conveyance, or infiltration.
RUNOFF RELEASE RATE
The volume of stormwater flowing off of development per unit
of time and area.
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 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 City of Muskego which requires that
all construction activity on the site be stopped.
STORM DRAINAGE SYSTEM
Any publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
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
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.
TIME OF CONCENTRATION
The time required for the point furthest from the outlet
of the watershed to contribute to flow at the outlet of the watershed.
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, which is incorporated by reference for this chapter.
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 of Natural Resources
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 in 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, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates to the City
Engineer's or 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 discharge, and infiltration components of stormwater practices
needed to meet the water quality and quantity standards of this chapter:
A. Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subchapter V of Ch. 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 City
Engineer or his designee.
C. The most recent rainfall data identified by the Southeastern Wisconsin
Regional Planning Commission shall be used for the analyses required
by Chapter 13 of the Milwaukee Metropolitan Sewerage District rules
as implemented and enforced by the City of Muskego.
The fees referred to in other sections of this chapter shall
be established by City of Muskego and may from time to time be modified
by resolution. A schedule of the fees established by the City of Muskego
shall be available for review in the City Hall, W182 S8200 Racine
Avenue, Muskego, Wisconsin, 53150.