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 Greenville.
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 Greenville.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee or their designees empowered under
§ 61.354, Wis. Stats., to administer this chapter. For the
purpose of this chapter, it is the Village of Greenville Public Works
Department under guidance from the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
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 administering authority 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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Village of Greenville 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; fifty-year, 4.9 inches; and 100-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Village of Greenville are: one-year, 2.14 inches; two-year, 2.45
inches; five-year, 3.01 inches; ten-year, 3.51 inches; twenty-five-year,
4.24 inches; fifty-year, 4.85 inches; and 100-year, 5.50 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
Means 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 that employ equivalent permanent stabilization measures.
GOVERNING BODY
The Board of Trustees of the Village of Greenville.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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
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 administering authority'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.
MSE4 DISTRIBUTION
A specific precipitation distribution developed by the USDA,
NRCS, using precipitation data from Atlas 14.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the administering authority
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, snowmelt 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 administering authority 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 BMP, material, device
or method.
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.
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 Greenville 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
office.
Whenever land-disturbing construction activities are being carried
out, the administering authority may enter the land pursuant to the
provisions of § 66.0119(1), (2), and (3), Wis. Stats.
In any particular case where the landowner can show that, by
reason of exceptional topography or other physical condition, strict
compliance with any requirement of this chapter would cause unnecessary
hardship, the Board of Appeals may grant a variance, provided that
such relief may be granted without detriment to the public good and
without impairing the intent and purpose of this chapter or the desirable
general development of the Village. No variance shall be granted by
the Board which is contrary to provisions of the Wisconsin Administrative
Code or the Wisconsin Statutes.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
Nothing in this chapter creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
municipality which has adopted this chapter than those minimum requirements
specifically required by State of Wisconsin Statutes and Department
of Natural Resources regulations.
This chapter shall be in force and effect from and after its
adoption and publication. The above and foregoing chapter was duly
adopted by the Village Board of the Village of Greenville on the 27th
day of March 2017.