A.Â
This chapter is adopted by the Town of Grand Chute Board under the
authority granted by § 60.627, Wis. Stats. This chapter
supersedes all provisions of an ordinance previously enacted under
§ 60.62, Wis. Stats., that relate to construction site erosion
control. Except as otherwise specified in § 60.627, Wis.
Stats., the provisions of § 60.62, Wis. Stats., apply to
this chapter and to any amendments to this chapter.
B.Â
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.Â
The Town of Grand Chute Board hereby designates the Plan Commission
and the Community Development Department to administer and enforce
the provisions of this chapter.
D.Â
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)Â
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)Â
Targeted performance standards promulgated in rules by the Wisconsin
Department of Natural Resources under § NR 151.004, Wis.
Adm. Code.
The Town of Grand Chute 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 Town of Grand Chute.
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 Town of Grand Chute.
A.Â
Applicability.
(1)Â
Where not otherwise limited by law, this chapter applies to all construction sites, unless the site is otherwise exempt pursuant to § 275-4A(2) or (3):
(a)Â
A permit is required for a construction site with 4,000 square feet or greater of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a permitted site, including the performance standards pursuant to § 275-7B, the permit requirements pursuant to § 275-8, and the plan requirements pursuant to § 275-9.
(b)Â
A permit is not required for a construction site with less than 4,000 square feet of land disturbing construction activity. However, the responsible party shall comply with all applicable provisions of this chapter for a nonpermitted site, including the performance standards pursuant to § 275-7A.
(c)Â
Notwithstanding the applicability requirements in § 275-4A(1)(a) and (b), a permit is required for a construction site with less than 4,000 square feet of land disturbing construction activity if the administering authority determines that permit coverage is needed in order to improve chapter compliance, meet targeted performance standards, or protect waters of the state. If it is determined that a permit is required, the responsible party shall comply with all applicable provisions of this chapter pertaining to a permitted site, including the performance standards pursuant to § 275-7B, the permit requirements pursuant to § 275-8, and the plan requirements pursuant to § 275-9.
(d)Â
Utility work and other disturbances of a continuous distance
of 100 feet of road ditch, nonagricultural grass waterway or other
nonagricultural land area where drainage occurs in a watercourse.
(3)Â
A construction site exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity, shall comply with the performance standards pursuant to § 275-7A if less than one acre of land disturbing construction activity. The performance standards pursuant to § 275-7B, permit requirements pursuant to § 275-8, and plan requirements pursuant to § 275-9 are not applicable.
B.Â
Jurisdiction. This chapter applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Town of Grand Chute.
C.Â
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under § 281.33(2), Wis. Stats.
A.Â
For the purpose of this chapter, the following shall apply as indicated
throughout the chapter:
(1)Â
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation, as well as an individual.
(2)Â
The present tense includes the future tense, and the singular includes
the plural.
(3)Â
The word "shall" is mandatory; the word "may" is permissive.
(4)Â
The word "used" or "occupied" also means intended, designed or arranged
to be used or occupied.
B.Â
ADMINISTERING AUTHORITY
AGRICULTURAL ACTIVITY AREA
AGRICULTURAL PRODUCTION AREA
ATLAS 14
BEST MANAGEMENT PRACTICES
BUSINESS DAY
CEASE-AND-DESIST ORDER
COMMON PLAN OF DEVELOPMENT OR SALE
CONSTRUCTION SITE
DESIGN STORM
DEVELOPMENT
DIVISION OF LAND
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXTRATERRITORIAL
FINAL STABILIZATION
GOVERNING BODY
LAND DISTURBING CONSTRUCTION ACTIVITY
MAXIMUM EXTENT PRACTICABLE
MSE4 DISTRIBUTION
OFF SITE
ON SITE
PERFORMANCE STANDARD
PERMIT
PERMIT ADMINISTRATION FEE
POLLUTANT
POLLUTION
PROTECTIVE AREA
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SEPARATE STORM SEWER
SILVICULTURE ACTIVITIES
SITE
STOP-WORK ORDER
TARGETED PERFORMANCE STANDARD
TECHNICAL STANDARD
TOTAL MAXIMUM DAILY LOAD
TP-40
TR-55
TYPE II DISTRIBUTION
WATERS OF THE STATE
Definition of terms. For the purpose of this chapter, the following
terms are defined:
A governmental employee or their designees empowered under
§ 60.627, Wis. Stats., to administer this chapter. For the
purpose of this chapter, it is the Town of Grand Chute Community Development
Department under guidance from the Plan Commission.
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.
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.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
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. Also referred to as "BMPs."
A day the office of the administering authority is routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
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.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development.
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 Town of Grand Chute 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 one-hundred-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Town of Grand Chute 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 one-hundred-year, 5.50 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
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.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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.
The point in time when 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.
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
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.
Also referred to as "disturbance."
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.
Also referred to as "MEP."
A specific precipitation distribution developed by the USDA,
NRCS, using precipitation data from Atlas 14.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization by the administering authority to
the applicant, granting permission to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
A sum of money paid to the administering authority by the
permit applicant for the purpose of recovering the expenses incurred
by the authority in administering the permit.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. For the purposes
of this chapter, a protective area does not include any area of land
adjacent to any stream enclosed within a pipe or culvert, such that
runoff cannot enter the enclosure at this location.
Any entity holding fee title to a property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
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:
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.
The entire area included in the legal description of the
property on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the administering authority that requires
all construction activity on the site be stopped.
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.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a BMP, material,
device or method.
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. Also referred to as "TMDL."
The Technical Paper No. 40, Rainfall Frequency Atlas of the
United States, published in 1961.
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.
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.
Has the meaning given in § 283.01(20), Wis. Stats.
