[Adopted as Title 15, Ch. 4, of the 1995 Code; amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Village Board acknowledges 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 Fredonia.
It is the purpose of this article to maintain safe and healthful
conditions; prevent and control water pollution; prevent and control
soil erosion and sediment discharge; 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 Fredonia.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, empowered under § 61.354
Wis. Stats., that is designated by the Village Board to administer
this article.
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 Director of Public Works 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 Director of Public Works.
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. A long-range planning document
that describes separate construction projects, such as a twenty-year
transportation improvement plan, is not a 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.
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.
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
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
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.
MAXIMUM EXTENT PRACTICABLE
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 §
266-6 of this article.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Director of Public Works
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
The landowner or any other entity performing services to
meet the requirements of this article 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.
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 is proposed
in the permit application.
STOP-WORK ORDER
An order issued by the Director of Public Works which requires
that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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.
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 article demonstrates to the Director
of Public Works' 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.
All BMPs required for compliance with this article shall meet
design criteria, standards and specifications based on any of the
following:
A. Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subch. V of Ch.
NR 151, Wis. Adm. Code.
B. Soil loss prediction tools [such as the Universal Soil Loss Equation
(USLE)] when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
C. Technical standards and methods approved by the Director of Public
Works.
The fees referred to in other sections of this article shall
be established by the Director of Public Works and may from time to
time be modified by resolution. A schedule of the fees established
by the Director of Public Works shall be available for review in the
Village office.
If land-disturbing construction activities are occurring without
a permit required by this article, the Director of Public Works may
enter the land pursuant to the provisions of § 66.0119(1),(2),
and (3), Wis. Stats.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this article unconstitutional or invalid,
the remainder of the article shall remain in force and not be affected
by such judgment.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board 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, drainage ways, and other minor drainage facilities.
As used in this article, 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 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 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.
BUSINESS DAY
A day the office of the Director of Public Works 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 Director of Public Works.
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
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.
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.
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
that employ equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works by the responsible party to assure that requirements
of the ordinance are carried out in compliance with the stormwater
management plan.
GOVERNING BODY
Town Board of Supervisors, County Board of Supervisors, City
Council, Village Board of Trustees or Village Council.
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.
IN-FILL
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 road side 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 article as determined in accordance with §
266-22 of this article.
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.
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 # 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 Director of Public Works
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 Director of Public Works 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.
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,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
The landowner or any other entity performing services to
meet the requirements of this article through a contract or other
agreement. "Runoff" means 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 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 Director of Public Works 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 under gone 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.
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 to 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 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
No. 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 article demonstrates to the Director
of Public Works' 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 standards of this article:
A. Consistent with the technical standards identified, developed or
disseminated by the Wisconsin Department of Natural Resources under
Subch. 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 Director
of Public Works.
The fees referred to in other sections of this article shall
be established by the Director of Public Works and may from time to
time be modified by resolution. A schedule of the fees established
by the Director of Public Works shall be available for review in the
Village Clerk-Treasurer's office.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to Chapter
19, Article
III, of the Village's Code, pursuant to § 61.354(4)(b), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this article. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this article that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.