[HISTORY: Adopted by the Board of Supervisors of Washington
County as Ch. 17 of the 1998 Code; amended in its entirety by Ord. No. 2016-10. Subsequent amendments
noted where applicable.]
A.
This chapter is adopted by the County Board under the authority granted
by §§ 59.693 and 281.33, Wis. Stats. This chapter supersedes
all provisions of any ordinance previously enacted by Washington County
under §§ 59.693 and 281.33, Wis. Stats., that relate
to construction site erosion control and stormwater management.
B.
This chapter shall not preempt or supersede the more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, including
those authorized or promulgated pursuant to §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The County Board finds that construction site erosion and uncontrolled
stormwater runoff from land-disturbing construction activities have
significant adverse impacts upon local water resources and the health,
safety and general welfare of the community and diminish the public
enjoyment and use of natural resources. Specifically, soil erosion
and stormwater runoff can:
A.
Carry a significant amount of sediment, nutrients, bacteria/other
pathogens, organic matter, toxins and other pollutants to local lakes,
streams and wetlands;
B.
Diminish the capacity of water resources, such as lakes and streams,
to support fish, aquatic life, recreational and water supply uses
by increasing pollutant loadings of sediment, suspended solids, nutrients,
heavy metals, bacteria, pathogens and other urban pollutants;
C.
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperatures;
D.
Threaten public health, safety, property, and general welfare by
increasing runoff volumes and peak flood flows causing bank and channel
erosion, and increasing downstream flooding and property damage, overburdening
storm sewers, drainageways and other storm drainage systems;
E.
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
F.
Reduce groundwater recharge, which may diminish stream base flows
and/or lower water levels in local lakes, ponds and wetlands;
G.
Diminish groundwater quality by reducing the quality of groundwater
by increasing pollutant loading; and
H.
Generate airborne particulate concentrations that are health-threatening
or may cause other off-site damage to property or the environment.
A.
Purpose. The purpose of this chapter is to establish regulatory requirements
for land development and land-disturbing construction activities that
will diminish the threats to public health, safety, welfare, and the
natural resources of Washington County. Specific purposes are to:
(1)
Further the maintenance of safe and healthful conditions.
(2)
Prevent and control the adverse effects of stormwater runoff; prevent
and control soil erosion; prevent and control water pollution; protect
spawning grounds, fish and aquatic life; preserve ground cover and
scenic beauty; and promote sound economic growth.
(3)
Control exceedance of the safe capacity of existing drainage facilities
and receiving water bodies; prevent undue channel erosion; and control
increases in the scouring and transportation of particulate matter.
(4)
Minimize the amount of pollutants discharged from the separate storm
sewer to protect the waters of the state.
B.
Intent. This chapter is intended to regulate construction site erosion and stormwater management under the authority granted in § 59.693, Wis. Stats., and by the current construction site erosion control and post-construction stormwater management regulatory requirements of Subch. III of both Ch. NR 151 and Ch. NR 216, Wis. Adm. Code. This chapter is not intended to limit activity or land divisions permitted under Chapter 275, Shoreland, Wetland and Floodplain Zoning, and Chapter 257, Land Divisions, of the Code of Washington County.
C.
Regional stormwater management. The County recognizes that the preferred
method of permanently managing stormwater runoff from land development
activities is through the preparation and implementation of regional
stormwater management plans by watershed areas which are designed
to meet the requirements of this chapter. Accordingly, provisions
have been incorporated into this chapter to allow for the implementation
of this type of plan in lieu of complying with certain on-site stormwater
management requirements.
Under the authority of § 92.07(15), Wis. Stats., the County Board hereby designates the Land Conservation Committee, through the Land and Water Conservation Division of the Planning and Parks Department, to administer and enforce the provisions of this chapter. Enforcement provisions are described further under § 238-15 of this chapter.
A.
The provisions of this chapter shall apply to all unincorporated
lands within the jurisdictional boundaries of Washington County, except
in towns which have adopted, administer and enforce a similar ordinance
that complies with the minimum standards established by the Wisconsin
Department of Natural Resources and is at least as restrictive as
this chapter, or enters into an intergovernmental agreement with Washington
County under § 66.0301, Wis. Stats., for ordinance administration
and enforcement services.
B.
County-owned lands. Unless exempted under § 238-6C(1)(b), this chapter applies to all County-owned lands regardless of the municipality in which the land is located or what entity is assigned land management duties, including highway right-of-way.
A.
Construction site erosion control. Unless otherwise exempted under Subsection C below, or technically waived under Subsection D below, an erosion and runoff control permit under § 238-9 of this chapter shall be obtained before any person commences a land-disturbing construction activity. The construction site erosion control provisions of this chapter shall apply to all land-disturbing construction activity that meets any of the following:
(1)
Disturbs 4,000 square feet or more of total land surface area; or
(2)
Involves excavation or filling, or a combination of excavation and
filling, in excess of 400 cubic yards of material; or
(3)
Disturbs 300 linear feet of roadway ditch, grass waterway or other
land area where surface drainage flows in a defined open channel,
including the placement, repair or removal of any underground pipe,
utility or other facility within the cross section of the channel
at flow capacity; or
(4)
Involves the maintenance of an existing stormwater BMP; or
(5)
Other land-disturbing construction activities, including the installation
of access drives, that the administering authority determines to have
a high risk of soil erosion or water pollution or that may significantly
impact an environmentally sensitive area. All determinations made
by the administering authority under this subsection shall be made
in written or electronic form, unless otherwise waived by the requesting
entity.
B.
Stormwater management. Unless otherwise exempted under Subsection C below, or technically waived under Subsection D below, an erosion and runoff control permit under § 238-9 below shall be obtained before any person commences a land-disturbing construction activity. The stormwater management provisions of this chapter shall apply to all land-disturbing construction activity that meets any of the following:
(1)
Is a subdivision plat that meets the subdivision definition criteria
under § 236.02(12), Wis. Stats; or
(2)
Involves the construction of any new public or private roadway; or
(3)
Is a land development activity that ultimately results in the addition
of impervious surfaces of 20,000 square feet or greater in total area
that did not exist prior to January 1, 1998, including smaller individual
sites that are part of a common plan of development; or
(4)
Ultimately results in one acre or more in total land-disturbing construction
activity; or
(5)
Other land-disturbing construction activities, including access drives,
that the administering authority determines may significantly increase
downstream runoff volumes, flooding, soil erosion, water pollution
or property damage, or significantly impact an environmentally sensitive
area. All determinations made by the administering authority under
this subsection shall be made in written or electronic form, unless
otherwise waived by the requesting entity.
C.
Exemptions.
(1)
The following sites shall be exempt from all of the requirements
of this chapter:
(a)
Land-disturbing activities from agricultural activity areas
that directly relate to the planting, growing and harvesting of agricultural
crops, including silviculture.
(b)
Land development or land-disturbing construction activity exempted
by state or federal law and other projects contracted for or conducted
by any agency, as defined under § 227.01(1), Wis. Stats.,
or under a memorandum of understanding entered into under § 281.33(2),
Wis. Stats.; including but not limited to roadway construction projects
administered by the Wisconsin Department of Transportation. To recognize
an exemption under this subsection, the administering authority may
require documentation of the person(s) and regulatory agency charged
with enforcing erosion control and stormwater management for the project,
and verification of compliance with applicable stormwater regulations,
including the MS4 permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(2)
The following sites shall be exempt from Subsection A above, which includes the construction site erosion control provisions of this chapter only:
(a)
The construction of one- and two-family residential buildings
under Ch. SPS 321, Wis. Adm. Code, unless requested by the Town Building
Inspector or Town Board, unless the proposed or actual land disturbance
is one acre or greater.
(b)
Any land-disturbing construction activity within the shoreland/wetland/floodplain zone, as defined by the Code of Washington County, that disturbs less than one acre of total land surface, unless otherwise requested by the Washington County Land Use and Planning Committee or the Planning and Parks Department. These activities must meet the erosion control requirements of Chapter 275, Shoreland, Wetland and Floodplain Zoning, of the Code of Washington County.
(c)
Nonmetallic mining activities that are covered under a nonmetallic mining reclamation permit under Ch. NR 135, Wis. Adm. Code, and Chapter 265, Mining, Nonmetallic, of the Code of Washington County.
(d)
Placement of underground pipe or other utility that is plowed
or bored into the ground outside areas of channelized runoff.
(3)
The following sites shall be exempt from Subsection B above, which includes the stormwater management provisions of this chapter only:
(a)
A redevelopment site with no increase in exposed parking lots
or roadways.
(b)
A land development site with less than 10% connected imperviousness
based on complete development of the post-construction site, provided
the cumulative area of all impervious surfaces is less than one acre.
(c)
Routine maintenance for project sites under five acres of land
disturbance, if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(d)
Underground utility construction such as water, sewer and fiber
optic lines. This exemption does not apply to the construction of
any aboveground structures associated with utility construction.
(4)
The following sites shall comply with all of the erosion control and stormwater management requirements of this chapter but shall be exempted from obtaining a permit, providing a financial guarantee or paying a fee under § 238-9 of this chapter:
(a)
Any proposal that is designed and/or certified by the Washington
County Land and Water Conservation Division of the Planning and Parks
Department as part of a soil conservation or water pollution control
project; and
(b)
Any roadway construction or other land-disturbing or land development
activity by the County or any town, city or village within the County.
D.
Technical waiver.
(1)
Waiver criteria. Following the provisions of this subsection, the
administering authority may waive a site or a portion of a site from
meeting certain technical requirements of this section if the administering
authority determines that one or more of the following applies:
(a)
Off-site BMP(s). The requirement has been satisfied through
the use of off-site BMP(s). Off-site BMP(s) could be installed beyond
the boundaries of the property covered by the application as part
of a regional stormwater management plan or through other legal agreements.
However, to be eligible for this waiver, the off-site BMP(s) must
treat runoff from the site covered by the application; or
(b)
No significant off-site impacts. A proposed land-disturbing
or land development activity that is less than one acre in size and
the administering authority has determined the activity will have
no significant impact on another property or an environmentally sensitive
area due to internal drainage or other site conditions that limit
the potential impacts of runoff from the proposed activity; or
(c)
Site conditions. It is impracticable to meet the requirement
due to site conditions such as slopes; soils; proximity to existing
or proposed structures or desirable trees; limited site dimensions;
existing or proposed land uses on site or on surrounding sites; the
potential for groundwater contamination; potential subsurface flow
paths to existing or proposed buildings, structures, or public infrastructure;
public health or safety problems; or other factors beyond the control
of the applicant. No site shall be entitled to a waiver under this
subsection due solely to the size of the proposed land-disturbing
construction activity in relation to the parcel size; or
(d)
Compliance would be in direct conflict with other regulations
or related objectives of this chapter which would take precedence.
(2)
Application for technical waiver. A technical waiver under Subsection D(1) above may only be granted by the administering authority upon the applicant submitting all of the following items to the administering authority, which shall constitute a completed application:
(a)
A written request describing the provisions of this subsection
for which a waiver is being requested and an explanation of why;
(b)
A site plan in accordance with § 238-7D(2) of this chapter, including the delineation of the area and size (in acres) to which the waiver would apply and any other stormwater BMP(s) required to meet this chapter's requirements or as recommended in a regional stormwater management plan;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(c)
The necessary technical documentation to demonstrate that the
site meets one or more of the criteria for which a waiver is being
applied, including documentation of the applicable provisions of any
regional stormwater management plan that may be involved;
(d)
For off-site BMP(s) under Subsection D(1)(a) above:
[1]
Documentation that the necessary BMP(s) have been properly installed, including as-built plans, construction certification and design summaries in accordance with § 238-12D of this chapter;
[2]
A copy of the recorded maintenance agreement in accordance with § 238-13 of this chapter and any other easements or legal instrument that may be involved to ensure the long-term maintenance of the off-site BMP(s).
[3]
Documentation of payment of any applicable fees that may be
required by a unit of government charged with implementing a regional
stormwater management plan. Fees may be through a stormwater utility
district or other unit of government and would usually be based on
an equitable distribution of costs for land acquisition, engineering
design, construction, certification and maintenance of stormwater
BMP(s) implemented through the regional stormwater management plan.
(e)
Other materials that the administering authority determines
to be necessary to make a determination under this subsection or to
comply with this chapter.
(3)
Review procedure. The administering authority shall review all technical waiver application materials submitted under Subsection D(2) above, determine compliance with this section and notify the applicant of a decision within 20 working days of the submittal date, in accordance with the procedures under § 238-10B below. In consideration of all waiver requests, the administering authority shall ensure that the applicant meets the requirements of this section to the maximum extent practicable.
A.
General requirements.
(1)
An erosion control plan shall ensure that soil erosion, siltation,
sedimentation and other off-site impacts from land-disturbing construction
activities are minimized. Measures shall be taken, using approved
best management practices, to minimize sediment from being carried
off site by water or wind during the construction phase, such as diversions,
silt fence, straw bales, downspout extenders, soil treatment, temporary
mulch, sediment traps, sediment basins, etc. To meet this requirement,
the following performance standards shall apply:
(a)
All erosion control plans and associated best management practices
shall comply with the planning, design, implementation and maintenance
requirements of this chapter.
(b)
For sites that disturb one acre or more of total land surface area, an erosion control plan shall by design achieve a runoff discharge of no more than five tons of sediment per acre per year from sheet and rill erosion during land-disturbing activities as compared with no sediment or erosion controls, until the site is stabilized in accordance with approved models and BMP design standards identified in § 238-11 of this chapter.
(c)
Erosion and sediment control best management practices may be
used alone or in any combination to meet this performance standard.
(d)
Notwithstanding Subsection A(1)(b), if BMP(s) cannot be designed and implemented to meet this performance standard, the plan shall include a written and site-specific explanation as to why the performance standard is not attainable, and the sediment load shall be reduced to the maximum extent practicable.
(2)
All temporary best management practices shall be maintained until
the site is stabilized. Certain best management practices, such as
sediment basins, that are designed to also serve as a permanent stormwater
best management practice shall remain after stabilization.
B.
Guiding principles. To satisfy the requirements of this section,
all proposed land-disturbing construction activities shall, to the
extent practical:
(1)
Be planned and implemented in a manner that best fits the terrain
of the site, avoiding steep slopes and other environmentally sensitive
areas and any applicable regulatory setbacks from these areas;
(2)
Minimize soil compaction, the loss of trees and other natural vegetation
and the size of the disturbed area;
(3)
Minimize, through project phasing and proper construction sequencing,
the time the disturbed soil surface is exposed to erosive forces;
and
(4)
Emphasize the use of erosion control measures that prevent soil detachment
and erosion rather than trying to intercept its transport or repair
damage done.
C.
Specific erosion control requirements and performance standards. Unless otherwise technically waived under § 238-6D of this chapter, the following minimum requirements shall be addressed in the erosion control plan submitted by the applicant, if applicable. The administering authority may establish more stringent erosion and sediment control requirements than the minimums set forth in this section if the administering authority determines that an added level of protection is needed to protect an environmentally sensitive area or other property, comply with a total maximum daily load (TMDL) standard for a watershed or to address a change made during plan implementation.
(1)
Access drives and tracking. Each site shall provide an access drive(s)
and parking area of sufficient dimensions and design, surfaced with
a material that will prevent erosion and minimize tracking or washing
of soil onto public or private roadways. All nonpaved access drives
shall be designed so that stormwater runoff from adjacent areas does
not flow down the drive surface. Culverts shall be sized for calculated
peak flows produced by the ten-year, twenty-four-hour design storm
or shall meet all other state and local regulations and requirements
relating to roadway access design.
(2)
Diversion of upslope runoff. Any significant amount of runoff from
upslope land area, rooftops or other surfaces that drains across the
proposed land disturbance shall be diverted around the disturbed area,
if practical. Any diversion of upslope runoff shall be done in a manner
that prevents erosion of the flow path and the outlet.
(3)
Cut and fill slopes. Any cuts and fills shall be planned and constructed
to minimize the length and steepness of slope and stabilized in accordance
with the approved erosion control plan time lines and technical standards
of this chapter.
(4)
Open channels. Any open channels shall be designed and constructed to carry the calculated peak flows for a ten-year, twenty-four-hour design storm and stabilized in accordance with the approved technical standards identified in § 238-11 of this chapter.
(5)
Inlet protection. All inlets to storm drains, culverts and other
stormwater conveyance systems shall be protected from siltation until
final site stabilization.
(6)
Outlet protection. All outlets for site dewatering and stormwater
conveyance systems, including pipe or open channels entering a stormwater
management facility, shall be protected from erosion through channel
lining or other stabilization measures.
(7)
Dust control. Prevent excessive dust from leaving the construction
site through construction phasing and timely stabilization or the
use of best management practices such as site watering and mulch,
especially with very dry or fine, sandy soils.
(8)
Site dewatering. Water pumped from the site shall be treated by sediment
basins or other approved measures to prevent soil erosion and water
pollution.
(9)
Waste and material disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials) shall be properly disposed of and not allowed
to be carried off site by runoff or wind.
(10)
Topsoil. Enough topsoil from the disturbed area must be saved
to ensure that a minimum of four inches to six inches is reapplied
for all areas to be seeded or sodded. If adequate topsoil does not
exist on the site to meet this requirement, it shall be imported.
If the disturbed area is to be used for the growing of agricultural
crops in the future, the original depth of topsoil shall be restored.
(11)
Overland flow. Trap sediment in overland flow before discharge
from the site using best management practices such as silt fence and
vegetation filter strips.
(12)
Soil stockpiles. Soil stockpiles shall be located no closer
than 25 feet from lakes, streams, wetlands, ditches, drainageways,
curbs/gutters or other stormwater conveyance system, unless otherwise
approved by the administering authority. Measures shall be taken to
minimize erosion and runoff from any soil stockpiles that will likely
remain for more than five working days. Any soil stockpile that remains
for more than 30 days shall be covered or treated with stabilization
practices such as temporary or permanent seeding and mulching.
(13)
Sediment cleanup. All off-site sediment deposits occurring as
a result of construction work or a storm event shall be cleaned up
by the end of each day. Flushing shall not be allowed.
(14)
Final site stabilization. All previous cropland areas where
land-disturbing construction activities will not be occurring under
the proposed grading plan shall be stabilized within 30 days of permit
issuance. All disturbed areas shall be treated with stabilization
measures, such as seeding, mulching, soil treatment, erosion netting,
matting, and sodding, within seven working days of final grading.
Large sites shall be treated in stages as final grading is completed
in each stage. Any soil erosion that occurs after final grading and/or
the application of stabilization measures must be repaired and the
stabilization work redone.
(15)
Temporary site stabilization. For any disturbed area that remains
inactive for greater than 10 working days, or where grading work extends
beyond the permanent seeding deadlines established by the Land Conservation
Committee, the administering authority may require the site to be
treated with temporary stabilization measures, such as soil treatment,
temporary seeding and/or mulching, in addition to other erosion control
measures as part of an approved erosion control plan. Frozen soils
do not exclude the site from this requirement.
(16)
Removal of practices. When the disturbed area has been stabilized
by permanent vegetation or other means, temporary best management
practices, such as silt fences, straw bales and sediment traps, shall
be removed and these areas stabilized.
D.
Final erosion control plan contents. The following shall be the minimum
requirements for items to be included in a final erosion control plan:
(1)
Sites of less than one acre of total land disturbance.
(a)
A scaled drawing of the site with a North arrow, delineation
of the proposed land disturbance, existing and proposed buildings,
roadways, access drives, property boundaries, drainageways, water
bodies, trees, culverts, and other structures within 50 feet of the
proposed land disturbance;
(b)
The direction and steepness of slopes before and after the proposed
land disturbance, and direction of flow for runoff entering and leaving
the disturbed area, including the watershed size of any upslope drainage
area;
(c)
A narrative describing the proposed land-disturbing activity,
construction time line and sequencing, and location of all temporary
best management practices proposed to be used to minimize off-site
impacts during the construction phase;
(d)
A description and location of all permanent best management
practices proposed to be used to stabilize the site within three working
days following construction;
(e)
The name(s), address(es) and daytime phone number(s) of the person(s) charged with installing and maintaining all best management practices and thus subject to the enforcement provisions of § 238-15 of this chapter; and
(f)
Other information determined to be necessary by the administering
authority to ensure compliance with the requirements of this chapter.
(2)
Sites of one acre or greater in total land disturbance.
(a)
Existing site map and data. A map and supporting data of existing
site conditions at a scale of one inch equals no more than 100 feet,
showing the following items on the site and within 50 feet in each
direction of the site boundaries:
[1]
Ownership boundaries and other references that will accurately
identify site location;
[2]
Name, address and daytime telephone number of the applicant;
[3]
Site topography at a contour interval not to exceed two feet;
[4]
Location and name, if applicable, of all lakes, streams and
other water bodies as defined on a 7.5-minute topographic map published
by the United States. Geological Survey;
[5]
Location and name, if applicable, of all other channels, ditches
and other watercourses or areas of channelized flow;
[6]
Location and name, if applicable, of all wetlands and identification
of source of delineation. Wetland boundaries delineations shall be
made in accordance with Ch. NR 103, Wis. Adm. Code, prior to approval
of final land divisions, erosion control plans or stormwater management
plans;
[7]
Boundaries of shoreland zones, 100-year floodplains, flood fringes
and floodways, as defined on the Official Shoreland and Floodplain
Zoning Maps at the Washington County Planning and Parks Department;
[8]
Boundaries and soil symbol for each soil mapping unit;
[9]
Location and description of trees and other vegetation cover
types;
[10]
Location, dimensions and contributing watershed area delineations
and flow calculations for all existing stormwater drainage systems
and natural flow paths or channels entering and/or leaving the site;
[11]
Locations and dimensions of any buildings, roadways, parking
areas, fence lines, access lanes, rock outcrops, tile drains, utilities
and other physical features or structures;
[12]
Location and support documentation for any well currently located
on the site and/or delineation of any regulatory setback distances
of other wells, as stated in Chs. NR 811 and NR 812, Wis. Adm. Code;
[13]
Locations and dimensions of any easements, rights-of-way, building
setbacks or other restrictions;
[14]
Location of primary environmental corridor boundaries, as defined
by the Southeastern Wisconsin Regional Planning Commission;
[15]
Any other existing site information that the administering authority
determines to be necessary to ensure compliance with the requirements
of this chapter.
(b)
Site development plan. A site development plan, using the same
map scale as the existing site map, shall include the following map
items and supporting documentation:
[1]
Locations and dimensions of all proposed land-disturbing construction
activities, including proposed cuts, fills and two-foot contours of
final grade;
[2]
Locations and dimensions of all temporary soil stockpiles, the
estimated length of time they will exist and any applicable erosion
control method;
[3]
Locations, dimensions and detailed drawings, including profiles
and cross sections, along with applicable design documentation for
all temporary and permanent best management practices necessary to
meet the requirements of this chapter;
[4]
Location, dimensions, supporting flow calculations and stabilization
plans for the proposed construction or modification of any open channels;
[5]
A construction schedule, including the sequence and anticipated
starting and completion date for each construction step, and the installation
of best management practices needed to meet the requirements of this
chapter;
[6]
Description of maintenance responsibilities for all temporary best management practices, including but not limited to the applicable erosion control requirements identified in § 238-7C;
[7]
The name(s), address(es) and daytime phone number(s) of the person(s) charged with the responsibility of installing and maintaining all best management practices until the completion of a satisfactory final inspection by the administering authority under § 238-12E of this chapter;
[8]
Location and description of individual trees greater than eight
inches in diameter at four feet above existing mean ground level that
are proposed to be lost, and plans for replacement, if practical;
[9]
Description of site revegetation and stabilization plans, including
topsoil and subsoil reapplication, seeding mixtures, fertilizer, rates
of application, time schedule and maintenance responsibilities until
the grass and/or other plants are well established;
[10]
Documentation verifying that the site is meeting the performance
standard of not discharging more than five tons of sediment per acre
per year;
[11]
Certification, from a professional engineer registered in the
State of Wisconsin, that all computations and designs included in
the final erosion control plan have been reviewed and approved as
being in accordance with the requirements of this chapter. The name,
address, daytime phone, e-mail address and fax number of the engineer
must also be included for contact during the plan review process;
[12]
Development of spill prevention and response procedures; and
[13]
Other information determined to be necessary by the administering
authority to ensure compliance with the requirements of this chapter.
E.
Preliminary erosion control plan. Preliminary erosion control plans shall contain the same information listed under Subsection D(2) above, with the exception of Subsection D(2)(b)[2], and above, the supporting documentation in Subsection D(2)(b)[4] above, and the starting and completion dates in Subsection D(2)(b)[5] above.
A.
General requirements.
(1)
A stormwater management plan shall prevent or minimize the pollution
of surface waters and groundwater resources, damage to downstream
property and local flooding as a result of permanent stormwater discharges
from the proposed land development. All requirements apply to each
subwatershed or stormwater discharge point independently and cannot
be averaged for the site. Runoff draining to a stormwater BMP from
off site must be accounted for hydraulically in any BMP design. To
meet this requirement, the following performance standards shall apply:
(a)
All stormwater management plans and associated best management
practices shall comply with the planning, design, implementation and
maintenance requirements of this chapter.
(b)
Peak discharge.
[1]
To minimize stream bank erosion and the failure of downstream conveyance systems, the calculated post-development peak stormwater discharge rates shall not exceed the calculated predevelopment discharge rates for the one-, two-, ten-, and 100-year, twenty-four-hour design storms in accordance with the modeling requirements in § 238-11A of this chapter.
(c)
Total suspended solids. A stormwater management plan, by design,
shall meet the following post-development total suspended solids reduction
targets, based on average annual rainfalls, as compared to no runoff
management controls.
(d)
Infiltration. Best management practices shall be designed, installed, and maintained to infiltrate runoff in accordance with the performance standards in Table 1, except as provided in Subsection A(1)(c)[2]. Infiltration areas shall be designed to minimize impacts on roadways; public infrastructure or private laterals; and existing or proposed building sites, foundations or basements.
|
Table 1
Post-Development Infiltration Performance Standards
| |||
|---|---|---|---|
|
Percent Connected Impervious Surface
|
Description/Example Land Uses
|
Post-Development Infiltration Volumea
|
Maximum Effective Infiltration Area
|
|
Up to 40%
|
Description: low imperviousness
Example land uses: low-density residential, parks, cemeteries
|
90% of predevelopmentb
|
1% of site
|
|
> 40% up to 80%
|
Description: medium imperviousness
Example land uses: medium- and high-density residential, multifamily
residential, industrial, institutional, office park
|
75% of predevelopment
|
2% of site
|
|
> 80%
|
Description: high imperviousness
Example land uses: commercial strip malls, shopping centers,
commercial downtowns
|
60% of predevelopment
|
2% of site
|
|
NOTES:
| |
|
a
|
All percentages are based on average annual rainfall.
|
|
b
|
To avoid downstream flooding and chronic wetness issues from stormwater discharges, the post-development infiltration volume for low-density residential developments shall not be less than 25% of the two-year, twenty-four-hour storm, in accordance with Subsection A(1)(h) below.
|
[1]
Pretreatment. Pretreatment shall be required before infiltrating parking lot and roadway runoff from commercial, industrial and institutional areas. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection A(1)(d)[6] below. Pretreatment options may include, but are not limited to, oil/grease separators, sedimentation or bioretention basins, filtration swales or filter strips. All designs shall comply with the technical standards in § 238-11B of this chapter.
[2]
Infiltration prohibitions. Due to potential groundwater contamination,
runoff shall not be infiltrated and will not be credited towards meeting
the requirements of this subsection for the following:
[a]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftops and parking.
[b]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
Runoff from Tier 2 parking and rooftops may be infiltrated but may
require pretreatment.
[c]
Runoff from fueling and vehicle maintenance areas,
not including rooftops and canopies.
[d]
Runoff from agricultural production areas that contain animal waste, leachate from feed storage areas, milking center wastewater, or runoff containing excess nutrient concentrations or contaminants, unless treated to comply with Subsection A(1)(d)[6].
[e]
Infiltration of runoff within 1,000 feet upgradient
or within 100 feet downgradient of karst features.
[f]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within 100 feet of a private well as specified in § NR 812.08(4),
Wis. Adm. Code, for runoff infiltrated from commercial, industrial
and institutional land uses or regional devices for residential development,
not including rooftop runoff.
[g]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[3]
Separation distances. Infiltration BMPs shall be located so
the characteristics of the soil and the separation distance between
the bottom of the infiltration BMP and the elevation of the highest
groundwater table or the top of bedrock are in accordance with Table
2.
|
Table 2
Infiltration BMP Separation Distances and Soil Characteristics
| ||
|---|---|---|
|
Source Area
|
Groundwater or Bedrock Separation Distance
|
Soil Characteristics
|
|
Industrial, commercial, and institutional parking lots and roads
|
5 feet or more
|
Filtering layer
|
|
Residential arterial roads
|
5 feet or more
|
Filtering layer
|
|
Roofs draining to subsurface infiltration practices
|
1 foot or more
|
Native or engineered soil with particles finer than coarse sand
|
|
Roofs draining to surface infiltration practices
|
Not applicable
|
Not applicable
|
|
All other impervious source areas
|
3 feet or more
|
Filtering layer
|
[4]
Infiltration exemption. The following sites shall be exempt
from meeting the infiltration requirements of this chapter.
[a]
Agricultural production areas. However, agricultural
production areas are encouraged to infiltrate runoff water from rooftops
or other areas that are typically referred to as "clean water" as
a means to reduce peak flows; or
[b]
Where the infiltration rate of all available soils
is less than 0.6 inches per hour or where the infiltration rate at
the proposed bottom of an infiltration system is less than 0.6 inches
per hour. A scientifically credible field testing method shall be
required when making this determination; and
[c]
The administering authority determines it would
be impracticable to modify existing soil conditions based on soil
profile evaluations extending five feet below the proposed bottom
of the infiltration system.
[5]
Alternate runoff uses. Where storage and reuse of runoff are
employed, such as landscape watering, toilet flushing, laundry or
irrigation, or storage on green roofs where an equivalent portion
of the runoff is captured permanently by rooftop vegetation, such
alternate uses shall be given equal credit toward the infiltration
volume required by this section.
[6]
Groundwater protection.
[a]
Infiltration systems designed in accordance with
this subsection shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventive-action limit at
a point of standards application in accordance with Ch. NR 140, Wis.
Adm. Code. However, if site-specific information indicates that compliance
with a preventive-action limit is not achievable, the infiltration
BMP may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
[b]
Notwithstanding Subsection A(1)(d)[6][a] above, the discharge from BMP(s) shall remain below the enforcement standard at the point of standards application.
[c]
All stormwater BMPs shall comply with the applicable
provisions of Chapter NR 815, Wis. Adm. Code, relating to injection
wells.
[d]
All stormwater BMP(s) shall comply with the provisions
of any applicable wellhead protection plan for a community water supply
under Ch. NR 811, Wis. Adm. Code.
(e)
Protective areas. "Protective area" means 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
channel or delineated wetland boundary to the closest impervious surface.
However, in this section, "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. The following
restrictions and setbacks shall apply:
[1]
For outstanding resource waters and exceptional resource waters,
75 feet.
[2]
For perennial and intermittent streams identified on a United
States Geological Survey 7.5 minute series topographic map or the
Washington County GIS system, 50 feet.
[3]
For lakes, 50 feet.
[4]
For highly susceptible wetlands, as determined by the administering
authority, 75 feet. Highly susceptible wetlands include the following
types: calcareous fens, sedge meadows, bogs, low prairies, conifer
swamps, lowland hardwood swamps and ephemeral ponds.
[5]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet, unless otherwise required
by another applicable regulation. Less susceptible wetlands include
degraded wetlands dominated by invasive species such as reed canary
grass.
[7]
Wetland boundary delineations shall be made in accordance with
Ch. NR 103, Wis. Adm. Code. This subsection does not apply to wetlands
that have been completely filled in accordance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in accordance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after fill has been placed.
[8]
In Subsection A(1)(e)[1], and , determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in Ch. NR 103, Wis. Adm. Code.
[9]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[10]
Requirements within protective areas. The following requirements
shall be met for all land development construction activity located
within a protective area:
[a]
Impervious surfaces shall be kept out of the protective area, except for structures, as authorized and defined under shoreland and floodplain zoning. The erosion control plan shall contain a written, site-specific explanation for any parts of the protective area that are disturbed during construction. In such case, a technical waiver in accordance with § 238-6D must be obtained.
[b]
Where land-disturbing construction activity occurs
within a protective area, and where no impervious surface is present,
adequate sod or self-sustaining, noninvasive, flood- and drought-tolerant
vegetation cover of 70% or greater shall be established and maintained.
The adequate sod or self-sustaining vegetation cover shall be sufficient
to provide for bank stability, maintenance of fish habitat and filtering
of pollutants from upslope overland flow areas under sheet flow conditions.
Nonvegetation materials, such as rock riprap, may be employed on the
bank as necessary to prevent erosion, such as on steep slopes or where
high velocity flows occur.
[c]
Best management practices such as filter strips,
swales, or wet detention basins that are designed to control pollutants
from nonpoint sources may be located in the protective area, but shall
not encroach into wetlands, floodplains, primary environmental corridors.
[d]
Protective area exemptions. The following sites
are exempted from meeting this subsection:
[i]
Structures that cross or access surface waters,
such as boat landings, bridges and culverts;
[ii]
Structures constructed in accordance with § 275-5J
of the Code of Washington County or § 59.692(1v), Wis. Stats.;
and
[iii]
Sites where runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the peak discharge requirements under § 238-8A(1)(b) above and total suspended solids requirement under § 238-8A(1)(c) above, except to the extent that vegetation ground cover is necessary to maintain bank stability.
(f)
Fueling and vehicle maintenance areas. Fueling and vehicle maintenance
areas shall have BMPs designed, installed and maintained to reduce
petroleum within runoff, such that the runoff that enters waters of
the state contains no visible petroleum sheen.
(g)
Site drainage. Measures shall be implemented to ensure proper
site drainage, prevent property damage and protect public health and
safety, including the following minimum requirements:
[1]
Drainage easement. Perpetual drainage easements or other deed restrictions shall be recorded on the property to preserve major stormwater flow paths and permanent stormwater BMP locations. Covenants in these areas shall not allow buildings, other structures, prevent any grading, filling or other activities that interrupt or obstruct flows in any way. Covenants shall also specify maintenance responsibilities and authorities in accordance with § 238-13.
[2]
Site grading. Site grading shall ensure, to the maximum extent
practicable, positive flows away from all buildings, roadways, driveways
and septic systems, be coordinated with the general stormwater drainage
patterns for the area, and minimize adverse impacts on adjacent properties.
[3]
Subsurface drainage. No discharge of groundwater from tile lines,
sump pumps or other means shall be allowed onto another person's land
or any public space without the written approval of the owner or unit
of government. The administering authority shall be notified of any
drain tiles that are uncovered during construction, which the administering
authority may require to be restored or connected to other drainage
systems.
[4]
Open channels. All open-channel drainage systems shall, at a
minimum, be designed to carry the peak flows from a ten-year, twenty-four-hour
design storm using planned land use for the entire contributing watershed
area. Side slopes shall be no steeper than 3h:1v unless otherwise
approved by the administering authority for unique site conditions.
Open channels that carry runoff from more than 130 acres shall, at
a minimum, be designed to carry the peak flows from a twenty-five-year,
twenty-four-hour design storm.
[5]
Structure protection and safety. For buildings designed for
human occupation on a regular basis, the following additional requirements
shall apply:
[a]
The lowest elevation of the structure that is exposed
to the ground surface that is hydrologically connected to any stormwater
BMP shall be a minimum of two feet above the maximum water surface
elevation produced by the 100-year, twenty-four-hour design storm,
including flows through any stormwater BMP that may temporarily or
permanently store water at a depth of greater than one foot, not including
conveyance systems; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
[b]
For internally drained areas, the maximum water
elevation shall be determined using the volume produced by the 100-year,
twenty-four-hour design storm with an NRCS runoff curve number of
98 for the entire watershed, to reflect frozen ground conditions.
[c]
The structure shall be set back at least 20 feet
from any stormwater BMP that may temporarily or permanently store
water at a depth of greater than one foot, not including conveyance
systems. Setback distance shall be measured from the closest edge
of water at the elevation produced by the 100-year, twenty-four-hour
design storm.
(h)
Additional requirements. The administering authority may establish
more stringent requirements than the minimums set forth in this section,
such as addressing thermal impacts of stormwater, chronic wetness
conditions, downstream flooding, a total maximum daily load (TMDL)
standard for a watershed, or other applicable state or federal laws,
if the administering authority determines that an added level of protection
is needed to protect cold water streams, outstanding water resources,
exceptional water resources, environmentally sensitive areas, downstream
property, or public health or safety.
(i)
Modeling. Refer to § 238-11A for details on calculating runoff volumes and predevelopment conditions.
(j)
Notwithstanding Subsection A(1)(b) through (g), if the design cannot achieve the applicable performance standards specified, the stormwater management plan shall include a written and site-specific explanation why that level of reduction is not attained; the design shall achieve a reduction to the maximum extent practicable for the identified performance standard. In such case, a technical waiver in accordance with § 238-6D must be obtained for areas not meeting the above-noted performance standards.
B.
Guiding principles. To satisfy the requirements of this section, unless otherwise technically waived under § 238-6D of this chapter, all proposed land development activities shall, to the extent practical:
(1)
Be planned and implemented in a manner that best fits the terrain
of the site, avoiding steep slopes and other environmentally sensitive
areas;
(2)
Preserve natural watershed boundaries and drainage patterns;
(3)
Maintain groundwater recharge areas and the infiltration capacity
of native soils by avoiding the unnecessary filling of large natural
depressions or compaction of upper soil horizons by construction equipment;
(4)
Utilize natural or constructed vegetated swales or reinforced, permeable,
open channels for stormwater conveyance and attenuation;
(5)
Minimize impervious surfaces and have them drain to vegetated areas
for flow attenuation, pollutant filtering and groundwater recharge;
and
(6)
Reserve adequately sized areas to allow for detention of flows and
treatment of pollutants from stormwater before being discharged from
the site.
C.
Final stormwater management plan contents. The following shall be
the minimum requirements for items to be included in a final stormwater
management plan:
(1)
Existing site map and data. The requirements for the existing site map and data are the same as those listed under § 238-7D(2)(a) of this chapter.
(2)
Site development plan. A site development plan, using the same map
scale as the existing site map, shall include all of the following
map items and supporting documentation:
(a)
Locations and dimensions of all proposed land-disturbing construction
activities, including proposed cuts, fills and two-foot contours;
(b)
Delineation and labeling of all proposed impervious areas and
accompanying area computations;
(c)
Location of all proposed stormwater conveyance systems and grade
stabilization structures, including grade lines, cross sections, flow/velocity
computations based on a ten-year, twenty-four-hour design storm, and
the delineation of proposed subwatersheds for each reach;
(d)
Location of all proposed stormwater best management practices
and facilities, including plan views, cross sections, profiles, inlet/outlet
and other detail drawings and supporting flow computations;
(e)
Summary of hydrologic and hydraulic computations prepared to meet the requirements of Subsection A above, and for the design of all stormwater management facilities. All major assumptions used in developing input parameters shall be clearly stated, and all geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s);
(f)
Results of investigations of soils and groundwater required under § 238-11E of this chapter, including location and elevation of each investigation site, for the placement and design of stormwater management facilities;
(g)
Location(s) and dimensions of all proposed easements or other methods used to ensure the preservation of flow paths and adequate access for maintenance purposes, in accordance with § 238-13 of this chapter;
(h)
A detailed construction inspection plan, outlining the critical
elements in the plan that need to be surveyed or inspected by a representative
of the project engineer, the administering authority or the municipality,
and the timing and notification requirements involved. Examples of
critical elements for a construction inspection plan include, but
are not limited to, checking subgrade elevations or the placement
of footings, pipes or other structures prior to covering, soil testing,
material inspections and final grade checks before seeding. Inspections
conducted by the administering authority or the municipality do not
waive the permit holder's responsibility for construction oversight
and verification;
(i)
Certification, from a professional engineer registered in the
State of Wisconsin, that all calculations and designs included in
the final stormwater management plan have been reviewed and approved
as being in accordance with the requirements of this chapter;
(j)
The name(s), address, daytime phone, e-mail address, and fax number of the contact person during the plan review process, the construction supervisor and the engineer that will certify construction of all stormwater management facilities under § 238-12D of this chapter;
(k)
For sites where changes are proposed in stormwater flow paths,
or where proposed stormwater discharges may otherwise have a significant
negative impact on downstream property owner(s), the administering
authority may require the applicant to obtain written authorization
or complete other legal arrangements with the affected property owner(s);
and
(l)
Other items deemed necessary by the administering authority
to ensure compliance with the requirements of this chapter.
D.
Preliminary stormwater management plan contents. Preliminary stormwater management plans shall contain the same information listed under Subsection C above, with the following exceptions:
(1)
No computations will be required for stormwater conveyance systems,
water control structures or other individual system components; and
(2)
No detail drawings, cross sections or profiles will be required unless
the administering authority determines they are necessary to assess
the general feasibility of the preliminary stormwater management plan.
A.
Application. The applicant shall submit a completed application on
a form provided by the administering authority for that purpose and
indicate whether applying for a preliminary approval letter or an
erosion and runoff control permit. By submitting an application, the
applicant is authorizing the administering authority to enter upon
the site to obtain information needed to administer this chapter.
B.
Preliminary approval letter.
(1)
Purpose and intent. A preliminary approval letter is an optional step in the permit process that is strongly encouraged for subdivisions and other large or complex land-disturbing construction activities. It is designed to assist the applicant in preparing general site plans and obtaining other applicable permits or zoning approvals prior to finalizing detailed construction plans for a proposed project. It will also act to notify other review authorities that the applicant has agreed to meet the requirements of an erosion and runoff control permit and provides a preliminary plan of what will likely be required. An erosion and runoff control permit is still required prior to the start of any proposed land-disturbing construction activity. The administering authority shall issue an erosion and runoff control permit after determining that the final erosion control and stormwater management plans are in substantial compliance with the preliminary plans and after the applicant has met all other requirements of Subsection C below.
C.
Erosion and runoff control permit. An erosion and runoff control permit is required for all sites that meet the applicability provisions of § 238-6A or B of this chapter and are not exempt under § 238-6C of this chapter or technically waived under § 238-6D of this chapter. To request an erosion and runoff control permit under this chapter, the following information shall be submitted to the administering authority:
D.
Fees. All application and review fees for this chapter shall be established
and approved by the County Board through the annual budget process.
A schedule of the fees shall be on file, available for review and
distribution through the office of the Land and Water Conservation
Division of the Planning and Parks Department. Fee amounts shall be
designed to offset the costs to the County for the administration
of this chapter and may be modified from time to time based on the
records and recommendation of the administering authority. No fee
shall exceed the actual and direct costs of administering this chapter.
A.
For applications that only involve erosion control plans for less
than one acre of disturbed area.
(1)
The procedures under this subsection shall only apply to applications
which meet all of the following criteria:
(2)
Within 10 working days of receipt of a completed application form,
fee and final erosion control plan, the administering authority shall:
(3)
The administering authority may request comments from other agencies
or units of government within the ten-day review period. The administering
authority shall notify the applicant if additional comments are being
requested and shall have 10 working days from the receipt of those
comments to notify the applicant of the results of the review.
(4)
If all of the applicable requirements of this chapter have been met,
the administering authority shall issue an erosion and runoff control
permit. If the requirements of this chapter have not been met, the
administering authority shall notify the applicant, in writing, what
changes would be necessary to meet the requirements.
(6)
If the administering authority fails to act within the time lines
stated in this subsection, the submitted documents shall be deemed
approved, and the administering authority shall issue an erosion and
runoff control permit.
B.
For all other applications for an erosion and runoff control permit
or preliminary approval letter.
(2)
(3)
The administering authority may request comments from other agencies
or units of government within this twenty-day review period. The administering
authority shall notify the applicant if additional comments are being
requested and shall have 10 working days from the receipt of those
comments to notify the applicant of the results of the review.
(4)
If all of the applicable requirements of this chapter have been met,
the administering authority shall provide a preliminary plan approval
letter or an erosion and runoff control permit. If the requirements
of this chapter have not been met, the administering authority shall
notify the applicant, in writing, what changes would be necessary
to meet the requirements.
(6)
If the administering authority fails to act within the time lines
stated in this subsection, the submitted documents shall be deemed
approved, and the administering authority shall issue a preliminary
approval letter or erosion and runoff control permit.
A.
Hydrologic and hydraulic computations.
(1)
Models. All computations of soil loss or sediment loss, runoff volumes,
and peak flow rates used in the development of erosion control and
stormwater management plans in accordance with this chapter shall
be based on the principles of United States Department of Agriculture,
Natural Resources Conservation Service (NRCS) methodology. Models
such as the Universal Soil Loss Equation (USLE) or other models approved
by the administering authority may be used for predicting soil loss
or sediment discharge leaving the construction site under varying
land and management conditions and the application of erosion control
BMPs. Models such as SLAMM, P8 or other modules approved by the administering
authority may be used to evaluate the efficiency of the design in
reducing total suspended solids to meet this chapter. Models such
as SLAMM, RECARGA or other models approved by the administering authority
may be used to evaluate the efficiency of the design in meeting the
infiltration requirements of this chapter.
(2)
Rainfall depths. To determine compliance with this chapter (for Washington
County), the following design storm rainfall depths shall be used:
|
Table 3
Rainfall Depths per Design Storm: Washington County
| ||||
|---|---|---|---|---|
|
Design storm
|
1-year
24-hour
|
2-year
24-hour
|
10-year
24-hour
|
100-year
24-hour
|
|
Rainfall depth
|
2.35 inches
|
2.65 inches
|
3.82 inches
|
6.41 inches
|
(3)
Runoff curve numbers. All computations of predevelopment conditions
as specified in this chapter shall use those NRCS runoff curve numbers
assigned for a good hydrologic condition for each land cover type.
For lands where the predevelopment land use was woodland, grassland/meadow,
or cropland, the following NRCS curve number values shall be used
as maximums:
|
Table 4
Maximum Runoff Curve Numbers for Certain Predevelopment Land
Uses
| ||||
|---|---|---|---|---|
|
Predevelopment Land Use
|
Hydrologic Soil Group (letter)/Maximum Runoff Curve Number (No.)
| |||
|
A
|
B
|
C
|
D
| |
|
Woodland
|
30
|
55
|
70
|
77
|
|
Grassland/meadow
|
39
|
61
|
71
|
78
|
|
Cropland
|
55
|
69
|
78
|
83
|
(4)
Average annual rainfalls. All modeling involving average annual rainfall
or runoff volumes shall use rainfall data from the Milwaukee area
between March 28 and December 6, 1969, as the typical annual rainfall
pattern for Washington County, unless otherwise described in the BMP
design standards.
(5)
Rainfall distribution. All peak flow calculations shall use MSE3
rainfall distribution patterns, as defined in NRCS methodologies.
(6)
Other methods. All velocity and peak flow computations for open channels
and storm sewer pipe flows shall be based on Manning's Formula. Flow
routing, culvert design, weir and orifice flow and other related hydraulic
computations used to design stormwater management facilities shall
be based on standard applicable engineering formulas. Any design data
or methodology proposed to be used for hydrologic or hydraulic computations
other than those prescribed in this chapter shall be approved by the
administering authority.
B.
Best management practice design standards.
(1)
The design, installation and maintenance of all BMP(s) used to meet
the requirements of this chapter shall comply 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.
C.
Technical guidelines. The administering authority may adopt technical
guidelines to assist with the consistent administration of certain
portions of this chapter where more specific standards currently do
not exist, are insufficient or are subject to rapid change. The administering
authority shall seek the expertise of other agencies and organizations
in the development and maintenance of technical guidelines under this
subsection.
D.
Construction specifications. The construction or installation of
all BMP(s) and BMP components shall comply with all applicable manufacturers'
and industry standards and specifications, including but not limited
to those published by American Society for Testing and Materials (ASTM)
and the USDA Natural Resources Conservation Service (NRCS).
E.
Soil evaluations. All soil profile evaluations and forms submitted for review to the administering authority under the provisions of this chapter shall be conducted by a qualified professional in accordance with Ch. SPS 385, Wis. Adm. Code, and any applicable state standards, or guidance documents prepared by the administering authority. Evaluation report forms submitted for review to the administering authority shall be completed in accordance with § SPS 385.40, Wis. Adm. Code, or on forms supplied by the administering authority. Determination of soil saturation with groundwater monitoring wells shall be done in accordance with § SPS 385.60 or Ch. NR 141, Wis. Adm. Code. The number, location or depth of a soil profile evaluation shall be based on the applicable standards under Subsection B above. In the event that the standard does not indicate the soil profile evaluation requirements, the administering authority shall make the determination based on the design of the BMP and the likely variability of the on-site soils.
F.
Availability. Copies of all technical references in this section
shall be available for review and distribution through the Land and
Water Conservation Division of the Planning and Parks Department.
Fees may be charged for hard copies of these items in accordance with
an established fee schedule.
G.
Future revisions or updates. The technical references, including
the Wisconsin Administrative Code, in this section are made a part
of the chapter as if fully set forth herein and shall be updated periodically
in order to keep current with field experiences, research, technological
advances, regulatory changes and the development of related technical
standards by other agencies and units of government. Any future revision
of the documents incorporated herein are also made part of this chapter
unless otherwise acted upon by the administering authority.
A.
General conditions. For all permits issued under this chapter, the
permit holder shall be deemed to accept the following requirements:
(1)
Obtain all other applicable federal, state, County or local permits
and comply with all other applicable regulations. The administering
authority may require the applicant to obtain other permits or plan
approvals prior to issuing an erosion and runoff control permit.
(2)
Complete all activities in accordance with the plan(s) and construction schedule approved by the administering authority. A copy of the approved plans shall be kept at the construction site at all times during normal business hours. Any significant changes made during implementation without prior approval by the administering authority shall be subject to enforcement action under § 238-15 of this chapter.
(3)
Notify the administering authority at least two working days in advance
of commencing any work associated with the permit. The administering
authority may require further notification of work on various stages
of construction or upon completion of individual components for inspection
purposes.
(4)
Authorize the administering authority access to the property for
the purposes of inspecting the property for compliance with the approved
plans and other permit requirements.
(5)
Inspect all best management practices within 24 hours after each rain event of 0.5 inch or more or at least once each week. The permit holder shall maintain and repair all best management practices within 24 hours of inspection until the financial guarantee under Subsection C below is released by the administering authority. The permit holder shall provide a qualified representative to conduct inspections and maintain an inspection log for the site. The inspection log shall include the name of the inspector, the date and time of inspection, a description of the present phase of construction, the findings of the inspection, including an assessment of the condition of erosion and sediment control measures and the installation of stormwater management BMP(s), and an action needed or taken to comply with this chapter. The inspection log shall also include a record of BMP maintenance and repairs conducted.
(6)
Where the land-disturbing activity is one acre or greater, or approved
plans involve the installation of a stormwater BMP, the permit holder
shall maintain a copy of the inspection log at the construction site
or via the Internet and shall notify the administering authority of
the method of availability upon permit issuance. If the inspection
log is maintained on site, the administering authority may view or
obtain a copy at any time during normal business hours until permit
termination. If the inspection log is made available via the Internet,
the permit holder shall notify the administering authority of the
appropriate Internet address and any applicable access codes and shall
maintain the availability of the log until permit termination.
(7)
Clean up all off-site sediment deposits and repair any erosion or
other damage occurring as a result of construction work or a storm
event at the end of each workday, or within a specified time period
determined by the administering authority. Flushing of sediment is
not allowed.
B.
Permit issuance and duration.
(1)
The administering authority shall establish an expiration date for all permits issued under this chapter. The expiration date shall be based on the construction schedules submitted by the applicant under § 238-7D(1)(c) and 238-7D(2)(b)[5] and of this chapter and shall not exceed 18 months.
(2)
The administering authority may grant longer permit periods or grant
extensions to existing permits if deemed necessary to ensure compliance
with this chapter. The administering authority may require additional
erosion and runoff control measures as a condition of granting longer
permit periods or permit extensions.
(3)
In accordance with the technical standards and specifications in § 238-11 of this chapter, the administering authority may withhold issuance, suspend or revoke an erosion and runoff control permit, or require a change in the proposed construction schedule as a condition of a permit under Subsection A above, if the administering authority determines that all of the following apply:
(a)
The proposed or actual land-disturbing construction activity
will exceed standard deadlines for seeding and sodding;
(b)
Runoff or erosion from the site may significantly impact an
environmentally sensitive area or cause other off-site environmental
or property damage; and
(c)
The applicant or permit holder is unable or unwilling to provide
other approved measures to minimize off-site impacts.
C.
Financial guarantee.
(1)
Purpose and type. A financial guarantee in the form of cash, bond,
escrow account or irrevocable letter of credit shall be required for
all erosion and runoff control permits issued to ensure compliance
with this chapter.
(2)
Amount. The amount of the financial guarantee shall be determined
by the administering authority and shall be based on the estimated
costs of construction of the best management practices in the approved
erosion control and/or stormwater management plan(s), plus any costs
for best management practice maintenance that may be needed during
the construction phase or immediately after the site is stabilized,
such as sediment removal.
(3)
Security. Each financial guarantee shall be accompanied by a written
agreement outlining its purpose, applicable amounts and all of the
conditions for release.
(4)
Conditions for release.
(a)
The administering authority shall release the financial guarantee
only after determining full compliance with the requirements of the
permit and this chapter, including the following:
(b)
The permit holder may apply for a prorated release of the financial guarantee based on the completion or partial completion of various construction components or satisfaction of individual requirements of Subsection C(4) above.
(c)
The administering authority shall withhold from the financial guarantee amount released to the permit holder any costs incurred by the County to complete installation or maintenance of best management practices through enforcement action, as described in § 238-15 of this chapter, or prior to the transfer of maintenance responsibilities through an approved maintenance agreement, or other unpaid fees or costs incurred by the County associated with the administration of this section.
(5)
Other financial guarantees. The financial guarantee provisions of
this chapter shall be in addition to any other financial guarantee
requirements of the Town Board for other site improvements. Any arrangements
made to combine the financial guarantee provisions of this chapter
with other related requirements shall be made at the discretion of
the administering authority.
D.
Construction certification.
(1)
A professional engineer, licensed in the State of Wisconsin, shall verify that the engineer or qualified representative has successfully completed all site inspections outlined in the construction inspection report that the stormwater management BMP(s) were constructed and comply with the approved plans and applicable technical standards and specification of § 238-11 of this chapter or otherwise satisfy all the requirements of this chapter. If warm season or wetland plantings are involved, a landscape architect or other qualified professional shall verify the planting process and its successful establishment.
(2)
As-built plans and survey. An as-built survey shall be certified
as accurate by a registered land surveyor or an engineer licensed
in the State of Wisconsin. As-built plans shall be submitted for all
stormwater management facilities and other permanent best management
practices or practice components, as deemed necessary by the administering
authority to ensure compliance with this chapter. As-built plans shall
document, on maps and drawings of the same scale and quality as the
site development plan, actual location, elevations, materials, construction
specifications and other items and be certified by the project engineer.
(3)
Design summaries. Any changes noted in the as-built survey or final
design data compared to the design summaries approved with the final
stormwater management plans shall be documented and resubmitted to
the administering authority for approval.
E.
Final inspection. After completion of construction, the administering
authority shall conduct a final inspection of all sites regulated
by this chapter to assist in determining compliance with the approved
plan(s) and other applicable requirements, the permit and this chapter.
If, upon inspection, the administering authority determines that any
of the applicable requirements have not been met, the administering
authority shall notify the permit holder what changes would be necessary
to meet the requirements. At the request of the permit holder, the
administering authority shall provide notification of noncompliance
or a report of final inspection in written or electronic form.
A.
Maintenance agreement required. A maintenance agreement between the
local municipality or other approved unit of government and the proposed
property owner(s) shall be required for all permanent stormwater management
facilities installed to comply with the requirements of this chapter.
The agreement shall be independent of all other restrictions or covenants
and shall be prepared in accordance with this section.
B.
Agreement provisions. The maintenance agreement shall, at a minimum,
contain all of the following information and provisions:
(1)
Identification of the owner(s) of the land parcel where the stormwater management facility is located. Ownership shall be the same as those assigned maintenance responsibilities under Subsection B(5) below, and approved by the applicable unit(s) of government, unless otherwise designated in a regional stormwater management plan. For new land divisions, plats and certified survey maps subdivisions, all stormwater BMPs that collect runoff from more than one lot shall be located on out-lots or within a designated drainage easement. For all privately owned out-lots, ownership shall be by proportional undividable interest for all properties that are within the control of the applicant and drain to the BMP. However, the applicant may combine ownership of more than one BMP within the site;
(2)
Identification of each type of stormwater management facility and
a general description of its purpose and design, including but not
limited to facility dimensions, inlet and outlet design and dimensions,
and the drainage area served by the facility;
(3)
A description of all long-term maintenance activities that may or
will be required for each stormwater management facility, and an estimated
time interval between each activity;
(4)
Granting of an access easement for access to all stormwater management
facilities that is a minimum of 15 feet wide, not including drainage
easements, rights-of-way or other restricted areas, and a minimum
twelve-foot-wide travel lane within this area that is capable of withstanding
construction equipment loads for future maintenance work;
(5)
Identification of the landowner(s), organization, municipality or
other entity responsible for long-term maintenance of the stormwater
management facility. The assignment of maintenance responsibilities
for a privately owned stormwater BMP shall, at a minimum, include
all properties that are within the control of the applicant and drain
to the BMP. However, the applicant may combine the maintenance responsibilities
of more than one BMP within the site;
(6)
Authorization to access the property by representatives of the local
unit of government, the administering authority, assigns or designees
to conduct regular inspections of the facility, monitor its performance
and maintenance, and notify the designated entity when maintenance
or repair activities are necessary;
(7)
Recognition that, upon written notification, the designated entity
shall, within a reasonable time period, complete any needed maintenance
or repair work recommended as a result of an inspection of the facility;
(8)
Authorization for the town, Washington County and/or other designated authority to carry out any maintenance activities if the designated entity does not perform the required maintenance or repair work within the time period specified in Subsection B(7) above;
(9)
Recognition that the applicable local government may exercise its statutory authority to levy and collect special assessments and charges under § 66.0627, Wis. Stats., for any services carried out relating to Subsection B(8) above;
(10)
Language confirming that the entire agreement shall remain binding
among all parties to and within the agreement, until changes are mutually
agreed to, in writing, by all parties. Any changes made to the agreement
must maintain the minimum items listed in this subsection and the
long-term maintenance of the stormwater management facility; and
(11)
Other information as determined to be necessary by the administering
authority or the Land Conservation Committee to ensure compliance
with this chapter.
C.
Agreement approval and recording.
(1)
The administering authority shall ensure that all submitted maintenance agreements comply with Subsection B above. If the agreement does not comply, the administering authority shall notify the applicant or permit holder what changes are needed in order to comply.
(2)
Upon certification of compliance with Subsections A and B above by the administering authority, the maintenance agreement shall be recorded at the Washington County Register of Deeds referencing any plat, certified survey or other ownership transfer device pertaining to land which contains a stormwater management facility or is subject to maintenance responsibility in the approved agreement. The agreement as recorded shall ensure that the maintenance requirements are binding on all subsequent owners of the property upon which the stormwater management facility is located and that the restrictions run with the land and on any other property which is subject to maintenance responsibility in the agreement.
(3)
The permit holder shall provide a copy of the recorded agreement,
including evidence of the actual recording(s), to the administering
authority.
D.
Agreement form. The maintenance agreement requirements of this section
may, at the discretion of the administering authority, be a separate
document or may be incorporated into a developer's agreement. The
form of the document proposed for recording shall be reviewed and
approved by the administering authority. Any method used shall comply
with all of the requirements of this section.
E.
Maintenance responsibilities prior to a maintenance agreement. The permit holder shall be responsible for the maintenance of all stormwater management facilities prior to a satisfactory final inspection under § 238-12E of this chapter and the release of a financial guarantee under § 238-12C of this chapter.
A.
Prohibitions.
(1)
Discharges. Except for stormwater and other discharges specifically exempted under Subsection B below, no discharge, spilling or dumping of substances or materials shall be allowed into receiving water bodies or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
(2)
Connections. The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this chapter, regardless of whether
the connection was permissible under law or practice applicable or
prevailing at the time of connection.
B.
Exemptions. The following activities are exempt from the provisions
of this section unless found to have an adverse impact on the stormwater:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from official firefighting activities, excluding
training and practice activities.
(3)
Discharges from uncontaminated groundwater, potable water source,
roof drains, foundation drains and sump pumps, air-conditioning condensation,
springs, lawn watering, individual residential car washing, water
main and hydrant flushing and swimming pools if the water has been
dechlorinated.
C.
Notice of violation. Whenever the administering authority finds a
violation of this section, the administering authority may order compliance
by written notice of violation to the responsible party. Such notice
may require, without limitation:
A.
Administering authority. The administering authority is authorized
to administer and enforce compliance with this chapter. The administering
authority shall have the following powers and duties:
(1)
Inform applicants as to the requirements of this chapter and assist
them in filling out forms and other related administrative procedures.
(2)
Review applications, issue permits, and make all determinations stated
in this chapter.
(3)
Conduct on-site inspections and investigate complaints in a timely
manner to ensure compliance with this chapter.
(4)
Maintain records of all permits issued, inspections and determinations
made, work approved, enforcement action and other official action.
(5)
Carry out duties relating to ensuring the long-term maintenance of
stormwater management facilities, such as site inspections and making
recommendations for needed repairs or maintenance, in accordance with
approved working agreements.
B.
Prohibited practices. It shall be deemed a violation, and be subject
to enforcement action, for any person, firm, association, corporation
or other entity subject to the requirements of this chapter to do
any of the following:
(1)
Commence any land-disturbing construction activity prior to:
(a)
Obtaining a runoff control permit; or
(b)
Notifying the administering authority a minimum of two working
days in advance for sites that have obtained a runoff control permit;
or
(c)
Installing those best management practices identified in the
approved plan(s) to be installed prior to any land-disturbing construction
activity.
(2)
Fail to follow the approved plan(s), or other permit conditions,
including but not limited to the required construction sequence, practice
installation and technical standards or specifications.
(3)
Fail to maintain, repair or replace any best management practice
deemed ineffective prior to the release of a financial guarantee.
C.
Violations.
[Amended by Ord. No. 2016-10]
(1)
The administering authority is authorized to use the following methods
of enforcement in any combination thereof against any person, firm,
association, corporation or other entity that is found to be in violation
of any provision of this chapter:
(a)
Forfeiture. Any violator shall be subject to a forfeiture of
not less than $50 or more than $500, plus the cost of prosecution,
for each violation. Each day that a violation exists shall constitute
a separate offense.
(b)
Stop-work order. Any violator is subject to an order to stop
all work except that which is needed as a corrective action to bring
the site into compliance, or the County Attorney may be requested
to obtain a temporary restraining order and such other remedial court
orders as shall be necessary to ensure compliance.
(c)
Permit revocation. The administering authority may revoke a
permit issued under this chapter if the administering authority determines
that the permit holder is not making a good-faith effort to comply
with the conditions of the permit. Upon loss of the permit, all construction
shall cease and the site shall be stabilized, with any costs incurred
by the County or local government to be charged against the financial
guarantee.
(d)
Emergency action. The County may enter upon the property and
take any necessary emergency action if the administering authority
determines that the site in violation is an immediate threat to public
health, safety, welfare, the environment or downstream property, or
if the permit holder or other violator refuses to take the corrective
action as ordered by the administering authority. Any cost incurred
by the County as a result of this action shall be billed to the permit
holder or subtracted from the financial guarantee provided by the
permit holder. Failure to pay said costs on a timely basis shall constitute
a violation of this chapter.
(2)
Any enforcement measures shall continue until compliance is achieved
or as ordered by the court.
(3)
The administering authority shall notify the permit holder, in writing,
of any violation. The written notice shall be hand-delivered to the
permit holder or sent by certified mail and shall describe the violation,
remedial action(s) needed, a schedule for all remedial action to be
completed, and additional enforcement action which may be taken.
(4)
The schedule established by the administering authority for required
remedial action shall be based on a reasonable amount of time required
to carry out the remedial action.
D.
Responsible party. For purposes of determining the responsible party
or parties for any enforcement action under this chapter, the phrase
"person, firm, association, corporation or other entity," as used
in this chapter, shall include, as the context requires, any owner,
lessee, tenant, mortgagee, trustee, land contract vendor or vendee,
or other holder of any legal or equitable interest in the particular
land subject to this chapter and shall also include any contractor,
subcontractor, engineer, consultant, agent or employee retained or
acting on behalf of any of the preceding and having any material responsibility
or having undertaken any activity with respect to the particular land
subject to this chapter.
A.
Authority. The Board of Adjustment shall act as the review and appeal
authority for any order, requirement, decision or determination by
the administering authority under this chapter.
B.
Procedure. The rules, procedures, duties and powers of the Board
of Adjustment shall be as provided in the County Code, and the provisions
of § 59.694, Wis. Stats., shall apply to any review or appeal
under this chapter.
C.
Variances. Upon appeal, the Board of Adjustment may authorize variances
from the provisions of this chapter which are not contrary to the
public interest or the purpose of this chapter and where, owing to
special conditions beyond the control of the applicant, a literal
enforcement of this chapter will result in unnecessary hardship.
D.
Who may appeal. Appeals to the Board of Adjustment may be taken by
any aggrieved person or by an officer, department, board or bureau
of the County affected by any decision of the administering authority.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
The terms used in this chapter shall have the following meaning:
For the purposes of Washington County, means the County Conservationist
or his or her designee; and for purposes of other governing entities
(towns, villages, cities) within Washington County, means a governmental
employee or contracted firm that is designated by the governing body
to administer this chapter.[1]
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.
Any plant grown for the purpose of harvest to support a business.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, livestock feedlots, feed storage
structures, manure storage structures, and other impervious surfaces.
The agricultural production area does not include the agricultural
activity area.
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.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff, or to reduce runoff volumes or peak flows.
All lands included within the boundary of a certified survey
map or subdivision plat created for the purpose of development or
sale of property where integrated, multiple, separate and distinct
land developing activity may take place at different times by future
owners.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path or a
minimally pervious flow path.
An area where one or more land-disturbing activities occur,
including areas that may be part of a larger common plan of development.
Preventing or reducing soil erosion and sedimentation from
land-disturbing construction activity.
A device or practice such as a swale, pipe or ditch that
is designed specifically to pass the stormwater from one place to
another. A conveyance system does not include a practice designed
for post-construction stormwater management, i.e., infiltration basin,
infiltration trench, infiltration swale, bioretention basin, rain
garden, or wet detention basin.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
The removal of trapped water from a construction site to
allow land development or utility installation activities to occur.
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.
Any area that, due to the natural resources present or the
lack of filtering capacity, is significantly more susceptible to the
negative impacts of sedimentation and other pollutants associated
with erosion and urban runoff. Examples include direct hydrologic
connections to lakes, stream, wetlands or other water resources, very
coarse or shallow soils to groundwater or bedrock, or areas inhabited
by endangered resources and environmental corridors.
The process by which the land's surface is worn away by the
action of water, wind, ice or gravity.
A written authorization made by the administering authority
to the applicant to conduct land-disturbing or land development activities
in accordance with the requirements of this chapter. An erosion and
runoff control permit regulates both construction site erosion and
post-construction stormwater runoff from a site.
Soil that has at least a three-foot-deep layer with at least
20% that passes through a No. 200 sieve (fines); or at least a five-foot-deep
layer with at least 10% that passes through a No. 200 sieve (fines);
or another medium exists with an equivalent level of protection, as
determined by the administering authority.
The placement of topsoil over disturbed areas in accordance with the requirements of § 238-7C of this chapter.
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 employs equivalent permanent stabilization measures or is otherwise
determined acceptable by the administering authority, where the risk
of further soil erosion is minimal. (See also definition of "stabilized.")
Lands identified in a document published by the Southeastern
Wisconsin Regional Planning Commission as "groundwater recharge areas"
or where, prior to any land-disturbing construction activity, precipitation
or runoff could only leave the area by infiltrating the ground, thereby
recharging the groundwater.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal nonstormwater discharge to enter the storm
drain system, including but not limited to sewage, process wastewater
and wash water; 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.
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 surfaces that typically are impervious. For purposes of this chapter, all existing and proposed driveways, parking lots, streets and roofs shall be considered impervious at the time of application. If these surfaces are specifically designed, built and maintained to encourage infiltration or storage of runoff, and the administering authority determines they meet the general requirements of § 238-8, they shall subsequently be designated by the administering authority as a pervious surface.
Complying with a specific requirement would cause undue economic
hardship and special conditions exist which are beyond the control
of the applicant and would prevent compliance.
Land development that occurs where there was no previous
land development and is surrounded by other existing land development.
The entry and movement of precipitation or runoff into or
through soil.
A device or practice, such as a basin, trench, rain garden,
pervious pavement, 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 roadway side channels
designed for conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
The County department that is charged with implementing the
soil and water conservation policies and programs of the Washington
County Land Conservation Committee, including this chapter.
The committee of the Washington County Board of Supervisors that is created under the authority of § 92.06, Wis. Stats., with the powers and duties specified in the Chapter 252, Land and Water Conservation, of the Code of Washington County.
Any construction-related activity that may ultimately result
in the addition of impervious surfaces, such as the construction of
buildings, roads, parking lots and other structures.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetation or nonvegetation
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,
excavation, pit trench dewatering, filling and grading activity.
An empirical formula for open channel flow, or flow driven
by gravity, developed by Robert Manning. The formula in English units
is V = (1.49/n) * (R2/3 * S1/2) where V = velocity (ft/s), n = Manning's roughness
coefficient, R = hydraulic radius in feet [R = A/P, A = cross sectional
area of flow (ft2), P = wetted perimeter
of flow (ft)], S = bed slope (ft/ft).
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.
The impact of any land-disturbing construction activity on
off-site property or natural resources would be negligible due to
site conditions, such as internal drainage or a very large vegetation
buffer area surrounding a small building project.
Best management practice(s) that are located outside of the
boundaries of the site covered by a permit application. Off-site BMPs
are usually installed as part of a regional stormwater management
plan approved by a local government.
A pollutant loading model approved by the WIDNR for predicting
the generation and transport of stormwater runoff pollutants and runoff
volume in urban watersheds, and evaluation of the efficiency of the
design in reducing total suspended solids (Program for Predicting
Polluting Particle Passage thru Pits, Puddles, & Ponds).
The highest flow rate of runoff, measured in cubic feet per
second, that would normally result from a given design storm.
Any best management practice that is designed to remain in
place after the development is complete. It is designed to stabilize
the site or to permanently manage stormwater runoff.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests and similar vegetated
areas are examples of surfaces that typically are pervious.
As per § 283.01(13), Wis. Stats., any dredged spoil,
solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
substance, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water.
As per § 283.01(14), Wis. Stats., man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The conditions of the land surface, including vegetation
cover and natural drainage patterns, prior to the proposed land-disturbing
construction activity. For purposes of this chapter, all predevelopment
conditions shall assume good land management and good hydrologic condition,
as stated in TR-55.
Has the meaning given in § NR 140.05(17), Wis.
Adm. Code.
A computer model developed by the University of Wisconsin,
Madison (Atchison and Severson, 2004), that is used as a design tool
for evaluating the performance of bioretention facilities, rain garden
facilities, and infiltration basins.
Areas where development is replacing older development of
similar impervious conditions.
A published document that establishes a planned course of
action for managing stormwater runoff from an entire drainage area
or watershed, including future land-disturbing construction activities
within the watershed. A regional stormwater management plan will recommend
the use of best management practices for individual development sites
and for selected points within the watershed to meet the goals and
objectives of the plan.
A public agency that the administering authority recognizes
as having the legal authority to review and approve erosion control
and stormwater management plans and enforce their implementation,
with requirements at least as restrictive as this chapter.
Any person or entity holding fee title to the property or
acting as the owner's representative, including any person, firm,
corporation or other entity performing services, contracted, subcontracted
or obligated by other agreement, to design, implement, inspect, verify
or maintain the BMPs and other approved elements of erosion control
and stormwater plans and permits under this chapter.
As used in this chapter, any private or public access drive
that serves more than two residences or businesses.
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways and sidewalks are examples of
routine maintenance, provided the lower 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the predevelopment impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed.
Stormwater or precipitation, including rain, snow, ice melt,
or similar water that moves on the land surface via sheet or channelized
flow. Also referred to as "stormwater runoff."
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
source.
As defined in Chapter 275, Shoreland, Wetland and Floodplain Zoning, of the Code of Washington County. The shoreland zone generally includes all lands within 300 feet of a navigable stream or 1,000 feet from a lakeshore. The wetland and floodplain zoning districts may extend beyond the shoreland zone.
The entire area included in the legal description on which
the land-disturbing construction activity will occur.
A pollutant loading model approved by the WIDNR for predicting
the generation and transport of stormwater runoff pollutants and runoff
volume in urban watersheds and evaluation of the efficiency of the
design in reducing total suspended solids ("Source Loading and Management
Model").
The first step in the soil-erosion process or the dislodging
of the soil particle from raindrop impact, water flow or wind. After
detachment, the soil particle can be suspended and carried in runoff
or wind to another site. Soil detachment is reduced by providing a
vegetation or synthetic cover over the soil surface or through the
application of soil treatment measures designed for this purpose.
All land-disturbing activities are completed and a uniform,
perennial, vegetative cover has been established on at least 70% of
the soil surface or other surfacing material is in place and the risk
of further soil erosion is minimal, as determined by the administering
authority.
An order issued by the administering authority which requires
that all construction activity on the site be stopped except best
management repair/installation as required by the administering authority.
A publicly owned facility by which stormwater is collected
and/or conveyed, including but not limited to any roadways 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.
Has the same meaning as the term "runoff."
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality from urban
areas after land-disturbing construction activities or land development
activity.
Any structural best management practice, such as a retention
pond, infiltration basin or other physical structure, that is designed
to collect and permanently manage the quantity and/or quality of stormwater
runoff.
The "B" horizon in any natural soil profile. Natural soil
profiles are described in detail in the Soil Survey of Washington
County.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Any best management practice that is intended to reduce soil
erosion and/or sediment in runoff during the construction phase only
and is intended to be removed after the site is stabilized.
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.
The "A" horizon found in any natural soil profile not formed
from organic material. Natural soil profiles are described in detail
in the Soil Survey of Washington County.
The total weight of material, including sediment and other solids, that is assumed to be carried in the runoff water and discharged from the site based on runoff models for urban lands. For best management practice design purposes, a five-micron particle size is usually selected as a target to achieve 80% total suspended solids removal rate, as required in § 238-8A(1)(c) of this chapter.
Has the meaning given in § 281.01(18), Wis. Stats.
The total area of land where runoff drains to a specific
point on the landscape. It is also referred to as the "drainage area."
Any day except Saturday and Sunday and holidays as listed
in § 78-5B(7)[2] of the Code of Washington County. When used in § 238-7 of this chapter, relating to specific erosion control requirements, the term "working days" shall not include any days that site stabilization activities could not reasonably be carried out due to inclement weather conditions.
