[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This chapter is adopted by the Amery City Council under the authority granted by §§ 281.33 and 62.234 and Ch. 236, Wis. Stats.
A Designated City Representative shall administer this chapter, a Designated City Representative is responsible for the review of applications and associated documentation, and a Designated City Representative is responsible for enforcement of this chapter. The Designated City Representative(s) shall be appointed by a majority vote of the Amery City Council.
Uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local surface and groundwater resources and the health, safety and general welfare of the community, and diminish the public enjoyment and use of natural resources within Amery. Specifically, uncontrolled soil erosion and stormwater runoff can:
A. 
Degrade stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperatures;
B. 
Reduce the capacity of lakes and streams to support fish, aquatic life, and recreational and water supply uses by increasing pollutant loadings of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants;
C. 
Alter wetland communities by changing wetland hydrology and increasing pollutant loads;
D. 
Reduce the quality of groundwater by increasing pollutant loading;
E. 
Threaten public health, safety, property, and general welfare by increasing runoff volumes and peak flood flows and overburdening storm sewers, drainageways and other storm drainage systems;
F. 
Undermine floodplain management efforts by increasing the incidence and levels of flooding; and
G. 
Generate airborne particulate concentrations that are health threatening or may cause other damage to property or the environment.
A. 
Purpose. The general purpose of this chapter is to establish regulatory requirements for land development and land disturbing activities aimed to minimize the threats to public health, safety, welfare, and the natural resources of Amery from construction site erosion and post-construction stormwater runoff. Specific purposes are to:
(1) 
Further the maintenance of safe and healthful conditions.
(2) 
Prevent and control the adverse effects of stormwater; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; establish erosion control and stormwater standards for building sites, placement of structures and land uses; and preserve ground cover and scenic beauty.
(3) 
Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger property.
B. 
Intent. This chapter is intended to meet the current construction site erosion control and post-construction stormwater management regulatory requirements of Subchapter III of both Ch. NR 151 and Ch. NR 216, Wis. Adm. Code, and further protect the water resources of the City of Amery.
Note: If the Designated City Representative should become an "Authorized Local Program" under the provisions of § NR 216.415, Wis. Adm. Code, a permit application under this chapter is intended to satisfy the "Notice of Intent" requirements under § NR 216.43, Wis. Adm. Code.
Jurisdictional boundaries. This chapter applies to all incorporated lands within the jurisdictional boundaries of the City of Amery.
Note: The standards in this chapter meet the DNR minimum standards noted above on the effective date of this chapter. This chapter may be administered through intergovernmental agreements under § 66.0301, Wis. Stats.
A. 
Exemptions.
(1) 
Exempt from all requirements. The following activities shall be exempt from all of the requirements of this chapter:
(a) 
Land disturbing activities directly involved in the planting, growing and harvesting of any plant grown for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries.
(b) 
Land development and land disturbing activities exempted by state or federal law, including highway construction and other projects conducted by a state agency, as defined under § 227.01(1), Wis. Stats., or under a memorandum of understanding entered into under § 281.33(2), Wis. Stats. To recognize an exemption under this subsection, the Designated City Representative may require documentation of the person(s) and regulatory agency charged with enforcing erosion control and stormwater management for the project.
(c) 
Land disturbing activity directly involved in the installation and maintenance of private on-site waste disposal systems, regulated under County ordinance.
Note: Cooperative working agreements may be used to administer this section for routine road maintenance and emergency utility work.
B. 
Applicability.
(1) 
Construction site erosion control (land disturbing activities). A stormwater permit under Article II shall be required and all provisions of this chapter shall apply to all proposed land disturbing activity that meets any of the following:
(a) 
Disturbs a total land surface area of 3,000 square feet or more;
(b) 
Involves excavation and/or filling in excess of 400 cubic yards of material;
(c) 
Involves the disturbance of road ditch, grass swale, or other open channel for a distance of 300 feet or more; or
(d) 
Is a land disturbing activity, of any size, that the Designated City Representative determines may cause an adverse impact to an environmentally sensitive area or other property or may violate any other erosion control standard set forth in this chapter or deemed to be under the intent of this chapter.
(2) 
Stormwater management (land developing activities). A stormwater permit under Article II shall be required and all provisions of this chapter shall apply to all proposed land development activity that meets any of the following:
(a) 
Is a subdivision plat;
(b) 
Is a certified survey map or any other land development activity that may ultimately result in the addition of 0.5 acre or greater of impervious surfaces, including smaller individual sites that are part of a common plan of development that may be constructed at different times;
(c) 
Involves the construction of any new public or private road; or
(d) 
Is a land development activity, regardless of size, that the Designated City Representative determines may cause an adverse impact to an environmentally sensitive area or other property. For purposes of this section, adverse impacts shall include causing chronic wetness on other property due to reoccurring discharges of stormwater or violating any other stormwater management standard set forth in this chapter or deemed to be under the intent of this chapter.
Note: Cooperative working agreements may be used to administer this section for routine road maintenance and emergency utility work.