(1)
This chapter is adopted under the authority granted by Wis. Stats. § 61.354, for villages. This chapter supersedes all provisions of any ordinance previously enacted under Wis. Stats. § 59.69, § 60.62, § 61.35, or § 62.23, that relate to Chapter 10. Except as otherwise specified in Wis. Stats. § 59.693, § 60.627, § 61.354, or § 62.234, Wis. Stats. § 59.69, § 60.62, § 61.35, or § 62.23, applies to this chapter and to any amendments to this chapter.
(2)
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
(3)
The Board hereby designates the Director to administer and enforce
the provisions of this chapter.
(4)
The requirements of this chapter do not preempt more stringent requirements
that may be imposed by any of the following:
(a)
Wisconsin Department of Natural Resources administrative rules,
permits or approvals including those authorized under Wis. Stats.
§ 281.16 and § 283.33.
(b)
Targeted non-agricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under s.
NR 151.004, Wis. Adm. Code.
(c)
61.354 of the Wisconsin State Statutes.
The Board finds that runoff from land disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state located within the Village.
The Board also finds that uncontrolled, post-construction runoff
has a significant impact upon water resources and the health, safety
and general welfare of the community and diminishes the public enjoyment
and use of natural resources. Specifically, uncontrolled post-construction
runoff can:
(1)
Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
(2)
Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
(3)
Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
(4)
Reduce the quality of groundwater by increasing pollutant loading.
(5)
Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainage ways, and other minor drainage facilities.
(6)
Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
(7)
Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
(1)
Purpose. The general purpose of this chapter is to establish runoff
management requirements that will diminish the threats to public health,
safety, welfare and the aquatic environment. Specific purposes are
to:
(a)
Further the maintenance of safe and healthful conditions.
(b)
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; control building sites, placement
of structures and land uses; preserve ground cover and scenic beauty;
and promote sound economic growth.
(c)
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 downstream property.
(2)
Intent. It is the intent of the Board that this chapter regulates
stormwater discharges to waters of the state. This chapter may be
applied on a site-by-site basis. The Board recognizes, however, that
the preferred method of achieving the stormwater performance standards
set forth in this chapter is through the preparation and implementation
of comprehensive, systems- level stormwater management plans that
cover hydrologic units, such as watersheds, on a municipal and regional
scale. Such plans may prescribe regional stormwater devices, practices
or systems, any of which may be designed to treat or prevent runoff
from more than one site prior to discharge to waters of the state.
Where such plans are in conformance with the performance standards
developed under Wis. Stats. § 281.16 for regional stormwater
management measures and have been approved by the Village, it is the
intent of this chapter that the approved plan be used to identify
measures acceptable for the community.
A governmental employee empowered under Wis. Stats. § 59.693,
§ 60.627, § 61.354, § 62.234, that is
designated by the Board to administer this chapter.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The 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.
Employees or designees of the Director are hereby designated
to enforce this chapter.
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this chapter, average annual rainfall
means measured precipitation in Green Bay, Wisconsin between March
29 and November 25, 1969.
Structural or non-structural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Director that is routinely and customarily
open for business.
A court- issued order to halt land disturbing construction
activity that is being conducted without the required permit.
A system for conveying both sanitary sewage and stormwater
runoff.
A development or sale where multiple separate and distinct
land disturbing construction activities may be taking place at different
times on different schedules but under one plan. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common
plan of development.
Stormwater that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, byproducts or industrial machinery in the
source areas listed in NR 216 (effective August 1, 2004).
The Wisconsin Department of Natural Resources.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TR-55, Type II, 24- hour design storms
for Village are: one year, 2.2 inches; two year, 2.5 inches; five
year, 3.2 inches; ten year, 3.7 inches; twenty-five year, 4.3 inches;
and 100-year, 5.1 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
The Director of Public Works or his or her designee.
As defined in Wis. Stats. Ch 283 (most current edition) when
used without qualification includes a discharge of any pollutant.
Discharge of pollutant or discharge of pollutants. As defined in Wis.
Stats. Ch 283 (most current edition), means any addition of any pollutant
to the waters of this state from any point source.
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.
The process by which the land's surface is worn away
by the action of wind, water, ice, or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
Waters listed in s. NR 102.11, Wis. Adm. Code.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1 1/2
miles of a fourth class city or village.
That all land disturbing construction activities at the construction
site have been completed and that a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
by the responsible party to assure that requirements of the chapter
are carried out in compliance with the stormwater management plan.
The Board of the Village of Suamico, Brown County, State
of Wisconsin.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
As found in Wis. Stats. § 340.01 (22).
As found in Wis. Stats. § 84.013 (1)(b).
As found in Wis. Stats. § 84.013(1)(c).
As found in Wis. Stats. § 84.013(1)(d).
Either of the following:
Any drain or conveyance, whether on the surface or subsurface
that allows an illicit discharge to enter the MS4 including but not
limited to any conveyances that allow any non-stormwater discharge
including sewage, process wastewater, and wash water to enter the
MS4 and any connections to the MS4 from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency or,
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater except discharges authorized
by a WPDES permit or other discharge not requiring a WPDES permit
such as landscape irrigation, individual residential car washing,
fire fighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
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, parking lots and streets are examples of areas
that typically are impervious. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
A new development area less than five acres in size that
is located within existing urban sewer service areas, surrounded by
already existing development or existing development and natural or
man-made features where development cannot occur.
Any owner, operator, corporation, partnership, association,
municipality, interstate agency, state agency, or federal agency.
Activities subject to WPDES industrial permits per NR 216
(effective August 1, 2004) and Wis. Stats. Ch. 283 (most current edition).
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or road side channels designed for
conveyance and pollutant removal only.
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.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or non-vegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities,
and soil stockpiling.
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
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.
Reconstruction of a highway that is limited to 1 1/2
miles in continuous or aggregate total length of realignment and that
does not exceed 100 feet in width of roadbed widening.
As defined in Wisconsin Administrative Code NR 216 (effective
August 1, 2004), means a conveyance or system of conveyances including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, constructed channels or storm drains, which meets
all the following criteria:
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the pre-development condition is classified as new development.
For purposes of this chapter, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Located outside the property boundary described in the permit
application.
Located within the property boundary described in the permit
application.
As found in s. NR 115.03(6), Wis. Adm. Code.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
As found in s. NR 102.10, Wis. Adm. Code.
Any person holding fee title, an easement or other interest
in property.
The percentage of a given sample of soil, which passes through
a #200 sieve.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director to the applicant
to conduct land disturbing construction activity or to discharge post-construction
runoff to waters of the state.
A sum of money paid to the Director by the permit applicant
for the purpose of recouping the expenses incurred by the authority
in administering the permit.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
As found in Wis. Stats. § 283.01 (13).
As found in Wis. Stats. § 281.01 (10).
Taking measures to eliminate or reduce pollution.
A construction site following the completion of land disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present after
the completion of land disturbing construction activity and final
site stabilization.
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
As found in s. NR 140.05(17), Wis. Adm. Code.
As found in Section 10.17 (3) (d) of the Village post-construction stormwater management ordinance.
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post- development condition
is equal to or less than the pre-development condition is classified
as redevelopment. For purposes of this chapter, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
Any entity holding fee title to the property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
That portion of a post-construction site where pre-development
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 half of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower half of the granular base associated
with the pre-development impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this chapter, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications as appropriate.
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the Director which requires that all construction
activity on the site be stopped.
Runoff from precipitation including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
The Village of Suamico.
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 United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
A public street, a public road, a public highway, a public
mass transit facility, a public-use airport, a public trail, or any
other public work for transportation purposes such as harbor improvements
under Wis. Stats. § 85.095(1)(b).
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973". The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The most current edition of the Village of Suamico Stormwater
Reference Guide for Post-Construction Stormwater Management and Construction
Site Erosion Control is available at the Village Hall and online at
www.suamico.org.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water flows.
These channels include all blue and dashed blue lines on the USGS
quadrangle maps, all channels shown on the soils maps in the NRCS
soils book for Brown County, all channels identified on the site,
and new channels that are created as part of a development. The term
watercourse includes waters of the state as herein defined.
As found in Wis. Stats. § 281.01 (18).
A Wisconsin pollutant discharge elimination system permit
issued pursuant to Wis. Stats. Ch. 283. (most current edition).
