This article is adopted pursuant to the guidelines in § 61.354,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
This article applies to any land disturbing activity occurring anywhere within the territorial limits of the Village and publicly or privately owned lands within the extraterritorial plat review jurisdiction of the Village which involve an area in excess of 4,000 square feet or involve activity on a slope of greater than 10% grade which may have off-site impacts, excluding agricultural activities. This article shall not apply to construction sites regulated by the Wisconsin Uniform Dwelling Code (UDC), although the Village shall regulate these sites during the period that residential building permits are in effect under the provisions of §
173-3 of this Code consistent with then-existing UDC regulations. In addition, this article applies to activities unrelated to actual building construction such as, but not limited to, land disturbing activity prior to excavation for foundation work, landscaping, installation of driveways, parking areas and sidewalks, extensive earth work on sites not directly related to structural concerns, developments of ponds and channelized watercourses, commercial parks and landing strips or airport runways. The Village may enter into intergovernmental cooperative agreements pursuant to § 66.0301, Wis. Stats., with other governmental entities to enhance enforcement of these requirements.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
CONTROL MEASURE
A practice or combination of practices to control erosion
and attendant pollution.
CONTROL PLAN
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Building Inspector and/or Village Engineer.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
LAND DEVELOPING ACTIVITY
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made change of the land surface, including removing
vegetation cover, excavating, filling and grading, but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
LAND USER
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
uses of his land.
LANDOWNER
Any person holding title to or having any interest in land.
PLAN
The erosion control plan required by §
208-7 of this Code of Ordinances.
RUNOFF
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
SENSITIVE AREA
Lakes, perennially flowing and intermittent streams or wetlands.
SET OF ONE-YEAR DESIGN STORMS
The following rain intensities and rain volumes or corresponding
values specific to the community for the storm durations of 0.5, 1,
2, 3, 6, 12 and 24 hours that occur approximately one per year. The
following are typical characteristics of these one-year storms for
most of Wisconsin:
Storm Duration
(hours)
|
Rain Intensity
(inches/hour)
|
Average Total Rain
(inches)
|
---|
0.5
|
1.8
|
0.9
|
1
|
1.1
|
1.1
|
2
|
0.7
|
1.3
|
3
|
0.5
|
1.5
|
6
|
0.3
|
1.7
|
12
|
0.2
|
2.0
|
24
|
0.1
|
2.3
|
SITE
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
SOIL LOSS RATE
The rate, measured in tons per acre per year, at which soil
movement occurs as a result of sheet and rill erosion and does not
apply to ditches or areas of concentrated flows.
All control measures required to comply with this article shall
meet the design criteria, standards and specifications for the control
measures based on accepted design criteria, standards and specifications
identified by the Building Inspector and/or Village Engineer.
All sedimentation basins and other control measures necessary
to meet the requirements of this article shall be maintained by the
applicant or subsequent landowner during the period of land disturbance
and land development of the site in a satisfactory manner to ensure
adequate performance and to prevent nuisance conditions.