The Village of Shorewood acknowledges that runoff from land
disturbing construction activity carries a significant amount of sediment
and other pollutants to the waters of the state in the Village of
Shorewood.
It is the purpose of this chapter to maintain safe and healthful
conditions; prevent and control water pollution; prevent and control
soil erosion and sediment discharge; protect spawning grounds, fish,
and aquatic life; control building sites, placement of structures,
and land uses; preserve ground cover and scenic beauty; and promote
sound economic growth by minimizing the amount of sediment and other
pollutants carried by runoff or discharged from land disturbing construction
activity to waters of the state in the Village of Shorewood.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village of Shorewood to administer this chapter.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques,
or devices employed to avoid or minimize soil, sediment, or pollutants
carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Building Inspector is routinely and
customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit or in
violation of a permit issued by the Building Inspector.
CONSTRUCTION SITE
An area upon which one or more of the following land disturbing
construction activities applies:
A.
Those requiring a subdivision plat approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved subdivision plats;
B.
Those requiring a certified survey approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved certified surveys;
C.
Those involving grading, removal of protective ground cover
or vegetation, demolition, excavation, land filling or other land
disturbing activity affecting a surface area of 4,000 square feet
or more;
D.
Those involving excavation or filling or a combination of excavation
and filling affecting 400 cubic yards or more of dirt, sand or other
excavation or fill material;
E.
Those involving street, highway, road, or bridge construction,
enlargement, relocation, or reconstruction;
F.
Those involving the laying, repairing, replacing, or enlarging
of an underground pipe or facility for a distance of 300 feet or more;
and
G.
Those involving grading, removal of protective ground cover
or vegetation, excavation, demolition, land filling or other land
disturbing activity on slopes of 12% or more.
H.
Notwithstanding the applicability requirements in Subsection
A, this chapter applies to construction sites of any size that, as determined by the Village Board or their designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
CONTROL PLAN
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this chapter.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building
sites of five or fewer acres each in area when such creation occurs
at one time or through the successive partition within a five-year
period.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
EXCAVATE or EXCAVATING
The act of removing materials such as, but not limited to,
earth, clay, soil, ground, stone, rocks and sand, from land, for the
purpose of or which has the resultant effect of changing the existing
contour of, or lowering, or raising, the elevation of said land or
any part thereof.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
FILL or FILLING
The act of placing, setting down or depositing solid fill
on land for the purpose of or which has the resulting effect of changing
the existing contour or of raising the elevation of said land or any
part thereof.
FINAL STABILIZATION
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.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling, and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest
in property that allows the person to undertake cropping, livestock
management, land disturbing construction activity, or maintenance
of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with §
250-5.5 of this chapter.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Village Manager or his/her
designee to the applicant to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
PERSON
Includes any natural person, firm, corporation, or partnership.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY
The landowner or any other entity performing services to
meet the requirements of this chapter through a contract or other
agreement.
RUNOFF
Stormwater or precipitation including rain, snow, or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff,
suspended within runoff, or deposited by runoff away from its original
location.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
SITE
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
SOLID FILL
Solid fill is earth, clay, soil, ground, stone, rocks, broken
concrete without reinforcement, if the same does not exceed 18 inches
at its largest dimension, or any mixture or combination of the foregoing.
STOP-WORK ORDER
An order issued by the Building Inspector that requires that
all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device,
or method.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail, or any other public work for transportation
purposes, such as harbor improvements under § 85.095(1)(b),
Wis. Stats.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers,
streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems, and other surface water or groundwater, natural
or artificial, public or private, within this state or its jurisdiction.
WETLAND
Those areas where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions, which are two acres
or greater in size. The size of the wetland area shall be measured
by the outer dimensions of the wetland area that is a contiguous wetland,
regardless of whether the wetland area is contained on one or more
parcels of land under single or multiple ownership.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, tiling, excavating,
temporary water level stabilization measures, or dike and dam construction
in a wetland area.
WIS. ADM. CODE
The Wisconsin Administrative Code, published under § 35.93,
Wis. Stats.
WIS. STATS.
The Wisconsin Statutes, published under § 35.18,
Wis. Stats.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates to the Village
Board's satisfaction that a performance standard is not achievable
and that a lower level of performance is appropriate. In making the
assertion that a performance standard is not achievable and that a
level of performance different from the performance standard is the
maximum extent practicable, the responsible party shall take into
account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
All BMPs required for compliance with this chapter shall meet
design criteria, standards, and specifications based on any of the
following:
A. Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter III
of Ch. NR 151, Wis. Adm. Code.
B. Soil loss prediction tools [such as the Universal Soil Loss Equation
(USLE)] when using an appropriate rainfall or runoff factor (also
referred to as the "R factor") or an appropriate design storm and
precipitation distribution, and when considering the geographic location
of the site and the period of disturbance.
C. Technical standards and methods approved by the Village Board.
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL
The planting, growing, cultivating, and harvesting of crops;
growing and tending of gardens, and trees; harvesting of trees.
BMP (BEST MANAGEMENT PRACTICES)
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state or manage the rate or volume of runoff.
CEASE-AND-DESIST ORDER
A court-issued order to halt land developing activity that
is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
All lands included within the boundary of a certified survey
or subdivision plat created for the purpose of development or sale
of property where multiple separate and distinct land developing activities
may take place at different times and on different schedules.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total rainfall depth.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
FEE IN LIEU
A payment of money to the Village in place of meeting all
or part of the stormwater performance standards required by this article.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Village by
the permit holder to assure that the requirements of this article
are carried out in compliance with the stormwater management plan.
GROSS AGGREGATE AREA
The total area, in acres, of all land located within the
property boundary containing the land development activity.
GROUNDWATER ENFORCEMENT STANDARD
A numerical value expressing the concentration of a substance
in groundwater, which is adopted under § 160.07, Wis. Stats.,
and § NR 140.10, Wis. Adm. Code, or § 160.09,
Wis. Stats., and § NR 140.12, Wis. Adm. Code.
GROUNDWATER PREVENTIVE ACTION LIMIT
A numerical value expressing the concentration of a substance
in groundwater which is adopted under § 160.15, Wis. Stats.,
and §§ NR 140.10, NR 140.12, or NR 140.20, Wis. Adm.
Code.
IMPERVIOUS SURFACE
A surface that releases the rainfall as surface runoff during
a large portion of the design rainfall event. Rooftops, sidewalks,
parking lots, and street surfaces are examples of impervious surfaces.
INFILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
KARST FEATURE
An area or superficial 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.
LAND DEVELOPMENT ACTIVITY
Any construction or redevelopment of buildings, roads, parking
lots, paved and unpaved storage areas, and similar facilities, but
not including agricultural activity.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. "Land disturbing
construction activity" includes clearing and grubbing, demolition,
excavating, pit trench dewatering, and filling and grading activities.
MAINTENANCE AGREEMENT
A legal document that is filed with the Milwaukee County
Register of Deeds as a property deed restriction and which provides
for long-term maintenance of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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.
MMSD
The Milwaukee Metropolitan Sewerage District.
NONSTORM DISCHARGE
A discharge to the storm sewer system created by process
other than stormwater runoff.
NONSTRUCTURAL MEASURE
A practice, technique, or measure to reduce the volume, peak
flow rate, or pollutants in stormwater that does not require the design
or installation of fixed stormwater management facilities.
OFF-SITE
Located outside the property boundary described in the permit
application for land development activity.
ON-SITE
Located within the property boundary described in the permit
for the land development activity.
OTHER THAN RESIDENTIAL DEVELOPMENT
Development of the following land uses: commercial, industrial,
government and institutional, recreation, transportation, communication,
and utilities.
PERCENT FINES
The percentage of a given sample of soil which passes through
a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERVIOUS SURFACE
A surface that infiltrates rainfall during a large portion
of the design rainfall event. Well-managed lawns, parks, fields, woodlands,
or other vegetated areas are examples of surfaces that are typically
pervious.
POLLUTANT
The meaning given in § 283.01(13), Wis. Stats.
POLLUTION
The meaning given in § 283.01(14), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbing
construction activity and final site stabilization.
POST-DEVELOPMENT CONDITION
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
stormwater runoff and infiltration.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to development activity are managed in an environmentally
sound manner.
PRETREATMENT
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
RECREATIONAL TRAIL
A path that is distinctly set apart from a roadway, street,
or sidewalk, designed for activities such as jogging, walking, hiking,
bird-watching, bicycle-riding, roller-skating, or similar recreational
activities not involving the use of motorized vehicles and not a sidewalk
according to § 340.01(58), Wis. Stats.
REDEVELOPMENT
New construction, modification or replacement of older development.
REGIONAL FLOOD
The peak flow and peak elevation of water with a 1% probability
of occurring during any one year, considering rainfall time and intensity
patterns, rainfall duration, area distribution, antecedent moisture,
and snow melt. The common misnomer "100-year flood or floodplain"
implies a temporal element rather than a one in 100 random probability
of the event.
RESIDENTIAL DEVELOPMENT
That which is created to house people, including the residential
dwellings as well as all attendant portions of the development, including
lawns, driveways, sidewalks, garages, and access streets. "Residential
development" includes single-family, multifamily, apartments, and
trailer parks.
RUNOFF or STORMWATER RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
SITE
The entire area included in the legal description of the
land on which the land disturbing construction activity occurred.
SITE RESTRICTION
Any physical characteristic which limits the use of a stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual, Part 2: Technical Design Guidelines for Stormwater Best Management
Practices.
STOP-WORK ORDER
An order issued by the Building Inspector that all construction
activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A document that identifies what actions will be taken to
reduce stormwater quantity and pollutant loads from land development
activity to levels meeting the purpose and intent of this article.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan developed to address stormwater drainage
and nonpoint source pollution control problems on a watershed or subwatershed
basis and which meets the purpose and intent of this article.
STRUCTURAL MEASURE
Source area practices, conveyance measures, and end-of-pipe
treatment that are designed to control stormwater runoff pollutant
loads, discharge volumes, and peak flow discharge rates.
SURFACE WATER
A navigable body of water as that term is defined in § 281.31(2)(d),
Wis. Stats., as amended from time to time.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TIME OF CONCENTRATION
The time period for the furthest runoff from the outlet of
a watershed to contribute to flow at the watershed outlet.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
TYPE II DISTRIBUTION
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.
WATER QUALITY MANAGEMENT
The stormwater standards and duties established under the
Clean Water Act, 33 U.S.C. § 1251 et seq., parallel state
law regulating the discharge of pollutants, and implementing regulations.
WATER QUANTITY MANAGEMENT
Stormwater duties and practices to abate peak flood flows
during regional storm events pursuant to Chapter 13 of the Milwaukee
Metropolitan Sewerage District rules as implemented and enforced by
this municipality.
WATERS OF THE STATE
The meaning given in § 281.01(18), Wis. Stats.
It generally refers to those portions of Lake Michigan and Lake Superior
within the boundaries of Wisconsin and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within the state or its jurisdiction.
Fees as described in this article are set forth in the Village
Fee Schedule. Fees shall be related to the costs involved in handling
permit applications, reviewing plans, conducting site inspections,
and administering the stormwater management program.