The Village of Waterford finds 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 Waterford.
It is the purpose of this article to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; 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 Waterford.
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 Wis. Stat. § 61.354, that is designated by the Village of Waterford to administer this article .
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 Village Hall 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.
CONSTRUCTION SITE An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of 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.
DIVISION OF LAND The creation from one parcel of two or more parcels or building sites where 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.
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.
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.
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 of Waterford to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT Has the meaning given in Wis. Stat. § 283.01(13).
POLLUTION Has the meaning given in Wis. Stat. § 281.01(10).
RESPONSIBLE PARTY Any entity holding fee title to the property or performing services to meet the performance standards of this article 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.
SEPARATE STORM SEWER 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:
A. Is designed or used for collecting water or conveying runoff.
B. Is not part of a combined sewer system.
C. Is not draining to a stormwater treatment device or system.
D. Discharges directly or indirectly to waters of the state.
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.
STOP-WORK ORDER An order issued by the Village of Waterford which 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.
The fees referred to in other sections of this article shall be established by the Village of Waterford and may from time to time be modified by resolution. A schedule of the fees established by the Village of Waterford shall be available for review in the Village Hall. Where the review and inspection is part of a developer's agreement pursuant to Chapter
235, Subdivision of Land, the
permit fee may be waived but the applicant shall be liable for the engineer's costs for review and inspection.
If land-disturbing construction activities are being carried out without a permit required by this article, the Village of Waterford may enter the land pursuant to the provisions of Wis. Stat. §§ 66.0119(1), (2), and (3).