The Village Board 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:
A. Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
B. 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.
C. Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
D. Reduce the quality of groundwater by increasing pollutant loading.
E. Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.
F. Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
G. Undermine floodplain management efforts by increasing the incidence and levels of flooding.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY A governmental employee or designee, or a regional planning commission empowered under Wis. Stat. § 61.354, that is designated by the Village Board to administer this article.
BEST MANAGEMENT PRACTICE or BMP Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY A day the offices 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.
CONNECTED IMPERVIOUSNESS An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
DESIGN STORM A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DEVELOPMENT Residential, commercial, industrial or institutional land uses and associated roads.
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.
EFFECTIVE INFILTRATION AREA 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.
EROSION The process by which the land's surface is worn away by the action of the wind, water, ice or gravity.
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 employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village of Waterford by the responsible party to assure that requirements of the article are carried out in compliance with the stormwater management plan.
IMPERVIOUS SURFACE 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.
IN-FILL AREA An undeveloped area of land located within existing development.
INFILTRATION The entry of precipitation or runoff into or through the 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 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.
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.
MAINTENANCE AGREEMENT A legal document that 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.
NEW DEVELOPMENT Development resulting from the conversion of previously undeveloped land or agricultural land uses.
OFF-SITE Located outside the property boundary described in the permit application.
ON-SITE Located within the property boundary described in the permit application.
PERCENT FINES The percentage of a given sample of soil, which passes through a #200 sieve.
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.
PERMIT ADMINISTRATION FEE A sum of money paid to the Village of Waterford by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
PERVIOUS SURFACE 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.
POLLUTANT Has the meaning given in Wis. Stat. § 283.01(13).
POLLUTION Has the meaning given in Wis. Stat. § 281.01(10).
POST-CONSTRUCTION SITE A construction site following the completion of land-disturbing construction activity and final site stabilization.
PRE-DEVELOPMENT CONDITION 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.
REDEVELOPMENT Areas where development is replacing older development.
RESPONSIBLE PARTY Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
RUNOFF Stormwater or precipitation, including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEPARATE STORM SEWER A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutter, 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 occurred.
STOP-WORK ORDER An order issued by the Village of Waterford which requires that all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN A comprehensive plan designed to reduce the flow rate, runoff volume, and discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
TECHNICAL STANDARD A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
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. Rainfall depths shall be consistent with Technical Report 40, Rainfall Frequency in the Southeastern Wisconsin Region, SEWRPC, April, 2000.
The following methods shall be used in designing and meeting the performance standards for the stormwater management plan:
A. Technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under Subchapter V of Wis. Admin. Code ch. NR 151.
B. Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used, provided that the methods have been approved by the Village of Waterford.
C. Technical engineering standards administered and/or approved by the Village of Waterford.
D. Technical standards described in The Wisconsin Stormwater Manual, WDNR for Wet Detention Basins.
E. In this article, the following year and location has been selected as average annual rainfall: Milwaukee 1969 (March 28 through December 6).
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 all related costs under the terms of the developer's agreement.