Village of Black Earth, WI Erosion Control and Stormwater Management

CONSTRUCTION SITE EROSION CONTROL

Editor's Note: This ordinance also superseded former Ch. 140, Erosion, Sediment and Water Runoff Control, adopted 12-1-1992 by Ord. No. 92-O-3 (Ch. 24 of the 1990 Code), as amended.

§ 140-1 Authority.

This chapter is adopted by the Village of Black Earth under the authority of § 61.354 of the Wisconsin Statutes.

§ 140-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AFFECTED

That a regulated activity has significantly:

Caused negative impacts on water quality or the use or maintenance of one's property or business; or

Endangered one's health, safety, or general welfare.

AGRICULTURAL

Related to or used for the production of food and fiber, including, but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry productions and wild crop harvesting and includes lands used for on-site buildings and other structures necessary to carry out such activities.

BEST MANAGEMENT PRACTICE

A practice, technique, or measure that is an effective, practical means of preventing or reducing soil erosion or water pollution, or both, from runoff both during and after land development activities. These can include structural, vegetative or operational practices.

COLD WATER COMMUNITY

Surface waters capable of supporting a community of cold water fish and other aquatic life or serving as a spawning area for cold water fish species [NR 102.04(3)(a) Wisconsin Administrative Code].

Preventing or reducing soil erosion and sedimentation from land disturbing activity.

EROSION (SOIL EROSION)

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

EXCAVATION

Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.

EXISTING DEVELOPMENT

Buildings and other structures and impervious area existing prior to chapter adoption.

FILL

Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.

FINANCIAL SECURITY INSTRUMENT

A surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantees submitted to the Village of Black Earth to assure that requirements of the chapter are carried out in compliance with the stormwater management plan.

GULLY EROSION

A severe loss of soil caused by or resulting in concentrated flow of sufficient velocity to create a defined flow channel.

HEAVILY DISTURBED SITE

A site where an area of land is subjected to significant compaction due to the removal of vegetative cover or earthmoving activities, including filling.

HYDROLOGIC SOIL GROUP (HSG)

Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.

IMPERVIOUS SURFACE

Any land cover that prevents rain or melting snow from soaking into the ground, such as roofs (including overhangs), roads, sidewalks, patios, driveways and parking lots. For purposes of this chapter, all road, driveway or parking surfaces including gravel surfaces, shall be considered impervious, unless specifically designed to encourage infiltration and approved by the local approval authority.

INFILTRATION

The process by which rainfall or runoff seeps into the soil.

LAND DISTURBING ACTIVITIES

Any land alterations or disturbances that may result in soil erosion, sedimentation, or change in runoff, including but not limited to removal of ground cover, grading, excavating, and filling of land.

LIGHTLY DISTURBED SITE

A site where an area of land is subjected to minor compaction due to the limited removal of vegetative cover or earthmoving activities.

LOCAL APPROVAL AUTHORITY

The municipal staff, agency or contracted entity charged by the local unit of government with responsibility for enforcing stormwater and erosion control ordinances.

LOCAL LAND DIVISION ORDINANCE

Any county, city, village or town ordinance adopted under Chapter 236, Wis. Stats. to regulate the division of land.[1]

NEW DEVELOPMENT

Any of the following activities:

Structural development, including construction of a new building or other structures;

Expansion or alteration of an existing structure that results in an increase in the surface dimensions of the building or structure;

Land disturbing activities; or

Creation or expansion of impervious surface.

NONEROSIVE VELOCITY

A rate of flow of stormwater runoff, usually measured in feet per second, which does not erode soils. Nonerosive velocities vary for individual sites, taking into account topography, soil type, and runoff rates.

PEAK FLOW

The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from the predetermined storm or flood.

PERVIOUS SURFACE

Any land cover that permits rain or melting snow to soak into the ground.

PLAN

An erosion control plan required by § 140-5 or a stormwater management plan required by § 140-6.

PLAN REVIEW AGENCY

The municipal staff, agency or qualified contracted entity charged by the local unit of government with responsibility for reviewing stormwater and erosion control plans under the local stormwater and erosion control ordinance.

PLAT REVIEW OFFICER

The municipal staff, agency or contracted entity charged by the local unit of government with responsibility for reviewing land divisions, certified survey maps or subdivision plats, or any combination thereof, under Chapter 236 of the Wisconsin Statutes.

POSTDEVELOPMENT

Refers to the extent and distribution of land cover types anticipated to occur under conditions of full development of the submitted plan. This term is used to match pre- and post-development stormwater peak flows as required by the chapter.

PREDEVELOPMENT

Refers to the extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to land disturbing activity are in good condition as described in the Natural Resources Conservation Service Technical Release 55, Urban Hydrology for Small Watersheds (commonly known as "TR-55"). This term is used to match pre- and post-development stormwater peak flows as required by the chapter. In a situation where cumulative impervious surface created after the adoption of this chapter exceeds the threshold of 20,000 square feet, the predevelopment conditions shall be those prior to any land disturbance.

REDEVELOPMENT

Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the entire existing site is predominantly developed to commercial, industrial, institutional or multifamily residential uses.

RUNOFF CURVE NUMBER (RCN)

Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.

SEDIMENT

Solid earth material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface at a different site.

SEDIMENTATION

The deposition of eroded soils at a site different from the one where the erosion occurred.

SHEET AND RILL EROSION

A loss of soil caused by sheet flow or shallow concentrated flow, and characterized by an absence of channeling or a relatively uniform loss across the exposed upper layer of the soil or shallow irregular scouring of the soil surface.

SITE

The bounded area described in an erosion control plan or stormwater management plan.

SLOPE

The net vertical rise over horizontal run, expressed as a percentage, which represents a relatively homogeneous surface incline or decline over the area disturbed.

SOIL LOSS RATE

The rate, usually measured in tons per acre per year, at which soil is transported beyond the perimeter of a given control site and which occurs as a result of sheet and rill erosion. This term does not apply to soil movement resulting from concentrated flow, such as gully or bank erosion.

STORM EVENTS

The precipitation amounts that occur over a twenty-four-hour period that have a specified recurrence interval for Dane County, Wisconsin. For example, one-year, two-year, ten-year and one-hundred-year storm events mean the precipitation amounts that occur over a twenty-four-hour period that have a recurrence interval of one, two, 10 and 100 years, respectively.

STORMWATER

The flow of water which results from and which occurs during and immediately following a rainfall, snow- or ice- melt event.

STORMWATER MANAGEMENT

Any measures taken to permanently reduce or minimize the negative impacts of stormwater runoff quantity and quality after land development activities.

STORMWATER RUNOFF

The waters derived from rains falling or snow melts or ice melts occurring within a drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits.

STREET RECONSTRUCTION

Removal and replacement of the road subgrade where existing stormwater conveyance systems are modified.

STRUCTURE

Any human-made object with form, shape and utility, either permanently or temporarily attached to, placed upon, or set into the ground, streambed or lakebed.

UNNECESSARY HARDSHIP

That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with regulations unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Editor's Note: See Ch. 295, Subdivision of Land.

§ 140-3 Legislative findings.

The Black Earth Village Board finds that construction site erosion and uncontrolled stormwater runoff from land disturbing and land development activities have significant adverse impacts upon regional water resources and the health, safety, property and general welfare of the community, and diminish the public enjoyment and use of natural resources. Specifically, soil erosion and stormwater runoff can:

Carry sediment, nutrients, pathogens, organic matter, heavy metals, toxins and other pollutants to regional lakes, streams and wetlands;

Diminish the capacity of water resources to support recreational and water supply uses and a natural diversity of plant and animal life;

Clog existing drainage systems, increasing maintenance problems and costs;

Cause bank and channel erosion;

Increase downstream flooding;

Reduce groundwater recharge, which may diminish stream base flows and lower water levels in regional lakes, ponds and wetlands;

Contaminate drinking water supplies;

Increase risk of property damage and personal injury; and,

Cause damage to agricultural fields and crops.

The Black Earth Village Board also finds that effective sediment and stormwater management depends on proper planning, design, and timely installation of conservation and management practices and their continuing maintenance.

§ 140-4 Purpose and intent.

The purpose of this chapter is to set forth the minimum requirements for construction site erosion control and stormwater management that will diminish threats to public health, safety, public and private property and natural resources of Black Earth.

This chapter is intended to regulate construction site erosion and stormwater runoff to accomplish the following objectives:

Promote regional stormwater management by watershed;

Minimize sedimentation, water pollution from nutrients, heavy metals, chemical and petroleum products and other contaminants, flooding and thermal impacts to the water resources of Black Earth;

Promote infiltration and groundwater recharge;

Protect functional values of natural watercourses and wetlands;

Provide a set of performance standards that are consistent with the standards set forth by Dane County;

Achieve a reduction of 80% in sediment load rates to Dane County waters compared to no controls for all new development, a reduction of 40% in sediment load rates compared to no controls for all redevelopment and street reconstruction, and a reduction of 20% in sediment load rates compared to no controls for existing developments;

Ensure no increase in temperature of stormwater postconstruction in order to protect cold water communities;

Ensure no increase in the rate of surface water drainage from sites during or after construction; and

Protect public and private property from damage resulting from runoff or erosion.

§ 140-5 Erosion control permits required.

Unless expressly exempted by § 140-7, an erosion control permit under § 140-9 shall be required and all construction site erosion control provisions of this chapter shall apply to any of the following activities in Black Earth:

Land disturbing activity in excess of 4,000 square feet;

Land disturbing activity on a slope of greater than 12%;

Land disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material;

Land disturbing activity that disturbs more than 100 linear feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel, including the placement, repair or removal of any underground pipe, utility or other facility within the cross section of the channel;

Any new public or private roads or access drives longer than 125 feet;

Development that requires a subdivision plat, as defined in the applicable local land division ordinances;[1]

Editor's Note: See Ch. 295, Subdivision of Land.

Land disturbing activity that disturbs less than 4,000 square feet of land, including the installation of access drives, that the Village determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream, or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include, but are not limited to, land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the Village shall be in writing, unless waived by applicant.

§ 140-6 Stormwater control permits required.

Unless otherwise exempted by § 140-7, a stormwater control permit under § 140-9 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village of Black Earth:

Any development after the effective date of this chapter that results in the cumulative addition of 20,000 square feet of impervious surface to the site;

Any development that requires a subdivision plat, as defined in any applicable local land division ordinance;

Any development that requires a certified survey map, as defined in any applicable local land division ordinance;

For any property intended for commercial or industrial use;

Redevelopment, as defined in § 140-2, shall meet the following stormwater management performance standards: § 140-11B(1)(b), (2), (4), (5), and (6).

Other land development activities, including but not limited to redevelopment or alteration of existing buildings and other structures, that the Village, Public Works Supervisor or Village Engineer determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact a lake, stream, or wetland area. All such determinations shall be made in writing unless waived by the applicant.

§ 140-7 Exemptions and clarifications.

The following activities are exempt from all requirements of this chapter:

Any activity directly related to the planting, growing and harvesting of agricultural crops; or

Construction of agricultural buildings, provided the resulting new total impervious surface area does not exceed 20,000 square feet.

The following activities are exempt from the construction site erosion control provisions of § 140-5:

One- and two-family dwelling units regulated under the Wisconsin Uniform Dwelling Code. The Village of Black Earth shall regulate these sites during the period that residential building permits are in effect, consistent with then-existing Wisconsin Uniform Dwelling Code requirements.

Construction of public buildings and buildings that are places of employment relating to activities specifically regulated by the Wisconsin Department of Commerce during the period that Department-of-Commerce-authorized building permits are in effect and specific erosion control procedures on these construction sites are effective, pursuant to § 101.1205, Wis. Stats.

State building projects subject to § 13.48 (13), Wis. Stats, and state highway projects subject to Wis. Admin. Code Chap. Trans 401.

Notwithstanding the language of Subsection B(2), activities unrelated to actual building construction shall be subject to all the requirements of this chapter. These activities shall include, but are not limited to:

Land disturbing activity prior to excavation for foundation work;

Landscaping;

Installation of driveways, parking areas and sidewalks;

Earthwork on an area greater than 4,000 square feet on sites not directly related to structural concerns; and

Development of ponds and channelized watercourses, commercial parks, and landing strips or airport runways.

Notwithstanding the language of Subsection B(3), the following activities are subject to the requirements of this chapter:

Buildings and activities of municipalities;

Buildings and activities of school districts;

Local highway projects; and

Municipal streets.

§ 140-8 Preliminary review letter.

A preliminary review letter provides a potential permit applicant with an initial simple evaluation of whether erosion and stormwater control standards can be met for a proposed site, lot layout or construction design. This review is intended to assist applicants in preparing general site plans and other submittals necessary to obtain an erosion control and stormwater permit. A preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.

§ 140-9 Permit application and administration.

No activity meeting the criteria described in § 140-5 or 140-6 shall occur and no zoning permit may be issued until an erosion control and stormwater control permit is issued by the Village Clerk.

The applicant must provide the following when requesting a permit:

Completed application form:

The application must be signed by the landowner or include a notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent and bind the landowner to the terms of this chapter.

If a landowner appoints an agent to submit an application pursuant to Subsection B(1)(a), the landowner shall be bound by all of the requirements of this chapter and the terms of any permit issued to the agent.

Fees as required by § 140-15.

Copy of preliminary review letter, if applicable.

If required by § 140-5, an erosion control plan meeting all the standards of § 140-10, or a simplified checklist as described in § 140-10.

If required by § 140-6, a stormwater management plan meeting all of the standards of § 140-11 and a draft maintenance agreement as described in § 140-11A(9).

Copies of permits or permit applications or approvals required by any other governmental entity.

A proposed timetable and schedule for completion and installation of all elements of approved erosion control and stormwater management plans and a detailed schedule for completion of construction.

An estimate of the cost of completion and installation of all elements of the approved erosion control and stormwater management plans.

Evidence of financial responsibility to complete the work proposed in the plan. The Village of Black Earth may require a financial security instrument sufficient to guarantee completion of the project.

Approval process.

The Village Clerk shall verify that the permit application is complete as described above. The Village Clerk shall then forward plan(s) to the plan review agency for review and approval. NOTE: For purposes of this Subsection C, the plan review agency shall be the Village Public Works Supervisor for erosion control permits; the plan review agency shall be the Village Engineer for stormwater control permits. Plan review staff shall review the plan(s) for compliance with the standards identified in § § 140-10 and 140-11.

Within the time frame set by the Village Clerk (which time frame shall be no longer than 45 days), plan review staff shall either approve the submitted plan or notify the Village Clerk of any deficiencies. Staff engaged in this review and approval process shall be certified where appropriate by the Wisconsin Department of Commerce for this purpose.

The Village Clerk shall notify the applicant in writing of any deficiency in the proposed plan as identified by the plan review agency, and the applicant shall be given an opportunity to correct any deficiency.

Where installed stormwater practices will be privately owned, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit issued under this chapter and applicable plan, timetables and potential liability imposed by Subsection H(3) for failure to bring the property into compliance with this chapter, after notification, shall be recorded with the Dane County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.

Upon approval by the plan review agency, the erosion control or stormwater management permit shall be issued by the Village Clerk, after the applicant has met all other requirements of this chapter.

Permit conditions.

The plan shall be implemented prior to the start of any land disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.

The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with an approved plan.

Application for a permit shall constitute express permission by the permittee and landowner for the Village Clerk, Village Engineer, Village Public Supervisor or other agents designated by the Village to enter the property at any reasonable time, with or without notice, for any inspection or for curative action under this chapter. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.

All incidental mud-tracking off-site onto adjacent public thoroughfares shall be cleaned up and removed by the end of each working day using proper disposal methods.

Inspections.

Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village Clerk, Village Engineer, Village Public Works Supervisor or other agents designated by the Village to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection E(4) and (6), as necessary to confirm compliance with the requirements of this chapter.

As part of the plan approval process, the plan review agency (NOTE: For purposes of this Subsection E, the plan review agency shall be the Village Public Works Supervisor for erosion control permits; the plan review agency shall be the Village Engineer for stormwater control permits.) shall determine the minimum number of inspections required to assure compliance. This information shall be included as part of the permit approval information provided by the Village Clerk. The site of any regulated land disturbing activity shall be inspected once every 30 days, or more frequently as determined by the local approval authority during the construction phase with assistance from the Village of Black Earth staff.

Within 10 days after installation of all practices in an approved erosion control plan and achievement of soil stabilization, the permittee shall notify the Village Clerk.

The Village Public Works Supervisor, Village Engineer or other Village agent shall inspect the property to verify compliance with the erosion control plan within 10 days of notification of soil stabilization.

Within 10 days after installation of all practices in an approved stormwater management plan, the permittee shall notify the Village Clerk and submit drawings documenting construction. The person who designed the stormwater management plan for the permittee shall submit as-built certification to ensure that constructed stormwater management practices and conveyance systems comply with the specifications included in the approved plans. At minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the Village Clerk.

The Public Works Supervisor, Village Engineer or other Village agent shall inspect the property to verify compliance within 10 days of notification.

Maintenance is the responsibility of the owner, and facilities are subject to inspection and orders for repairs.

Permit transfers.

When a permittee and landowner act to transfer an interest in property subject to an approved plan prior to completion of the proposed steps to attain soil stabilization, the permittee must secure written approval from the plan review agency. (NOTE: For purposes of this Subsection F, the plan review agency shall be the Village Public Works Supervisor for erosion control permits; the plan review agency shall be the Village Engineer for stormwater control permits.)

When a permittee and landowner transfer ownership, possession or control of real estate subject to either or both an uncompleted erosion control and stormwater management plan, the successor in interest to any portion of the real estate shall be responsible to control soil erosion and runoff and shall comply with the minimum standards provided in this chapter.

When ownership, possession or control of property subject to an uncompleted erosion control or stormwater management plan, or both, is transferred, the former owner (seller) shall notify the new owner (buyer) as to the current status of compliance, with notice to the authority, and provide a copy of the erosion control plan or stormwater management plan, or both.

Transfers of interest in real estate subject to an approved, uncompleted plan may be conducted consistent with this chapter under any of the following arrangements:

The transferee shall file a new, approved erosion control or stormwater management plan, or both, with the authority.

The transferee shall obtain an approved assignment from the authority as subpermittee to complete that portion of the approved plan regulating soil erosion and runoff on the transferee's property.

The permittee shall provide the Village of Black Earth with a duly completed and executed continuing surety bond or certified check in an amount sufficient to complete the work proposed in the approved plan; at the time of transfer, the permittee may seek to reduce the surety bond or certified check to the appropriate amount to complete remaining work. If the transferor enters into escrow agreements with transferees to complete an approved plan, these funds shall be available to the authority to attain plan compliance. When an approved erosion control plan and, if required, a stormwater management plan is or are not completed as proposed, the authority may use the surety bond to complete remaining work to achieve plan compliance.

Plan or permit amendments. Any proposed modifications to approved plans, construction schedules or alterations to accepted sequencing of land disturbing site activities shall be approved by the plan review agency (NOTE: For purposes of this Subsection G, the plan review agency shall be the Village Public Works Supervisor for erosion control permits; the plan review agency shall be the Village Engineer for stormwater control permits.) in consultation with the Village of Black Earth prior to implementation of said changes.

Enforcement.

Stop-work order.

Whenever the Village Clerk, Village Public Works Supervisor, Village Engineer, Village Building Inspector, or other Village agent, finds any noncompliance with the provisions of this chapter, the Village shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance if such person is readily available. If the owner or person performing the work is not readily available, that person refuses to voluntarily comply immediately or the noncompliance presents an imminent danger or will cause or threatens to cause bodily injury or damage to off-site property, including, but not limited to, off-site runoff, the Village shall post in a conspicuous place on the premises, a stop-work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.

The stop-work order shall provide the following information: date of issuance, reason for posting and the signature of the inspector posting the card.

Unauthorized removal of the stop-work order from the premises shall be a violation of the chapter.

In addition to posting a stop-work order, the Village Clerk shall provide notification to the owner or contractor by personal service, written notice by certified mail, or facsimile transmission.

The permittee, landowner and contractor shall have 24 hours from the time and date of notification by the Village Clerk to correct any noncompliance with the plan when notification is by either personal communication of noncompliance to the owner or contractor or their respective agents or written notice sent by certified mail to the owner or contractor.

If notice is not provided under § 140-9H(2)(a), the permittee and landowner shall have 72 hours to correct any noncompliance with the plan when notification is by posting notice in a conspicuous place on the site or sending notice by facsimile transmission to the owner or contractor.

If any noncompliance is not corrected within the time periods specified in § 140-9H(2)(a) or (b), the permittee and landowner authorize the Village and any agent designated by the Village to take any action, to perform any work, or commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the Village for the total costs and expenses of the aforementioned actions; said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.

If the permittee has filed an appeal prior to the expiration of the time for compliance, the Village may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.

Penalties.

Any person, firm, company or corporation, owner, occupant or other user of the premises who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture of between $50 and $500 for the first offense and between $150 and $750 for a second offense within 12 months. Each day that a violation exists shall constitute a separate offense. Bond shall be as set forth in § 12-4, Exhibit B.

Any person who has the ability to pay any forfeiture entered against him or her under this chapter but refuses to do so may be confined in the county jail until such forfeiture is paid, but in no event to exceed 30 days. In determining whether an individual has the ability to pay forfeiture, all items of income and all assets may be considered regardless of whether or not such income or assets are subject to garnishment, lien or attachment by creditors.

As a substitute for or as an addition to forfeiture actions or corrective action, the Village Attorney is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village to take corrective action or prosecute for forfeiture before resorting to injunctive relief.

Fees. The permit fee shall be payable at the time an application for either an erosion control or a stormwater management permit, or both, is submitted.

§ 140-10 Erosion control plan requirements.

Plan materials. Erosion control plans required may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and, except as specifically exempted below, shall include at a minimum, the following information:

Limits of disturbed area;

Limits of impervious area;

Cross sections of and profiles within road ditches;

Culvert sizes;

Direction of flow of runoff;

Watershed size for each drainage area;

Design discharge for ditches and structural measures;

Runoff velocities;

Fertilizer and seeding rates and recommendations;

(10)

Time schedules for stabilization of ditches and slopes;

(11)

Description of methods by which sites are to be developed;

(12)

Provision for sequential steps mitigating erosive effect of land disturbing activities to be followed in appropriate order and in a manner consistent with accepted erosion control methodology suitable to proposed sites and amenable to prompt revegetation;

(13)

Provisions to prevent mud-tracking off-site onto public thoroughfares during the construction period; and

(14)

Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features of the site.

Simplified plan checklist.

Applicants may submit erosion control proposals using simplified checklists of standard erosion control practices, on a standard form approved by the Village Public Works Supervisor, wherever all of the following conditions exist:

The site does not exceed 20,000 square feet in area; and

The slope of the land does not exceed 6% throughout the site.

Simplified plan checklists shall be reviewed by the Village Public Works Supervisor for completeness and accuracy.

Erosion control performance standards.

Proposed design, suggested location and phased implementation of effective, practicable erosion control measures for plans shall be designed, engineered and implemented to achieve the following results:

Prevent gully and bank erosion; and

Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed 7.5 tons per acre annually.

Plan compliance under Subsection C(1) shall be determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane County Conservationist that considers season of year, site characteristics, soil erodibility and slope.

Erosion control measures for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant's site.

§ 140-11 Stormwater management plan requirements.

Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B and shall address at a minimum the following information:

A narrative describing the proposed project, including implementation schedule for planned practices;

Identification of the entity responsible for long-term maintenance of the project;

A map showing drainage areas for each watershed area;

A summary of runoff peak flow rate calculations, by watershed area, including:

Preexisting peak flow rates;

Postconstruction peak flow rates with no detention;

Postconstruction peak flow rates with detention;

(d)

Assumed runoff curve numbers (RCNs); and

(e)

Time of concentration (Tc) used in calculations.

A complete site plan and specifications, signed by the person who designed the plan. All plans shall be drawn to an easily legible scale, shall be clearly labeled, and shall include, at a minimum, all of the following information:

Property lines and lot dimensions;

All buildings and outdoor uses, existing and proposed, including all dimensions and setbacks;

All public and private roads, interior roads, driveways and parking lots. Show traffic patterns and type of paving and surfacing material;

(d)

All natural and artificial water features, including, but not limited to lakes, ponds, streams (including intermittent streams), and ditches. Show ordinary high-water marks of all navigable waters, one-hundred-year flood elevations and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense;

(e)

Depth to bedrock;

(f)

Depth to seasonal high-water table;

(g)

The extent and location of all soil types as described in the Dane County Soil Survey, slopes exceeding 12%, and areas of natural woodland or prairie;

(h)

Existing and proposed elevations (referenced to the North American Vertical Datum of 1988, where available) and existing and proposed contours in the area requiring a grading and filling permit;

(i)

Elevations, sections, profiles, and details as needed to describe all natural and artificial features of the project;

(j)

Soil erosion control and overland runoff control measures, including runoff calculations as appropriate;

(k)

Detailed construction schedule;

(l)

Copies of permits or permit applications required by any other governmental entities or agencies;

(m)

Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features;

(n)

Location of all stormwater management practices;

(o)

All existing and proposed drainage features;

(p)

The location and area of all proposed impervious surfaces; and

(q)

The limits and area of the disturbed area.

Engineered designs for all structural management practices;

A description of methods to control oil and grease or written justification for not providing such control;

If required, a description and plans to control temperature of runoff;

A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 140-9C(4).

Stormwater management performance standards. Proposed design, suggested location and phased implementation of effective, practicable stormwater management measures for plans shall be designed, engineered and implemented to achieve the following results:

Sediment control.

For new construction, design practices to retain soil particles greater than five microns on the site (reduction of 80%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.

For redevelopment resulting in exposed surface parking lots and associated traffic areas, design practices to retain soil particles greater than 20 microns on the entire site (reduction of 40%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension. Under no circumstances shall the site's existing sediment control level or trapping efficiency be reduced as a result of the redevelopment.

Oil and grease control. For all stormwater plans for commercial or industrial developments and all other uses where the potential for pollution by oil or grease, or both, exists, the first 0.5 inches of runoff will be treated using the best oil and grease removal technology available. This requirement may be waived by the plan reviewer only when the applicant can demonstrate that installation of such practices is not necessary.

Runoff rate control.

Hydrologic calculations. All runoff calculations shall be according to the methodology described in the Natural Resources Conservation Service's Technical Release 55, Urban Hydrology for Small Watersheds (commonly known as "TR-55"), or other methodology approved by the Dane County Conservationist. For agricultural land subject to this section, the maximum runoff curve number (RCN) used in such calculations shall be 51 for HSG A, 68 for hydrologic soil group B, 79 for HSG C, and 84 for HSG D. The TR-55-specified curve numbers for other land uses shall be used. Heavily disturbed sites shall be lowered one permeability class for hydrologic calculations. Lightly disturbed areas require no modification. Where practices have been implemented to restore soil structure to predeveloped conditions, no permeability class modification is required.

Design standards. All stormwater facilities shall be designed, installed and maintained to effectively accomplish the following:

Maintain predevelopment peak runoff rates for the two-year, twenty-four-hour storm event (2.9 inches over 24 hours' duration.)

[2]

Maintain predevelopment peak runoff rates for the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours' duration.)

[3]

Maintain predevelopment peak runoff rates for the one-hundred--year, twenty-four-hour storm event (6.0 inches over 24 hours' duration).

Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required herein, at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.

Infiltration. All downspouts, driveways and other impervious areas shall be directed to pervious surfaces, where feasible, or unless the applicant can demonstrate that the practice is likely to result in groundwater contamination.

Thermal control.

The stormwater management plan shall include provisions and practices to reduce the temperature of runoff for sites located within the watershed of a river or stream identified by the Wisconsin Department of Natural Resources as:

A cold water community as identified through NR102.04(3)(a), NR104, Wisconsin Administrative Code, and Class I, Class II, and Class III trout streams identified in "Wisconsin Trout Streams," DNR publication 6-3600(80) or its successor.

[2]

Rivers or streams proposed by the Wisconsin Department of Natural Resources as cold water communities and Class I, II, and III trout streams.

The stormwater management plan does not have to meet the requirement in Subsection B(6)(a) if the applicant can justify by use of a model approved by the Dane County Conservationist that practices are not necessary because the temperature increase of runoff from the site postdevelopment will be zero.

A current list and maps of affected watersheds shall be available for reference at the Village office or the Village Engineer.

Stormwater management goals. The following standards shall be met whenever possible, and proposed design, suggested location and implementation of practices to meet these goals shall be included in plans:

For existing development, design practices to retain soil particles greater than 40 microns on the site (reduction of 20%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.

For street reconstruction, design practices to retain soil particles greater than 20 microns on the site (reduction of 40%) resulting from a one-year, twenty-four hour storm event, according to approved procedures, and assuming no sediment resuspension.

§ 140-12 Off-site stormwater management.

Off-site stormwater management is allowed, provided that all of the following conditions for the off-site facility are met:

The facility is in place;

The facility is designed and adequately sized to provide a level of stormwater control that at least meets the chapter standard; and

The facility has a legally obligated entity responsible for its long-term operation and maintenance.

§ 140-13 Technical standards and specifications.

The design of all best management practices designed to meet the requirements of this chapter shall comply with the following technical standards:

Natural Resources Conservation Service's Field Office Technical Guide, Chapter 4 or its successor.

Wisconsin Department of Natural Resources' Wisconsin Construction Site Best Management Practice Handbook or its successor.

Any other technical methodology approved by the Village Engineer and the Dane County Conservationist.

§ 140-14 Appeals and variances.

Appeals.

Any person aggrieved by any decision of the Village Clerk, Village Engineer, or Village Public Works Supervisor pursuant to this chapter may appeal to the Black Earth Village Board. Such appeal shall be taken within 15 days after the challenged decision. Written notice of appeal setting forth the specific grounds for the appeal shall be filed with the Village Clerk and the Village Board. The Village Clerk shall forthwith transmit to the Village Board the record upon which the action appealed from was taken.

The Village Board shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Ch. 985, Wis. Stats, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.

The Village Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of a majority of the Village Board shall be necessary to reverse the decision of the Village Clerk, Village Engineer, or Village Public Works Supervisor.

Variances.

An applicant may include in the application a request for a variance from the requirements of § 140-10 or 140-11. No variance shall be granted unless the applicant demonstrates and the plan review agency, (NOTE: For purposes of this Subsection B, the plan review agency shall be the Village Public Works Supervisor for erosion control permits; the plan review agency shall be the Village Engineer for stormwater control permits.) after consultation with the County Conservationist, finds that all of the following conditions are present:

Enforcement of the standards set forth in this chapter will result in unnecessary hardship to the landowner;

The hardship is due to exceptional physical conditions unique to the property;

Granting the variance will not adversely affect the public health, safety or welfare, nor be contrary to the spirit, purpose and intent of this chapter;

(d)

The project will have no impact upon any of the stated purposes of this chapter;

(e)

The applicant has proposed an alternative to the requirement from which the variance is sought that will provide equivalent protection of the public health, safety and welfare, the environment and public and private property;

(f)

The net cumulative effect of the variance will not impact downstream conditions; and

(g)

Existing regional facilities are shown to meet the performance standards of this chapter.

If all of the conditions set forth in Subsection B(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.

A variance from the provisions of § 140-11B(1), (2) or (3) may only be granted if:

The applicant has met the requirements of § 140-14B(1); and

The applicant will be denied all reasonable and beneficial use of the property if the variance is denied.