[HISTORY: Adopted by the Village Board of
the Village of Maple Bluff 9-10-2002; amended in its entirety 2-12-2008. Subsequent amendments noted where applicable.]
This chapter is adopted by the Village Board
of the Village of Maple Bluff under the authority of § 61.354
of the Wisconsin Statutes.
As used in Chapter 115:
That a regulated activity has significantly:
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.
Measured precipitation in Madison, Wisconsin, between March
12 and December 2, 1981.
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
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.
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 [Ch. NR 102.04(3)(a), Wis. Adm. Code].
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion and sedimentation from
land disturbing activity.
The Director of the Dane County Land and Water Resources
Department or his or her designee.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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.
Buildings and other structures and impervious area existing
prior to September 10, 2002.
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.
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, or similar guarantees submitted to the local approval
authority to assure that requirements of this chapter are carried
out in compliance with the stormwater management plan.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
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.
For the purposes of this chapter, refers to any precipitation
that does not leave the site as surface runoff.
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.
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.
The Dane County Land Conservation Committee created under
§ 92.06, Wis. Stats.
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.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
The Director of Public Works and Building Inspector.
Any Village ordinance adopted under Chapter 236, Wis. Stats.,
to regulate the division of land.[1]
Any Village ordinance adopted under §§ 59.69,
59.692, 59.693, 60.61, 60.62, 61.351, 61.354, 62.23, 62.231, or 62.234,
Wis. Stats., or any other statute, to regulate the use of land.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter 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 performance standards and
may vary based on the performance standard and site conditions.
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.
A rate of flow of stormwater runoff, usually measured in
feet per second, that does not erode soils. Nonerosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
Any land cover that permits rain or melting snow to soak
into the ground.
The Director of Public Works and Building Inspector.
The Plan Commission.
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 postdevelopment stormwater peak
flows as required by this chapter.
The extent and distribution of land cover types present before
the initiation of the proposed 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 postdevelopment
stormwater peak flows as required by this chapter. In a situation
where cumulative impervious surface created after the adoption of
this chapter, exceeds the threshhold of 20,000 square feet, the predevelopment
conditions shall be those prior to the proposed land disturbance.
The portion of the average annual rainfall that infiltrates
the soil and becomes groundwater. "Recharge" does not include evaporation,
transpiration, or runoff from the site.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 115-7A.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
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.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
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.
The bounded area described in an erosion control plan or
stormwater management plan.
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
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.
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.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snowmelt or icemelt.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snowmelt or icemelt
occurring within a drainage area, flowing over the surface of the
ground and collected in channels, watercourses or conduits.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
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.
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.
A.
The Village Board of the Village of Maple Bluff 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:
(1)
Carry sediment, nutrients, pathogens, organic matter,
heavy metals, toxins and other pollutants to regional lakes, streams
and wetlands;
(2)
Diminish the capacity of water resources to support
recreational and water supply uses and a natural diversity of plant
and animal life;
(3)
Clog existing drainage systems, increasing maintenance
problems and costs;
(4)
Cause bank and channel erosion;
(5)
Increase downstream flooding;
(6)
Reduce groundwater recharge, which may diminish stream
base flows and lower water levels in regional lakes, ponds and wetlands;
(7)
Contaminate drinking water supplies;
(8)
Increase risk of property damage and personal injury;
and
(9)
Cause damage to agricultural fields and crops.
B.
The Village of Maple Bluff Village Board finds that
effective sediment and stormwater management depends on proper planning,
design, and timely installation of conservation and management practices
and their continuing maintenance.
A.
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 the Village of Maple
Bluff;
B.
This chapter is intended to regulate construction
site erosion and stormwater runoff, to accomplish the following objectives:
(1)
Promote regional stormwater management by watershed;
(2)
Minimize sedimentation, water pollution from nutrients,
heavy metals, chemical and petroleum products and other contaminants,
flooding and thermal impacts to the water resources of the Village
of Maple Bluff;
(3)
Promote infiltration and groundwater recharge;
(4)
Protect functional values of natural water courses
and wetlands;
(5)
Provide a single, consistent set of performance standards
that apply to all developments in both the unincorporated and incorporated
areas of the Village of Maple Bluff;
(6)
Achieve an eighty-percent reduction in sediment load
rates to the Village of Maple Bluff waters compared to no controls
for all new development, a forty-percent reduction in sediment load
rates compared to no controls for all redevelopment and street reconstruction,
and a twenty-percent reduction in sediment load rates compared to
no controls for existing developments;
(7)
Ensure no increase in temperature of stormwater postconstruction
in order to protect cold water communities;
(8)
Ensure no increase in the rate of surface water drainage
from sites during or after construction; and
(9)
Protect public and private property from damage resulting
from runoff or erosion.
A.
This chapter applies to all areas subject to the jurisdiction
of the Village of Maple Bluff.
B.
Incorporated areas.
(1)
Cities and villages wholly or partially in Dane County may assume administration and regulation of soil erosion and stormwater control programs if they have adopted stormwater and erosion control ordinances that include standards at least as restrictive as those described in §§ 115-2, 115-6 through 115-14 and 115-16 through 115-17. Any such ordinance shall supersede any less restrictive or conflicting provision of a minimum standard, ordinance or local regulation previously adopted by that municipality and shall include effective measures for consistent administration and enforcement. Cities and villages shall have the discretion to adopt by ordinance their own equivalent internal procedures for administration of county standards.
(2)
Cities and villages that have enacted local ordinances pursuant to Subsection B(1) or entered into § 66.0301, Wis. Stats., intergovernmental cooperative agreements with the county consistent with this chapter may assume responsibility for administration and regulation of soil erosion and stormwater control programs. When a city or village assumes responsibility for administration and regulation of soil erosion and stormwater control consistent with this chapter, references in this chapter to "the Director" shall mean the local approval authority as designated by the municipal government.
(3)
If a municipality does not enact an ordinance pursuant to Subsection B(1) by the effective date of this chapter, or if the Dane County Lakes and Watershed Commission, after notice and hearing, determines that a municipality has enacted an ordinance that fails to meet the standards of §§ 115-2, 115-6 through 115-12, 115-14 and 115-16 through 115-17, the director shall enforce the provisions of this chapter within the limits of the municipality. The director shall continue to administer and enforce the provisions of this chapter until the municipality adopts and enforces an ordinance at least as restrictive as the county ordinance.
(4)
If the Dane County Lakes and Watershed Commission,
after notice and hearing, determines that a municipality is not providing
effective administration and enforcement of an ordinance adopted under
this section, it may make a finding of noncompliance with this chapter.
If a municipality is found to be in noncompliance, the director shall
administer and enforce the provisions of this chapter within the limits
of the municipality, to the extent necessary to assure compliance.
The director shall continue to administer and enforce the provisions
of this chapter until the Dane County Lakes and Watershed Commission
rescinds its finding of noncompliance.
C.
Where the standards of this chapter differ or conflict
with applicable local land division, zoning, shoreland zoning or other
applicable local ordinances or state regulations, the more restrictive
standards shall apply.
Unless expressly exempted by § 115-8, an erosion control permit under § 115-10 shall be required and all construction site erosion control provisions of this chapter shall apply to any of the following activities in the Village of Maple Bluff:
A.
Land disturbing activity in excess of 4,000 square
feet.
B.
Land disturbing activity on a slope of greater than
12%.
C.
Land disturbing activity that involves the excavation
or filling, or a combination of excavation and filling, in excess
of 400 cubic yards of material.
D.
Land disturbing activity that disturbs more than 100
lineal 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.
E.
Any new public or private roads or access drives longer
than 125 feet.
F.
Development that requires a subdivision plat, as defined
in the applicable local land division ordinance(s).
G.
Land disturbing activity that disturbs less than 4,000
square feet of land, including the installation of access drives,
that the local approval authority 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 local
approval authority shall be in writing, unless waived by the applicant.
Unless otherwise exempted by § 115-8, a stormwater control permit under § 115-10 shall be required, and all stormwater management provisions of this chapter shall apply to any of the following activities within Dane County:
A.
Any development(s) after the adoption of this chapter
that result(s) in the cumulative addition of 20,000 square feet of
impervious surface to the site.
B.
Agricultural development that creates new impervious
surface area exceeding 20,000 square feet on the site.
C.
Any development that requires a subdivision plat,
as defined in applicable local land division ordinance(s).
D.
Any development that requires a certified survey map,
as defined in the applicable local land division ordinance(s), for
property intended for commercial or industrial use.
F.
Other land development activities, including, but
not limited to, redevelopment or alteration of existing buildings
and other structures, that the local approval authority 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.
A.
The following activities are exempt from all requirements
of this chapter:
(1)
Any activity directly related to the planting, growing
and harvesting of agricultural crops.
B.
The following activities are exempt from the construction site erosion control provisions of § 115-6:
(1)
One- and two-family dwelling units regulated under
the Wisconsin Uniform Dwelling Code. Land disturbing activities in
excess of one acre, or not associated with the construction of a dwelling,
are not exempt from this chapter.
(2)
Projects specifically exempted from local erosion
control ordinances under state or federal statute. It is the responsibility
of the landowner to demonstrate such exemption with documentation
acceptable to the local approval authority.
(3)
Projects subject to an approved shoreland erosion
control permit under applicable provisions of the Dane County Code.
(5)
Municipal road or county highway projects not exempted under § 115-8B(2) are exempt from § 115-12B(3) where all of the following conditions are met:
C.
The following activities are exempt from the infiltration standards described in § 115-12B(6):
(1)
Redevelopment sites.
(2)
New development sites with less than ten-percent connected
imperviousness based on complete development of the postconstruction
site, provided the cumulative area of all impervious surface is less
than one acre.
(3)
Agricultural facilities and practices.
(4)
Areas where the infiltration rate of the soil is less
than 0.6 inch/hour measured at the bottom of the proposed infiltration
system where the soil layer is not easily removed or manipulated.
(5)
Parking areas and access roads less than 5,000 square
feet for commercial and industrial development.
(6)
Roads in commercial, industrial and institutional
land uses, and arterial roads.
A.
Purpose and intent. 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, 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.
B.
Application procedure.
(1)
The local approval authority may adopt an application
procedure and fees for provision of a preliminary review letter.
(2)
The local approval authority may charge a fee to compensate
for the cost of the preliminary review letter process.
(3)
Any person may apply for a preliminary review letter
by submitting an application that contains the information required
by the local approval authority.
(4)
The local approval authority may require a preliminary
review letter prior to accepting an application for a zoning permit,
petition to rezone or conditional use permit under applicable ordinance(s),
or the plat review officer may require a preliminary review letter
prior to accepting an application for a certified survey map under
applicable local land division ordinance(s) where any of the following
apply:
(a)
The proposal would involve one or more acres
within either the current or proposed boundaries of a commercial zoning
district.
(c)
Natural features of the site, including, but
not limited to, slope, soils, wetlands, or hydrology, are such that,
in the opinion of the local approval authority, substantial risk of
erosion, flooding or other environmental or public safety hazard exists,
or, in the opinion of the plat review officer, consultation with plan
review agency staff is necessary to determine land suitability requirements
under local subdivision ordinances.
(5)
Unless expressly waived by the applicant, decisions
by the local approval authority to require a preliminary review letter
shall be made in writing and shall detail the reasons why the authority
believes there to be a substantial risk of erosion, flooding or hazard.
A.
No activity meeting the criteria described in §§ 115-6 or 115.7 shall occur and no zoning permit may be issued until an erosion control and stormwater control permit is issued by the local approval authority.
B.
The applicant must provide the following when requesting
a permit:
(1)
Completed application form:
(a)
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.
(5)
If required by § 115-7, a stormwater management plan meeting all of the standards of § 115-12 and a draft maintenance agreement as described in § 115-12A(9).
(6)
Copies of permits or permit applications or approvals
required by any other governmental entity.
(7)
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.
(8)
An estimate of the cost of completion and installation
of all elements of the approved erosion control and stormwater management
plans.
(9)
Evidence of financial responsibility to complete the
work proposed in the plan. The local approval authority may require
a financial security instrument sufficient to guarantee completion
of the project.
C.
Approval process.
(1)
The local approval authority shall verify that the permit application is complete under § 115-10B. The local approval authority shall then forward plan(s) to the plan review agency for review and approval. Plan review staff shall review the plan(s) for compliance with the standards identified in §§ 115-11 to 115-12.
(2)
Within the timeframe set by the local approval authority,
plan review staff shall either approve the submitted plan or notify
the local approval authority 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.
(3)
The local approval authority shall notify the applicant
in writing of any deficiency in the proposed plan, and the applicant
shall be given an opportunity to correct any deficiency.
(4)
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 § 115-17C 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.
(5)
Upon approval of the plan review agency, the erosion
control or stormwater management permit shall be issued by the local
approval authority after the applicant has met all other requirements
of this chapter.
D.
Permit conditions.
(1)
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.
(2)
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.
(3)
Application for a permit shall constitute express permission by the permittee and landowner for the local approval authority to enter the property for purposes of inspection under Subsection E or curative action under § 115-17C. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(4)
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.
(5)
A copy of the approved permit and erosion control
plan shall be kept on the project site, in a place readily accessible
to contractors, engineers, local approval authority inspection staff
and other authorized personnel.
E.
Inspections.
(1)
Application for a permit under this chapter shall
constitute permission by the applicant and landowner for the local
approval authority 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.
(2)
As part of the plan approval process, the local approval
authority shall determine the minimum number of inspections required
to assure compliance. 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 plan review agency staff.
(3)
Within 10 days after installation of all practices
in an approved erosion control plan and achievement of soil stabilization,
the permittee shall notify the local approval authority.
(4)
The local approval authority shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
(5)
Within 10 days after installation of all practices
in an approved stormwater management plan, the permittee shall notify
the local approval authority 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 local approval authority.
(6)
The local approval authority shall inspect the property
to verify compliance within 10 days of notification.
(7)
Maintenance is the responsibility of the owner, and
facilities are subject to inspection and orders for repairs.
F.
Permit transfers.
(1)
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 approval from the local approval authority.
(2)
When a permittee and landowner transfer ownership,
possession or control of real estate subject to either or both an
uncompleted erosion control or 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.
(3)
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.
(4)
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:
(a)
The transferee shall file a new, approved erosion
control or stormwater management plan, or both, with the authority.
(b)
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.
(c)
The permittee shall provide the authority 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.
G.
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 local approval authority in consultation with the plan review
agency prior to implementation of said changes.
A.
Plan materials. Erosion control plans required under § 115-6 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:
(1)
Property lines, lot dimensions, and limits of disturbed
area.
(2)
Limits of impervious area, including buildings. Include
all public and private roads, interior roads, driveways, and parking
lots and indicate type of paving and surfacing material.
(3)
All natural and artificial water features, including,
but not limited to, lakes, ponds, streams (including intermittent
streams), and ditches, and areas of natural woodland or prairie. The
plan must show ordinary high-water marks of all navigable waters,
one-hundred-year flood elevations and delineated wetland boundaries.
A certified flood zone determination and/or wetland delineation may
be required at the applicant's expense.
(4)
Cross sections of and profiles of channels, swales,
and road ditches.
(5)
Culvert sizes.
(6)
Direction of flow of runoff.
(7)
Watershed size for each drainage area.
(8)
Design discharge for ditches and structural measures;
(9)
Runoff velocities.
(10)
Fertilizer and seeding rates and recommendations.
(11)
Time schedules for stabilization of ditches
and slopes.
(12)
Description of methods by which sites are to
be developed and a detailed land disturbance schedule, including time
schedules for stabilization of ditches and slopes.
(13)
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, including
runoff calculations as appropriate.
(14)
Provisions to prevent mud-tracking off site
onto public thoroughfares during the construction period.
(15)
Provisions to disconnect impervious surfaces,
where feasible.
(16)
Provisions to prevent sediment delivery to,
and accumulation in, any proposed or existing stormwater conveyance
systems.
(17)
Copies of permits or permit applications required
by any other unit of government or agency.
(18)
Existing and proposed elevations (referenced
to the National Geodetic Vertical Datum of 1929) and existing and
proposed contours in the area, where deemed necessary.
(19)
Any other information necessary to reasonably
determine the location, nature and condition of any physical or environmental
features of the site.
B.
Simplified plan checklist. Applicants may submit erosion
control proposals using simplified checklists of standard erosion
control practices, on a standard form approved by the local approval
authority, wherever all of the following conditions exist:
C.
Simplified plan checklists shall be reviewed by the
local approval authority for completeness and accuracy.
D.
Erosion control performance standards.
(1)
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:
(a)
Prevent gully and bank erosion;
(b)
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; and
(c)
Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in § 115-12B(4), 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.
(2)
Plan compliance under Subsection D(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.
(3)
Erosion control measures for plan approval need not
attempt to regulate soil transportation within the boundaries of the
applicant's site.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in § 115-12B and shall address at a minimum the following information:
(1)
A narrative describing the proposed project, including
implementation schedule for planned practices.
(2)
Identification of the entity responsible for long-term
maintenance of the project.
(3)
A map showing drainage areas for each watershed area.
(4)
A summary of runoff peak flow rate calculations, by
watershed area, including:
(5)
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:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and
proposed, including all dimensions and setbacks;
(c)
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.
(6)
Engineered designs for all structural management practices.
(7)
A description of methods to control oil and grease
or written justification for not providing such control.
(9)
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 115-10C(4).
B.
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:
(1)
Sediment control.
(a)
For new development, design practices to retain
soil particles greater than five microns on the site (eighty-percent
reduction) resulting from a one-year, twenty-four-hour storm event
(2.5 inches over a twenty-four-hour duration), according to approved
procedures, and assuming no sediment resuspension.
(b)
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 (forty-percent
reduction) 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.
(2)
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.
(3)
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 will 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.
(4)
Runoff rate control: design standards. Except for
redevelopment projects, all stormwater facilities shall be designed,
installed and maintained to effectively accomplish the following:
(a)
Maintain predevelopment peak runoff rates for
the two-year, twenty-four-hour storm event (2.9 inches over a twenty-four-hour
duration).
(b)
Maintain predevelopment peak runoff rates for
the ten-year, twenty-four-hour storm event (4.2 inches over a twenty-four-hour
duration).
(c)
Safely pass the one-hundred-year, twenty-four-hour
storm event (6.0 inches over a twenty-four-hour duration).
(5)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Subsection B(4) 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.
(6)
Infiltration.
(a)
Residential development. For residential developments,
design practices to infiltrate sufficient runoff volume so that postdevelopment
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based upon average annual rainfall. If, when designing appropriate
infiltration systems, more than 1% of the site is required to be used
as effective infiltration area, the applicant may alternately design
infiltration systems and pervious surfaces to meet or exceed the estimated
average annual recharge rate (7.6 inches per year). If this alternative
design approach is taken, at least 1% of the site must be used for
infiltration.
(b)
Nonresidential development. For nonresidential
development, including commercial, industrial and institutional development,
design practices to infiltrate sufficient runoff volume so that postdevelopment
infiltration volume shall be at least 60% of the predevelopment infiltration
volume, based on average annual rainfall. If, when designing appropriate
infiltration systems, more than 2% of the site is required to be used
as effective infiltration area, the applicant may alternately design
infiltration systems and pervious surfaces to meet or exceed the estimated
average annual recharge rate (7.6 inches per year). If this alternative
design approach is taken, at least 2% of the site must be used for
infiltration.
(c)
Pretreatment. Before infiltrating runoff, pretreatment
shall be required for parking lot runoff and for runoff from new road
construction in commercial, industrial and institutional areas that
will enter an infiltration system. The pretreatment shall be designed
to protect the infiltration system from clogging prior to scheduled
maintenance and to protect groundwater quality.
(d)
Prohibitions. Notwithstanding Subsection B(6)(a) through (c), infiltration systems may not be installed in any of the following areas:
[1]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet up gradient or within
100 feet down gradient of karst features.
[5]
Areas with less than three feet separation distance
from bottom of the infiltration system to the elevation of seasonal
high groundwater or the top of bedrock, except that this provision
does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial
and institutional parking lots and roads and residential arterial
roads with less than five feet separation distance from the bottom
of the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[7]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, for
runoff infiltrated from commercial, industrial and institutional land
uses or regional devices for residential development.
[8]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[9]
Any area where the soil does not exhibit one
of the following characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a five-foot soil layer with ten-percent fines or greater. This provision
does not apply where the soil medium within the infiltration system
provides an equivalent level of protection and does not prohibit infiltration
of roof runoff.
(e)
Alternate use of runoff. Where alternate uses
of runoff are employed, such as for toilet flushing, laundry or irrigation,
such alternate use shall be given equal credit toward the infiltration
volume required by this section.
(f)
Minimizing groundwater pollution. According
to Ch. NR 151, Wis. Adm. Code, infiltration systems designed in accordance
with this section shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventive action limit at
a point of standards application in accordance with Ch. NR 140, Wis.
Adm. Code. However, if site-specific information indicates that compliance
with the preventive action limit is not achievable, the infiltration
system may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
(7)
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)
A cold water community as identified through
§ NR 102.04(3)(a) and Ch. NR 104, Wisconsin Administrative
Code, and Class I, Class II, and Class III trout streams identified
in "Wisconsin Trout Streams, DNR publication PUB-FH-806-2002 or its
successor.
(b)
Rivers or streams proposed by the Wisconsin
Department of Natural Resources as cold water communities and Class
I, II, and III trout streams.
(8)
Thermal control, continued. The stormwater management plan does not have to meet the requirement in Subsection B(7) 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.
(9)
Thermal control, continued. A current list and maps
of affected watersheds shall be available for reference at the office
of the local approval authority and the plan review agency.
C.
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:
(1)
For existing development, design practices to retain
soil particles greater than 40 microns on the site (twenty-percent
reduction) resulting from a one-year, twenty-four-hour storm event,
according to approved procedures, and assuming no sediment resuspension.
(2)
For street reconstruction, design practices to retain
soil particles greater than 20 microns on the site forty-percent reduction)
resulting from a one-year, twenty-four-hour storm event, according
to approved procedures, and assuming no sediment resuspension.
A.
The local authority may establish off-site stormwater
management and associated fees, provided that provisions are made
to manage stormwater by an off-site facility, and provided that all
of the following conditions for the off-site facility are met:
(1)
The facility is in place.
(2)
The facility is designed and adequately sized to provide
a level of stormwater control that at least meets the ordinance standards.
(3)
The local approval authority is satisfied that the
facility has a legally obligated entity responsible for its long-term
operation and maintenance.
The design of all best management practices
designed to meet the requirements of this subchapter shall comply
with the following technical standards:
A.
Natural Resources Conservation Service's "Wisconsin
Field Office Technical Guide, Chapter 4," or its successor.
B.
Applicable construction or erosion control standards
by the Wisconsin Department of Natural Resources.
C.
Any other technical methodology approved by the Dane
County Conservationist.
The local approval authority may establish a
fee schedule for erosion control and stormwater management permits.
A.
Appeals.
(1)
Any person aggrieved by any decision of the Village
of Maple Bluff Director of Public Works or Building Inspector pursuant
to this chapter may appeal to the Zoning Board of Appeals. Such appeal
shall be taken within 30 days after the challenged decision. Notice
of appeal setting forth the specific grounds for the appeal shall
be filed with the Village of Maple Bluff Director of Public Works,
Building Inspector and the Zoning Board of Appeals. The Director of
Public Works or Building Inspector shall forthwith transmit to the
Zoning Board of Appeals the record upon which the action appealed
from was taken.
(2)
The Zoning Board of Appeals 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.
(3)
The Zoning Board of Appeals 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.
(4)
The concurring vote of a majority of the Zoning Board
of Appeals shall be necessary to reverse the decision of the Village
of Maple Bluff Director of Public Works or Building Inspector.
(5)
Municipal jurisdiction. A municipality adopting and
administering an ordinance pursuant to § 155-5B shall be
governed by the appeals process described in § 62.23(7)(e),
Wis. Stats.
B.
Variances.
(1)
An applicant may include in the application a request
for a variance from the requirements of § 155-11 or 155-12.
No variance shall be granted unless the applicant demonstrates and
the Village of Maple Bluff Director of Public Works or Building Inspector
and the county conservationist find that all of the following conditions
are present:
(a)
Enforcement of the standards set forth in this
chapter will result in unnecessary hardship to the landowner;
(b)
The hardship is due to exceptional physical
conditions unique to the property; and
(c)
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.
(2)
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 unnecessary hardship, with primary consideration to water quality and impact to downstream conditions.
(3)
A person aggrieved by a variance determination by the Village of Maple Bluff Director of Public Works or Building Inspector may appeal that decision to the Zoning Board of Appeals pursuant to § 115-16A.
(4)
A person aggrieved by a decision of the Zoning Board
of Appeals regarding a variance may appeal that decision to the Village
Board.
A.
Stop-work order.
(1)
Whenever the local approval authority finds any noncompliance
with the provisions of this chapter, the local approval authority
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 immediate 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 local approval authority
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.
(3)
Unauthorized removal of a stop-work order from the
premises shall be a violation of this chapter.
B.
In addition to posting a stop-work order, the local
approval authority shall provide a copy of the stop-work order to
the owner or contractor by personal service thereof, written notice
by certified mail, electronic mail, or facsimile transmission.
(1)
The permittee, landowner and contractor shall have
24 hours from time of notification by the local approval authority
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.
C.
If the noncompliance is not corrected within the time periods specified in Subsection B(1) or (2), the permittee and landowner authorize the local approval authority to take any action, to perform any work, or to commence any operations necessary to correct noncompliance on 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 authority for the total costs and expenses of the corrective actions. Reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.
D.
If the permittee has filed an appeal under § 115-16A(1) prior to the expiration of the time for compliance under Subsection B(1) or (2), the local approval authority may take action, perform work or correct conditions only to the extent necessary to protect against an imminent hazard or condition that will cause or threatens to cause personal injury or damage to off-site property.
A.
Any person, firm, company or corporation which violates
or refuses to comply with the provisions of this chapter shall be
subject to a forfeiture of not less than $200 nor more than $1,000
and the costs of prosecution. Each day that a violation exists shall
constitute a separate offense.
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 a 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.
C.
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 Board to seek other remedies
before seeking injunctive relief.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the Village of Maple
Bluff and shall not be deemed a limitation or repeal of any other
power granted by the Wisconsin Statutes.
