This chapter is adopted by the Village Board
of the Village of Maple Bluff under the authority of § 61.354
of the Wisconsin Statutes.
AFFECTED
That a regulated activity has significantly:
A.
Caused negative impacts on water quality or
the use or maintenance of land or business; or
B.
Endangered 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.
BANK EROSION
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
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 [Ch. NR 102.04(3)(a), Wis. Adm. Code].
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
DIRECTOR
The Director of the Dane County Land and Water Resources
Department or his or her designee.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
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 September 10, 2002.
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 local approval
authority to assure that requirements of this 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
For the purposes of this chapter, refers to any precipitation
that does not leave the site as surface runoff.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND DISTURBING 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 ZONING ORDINANCE
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.
MAXIMUM EXTENT PRACTICABLE (MEP)
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.
NEW DEVELOPMENT
Any of the following activities:
A.
Structural development, including construction
of a new building or other structures;
B.
Expansion or alteration of an existing structure
that results in an increase in the surface dimensions of the building
or structure;
C.
Land disturbing activities; or
D.
Creation or expansion of impervious surface.
NONEROSIVE VELOCITY
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.
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 §
115-6 or a stormwater management plan required by §
115-7.
POSTDEVELOPMENT
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.
PREDEVELOPMENT
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.
RECHARGE
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.
REDEVELOPMENT
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.
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, snowmelt or icemelt.
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 snowmelt or icemelt
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.
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.
E. Redevelopment, as defined in §
115-2.
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.
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.
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.