15-3-1 Authority
15-3-2 Findings of Fact
15-3-3 Purpose and Intent
15-3-4 Applicability and Jurisdiction
15-3-5 Definitions
15-3-6 Technical Standards
15-3-7 Performance Standards
15-3-8 Permitting Requirements, Procedures and Fees
15-3-9 Stormwater Management Plan
15-3-10 Maintenance Agreement
15-3-11 Financial Guarantee
15-3-12 Fee Schedule; Escrow Deposit
15-3-13 Exceptions and Waivers
15-3-14 Inspections and Enforcement
15-3-15 Appeals
15-3-16 Limitations on Village Responsibility
(a) Statutory Authority. This Chapter was originally adopted under the authority granted by Sec. 61.354, Wis. Stats. This Chapter supersedes all provisions of ordinance(s) previously enacted under Sec. 61.35, Wis. Stats., that relate to stormwater management regulations. Except as otherwise specified in Sec. 61.354, Wis. Stats., Sec. 61.35, Wis. Stats., applies to this Chapter and to any amendments to this Chapter.
(b) Limitation on Other Regulations. The provisions of this Chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
(c) Administration. The Village of Edgar hereby designates the Village Engineer to administer and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the Village Engineer may be delegated by the Village Engineer to persons or entities acting in the beneficial interest of or in the employ of the Village of Edgar.
(d) Applicability of Requirements. The requirements of this Chapter do not pre-empt more stringent stormwater management requirements that may be imposed by any of the following:
(1) Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Secs. 281.16 and 283.33, Wis. Stats.
(2) Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under NR 151.004, Wis. Adm. Code.
The Village Board of the Village of Edgar finds that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:
(a) Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperatures.
(b) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
(c) Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
(d) Reduce the quality of groundwater by increasing pollutant loading.
(e) Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.
(f) Threaten public health, safety, property and general welfare by increasing major flood peaks and volumes.
(g) Undermine floodplain management efforts by increasing the incidence and levels of flooding.
(a) Purpose. The general purpose of this Chapter is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:
(1) Further the maintenance of safe and healthful conditions.
(2) Prevent and control the adverse effects of stormwater; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
(3) Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; control increases in the scouring and transportation of particulate matter; and prevent conditions that endanger downstream property.
(b) Intent. It is the intent of the Village of Edgar that this Chapter regulates post-construction stormwater discharges to waters of the state. This Chapter may be applied on a site-by-site basis. The Village of Edgar recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this Chapter is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one (1) site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under Sec. 281.16, Wis. Stats., for regional stormwater management measures and have been approved by the Village of Edgar, it is the intent of this Chapter that the approved plan be used to identify post-construction management measures acceptable for the community.
(a) Applicability.
(1) Where not otherwise limited by law, this Chapter applies to land development activity that results in one (1) or more acres of land disturbing construction activity, unless the site is otherwise exempt under Subsection (a)(2) below.
(2) A post-construction site that meets any of the criteria in this Subsection is exempt from the requirements of this Chapter:
a. A redevelopment post-construction site with no net increase in exposed parking lots, roads, rooftops, or other impervious areas.
b. A post-construction site with less than ten percent (10%) connected impervious- ness based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one (1) acre.
c. Nonpoint discharges from agricultural facilities and practices.
d. Nonpoint discharges from silviculture activities.
e. Routine maintenance for project sites under five (5) acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
f. Underground utility construction such as but not limited to water, sewer and fiber optic lines. This exemption does not apply to the construction of any above ground structures or lift stations associated with utility construction.
(3) Notwithstanding the applicability requirements in Subsection (a)(l), this Chapter applies to land development activity of any size that, in the opinion of the Village Engineer or Building Inspector, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(b) Jurisdiction. This Chapter applies to post-construction sites within the boundaries and jurisdiction of the Village of Edgar, as well as all lands located within the extraterritorial plat approval jurisdiction of the Village of Edgar, even if plat approval is not involved.
(c) Exclusions. This Chapter is not applicable to activities conducted by a state agency, as defined under Sec. 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Sec. 281.33(2), Wis. Stats.
The following definitions shall be applicable in this Chapter:
(a) Definitions Established. The following definitions shall be applicable in this Chapter:
(1) Administrative Authority.
A governmental employee, or a regional planning commission empowered under Sec. 61.354, Wis. Stats., that is designated by the Village Board to administer this Chapter.
(2) Agricultural Activity Area.
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavations, filling and similar practices. The agricultural activity area does not include the agricultural production area.
(3) Agricultural Facilities and Practices
. Has the meaning given in Sec. 281.16, Wis. Stats.
(4) Agricultural Production Area.
The part of a farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the "agricultural activity area".
(5) Average Annual Rainfall.
A calendar year of precipitation, excluding snow, which is considered typical.
(6) Best Management Practice ("BMP").
Structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
(7) Business Day.
A day the Office of Village Engineer is routinely and customarily open for business.
(8) Cease and Desist Order.
A court-issued order to halt land disturbing construction .activity that is being conducted without the required permit.
(9) Combined Sewer System.
A system for conveying both sanitary and stormwater runoff.
(10) Common Plan of Development or Sale.
A development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
(11) Connected Imperviousness.
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
(12) Construction Site.
An area upon which one (1) or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.
(13) Design Storm.
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(14) Development.
Residential, commercial, industrial, institutional, or other land uses and associated roads.
(15) Division of Land.
The creation from one parcel of five (5) or more parcels or building sites of four (4) or fewer acres each in area where such creation occurs at one time or through the successive partition within a five (5) year period.
(16) 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.
(17) Erosion.
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
(18) Exceptional Resource Waters.
Waters listed in NR 102.11, Wis. Adm. Code.
(19) Extraterritorial.
The unincorporated area within three (3) miles of the corporate limits of a first, second or third class city, or with one and one-half (1 1/2) miles of a fourth class city or village.
(20) Final Stabilization.
That all land disturbing construction activities at the construction site have been completed and that a uniform, perennial, vegetative cover has been established, with a density of at least seventy percent (70%) of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
(21) Financial Guarantee.
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village Administrator-Clerk-Treasurer or Engineer by the responsible party to assure that requirements of the Chapter are carried out in compliance with the stormwater management plan.
(22) Governing Body.
The Village Board of the Village of Edgar.
(23) Highway.
Has the meaning given in Sec. 340.01(22), Wis. Stats.
(24) Highway Reconditioning.
Has the meaning given in Sec. 84.013(1)(b), Wis. Stats.
(25) Highway Reconstruction.
Has the meaning given in Sec. 84.013(1)(c), Wis. Stats.
(26) Highway Resurfacing.
Has the meaning given in Sec. 84.013(1)(d), Wis. Stats.
(27) Impervious Surface.
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.
(28) In-Fill Area.
An undeveloped area of land located within existing development.
(29) Infiltration.
The entry of precipitation or runoff into or through the soil.
(30) 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 road side channels designed for conveyance and pollutant removal only.
(31) 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.
(32) Land Development Activity.
Any construction-related activity that results in the addition or replacement of impervious surfaces such as rooftops, roads, parking lots, and other structures. Measurement of areas impacted by land development activity includes areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan.
(33) Land Disturbing Construction Activity (Disturbance).
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
(34) Maintenance Agreement.
A legal document that provides for long-term maintenance of stormwater management and best management practices.
(35) 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 the performance standards and may vary based on the performance standard and site conditions.
(36) Minor Reconstruction of a Highway.
Reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed one hundred (100) feet in width of roadbed widening.
(37) New Development.
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
(38) Off-Site.
Located outside the property boundary described in the permit application.
(39) On-Site.
Located within the property boundary described in the permit application.
(40) Ordinary High-Water Mark.
Has the meaning given in NR 115.03(6), Wis. Adm. Code.
(41) Outstanding Resource Waters.
Waters listed in NR 102.10, Wis. Adm. Code.
(42) Percent Fines.
The percentage of a given sample of soil, which passes through a #200 sieve.
(43) Performance Standard.
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
(44) Permit.
Written authorization made by the Village Engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
(45) Permit Administration Fee.
A sum of money paid to the Village of Edgar by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
(46) Pervious Surface.
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
(47) Pollutant.
Has the meaning given in Sec. 283.01(13), Wis. Stats.
(48) Pollution.
Has the meaning given in Sec. 281.01(I 0), Wis. Stats.
(49) Post-Construction Site.
A construction site following the completion of land disturbing construction activity and final site stabilization.
(50) Post-Development.
The extent and distribution of land cover types present after the completion of land disturbing construction activity and final site stabilization.
(51) Pre-Development.
The extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
(52) Preventive Action Limit.
Has the meaning given in NR 140.05(17), Wis. Adm. Code.
(53) Redevelopment.
Areas where development is replacing older development.
(54) Responsible Party.
Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post- construction stormwater BMP's.
(55) Routine Maintenance.
That portion of a post-construction site where pre- development impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided the lower one-half (1/2) of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower one-half (1/2) of the granular base associated with the pre-development impervious surface is disturbed or if the soil located beneath the impervious surface is exposed.
(56) Runoff.
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
(57) Separate Storm Sewer.
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
a. Is designed or used for collecting water or conveying runoff.
b. Is not part of a combined sewer system.
c. Is not draining to a stormwater treatment device or system.
d. Discharges directly or indirectly to waters of the state.
(58) Site.
The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
(59) Stop Work Order.
An order issued by the Village Engineer which requires that all construction activity on the site be stopped.
(60) Stormwater Management Plan.
A comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.
(61) Stormwater Management System Plan.
A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
(62) Technical Standard.
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
(63) Top of the Channel.
An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than twelve percent (12%) continually for at least fifty (50) feet. If the slope of the land is twelve percent (12%) or less continually for the fifty (50) feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
(64) TR-55.
The "United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55", June, 1986.
(65) Transportation Facility.
A public street, a public road, a public highway, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes such as harbor improvements under Sec. 85.095(l)(b), Wis. Stats.
(66) Type II Distribution.
A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149", published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
(67) Village Engineer.
The professional engineer or certified building inspector designated by the Village Board to administer this Chapter, and includes any other persons supervised by the professional engineer or certified building inspector.
(68) Waters of the State.
Has the meaning given in Sec. 281.01(18), Wis. Stats.
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