[HISTORY: Adopted by the Village Board of the Village of
Dane 10-1-2002 (Title 15, Ch. 2, of the 1996 Code). Amendments noted where applicable.]
This chapter is adopted by the Village of Dane under the authority
of § 61.354, Wis. Stats.
A.
The Village Board of the Village of Dane 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 Board of the Village of Dane also finds that effective
sediment and stormwater management depends on proper planning, design,
and timely installation of conservation and management practices and
their continuing maintenance.
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 Dane.
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 Dane;
(3)
Promote infiltration and groundwater recharge;
(4)
Protect functional values of natural watercourses and wetlands;
(5)
Provide a set of performance standards that are consistent with the
standards set forth by Dane County;
(6)
Achieve an eighty-percent reduction in sediment load rates to Dane
County 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 post-construction
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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 production and wild crop
harvesting, and includes lands used for on-site buildings and other
structures necessary to carry out such activities.
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 [§ NR 102.04(3)(a), Wis. Adm. Code].
Preventing or reducing soil erosion and sedimentation from
land-disturbing activity.
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 ordinance adoption.
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 Village of
Dane Board 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.
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 Village Board.
The process by which rainfall or runoff seeps into the soil.
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.
Any county, city, village or town ordinance adopted under
Ch. 236, Wis. Stats., to regulate the division of land.
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 municipal staff, agency or qualified contracted entity
charged by the local unit of government with responsibility for reviewing
stormwater and erosion control plans under the local stormwater and
erosion control ordinance.
The municipal staff, agency or contracted entity charged
by the local unit of government with responsibility for reviewing
land divisions, certified survey maps or subdivision plats, or any
combination thereof, under Ch. 236, Wis. Stats.
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 predevelopment and post-development stormwater
peak flows as required by this chapter.
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to land-disturbing activity are in good condition as described
in the Natural Resources Conservation Service Technical Release 55,
"Urban Hydrology for Small Watersheds" (commonly known as "TR-55").
This term is used to match predevelopment and post-development stormwater
peak flows as required by this chapter. In a situation where cumulative
impervious surface created after the adoption of this chapter exceeds
the threshold of 20,000 square feet, the predevelopment conditions
shall be those prior to any land disturbance.
Any construction, alteration or improvement exceeding 4,000
square feet of land disturbance performed on sites where the entire
existing site is predominantly developed to commercial, industrial,
institutional or multifamily residential uses.
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-, two-, ten- 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 event.
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.
The municipal staff, agency or contracted entity charged
by the local unit of government with responsibility for enforcing
stormwater and erosion control ordinances.
Unless expressly exempted by § 275-7, an erosion control permit under § 275-9 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 Dane:
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 linear feet
of road ditch, grass waterway or other land area where surface drainage
flows in a defined open channel, including the placement, repair or
removal of any underground pipe, utility or other facility within
the cross section of the channel;
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 Village
Board determines to have a high risk of soil erosion or water pollution
or that may significantly impact a lake, stream, or wetland area.
Examples of activities with a high risk of soil erosion or water pollution
may include, but are not limited to, land disturbance on erodible
soil or disturbance adjacent to lakes, rivers, streams or wetlands.
All such determinations made by the Village Board shall be in writing,
unless waived by the applicant.
Unless otherwise exempted by § 275-7, a stormwater control permit under § 275-9 shall be required, and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village of Dane:
A.
Any development(s) after the adoption date of this chapter that result(s)
in the cumulative addition of 20,000 square feet of impervious surface
to the site;
B.
Any development that requires a subdivision plat, as defined in applicable
local land division ordinance(s);
C.
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.
Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
Village Board 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:
B.
The following activities are exempt from the construction site erosion control provisions of § 275-5:
(1)
One- and two-family dwelling units regulated under the Wisconsin
Uniform Dwelling Code; Village of Dane shall regulate these sites
during the period that residential building permits are in effect,
consistent with then-existing Wisconsin Uniform Dwelling Code requirements.
(2)
Construction of public buildings and buildings that are places of
employment relating to activities specifically regulated by the Wisconsin
Department of Safety and Professional Services during the period that
Department of Safety and Professional Services authorized building
permits are in effect and specific erosion control procedures on these
construction sites are effective, pursuant to § 281.33(3m)(a)
to (h), Wis. Stats.
(3)
State building projects subject to § 13.48(13), Wis. Stats,
and state highway projects subject to Ch. Trans 401, Wis. Adm. Code.
C.
Notwithstanding the language of Subsection B(2), activities unrelated to actual building construction shall be subject to all the requirements of this chapter. These activities shall include, but are not limited to:
(1)
Land-disturbing activity prior to excavation for foundation work;
(2)
Landscaping;
(3)
Installation of driveways, parking areas and sidewalks;
(4)
Earthwork on an area greater than 4,000 square feet on sites not
directly related to structural concerns; and
(5)
Development of ponds and channelized watercourses, commercial parks,
and landing strips or airport runways.
A preliminary review letter provides a potential permit applicant
with an initial simple evaluation of whether erosion and stormwater
control standards can be met for a proposed site, lot layout, or construction
design. This review is intended to assist applicants in preparing
general site plans and other submittals necessary to obtain an erosion
control and stormwater permit. A preliminary review letter does not
guarantee that an erosion or stormwater control plan will be approved
or that a permit will be issued. Erosion and stormwater control plans
and permit applications must meet all applicable standards and criteria
for approval.
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 § 275-6, a stormwater management plan meeting all of the standards of § 275-11 and a draft maintenance agreement as described in § 275-11A(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.
C.
Approval process.
(1)
The plan review staff shall verify that the permit application is complete under Subsection B. The plan review staff shall then forward plan(s) to the plan review agency for review and approval. The plan review staff shall review the plan(s) for compliance with the standards identified in § 275-10 or 275-11.
(2)
Within 45 days of receipt for major land-disturbing activities but
in no event more than 10 working days after receipt for minor land-disturbing
activities, plan review staff shall either approve the submitted plan
or notify the Village Board or Village Engineer of any deficiencies.
The plan review staff engaged in this review and approval process
shall be certified where appropriate by the Wisconsin Department of
Safety and Professional Services for this purpose.[2]
(3)
The plan review staff 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 Subsection H(3) for failure to bring the property into compliance with this chapter after notification, shall be recorded with the Dane County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
(5)
Upon approval of the plan review agency, the erosion control or stormwater
management permit shall be issued by the plan review staff 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 Village Board or Village Engineer to enter the property for purposes of inspection under Subsection E or curative action under Subsection H(3). The application form shall contain a prominent provision advising the applicant and landowner of this requirement.[3]
(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.
E.
Inspections.
(1)
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village Board or Village Engineer 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.[4]
(2)
As part of the plan approval process, the Village Board or Village
Engineer 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 Village Board or Village Engineer during the construction phase
with assistance from the plan review agency staff.[5]
(5)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the Village
Board or Village Engineer and submit drawings documenting construction.
The person who designed the stormwater management plan for the permittee
shall submit as-built certification to ensure that constructed stormwater
management practices and conveyance systems comply with the specifications
included in the approved plans. At minimum, as-built certification
shall include a set of drawings comparing the approved stormwater
management plan with what was constructed. Other information shall
be submitted as required by the Village Board or Village Engineer.[8]
(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 Village Board or Village Engineer.[10]
(2)
When a permittee and landowner transfers 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 Village and provide
a copy of the erosion control plan or stormwater management plan,
or both.[11]
(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:[12]
(a)
The transferee shall file a new, approved erosion control or
stormwater management plan, or both, with the Village.
(b)
The transferee shall obtain an approved assignment from the
Village 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 Village 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
Village 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 Village 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 Village
Board or Village Engineer in consultation with the plan review agency
prior to implementation of said changes.[13]
H.
Enforcement.
(1)
Stop-work order.
(a)
Whenever the Village Board or Village Engineer finds any noncompliance
with the provisions of this chapter, the Village Board or Village
Engineer shall attempt to communicate with the owner or person performing
the work to obtain immediate and voluntary compliance if such person
is readily available. If the owner or person performing the work is
not readily available, that person refuses to voluntarily comply immediately
or the noncompliance presents an imminent danger or will cause or
threatens to cause bodily injury or damage to off-site property, including
but not limited to off-site runoff, the Village Board or Village Engineer
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 the noncompliance is corrected.[14]
(b)
The stop-work order shall provide the following information:
date of issuance, an adequate identification of the property subject
to the stop-work order, reason for posting and the signature of the
inspector posting the card.[15]
(c)
The unauthorized removal of the stop-work order from the premises
shall be a violation of this chapter.
(2)
In addition to posting a stop-work order, the Village Board or Village
Engineer shall provide notification to the owner or contractor by
personal service, written notice by certified mail, or facsimile transmission.[16]
(a)
The permittee, landowner and contractor shall have 24 hours
from the time and date of notification by the Village Board or Village
Engineer 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.
(3)
If any noncompliance is not corrected within the time periods specified in Subsection H(2)(a) or (b), the permittee and landowner authorize the Village Board or Village Engineer to take any action, to perform any work, or commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the Village for the total costs and expenses of the aforementioned actions; said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.[17]
(4)
If the permittee has filed an appeal under § 275-14A(1) prior to the expiration of the time for compliance under Subsection H(2), the Village Board or Village Engineer may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.[18]
I.
Penalties.
(1)
Any person or persons, firm, company or corporation, owner, occupant or other user of the premises who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture as set forth in § 1-4 of this Code, together with the costs of prosecution, penalty assessments, and jail assessments, and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 30 days. Each day that a violation exists shall constitute a separate offense.[19]
(2)
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.
(3)
As a substitute for or as an addition to forfeiture actions under Subsection I(1) or corrective action under Subsection H(3), the Municipal 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 or Village Engineer to take corrective action or prosecute for forfeiture before resorting to injunctive relief.[20]
J.
Fees. The permit fee shall be payable at the time an application
for either an erosion control or a stormwater management permit, or
both, is submitted.
A.
Plan materials. Erosion control plans required under § 275-5 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)
Limits of disturbed area;
(2)
Limits of impervious area;
(3)
Cross sections of and profiles within road ditches;
(4)
Culvert sizes;
(5)
Direction of flow of runoff;
(6)
Watershed size for each drainage area;
(7)
Design discharge for ditches and structural measures;
(8)
Runoff velocities;
(9)
Fertilizer and seeding rates and recommendations;
(10)
Time schedules for stabilization of ditches and slopes;
(11)
Description of methods by which sites are to be developed;
(12)
Provision for sequential steps mitigating erosive effects of
land-disturbing activities to be followed in appropriate order and
in a manner consistent with accepted erosion control methodology suitable
to proposed sites and amenable to prompt revegetation;
(13)
Provisions to prevent mud tracking off site onto public thoroughfares
during the construction period; and
(14)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site.
B.
Simplified plan checklist.[1]
(1)
Applicants may submit erosion control proposals using simplified
checklists of standard erosion control practices, on a standard form
approved by the Village Board or Village Engineer, wherever all of
the following conditions exist:
(2)
Simplified plan checklists shall be reviewed by the Village Board
or Village Engineer for completeness and accuracy.
C.
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:
(2)
Plan compliance under Subsection C(1) shall be determined using the United States 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 Subsection B 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;
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 construction, 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, 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 inch 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 HSG 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. 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 24 hours' duration).
(b)
Maintain predevelopment peak runoff rates for the ten-year,
twenty-four-hour storm event (4.2 inches over 24 hours' duration).
(c)
Safely pass the one-hundred-year, twenty-four-hour storm event
(6.0 inches over 24 hours' 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 a stormwater conveyance or water body.
(6)
Infiltration. All downspouts, driveways and other impervious areas
shall be directed to pervious surfaces, where feasible, or unless
the applicant can demonstrate that the practice is likely to result
in groundwater contamination.
(7)
Thermal control.
(a)
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:
[1]
A cold water community as identified through § NR 102.04(3)(a)
or Ch. NR 104, Wis. Adm. Code, and Class I, Class II, and Class III
trout streams identified in "Wisconsin Trout Streams," DNR publication
6-3600(80) or its successor.
[2]
Rivers or streams proposed by the Wisconsin Department of Natural
Resources as cold water communities and Class I, Class II, and Class
III trout streams.
(b)
The stormwater management plan does not have to meet the requirement in Subsection B(7)(a) if the applicant can justify by use of a model approved by the Dane County Conservationist that practices are not necessary because the temperature increase of runoff from the site post development will be zero.
(c)
A current list and maps of affected watersheds shall be available
for reference at the office of the Village Board 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.
Off-site stormwater management is allowed, provided that all
of the following conditions for the off-site facility are met:
The design of all best management practices designed to meet
the requirements of this chapter shall comply with the following technical
standards:
A.
Natural Resources Conservation Service's "Field Office Technical
Guide, Chapter 4," or its successor;
B.
Wisconsin Department of Natural Resources' "Wisconsin Construction
Site Best Management Practice Handbook," or its successor.
C.
Any other technical methodology approved by the Dane County Conservationist.
A.
Appeals.
(1)
Any person aggrieved by any decision of the Village Board pursuant
to this chapter may appeal to the Zoning Board of Appeals. Such appeal
shall be taken within 10 days after the challenged decision. Notice
of appeal setting forth the specific grounds for the appeal shall
be filed with the Village Board and the Zoning Board of Appeals. The
Village Board 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.
B.
Variances.
(1)
An applicant may include in the application a request for a variance from the requirements of § 275-10 or 275-11. No variance shall be granted unless the applicant demonstrates and the Zoning Board of Appeals, after consultation with the county conservationist, finds 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;
(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;
(d)
The project will have no impact upon any of the stated purposes of this chapter as set forth in § 275-2;
(e)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(f)
The net cumulative effect of the variance will not impact downstream
conditions; and
(g)
Existing regional facilities are shown to meet the performance
standards of this chapter.
(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 the unnecessary hardship, with primary consideration to water quality.
(4)
A person aggrieved by a variance determination by the Village Board may appeal the decision to the Zoning Board of Appeals pursuant to Subsection A.
(5)
A person aggrieved by a decision of the Zoning Board of Appeals regarding
a variance may appeal that decision to the Dane County Circuit Court.
The Village Board has established the following fee schedule
for erosion control and stormwater management permits:
A.
Major land-disturbing activities. The application fee for a major land-disturbing activity permit shall be as set forth in Chapter A150, Fees. In addition to this fee, before any permit will be issued, the applicant shall pay the Village for all costs incurred by the Village for review and inspection of the project.
B.
Minor land-disturbing activities. The application fee for a minor land-disturbing activity permit shall be as set forth in Chapter A150, Fees, except, where a building permit fee is paid in connection with the same activity, then a fee as set forth in Chapter A150, Fees, shall be paid in order to obtain the necessary land-disturbing activity permit.
