The Kimberly Village Board 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, and 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, drainageways 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.
The following definitions shall be applicable in this article:
ADMINISTRATIVE AUTHORITY
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this article.
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.
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.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this article, "average annual
rainfall" means measured precipitation in Green Bay, Wisconsin, between
March 29, 1969, and November 25, 1969.
BEST MANAGEMENT PRACTICE (BMP)
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of Building Inspector is routinely and customarily
open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
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.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The TR-55, Type II, twenty-four-hour
design storms for the Village of Kimberly are:
E.
Twenty-five-year: 4.4 inches.
F.
One-hundred-year: 5.3 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional or other
land uses and associated roads.
DIVISION OF LAND
The creation from one or more parcels or building sites of
additional parcels or building sites, where such creation occurs at
one time or through successive partition within a five-year period.
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.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate
limits of a first, second or third class city or with 1 1/2 miles
of a fourth class city or village.
FINAL STABILIZATION
All land-disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Building
Inspector by the responsible party to assure that requirements of
this article are carried out in compliance with the stormwater management
plan.
HIGHWAY
Has the meaning given in § 340.01(22), Wis. Stats.
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.
INFILL AREA
A new development area less than five acres in size that
is located within existing urban service areas, surrounded by already
existing development or existing development and natural or man-made
features where development cannot occur.
INFILTRATION
The entry of precipitation or runoff into or through the
soil.
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 CONSTRUCTION ACTIVITY (DISTURBANCE)
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
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.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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.
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 100 feet in width of roadbed widening.
NEW DEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this article, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
OFF-SITE
Located outside the property boundary described in the permit
application.
ON-SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil which passes through
a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
Written authorization made by the Building Inspector to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Building Inspector by the permit
applicant for the purpose of recouping the expenses incurred by the
authority in administering the permit.
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.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
POST-DEVELOPMENT
The extent and distribution of land cover types present after
the completion of land-disturbing construction activity and final
site stabilization.
PREDEVELOPMENT
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.
REDEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this article, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications, as appropriate.
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 BMPs.
ROUTINE MAINTENANCE
That portion of a post-construction site where predevelopment
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 1/2 of the impervious surface's
granular base is not disturbed. The disturbance shall be classified
as redevelopment if the lower 1/2 of the granular base associated
with the predevelopment impervious surface is disturbed or if the
soil located beneath the impervious surface is exposed. For purposes
of this article, a post-construction site is classified as new development,
redevelopment, routine maintenance, or some combination of these three
classifications, as appropriate.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
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.
SITE
The entire area included in the legal description of the
land on which the land-disturbing construction activity occurred.
STOP-WORK ORDER
An order issued by the Building Inspector which requires
that all construction activity on the site be stopped.
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.
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.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the 50 feet
landward from the ordinary high-water mark, the top of the channel
is the ordinary high-water mark.
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.
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 § 85.095(1)(b), Wis. Stats.
TYPE II DISTRIBUTION
A rainfall-type curve as established in the United States
Department of Agriculture, Soil Conservation Service (now Natural
Resources Conservation Service), Technical Paper 149, published 1973.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
The fees referred to in other sections of this article shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the Village Administrator's office.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
Village which has adopted this article than those minimum requirements
specifically required by the Wisconsin State Statutes and Wisconsin
Department of Natural Resources regulations.