[HISTORY: Adopted by the Village Board of the Village of Holmen 11-9-2006 by Ord. No. 10.06; amended in its entirety 6-13-2024 by Ord. No. 5-2024. Subsequent amendments noted where applicable]
§ 56-1. Statutory authority.
This chapter is adopted by the Village of Holmen under the authority of the Wisconsin
Statutes.
§ 56-2. Definitions.
For the purpose of this chapter, the following terms shall have the meanings indicated:
AFFECTED — A regulated activity that has significantly:
A. Caused negative impacts on water quality or the use or maintenance of one’s property
or business; or
B. Endangered one’s 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 production and
wild crop harvesting and includes lands used for on-site buildings and other structures
necessary to carry out such activities.
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 [NR 102.04(3)(a), Wisconsin Administrative Code].
CONSTRUCTION SITE EROSION CONTROL — Preventing or reducing soil erosion and
sedimentation from land-disturbing activity.
EROSION (SOIL EROSION) — The detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
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 chapter adoption.
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 security bond, performance bond,
maintenance bond, irrevocable letter of credit or similar guarantees submitted to the Village
to assure that requirements of the 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.
HYDRAULIC SOIL GROUP (HSG) — 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 — The process by which rainfall or runoff seeps into the soil.
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 APPROVAL AUTHORITY — The Village Board or its designee.
LOCAL LAND DIVISION ORDINANCE — Any county, city, village or town ordinance
adopted under Chapter 236, Wisconsin Statutes, to regulate the division of land.
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.
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 § 56-5 or a stormwater management plan
required by § 56-6.
PLAN REVIEW AGENCY — The Department of Public Works or its designee.
PLAT REVIEW OFFICER — The Zoning Administrator.
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 post-development stormwater peak flows as required by the chapter.
PREDEVELOPMENT — 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 pre- and post-development stormwater peak flows as
required by the 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.
REDEVELOPMENT — Any construction, alteration or improvement exceeding 4,000
square feet of land disturbance performed on sites where the entire existing site is
predominantly development to commercial, industrial, institutional or multifamily residential
uses.
RUNOFF CURVE NUMBER (RCN) — 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
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 24-hour period that have a
specified recurrence interval for La Crosse County, Wisconsin. For example, one-, two-, 10-,
and 100-year storm events means the precipitation amounts that occur over a 24-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, snow or ice melt event.
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 snow melt or ice
melt 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, stream bed or lake bed.
UNNECESSARY HARDSHIP — Circumstances 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.
§ 56-3. Legislative findings.
A. The Village Board of the Village of Holmen 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.
(9) Cause damage to agricultural fields and crops.
B. The Village Board of the Village of Holmen 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.
§ 56-4. Purpose and intent.
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
Holmen.
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 pollutions from nutrients, heavy metals, chemical
and petroleum products and other contaminants, flooding and thermal impacts to
the water resources of the Village of Holmen.
(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 La Crosse County.
(6) Achieve a reduction of 80% in sediment load rates to La Crosse County waters
compared to no controls for all new development, a reduction of 40% in sediment
load rates compared to no controls for all redevelopment and street
reconstruction, and a reduction of 20% 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) 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-, 24-hour storm
event (2.9 inches over 24 hours’ duration).
(b) Maintain predevelopment peak runoff rates for the 10-year, 24-hour storm
event (4.2 inches over 24 hours’ duration).
(c) Safely pass the 100-year, 24-hour storm event (6.0 inches over 24-hour
duration).
(9) Protect public and private property from damage resulting from runoff or erosion.
§ 56-5. Applicability of requirement for erosion control permits.
Unless expressly exempted by § 56-7, an erosion control permit under § 56-9 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 Holmen:
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 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.
§ 56-6. Applicability of requirement for stormwater control permits.
Unless otherwise exempted by § 56-7, a stormwater control permit under § 56-9 shall be
required and all stormwater management provisions of this chapter shall apply to any of the
following activities with the Village of Holmen:
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
and land division ordinance(s); for property intended for commercial or industrial use.
D. Redevelopment, as defined in § 56-2, shall meet the following stormwater management
performance standards: § 56-11B(1)(b), (2), (3), (4) and (5).
E. 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.
F. Any development(s) in excess of one acre including an impervious surface.
§ 56-7. Exemptions and clarifications.
A. The following activities are exempt from all requirements of this chapter:
(1) Any activity directly related to the planting, growing and harvesting of
agricultural crops.
(2) Construction of agricultural buildings, provided the resulting new total
impervious surface area does not exceed 20,000 square feet.
B. The following activities are exempt from the construction site erosion control
provisions of § 56-5.
(1) One- and two-family dwelling units regulated under the Wisconsin Uniform
Dwelling Code. The Village of Holmen 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
Commerce during the period that Department of Commerce authorized building
permits are in effect and specific erosion control procedures on these construction
sites are effective, pursuant to Section 101.1205, Wisconsin Statutes.
(3) State building projects subject to Section 13.48(13), Wisconsin Statutes, and state
highway projects subject to Wisconsin Administrative Code Chapter Trans 401.
C. Notwithstanding the language in 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.
(5) Development of ponds and channelized watercourses, commercial parks and
landing strips or airport runways.
D. Notwithstanding the language of Subsection B(3), the following activities are subject to
the requirements of this chapter.
(1) Buildings and activities of municipalities.
(2) Buildings and activities of school districts.
(3) Local highway projects.
(4) Municipal streets.
§ 56-8. Preliminary review letter.
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.
§ 56-9. Erosion and stormwater control permits and administration.
A. No activity meeting the criteria described in § 56-5 or 56-6 shall occur and no zoning
permit may be issued until an erosion control and stormwater control permit is issued
by the local approval authority.
B. The applicant must provide the following when requesting a permit:
(1) Completed application form.
(a) The application must be signed by the landowner or include a notarized
statement signed by the landowner authorizing the applicant to act as the
landowner’s agent and bind the landowner to the terms of this chapter.
(b) If a landowner appoints an agent to submit an application pursuant to
Subsection B(1)(a), the landowner shall be bound by all the requirements of
this chapter and the terms of any permit issued to the agent.
(2) Fees as required by § 56-15.
(3) Copy of preliminary review letter, as described in § 56-8, if applicable.
(4) If required by § 56-5, an erosion control plan meeting all the standards of § 56-
10, or a simplified checklist as described in § 56-10.
(5) If required by § 56-6, a stormwater management plan meeting all of the standards
of § 56-11 and a draft maintenance agreement as described in § 56-11A(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.
(9) Evidence of financial responsibility to complete the work proposed in the plan.
The local approval authority may require a financial security instrument sufficient
to guarantee completion of the project.
C. Approval process.
(1) The local approval authority shall verify that the permit application is complete
under § 56-9B. The local approval authority shall then forward plan(s) to the plan
review agency for review and approval. Plan review staff shall review the plan(s)
for compliance with the standards identified in §§ 56-10 and 56-11.
(2) Within the time frame set by the local approval authority, the plan review staff
shall either approve the submitted plan or notify the local approval authority of
any deficiencies. Staff engaged in this review and approval process shall be
certified where appropriate by the Wisconsin Department of Commerce for this
purpose.
(3) The local approval authority shall notify the applicant in writing of any
deficiency in the proposed plan, and the applicant shall be given an opportunity
to correct any deficiency.
(4) Where installed stormwater practices will be privately owned, an affidavit which
describes the property legal description, notifying 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 La Crosse County Register of Deeds prior to issuance of an erosion and
stormwater control permit. The foregoing information shall also be noted on
every plat and certified survey map.
(5) Upon approval of the plan review agency, the erosion control or stormwater
management permit shall be issued by the local approval authority after the
applicant has met all other requirements of this chapter.
D. Permit conditions.
(1) The plan shall be implemented prior to the start of any land-disturbing activity
and shall be maintained over the duration of the project. Stormwater components
of the plan shall be maintained in perpetuity.
(2) The permittee is responsible for successful completion of the erosion control plan
and the stormwater management plan. The permittee shall be liable for all costs
incurred, including environmental restoration costs, resulting from noncompliance
with an approved plan.
(3) Application for a permit shall constitute express permission by the permittee and
landowner for the local approval authority to enter the property for purposes of
inspection under Subsection E(5) or curative action under Subsection H(3). The
application form shall contain a prominent provision advising the applicant and
landowner of this requirement.
(4) All incidental mud-tracking off site onto adjacent public thoroughfares shall be
cleaned up and removed by the end of each working day using proper disposal
methods.
E. Inspections.
(1) Application for a permit under this chapter shall constitute permission by the
applicant and landowner for the local approval authority to enter upon the
property and inspect during the construction phase, prior to the inspections
pursuant to Subsection E(4) and (6), as necessary to confirm compliance with the
requirements of this chapter.
(2) As part of the plan approval process, the local approval authority shall determine
the minimum number of inspections required to assure compliance. The site of
any regulated land-disturbing activity shall be inspected once every week or after
a rain event of 0.5 inches or more, or more frequently as determined by the local
approval authority during the construction phase with assistance from the plan
review agency staff.
(3) Within 10 days after installation of all practices in an approved erosion control
plan and achievement of soil stabilization, the permittee shall notify the local
approval authority.
(4) The local approval shall inspect the property to verify compliance with the
erosion control plan within 10 days of notification of soil stabilization.
(5) Within 10 days after installation of all practices in an approved stormwater
management plan, the permittee shall notify the local approval authority and
submit drawings documenting construction. The person who designed the
stormwater management plan for the permittee shall submit as-built certification
to ensure that constructed stormwater management practices and conveyance
systems comply with the specifications included in the approved plans. At
minimum, as-built certification shall include a set of drawings comparing the
approved stormwater management plan with what was constructed. Other
information shall be submitted as required by the local approval authority.
(6) The local approval authority shall inspect the property to verify compliance
within 10 days of notification.
(7) Maintenance is the responsibility of the owner, and facilities are subject to
inspection and orders for repairs.
F. Permit transfers.
(1) When a permittee and landowner act to transfer an interest in property subject to
an approved plan prior to the proposed steps to attain soil stabilization, the
permittee must secure approval from the local approval authority.
(2) When a permittee and landowner transfer ownership, possession or control of real
estate subject to either or both an uncompleted erosion control or stormwater
management plan, the successor in interest to any portion of the real estate shall
be responsible to control soil erosion and runoff and shall comply with the
minimum standards provided in this chapter.
(3) When ownership, possession or control of property subject to an uncompleted
erosion control or stormwater management plan, or both, is transferred, the
former owner (seller) shall notify the new owner (buyer) as to the current status
of compliance, with notice to the authority, and provide a copy of the erosion
control plan or stormwater management plan, or both.
(4) Transfers of interest in real estate subject to an approved, uncompleted plan may
be conducted consistent with this chapter under any of the following
arrangements:
(a) The transferee shall file a new, approved erosion control or stormwater
management plan, or both, with the authority.
(b) The transferee shall obtain an approved assignment from the authority as
subpermittee to complete that portion of the approved plan regulating soil
erosion and runoff on the transferee’s property.
(c) The permittee shall provide the authority with a duly completed and
executed continuing surety bond or certified check in an amount sufficient
to complete the work proposed in the approved plan; at the time of transfer,
the permittee may seek to reduce the surety bond or certified check to the
appropriate amount to complete remaining work. If the transferor enters
into escrow agreements with transferees to complete an approved plan,
these funds shall be available to the authority to attain plan compliance.
When an approved erosion control plan and, if required, a stormwater
management plan is or are not completed as proposed, the authority may
use the surety bond to complete remaining work to achieve plan
compliance.
G. Plan or permit amendments. Any proposed modifications to approved plans,
construction schedules or alterations to accepted sequencing of land-disturbing site
activities shall be approved by the local approval authority in consultation with the plan
review agency prior to implementation of said changes.
H. Enforcement; stop-work order.
(1) Whenever the local approval authority finds any noncompliance with the
provisions of this chapter the local approval authority shall attempt to
communicate with the owner or person performing the work to obtain immediate
and voluntary compliance, if such person is readily available. If the owner or
person performing the work is not readily available, that person refuses to
voluntarily comply immediately or the noncompliance presents an 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 local approval authority
shall post in a conspicuous place on the premises a stop-work order which shall
cause all activity not necessary to correct the noncompliance to cease until
noncompliance is corrected.
(2) The stop-work order shall provide the following information: date of issuance,
identifying information, reason for posting and the signature of the inspector
posting the card.
(3) It shall be a violation of the chapter for the unauthorized removal of the stopwork
order from the premises.
(4) In addition to posting a stop-work order, the local approval authority shall
provide notification to the owner or contractor by personal service, written notice
by certified mail or facsimile transmission.
(5) The permittee, landowner and contractor shall have 24 hours from the time and
date of notification by the local approval authority to correct any noncompliance
with the plan, when notification is by either personal communication of
noncompliance to the owner or contractor or their respective agents or written
notice sent by certified mail to the owner or contractor.
(6) If notice is not provided under Subsection H(5), the permittee and landowner
shall have 72 hours to correct any noncompliance with the plan when notification
is by posting notice in a conspicuous place on the site or sending notice by
facsimile transmission or email to the owner or contractor.
(7) If any noncompliance is not corrected within the time periods specified in
Subsection H(5) or (6), the permittee and landowner authorize the local approval
authority to take any action, to perform any work or to commence any operations
necessary to correct 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
authority 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.
(8) If the permittee has filed an appeal under § 56-14A(1) prior to the expiration of
the time for compliance under Subsection H(6), the local approval authority 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.
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 of not less than $100 nor more than $500 and costs. Each
day that a violation exists shall constitute a separate offense.
(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(7), the Village Attorney is authorized to
seek enforcement of any part of this chapter by court action seeking injunctive
relief. It shall not be necessary for the Village to take corrective action or
prosecute for forfeiture before resorting to injunctive relief.
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.
§ 56-10. Erosion control plan requirements.
A. Plan materials. Erosion control plans required under § 56-5 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 effect of land-disturbing
activities to be followed in appropriate order and in a manner consistent with
accepted erosion control methodology suitable to proposed sites and amenable to
prompt revegetation.
(13) Provisions to prevent mud-tracking off site onto public thoroughfares during the
construction period.
(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) Applicants may submit erosion control proposals using simplified checklists of
standard erosion control practices, on a standard form approved by the local
approval authority, wherever all the following conditions exist:
(a) The site does not exceed 20,000 square feet in area.
(b) The slope of the land does not exceed 6% throughout the site.
(2) Simplified plan checklists shall be reviewed by the local approval authority 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:
(a) Prevent gully and bank erosion.
(b) Limit total off-site permissible annual aggregate soil loss for exposed areas
resulting from sheet and rill erosion to an annual, cumulative soil loss rate
not to exceed five tons per acre annually.
(2) Plan compliance under Subsection C(1) shall be determined using the U.S.
Natural Resources Conservation Service Technical Guide or another commonly
accepted soil erosion methodology approved by the La Crosse 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.
(4) Erosion control plans must be submitted in accordance with this chapter to and
approved by the Village of Holmen prior to the start of any ground-disturbing
activities.
§ 56-11. Stormwater management plan requirements.
A. Plan materials. Stormwater management plans shall satisfy all 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:
(a) Preexisting peak flow rates.
(b) Post-construction peak flow rates with no detention.
(c) Post-construction peak flow rates with detention.
(d) Assumed runoff curve numbers (RCNs).
(e) Time of concentration (Tc) used in calculations.
(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, 100-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 La Crosse 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 applicable) 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 othergovernmental 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.
(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.
(8) If required under Subsection B(7)(a) a description and plans to control
temperature of runoff.
(9) A maintenance plan and schedule for all permanent stormwater management
practices as recorded on the affidavit required in § 56-9.
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
three microns on the site (reduction of 80%) resulting from a one-year, 24-
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 (reduction of 40%) resulting from a one-year, 24-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 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 La Crosse
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 Hydrolic Soil Group B, 79 for HSG C, and 84 for HSG D. The
TR-55 specified curve numbers for other land uses shall be used for heavily
disturbed sites and 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, 24-hour storm
event (2.9 inches over 24 hours’ duration).
(b) Maintain predevelopment peak runoff rates for the 10-year, 24-hour storm
event (4.2 inches over 24 hours’ duration).
(c) Safely pass the 100-year, 24-hour storm event (6.0 inches over 24-hour
duration).
(5) Outlets. Discharges from new construction sites must have a stable outlet capable
of carrying designed flow as required in Subsection B(4), at a nonerosive
velocity. Outlet design must consider flow capacity and flow duration. This
requirement applies to both the site outlet and the ultimate outlet to stormwater
conveyance or water body.
(6) Infiltration. 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.
Infiltration performance standard shall be in compliance with § NR 151.124, Wis.
Adm. Code.
(7) Thermal control.
(a) The stormwater management plan shall include provisions and practices toreduce the temperature of runoff for sites located within the watershed of a
river or stream identified by the Wisconsin Department of Natural
Resources as:
NR 104, Wisconsin Administrative 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, II and III Trout
Streams.
(b) Thermal control, continued. The stormwater management plan does not
have to meet the requirements in Subsection B(7)(a) if the applicant can
justify by use of a model approved by the La Crosse County
Conservationist that practices are not necessary because the temperature
increase of runoff from the site post development will be zero.
(c) Thermal control, continued. A current list and maps of affected watersheds
shall be available for reference at the office of the local approval authority
and the plan review agency.
(8) 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:
(a) For existing development, design practices to retain soil particles greater
than 40 microns on the site (reduction of 20%) resulting from a one-year,
24-hour storm event, according to approved procedures, and assuming no
sediment resuspension.
(b) For street reconstruction, design practices to retain soil particles greater
than 20 microns on the site (reduction of 40%) resulting from a one-year,
24-hour storm event, according to approved procedures, and assuming no
sediment resuspension.
(9) All plans must be submitted, in accordance with this chapter, to and approved by
the Village of Holmen prior to the start of any ground-disturbing activities.
§ 56-12. Off-site stormwater management.
Off-site stormwater management is allowed, provided that all of the following conditions for
the off-site facility are met:
A. The facility is in place.
B. The facility is designed and adequately sized to provide a level of stormwater control
that at least meets the chapter standards.
C. The facility has a legally obligated entity responsible for its long-term operation and
maintenance.
§ 56-13. Technical standards and specifications.
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.
Foot Notes:
[1].Editor’s Note: See Ch. 90, Land Division.[2].Editor’s Note: See Ch. Comm. 20 to 25, Wis. Admin. Code.