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[HISTORY: Adopted by the Village Board of the Village of Holmen 11-9-2006 by Ord. No. 10.06. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 58.
Floodplain zoning — See Ch. 71.
Land division — See Ch. 90.
Excavations and openings in streets — See Ch. 159, Art. II.
Zoning — See Ch. 195.

§ 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:

  1. Caused negative impacts on water quality or the use or maintenance of one’s property or business; or
  2. 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.[1]

NEW DEVELOPMENT — Any of the following activities:

  1. Structural development, including construction of a new building or other structures.
  2. Expansion or alteration of an existing structure that results in an increase in the surface dimensions of the building or structure.
  3. Land-disturbing activities.
  4. 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 twenty-four-hour period that have a specified recurrence interval for La Crosse County, Wisconsin. For example, one-, two-, ten-, and one-hundred-year storm events means the precipitation amounts that occur over a twenty-four-hour period that have a recurrence interval of one, two, 10 and 100 years, respectively.

STORMWATER — The flow of water which results from, and which occurs during and immediately following a rainfall, 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.

  1. 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.
  2. 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.

  1. 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.
  2. 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. Ensure no increase in the rate of surface water drainage from sites during or after construction.
    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:

  1. Land-disturbing activity in excess of 4,000 square feet
  2. Land-disturbing activity on a slope of greater than 12%.
  3. Land-disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material.
  4. 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.
  5. Any new public or private roads or access drives longer than 125 feet.
  6. Development that requires a subdivision plat, as defined in the applicable local land division ordinance(s).
  7. 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:

  1. 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.
  2. Any development that requires a subdivision plat, as defined in applicable local land division ordinance(s).
  3. 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.
  4. Redevelopment, as defined in § 56-2, shall meet the following stormwater management performance standards: § 56-11B(1)(b), (2), (3), (4) and (5).
  5. 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.

§ 56-7.  Exemptions and clarifications.

  1. 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.
  2. 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.[2] 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.
  3. 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.
  4. 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.

  1. 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.

  1. 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.
  2. The applicant must provide the following when requesting a permit:
    1. Completed application form.
      1. 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 ordinance.
      2. 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.
  3. 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.
  4. 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.
  5. 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 30 days, 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.
  6. 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:
      1. The transferee shall file a new, approved erosion control or stormwater management plan, or both, with the authority.
      2. 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.
      3. 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.
  7. 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.
  8. 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 stop-work 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 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.
  9. 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.
  10. 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.

  1. 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.
  2. 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:
      1. The site does not exceed 20,000 square feet in area.
      2. 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.
  3. 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:
      1. Prevent gully and bank erosion.
      2. 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 7.5 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.

§ 56-11.  Stormwater management plan requirements.

  1. 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:
      1. Preexisting peak flow rates.
      2. Post-construction peak flow rates with no detention.
      3. Post-construction peak flow rates with detention.
      4. Assumed runoff curve numbers (RCNs).
      5. 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.
      1. Property lines and lot dimensions.
      2. All buildings and outdoor uses, existing and proposed, including all dimensions and setbacks.
      3. All public and private roads, interior roads, driveways and parking lots. Show traffic patterns and type of paving and surfacing material.
      4. 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.
      5. Depth to bedrock.
      6. Depth to seasonal high water table.
      7. 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.
      8. 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.
      9. Elevations, sections, profiles and details as needed to describe all natural and artificial features of the project.
      10. Soil erosion control and overland runoff control measures, including runoff calculations as appropriate.
      11. Detailed construction schedule.
      12. Copies of permits or permit applications required by any other governmental entities or agencies.
      13. Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features.
      14. Location of all stormwater management practices.
      15. All existing and proposed drainage features.
      16. The location and area of all proposed impervious surfaces.
      17. 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.
  2. 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.
      1. For new construction, design practices to retain soil particles greater than five microns on the site (reduction of 80%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.
      2. 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 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 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:
      1. Maintain predevelopment peak runoff rates for the two-year, twenty-four-hour storm event (2.9 inches over 24 hours’ duration).
      2. Maintain predevelopment peak runoff rates for the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours’ duration).
      3. Safely pass the one-hundred-year, twenty-four-hour storm event (6.0 inches over twenty-four-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.
    7. Thermal control.
      1. 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), 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.
      2. 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 postdevelopment will be zero.
      3. 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:
      1. For existing development, design practices to retain soil particles greater than 40 microns on the site (reduction of 20%) 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 (reduction of 40%) resulting from a one-year, twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.

§ 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:

  1. The facility is in place.
  2. The facility is designed and adequately sized to provide a level of stormwater control that at least meets the chapter standards.
  3. 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:

  1. Natural Resources Conservation Service’s “Field Office Technical Guide, Chapter 4,” or its successor.
  2. Wisconsin Department of Natural Resources’ “Wisconsin Construction Site Best Management Practice Handbook,” or its successor.
  3. Any other technical methodology approved by the La Crosse County Conservationist.

§ 56-14.  Appeals and variances.

  1. Appeals.
    1. Any person aggrieved by any decision of the local approval authority pursuant to this chapter may appeal to the Village Board of Appeals. Such appeal shall be taken within 45 days after the challenged decision. Notice of appeal setting forth the specific grounds for the appeal shall be filed with the local approval authority and the Board of Appeals. The Zoning Administrator shall forthwith transmit the record upon which the action was taken.
    2. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Chapter 985, Wisconsin Statutes, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear in person or by agent or attorney.
    3. The 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.
    4. The concurring vote of four members of the Board of Appeals shall be necessary to reverse the decision of the local approval authority.
  2. Variances.
    1. An applicant may include in the application a request for a variance from the requirements of §§ 56-10 and 56-11. No variance shall be granted unless the applicant demonstrates and the local approval authority, after consultation with the County Conservationist, finds that all of the following conditions are present:
      1. Enforcement of the standards set forth in this chapter will result in unnecessary hardship to the landowner.
      2. The hardship is due to exceptional physical conditions unique to the property.
      3. 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.
      4. The project will have no impact upon any of the stated purposes of this chapter as set forth in § 56-4.
      5. The applicant has proposed an alternative to the requirement from which the variance is sought that will provide equivalent protection to the public health, safety and welfare, the environment and public and private property.
      6. The net cumulative effect of the variance will not impact downstream conditions.
      7. 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.
    3. A variance from the provisions of § 56-11B(1), (2), and (7)(a) may only be granted if:
      1. The applicant has met the requirements of § 56-14B(1).
      2. The applicant will be denied all reasonable and beneficial use of the property if the variance is denied.
    4. A person aggrieved by a variance determination by the local approval authority may appeal the decision to the Board of Appeals pursuant to Subsection A.
    5. A person aggrieved by a decision of the Board of Appeals regarding a variance may appeal that decision to the La Crosse County Circuit Court.

§ 56-15.  Permit fees.
The Village Board shall establish a fee schedule for erosion control and stormwater management permits.

Foot Notes:

[1].Editor’s Note: See Ch. 90, Land Division.[2].Editor’s Note: See Ch. Comm. 20 to 25, Wis. Admin. Code.