§ 34-106. Applicability and exemptions.

(a)

Construction site erosion control. Unless otherwise exempted under subsection (c) below, a stormwater permit under section 34-107 shall be required and all erosion control and other provisions of this ordinance shall apply to all proposed land disturbing activity that meets any of the following:

(1)

Disturbs a total land surface area of 3,000 square feet or more;

(2)

Involves excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material;

(3)

Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 300 feet or more;

(4)

Involves the maintenance of an existing stormwater BMP; or

(5)

Is a land disturbing activity, regardless of size, that the village determines is likely to cause an adverse impact to the environment or other property, or may violate any other erosion control standard set forth in this division.

(b)

Stormwater management. Unless otherwise exempted in this division, a stormwater permit under section 34-107 shall be required and all stormwater management and other provisions of this ordinance shall apply to all proposed land development activity that meet any of the following:

(1)

Is a subdivision plat; or

(2)

Is a certified survey map or any other land development activity that may ultimately result in the addition of 0.5 acres or greater of impervious surfaces or that may result in land disturbing activity of one acre or greater, including smaller individual sites that are part of a common plan of development that may be constructed at different times; or

(3)

Involves the construction of any new public or private road; or

(4)

Is a land development activity, regardless of size, that the village determines is likely to cause an adverse impact to the environment or other property.

(c)

Applicability exemptions.

(1)

Exempt from all requirements. The following activities shall be exempt from all of the requirements of this ordinance:

a.

Land disturbing activities directly involved in the planting, growing and harvesting of any plant grown for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries.

b.

Land development and land disturbing activities exempted by state or federal law, including highway construction and other projects conducted by a state agency, as defined under W.S.A., § 227.01(1), or under a memorandum of understanding entered into under W.S.A., § 281.33(2). To recognize an exemption under this paragraph, the village may require documentation of the person(s) and regulatory agency charged with enforcing erosion control and stormwater management for the project.

c.

Land disturbing activity directly involved in the installation and maintenance of private on-site waste disposal systems, as regulated under this chapter.

d.

If another regulatory agency is enforcing erosion control and stormwater management provisions that the village determines are at least as restrictive as those contained in this ordinance, the applicant may request an exemption from any or all provisions of this ordinance. An applicant must request this exemption from the village for that purpose. There will be a fee associated with reviewing the request in accordance with subsection 34-107(e). Based upon the scope of the requested exemption, the village may require the applicant to submit documentation relating to the project, including any or all of the following:

1.

A copy of the proposed plans certified as approved by a regulatory agency. Said plans shall also be stamped by a professional engineer licensed in Wisconsin, stating that the design of all best management practices comply with this ordinance and all applicable technical standards.

2.

Contact information for the applicant or for person(s) representing the applicant and charged with overseeing the implementation of the approved plans, including certifying construction.

3.

A copy of the permit issued by the regulatory agency and contact information for the person(s) charged with permit enforcement duties.

4.

A copy of design summaries, as-built documents and construction certification pursuant to subsection 34-108(d) for all stormwater BMPs constructed as part of the project.

5.

A copy of a recorded maintenance agreement in accordance with section 34-112 for all stormwater management facilities constructed as part of the project.

6.

Other items that the village determines are necessary to ensure compliance equal to the requirements of this ordinance.

(2)

Exempt from erosion control requirements only. The following land disturbing activities shall be exempt from the erosion control provisions of subsection (a) above:

a.

Those activities the village determines are required for the construction of individual one- and two-family residential buildings under Ch. SPS 321 Wis. Adm. Code, unless the proposed or actual land disturbance is one acre or greater.

b.

Nonmetallic mining activities that are covered under a nonmetallic mining reclamation permit under Ch. NR 135, Wis. Adm. Code.

c.

Placement of underground pipe or other utility that is plowed or bored into the ground outside areas of channelized runoff.

(3)

Other exemptions. The village may exempt a site or a portion of a site from meeting any or all of the requirements of this ordinance in accordance with subsection 34-110(e).

(Ord. No. 816, § IV, 1-6-09; Ord. No. 914, § III, 5-17-16; Ord. No. 928, § III, 4-18-17)