28.050 Applicability and Jurisdiction.

(1) Applicability. This chapter applies to land development activities which meet the following applicability criteria. This chapter applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development or sale that meets the following criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules:

(a) A post-construction site with one or more acres of land disturbing construction activity; or

(b) A post-construction site with a cumulative addition of 20,000 square feet or greater of impervious surface disturbance after the effective date of the ordinance codified in this chapter.

(c) In the opinion of the Administering Authority, is likely to result in stormwater runoff which causes undue channel erosion, increases water pollution, or which endangers downstream property or public safety.

(2) A land development activity that meets any of the criteria in this subsection is exempt from the requirements of this chapter.

(a) Single- and two-family residential dwellings that are not part of a larger common plan of development or sale that result in less than one acre of disturbance;

(b) A post-construction site with no increase in exposed parking lots or roads;

(c) Nonpoint discharges from agricultural activity areas;

(d) Nonpoint discharges from silviculture activities; or

(e) Mill and crush operations.

(3) Jurisdiction. This chapter applies to land development activities within the corporate boundaries of the City.

(4) Exclusions. This chapter is not applicable to activities conducted by a State agency, as defined under Wis. Stat. § 227.01(1), but also including the office of district attorney, which is subject to the State plan promulgated or a memorandum of understanding entered into under Wis. Stat. § 281.33(2).

[Ord. 08-522 § 5, 2008; Ord. 06-064 § 1, 2006. Prior code § 28.05]