SECTION 6.04.  APPLICABILITY AND JURISDICTION.

(1)       APPLICABILITY.

[a]        Except as provided under par. (b), this ordinance applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.

[b]       A site that meets any of the criteria in this paragraph is exempt from the requirements of this ordinance:

1.      A post-construction site with less than ten percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of this ordinance.

2.      Agricultural facilities and practices.

3.      Underground utility construction, but not including the construction of any above ground structures associated with utility construction.

4.      Exemptions from discharge quantity requirements listed in the current publication of Chapter 13 (Surface Water and Stormwater) of the Milwaukee Metropolitan Sewerage District Rules.

5.      Facilities, or portions thereof, for which a Special Exception is granted pursuant to and Section 7.0307(G) of the Zoning Code.

[c]        Applicability requirements listed in the current publication of Chapter 13 Surface Water and Stormwater of the Milwaukee Metropolitan Sewerage District Rules.

[d]       For phased developments, the cumulative effect of all phases shall be considered.

[e]        Land development activity of any size that, as determined by majority vote of the Village Board after consulting with the Village Engineer and the Department of Public Works, is likely to result in stormwater runoff which exceeds the safe capacity of existing Village owned drainage facilities or receiving surface waters, which causes undue channel erosion, unreasonably increases surface water pollution by scouring or the transportation of particulate matter, or endangers downstream property on a surface water.

(2)       JURISDICTION.  This section applies to all land and waters, and all land development activities within the boundaries of the Village of River Hills.

(3)        EXCLUSIONS.  This ordinance is not applicable to activities conducted by a state agency, as defined under s. 227.01(1), Wis. Stats.