[HISTORY: Adopted by the Village Board of
the Village of Cambria 12-18-2006 (Title 10, Ch. 6 of the 1988 Code). Amendments noted where
applicable.]
The title of this chapter is "Stormwater and
Erosion Control." The purpose of this chapter is to promote the public
health, safety, prosperity, and general welfare of the citizens of
the Village of Cambria and to conserve the soil, water and related
resources; to prevent and control erosion and sedimentation; to prevent
and control water pollution; to protect spawning grounds, fish and
aquatic life; to control building sites, placement of structures and
land uses; to control exceedance of the safe capacity of existing
drainage facilities and receiving water bodies; to prevent undue channel
erosion; control scouring and transportation of particulates and to
prevent conditions that endanger downstream property.
The Village Board of the Village of Cambria
has the general authority under its Village powers to adopt this chapter
pursuant to § 61.34, Wis. Stats.
The Village finds that urbanizing land uses,
including runoff from construction sites, have accelerated the process
of soil erosion, runoff and sediment deposition in the waters of the
Village and the state. It is, therefore, declared to be the policy
of this chapter to protect water quality and provide for the control
and, if possible, the prevention of soil erosion, and thereby to preserve
the natural resources, control floods and prevent impairment of dams
and reservoirs, protect the tax base, and protect and promote the
health, safety and general welfare of the people of the Village.
This chapter applies to the use of lands within
the political boundaries of the Village.
A.
AGRICULTURAL LAND USE
AVERAGE ANNUAL RAINFALL
BEST MANAGEMENT PRACTICE or BMP
CONNECTED IMPERVIOUSNESS
CONSTRUCTION SITE
DESIGN STORM
DIVISION OF LAND
EFFECTIVE INFILTRATION AREA
EROSION (SOIL EROSION)
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION
EXISTING GRADE
FILL
FINAL STABILIZATION
GOVERNING BODY
GRADING
IMPERVIOUS SURFACE
INFILTRATION
INFILTRATION SYSTEM
KARST FEATURE
LAND-DISTURBING ACTIVITIES OR USES
LANDOWNER
LAND TREATMENT MEASURES
LAND USERS
MAXIMUM EXTENT PRACTICABLE or MEP
ORDINARY HIGH-WATER MARK
PARCEL
PEAK FLOW
PERFORMANCE STANDARD
PERMIT
PERSON
PERVIOUS SURFACE
POLLUTANT
POLLUTION
POST-CONSTRUCTION SITE
PREDEVELOPMENT CONDITION
PUBLIC LANDS
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SEDIMENTATION
SITE
SOIL LOSS
STOP-WORK ORDER
STORM FREQUENCY
STORM SEWER
STORMWATER DRAINAGE FACILITY
STORMWATER DRAINAGE SYSTEM
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM PLAN
STORMWATER RUNOFF
STRUCTURAL MEASURES
TECHNICAL STANDARD
TR-55
TWENTY-FIVE-YEAR STORM
TWENTY-FIVE-YEAR STORM RUNOFFS
VILLAGE ENGINEER
The following definitions are applicable to this chapter:
The use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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 conditions
resulting therefrom.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by human forces to a new location and shall include the conditions
resulting therefrom.
All land-disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
The Village of Cambria Village Board.
Altering the elevation of the land surface by stripping,
excavating, filling or stockpiling of soil materials, or any combination
thereof, and shall include the land from which the material was taken
or upon which it was placed.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
The entry of precipitation or runoff into or through the
soil.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any land alterations or disturbances which may result in
soil erosion, sedimentation and/or the increase in runoff, including
but not limited to tilling, removal of ground cover, grading, excavating
and filling of land, except that the term shall not include such minor
land-disturbing activities as home gardens and repair and maintenance
of driveways. Additionally, this term does not include agricultural
land uses if such are regulated at the federal, state or county level.
Any person holding title to or having any interest in land.
Structural or vegetative practices (including fencing), or
combinations of both, used to control erosion, sediment and water
runoff.
Persons who use land, individually or collectively, as owners,
operators, lessors, renters, occupiers who are providing a service
that requires access or alterations of the land in order to perform
the service, or by other arrangement which gives them the responsibility
of private or public land use.
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost-effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
All contiguous lands under the ownership or control of a
landowner or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse or conduit resulting from a predetermined storm or flood.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
The signed, written statement issued under this chapter authorizing
the applicant to engage in general land-disturbing uses specified
and for a specified period of time.
Any individual, corporation, limited liability company, partnership,
joint venture, agency, unincorporated association, municipal corporation,
county or state agency within Wisconsin, the federal government, and
other legally recognized entity, or any combination thereof.
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
The extent and distribution of land cover types present before
the initiation of land-disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
All lands which are subject to regulation by the Village,
including, but not limited to:
Any person performing services to meet the performance standards
of this chapter through a contract or other agreement.
The portion of rainfall, melted snow or irrigation water
that flows across the ground surface and eventually is returned to
lakes or streams, creeks or other watercourses.
Solid 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.
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources; or the deposition of waterborne sediments in stream
channels, lakes, reservoirs or on floodplains, usually because of
a decrease in the velocity of the water.
The entire area included in the legal description of the
land on which the land-disturbing or land development activity is
proposed in the permit application.
Soil movement from a given site because of land-disturbing
activities or by the forces of erosion and redeposited at another
site on land or in a body of water.
A means of giving notice that the Village Engineer believes
that any landowner, land user and/or responsible party has violated
one or more provisions of this chapter or that a land-disturbing activity
is occurring without a control plan being approved and a permit being
issued. Notice is given both by posting upon the lands where the land-disturbing
activity occurs one or more copies of a written notice stating the
violation and by mailing a copy of the notice by certified mail to
landowner, land user, and/or responsible party at the appropriate
address shown on the permit.
The average period of time in which a storm of a given duration
and intensity can be expected to be equaled or exceeded.
A closed conduit for conducting collected stormwater.
Any element in a stormwater drainage system which is made
or improved by human activity.
All facilities used for conducting stormwater to, through
or from a drainage area to the point of final outlet, including but
not limited to any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, streets and pumping
stations.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
The waters derived from rains falling within a tributary
drainage basin, flowing over the ground surface or collected in a
water drainage system.
Works of improvement for land stabilization to prevent erosion,
sediment or runoff which include, but are not limited to, gully control
structures, fencing, grass waterways, riprap, detention basins, sediment
basins, flood retention dams, diversions, lining channels with rock,
concrete or other materials. Contour strip cropping is not a structural
measure.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device
or method.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
Those rainstorms of varying durations and intensities expected
to recur on the average of once every 25 years. There are multiple
duration years that reference this dimension (i.e., 2, 10, 25, 50,
100).
The stormwater runoffs from the twenty-five-year storms.
There are multiple duration years that reference this dimension (i.e.,
2, 10, 25, 50, 100).
The professional engineer designated by the Village Board
to administer this chapter, and includes any other persons who are
supervised by the Engineer.
B.
Interpretation. Words used in the present tense include
the future; the singular number includes the plural number, and the
plural number includes the singular number. The word "shall" is mandatory
and not directory.
A.
General requirement. Any landowner, land user, and/or
responsible party who undertakes, begins, commences or performs land-disturbing
activities, or who permits another person to do the same, on land
subject to this chapter shall be subject to the provisions of this
chapter.
B.
Land-disturbing activities subject to erosion and
sediment control. Land-disturbing activities on public or private
lands shall be subject to the erosion and sediment control provisions
of this chapter, if:
(1)
An area of 4,000 square feet or greater will be disturbed
by excavation, grading, filling or other earthmoving activities, resulting
in the loss or removal of protective ground cover or vegetation;
(2)
Excavation, fill or any combination thereof will exceed
1,000 cubic yards or more of dirt, soil or other excavation or fill
material;
(3)
Any public (federal, state or local) street, road
or highway is to be constructed, enlarged, relocated or reconstructed;
(4)
Any watercourse is to be changed, enlarged or materials
are removed from stream or lake beds;
(5)
Any proposed land use by a unit of government or by
public or private utilities in which underground conduits, cables,
piping, wiring, waterlines, sanitary sewers or storm sewers will be
laid, repaired, replaced or enlarged, if such use involves more than
250 linear feet of trenching or earth disturbance;
(6)
Any subdivision of land which requires plat approval
or any certified survey;
(7)
Any land-disturbing activity is to occur on slopes
greater than 15%; or
(8)
Any land-disturbing activity is to occur where the
Village Engineer determines that erosion or property damage is likely
unless a control plan is developed.
C.
Land-disturbing activities subject to on-site detention
and runoff control. Land-disturbing activities on public or private
lands shall be subject to the on-site detention and runoff control
provisions of this chapter, if:
(1)
The site is a post-development residential site that
had one or more acres of land-disturbing activity;
(2)
The site is a post-development residential site that
had less than one acre of land-disturbing activity and has 30% or
more of the area as impervious surfaces;
(3)
All industrial developments with gross aggregate area
of 0.1 acre or more;
(4)
All commercial developments with gross aggregate area
of 1.0 acre or more; or
(5)
In the opinion of the Village Engineer, the runoff
from the land-disturbing activity will create a hazard by exceeding
the safe capacity of the receiving water body in the area, or will
cause undue channel erosion or an undue increase in water pollution
by increased scour and transport of particles, or will otherwise endanger
the downstream property owners or their property. "Safe capacity"
is defined as the rate of flow that can be handled without flooding.
D.
Compliance with this section. The landowner, land user, and/or responsible party shall comply with this section by following the procedure of § 394-9 and receiving from the Village Engineer written approval of the control plan and a permit before commencement of any land-disturbing activities on lands subject to control under this section.
Any landowner, land user and/or responsible party who permits excessive erosion of his/her land and sedimentation on adjacent land, public streets or bodies of water from land not otherwise subject to this chapter shall be deemed in violation of this chapter and subject to the penalties provided in § 394-12. Erosion is excessive if sedimentation of adjacent land, waterways, lakes and streams occurs or if the public health, safety or general welfare of the citizens of the Village is harmed. This section applies equally to any landowner, land user and/or responsible party who allows erosion of adjacent land due to uncontrolled runoff emanating from his/her land.
A.
Effect of compliance. Compliance with the standards
and criteria of this section shall not bar a nuisance action or other
civil action brought by any injured public or private party for damage
to property upon which the erosion directly occurred or to property
or other rights which were damaged by erosion, sedimentation or runoff.
B.
Standard for construction site erosion and sediment
control for land-disturbing activities. The Village Engineer shall
not approve plans nor issue any permit required by this chapter for
land-disturbing activities unless erosion and sedimentation during
and after the land-disturbing activity will not exceed that which
would have been eroded if the land had been left in its undisturbed
state on an average annual basis. All BMPs required to comply with
this chapter shall meet the design criteria, standards and specifications
based on any of the following:
(1)
Design guidance and technical standards identified
or developed by the Wisconsin Department of Natural Resources under
Subch. V of Ch. NR 151, Wis. Adm. Code.
(2)
For this chapter, average annual basis is calculated
using the appropriate annual rainfall or runoff factor, also referred
to as the "R" factor, or an equivalent design storm using a Type II
distribution, with consideration given to the geographic location
of the site and the period of disturbance.
(3)
Specific requirements for sites identified in § 394-6 above.
(a)
Site dewatering.
[1]
Water pumped from the site shall be treated
by temporary sedimentation basins, grit chambers, sand filters, up-slope
chambers, hydrocyclones, swirl concentrators, or other appropriate
controls designed and used to remove particles of 100 microns or greater
for the highest dewatering pumping rate. If the water is demonstrated
to have no particles greater than 100 microns during dewatering operations,
then no control is needed before discharge, except as determined by
the Village. Water may not be discharged in a manner that causes erosion
of the site or receiving channels.
[2]
There are several ways to meet the particle-size performance objective of Subsection B(3)(a)[1] of this section, depending on the pumping rate. As an example, if the pumping rate is very low (one gallon/minute), then an inclined or vertical enlargement pipe (about eight inches in diameter for one gallon/minute) several feet long would be an adequate control device to restrict the discharge of 100 micron and larger particles. As the pumping rate increases, then the "device" must be enlarged. At a moderate (100 gallons/minute) pumping rate, a vertical section of corrugated steel pipe or concrete pipe section or other small "tank" (about 4 1/2 feet across for pumping rate of 100 gallons/minute) several feet tall would be adequate. With these pipe sections or small tanks, inlet baffles would be needed to minimize turbulence. With very large pumping rates (10,000 gallons/minute), sediment basins (about 35 feet in diameter for a pumping rate of 10,000 gallons/minute) at least three feet in depth with a simple (but adequately sized) pipe outlet would be needed. More sophisticated control devices (such as swirl concentrators or hydrocyclones) could be specially fabricated that would generally be smaller than the simple sedimentation devices described above, but they would not be required.
[3]
The performance standard of one-hundred-micron
maximum particles in the dewatering water at the maximum pumping rate
significantly reduces the liability of the contractor when compared
to a standard of "no visible particulate matter." If a properly sized
device is correctly used, based on the one-hundred-micron-particle-size
performance standard, then discharges of visible particular matter
would not constitute a violation. It is not possible to design a control
device that would ensure no visible particular matter discharges.
This one-hundred-micron standard is intended to significantly reduce
sedimentation problems in downstream drainage systems and in the receiving
waters that are caused by large particles. Visible particulate matter
will probably still occur in water meeting this standard, as most
turbidity effects are caused by very small particles that usually
do not cause as severe a sedimentation problem as larger particles.
This one-hundred-micron-particle-size performance standard was therefore
selected to be easily met and enforced and to reduce sedimentation
problems. A "no visible particulate matter" standard in contrast could
not be met easily or cheaply; violations would frequently occur; and
inspectors would have to make frequent site visits and require frequent
control device changes. In addition, particle-size measurements would
not be required to prove compliance with the one-hundred-micron performance
standard. Only the proper use of a device designed to meet this particle-size
criteria is needed. However, if a contractor or site engineer feels
that the dewatering water does not contain any particles larger than
100 microns, no control device would be needed if optional frequent
particle-size analyses confirm that fact. In most cases, the use of
the simpler control devices described previously would be less expensive
and less bothersome than performing frequent particle-size analyses.
(b)
Waste and material disposal. All waste and unused
building materials (including garbage, debris, cleaning wastes, wastewater,
toxic materials, or hazardous materials) shall be properly disposed
and not allowed to be carried by runoff into a receiving channel or
storm sewer system.
(c)
Tracking. Each site shall have graveled roads,
access drives and parking areas of sufficient width and length to
prevent sediment from being tracked onto public or private roadways.
(d)
Drain inlet protection. All storm drain inlets
shall be protected with a straw bale, filter fabric, or equivalent
barrier meeting accepted design criteria, standards and specifications.
(e)
Site erosion control. The following criteria
apply only to land development or land-disturbing activities that
result in runoff leaving the site:
[1]
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(3)(e)[3] of this section. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet/second across the disturbed area for the set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. Soil and conversation service guidelines for allowable velocities in different types of channels should be followed.
[2]
All activities on the site shall be conducted
in a logical sequence to minimize the area of bare soil exposed at
any one time.
[3]
Runoff from the entire disturbed area on the
site shall be controlled by meeting either of the following:
[a]
All disturbed ground left inactive for seven
or more days shall be stabilized by seeding or sodding (only available
prior to September 15) or by mulching or covering or other equivalent
control measure.
[b]
For sites with 10 acres or more disturbed at
one time or if a channel originates in the disturbed area, one or
more sedimentation basins shall be constructed. Seeding or sodding
prior to May 1 shall require written approval from the Director of
Public Works for sites with 10 acres or more. Each sedimentation basin
shall have a surface area of at least 1% of the area draining to the
basin and at least three feet of depth and constructed in accordance
with accepted design specifications. Sediment shall be removed to
maintain a depth of three feet. The basin shall be designed to trap
sediment greater than 15 microns in size, based on the set of one-year
design storms having durations from 0.5 to 24 hours. The basin discharge
rate shall also be sufficiently low as to not cause erosion along
the discharge channel or the receiving water.
[c]
For sites with less than 10 acres disturbed
at one time, filter fences, straw bales, or equivalent control measures
shall be placed along all sideslope and downslope sides of the site.
If a channel or area of concentrated runoff passes through the site,
filter fences shall be placed along the channel edges to reduce sediment
reaching the channel.
[4]
Any soil or dirt storage piles containing more
than 10 cubic yards of material should not be located with a downslope
drainage length of less than 25 feet to a roadway or drainage channel.
If remaining for more than seven days, they shall be stabilized by
fabric fences, straw bales, vegetative cover, tarps or other means.
Erosion from piles which will be in existence for less than seven
days shall be controlled by placing straw bales or filter fence barriers
around the pile. If the piles are in existence for extended periods,
the fences or bales may need to be replaced. In-street utility repair
or construction soil or dirt storage piles located closer than 25
feet of a roadway or drainage channel must be covered with tarps or
suitable alternative control if exposed for more than seven days,
and the storm drain inlets must be protected with straw bales or other
appropriate filtering barriers.
C.
Standards for post-construction on-site detention
and runoff control for land-disturbing activities. The following methods
shall be used in designing the water quality, peak flow shaving and
infiltration components of stormwater practices needed to meet the
water quality standards of this chapter:
(1)
Technical standards identified, developed or disseminated
by the Wisconsin Department of Natural Resources under Subch. V of
Ch. NR 151, Wis. Adm. Code.
(2)
Where technical standards have not been identified
or developed by the Wisconsin Department of Natural Resources, other
technical standards may be used, provided that the methods have been
approved by the Village Engineer.
(3)
In this chapter, the following year and location has
been selected as average annual rainfall(s): Madison, 1981 (March
12 to December 2).
(4)
In the case of an apparent conflict in WDNR technical
standards versus this chapter, the more restrictive requirement(s),
in the opinion of the Village Engineer, shall apply.
D.
Performance standards: sediment in runoff.
(1)
The landowner, land user, and/or responsible party
shall implement a post-construction stormwater management plan that
incorporates the requirements of this section.
(2)
A written stormwater management plan in accordance with § 394-9 shall be developed and implemented for each post-construction site.
(3)
The plan required under Subsection D(2) shall include the following.
(a)
BMPs shall be designed, installed and maintained
to control total suspended solids carried in runoff from the post-construction
site as follows:
[1]
For all development, by design, reduce the total
suspended solids load by 80%, based on average annual rainfall, as
compared to no runoff management control.
[2]
Notwithstanding Subsection D(3)(a)[1], if the design cannot achieve the applicable total suspended solids reduction specified, the stormwater management plan shall include a written and site-specific explanation of why that level of reduction is not attained and the total suspended solids load shall be reduced to the maximum extent practicable.
|
Pollutant loading models such as SLAMM, P8 or equivalent methodology
may be used to evaluate the efficiency of the design in reducing total
suspended solids.
|
E.
Performance standards: peak discharge.
(1)
By design, BMPs shall be employed to maintain or reduce
the peak runoff discharge rates, as compared to predevelopment conditions
for the two-, ten-, twenty-five-, fifty- and one-hundred-year, twenty-four-hour
design storms applicable to the post-construction site. Predevelopment
conditions shall assume "good hydrologic conditions" for appropriate
land covers as identified in TR-55 or an equivalent methodology. The
meaning of "hydrologic soil group" and "runoff curve number" are as
determined in TR-55. However, when predevelopment land cover is cropland,
rather than using TR-55 values for cropland, the runoff curve numbers
in Table 1 shall be used.
(2)
For post-development conditions the hydrologic soil
group shall be down graded by one letter to account for soil compaction
during construction.
|
Table 1
Maximum Predevelopment Runoff Curve Numbers for Cropland
Areas
| |||||
|---|---|---|---|---|---|
|
Hydrologic Soil Group:
|
A
|
B
|
C
|
D
| |
|
Runoff curve number:
|
56
|
70
|
79
|
83
| |
F.
Performance standards: infiltration. BMPs shall be designed, installed and maintained to infiltrate runoff in accordance with the following, except as provided in Subsection F(2)(e)[1] through [9] below.
(1)
For residential developments, one of the following
shall be met:
(a)
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 90% of
the predevelopment infiltration volume based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
(b)
Infiltrate 25% of the post-development runoff
from the two-year twenty-four-hour design storm with a Type II distribution.
Separate curve numbers for pervious and impervious surfaces shall
be used to calculate runoff volumes and not composite curve numbers
as defined in TR-55. However, when designing appropriate infiltration
systems to meet this requirement, no more than 1% of the project site
is required as an effective infiltration area.
(2)
For nonresidential development, including commercial,
industrial and institutional development, one of the following shall
be met:
(a)
Infiltrate sufficient runoff volume so that
the post-development infiltration volume shall be at least 60% of
the predevelopment infiltration volume based on an average annual
rainfall. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
(b)
Infiltrate 10% of the runoff from the two-year
twenty-four-hour design storm with a Type II distribution. Separate
curve numbers for pervious and impervious surfaces shall be used to
calculate runoff volumes and not composite curve numbers as defined
in TR-55. However, when designing appropriate infiltration systems
to meet this requirement, no more than 2% of the project site is required
as an effective infiltration area.
(c)
Predevelopment condition shall be the same as in Subsection E. A model that calculates runoff volume, such as SLAMM, P8 or an equivalent methodology may be used.
(d)
Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection F(2)(e). Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
[1]
To achieve the infiltration requirement for
the parking lots or roads, "maximum extent practicable" should not
be interpreted to require significant topography changes that create
an excessive financial burden.
[2]
To minimize potential groundwater impacts, it
is desirable to infiltrate the cleanest runoff. To achieve this, a
design may propose greater infiltration of runoff from low pollutant
sources such as roofs and less from higher pollutant source areas
such as parking lots.
(e)
The runoff from the following areas is prohibited
from infiltrating due to the potential for groundwater contamination:
[1]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21(2)(a), Wis. Adm. Code, including
storage, loading, rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Adm. Code.
Runoff from Tier 2 parking and rooftop areas may be infiltrated but
may require pretreatment.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet upgradient or within
100 feet downgradient of karst features.
[5]
Areas with less than three feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock, except this Subsection F(2)(e) does not prohibit infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial
and institutional parking lots and roads and residential arterial
roads with less than five feet separation distance from the bottom
of the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[7]
Areas within 400 feet of a community water system
well as specified in § NR 811.16(4), Wis. Adm. Code, or
within 100 feet of a private well as specified in § NR 812.08(4),
Wis. Adm. Code, for runoff infiltrated from commercial, industrial
and institutional land uses or regional devices for residential development.
[8]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Adm. Code, are present in the soil
through which infiltration will occur.
[9]
Any area where the soil does not exhibit one
of the following soil characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a three-foot soil layer with 20% fines or greater or at least a five-foot
soil layer with 10% fines or greater. This does not apply where the
soil medium within the infiltration system provides an equivalent
level of protection.
(f)
The following are not required to meet the requirements of Subsection F:
[1]
Areas where the infiltration rate of the soil
is less than 0.6 inches/hour measured at the site.
[2]
Parking areas and access roads less than 4,000
square feet for commercial and industrial development.
[3]
Redevelopment post-construction sites.
[4]
Infiltration areas during periods when the soil
on the site is frozen.
[5]
Public roads in commercial, industrial and institutional
land uses, and arterial residential roads.
(g)
Where alternate uses of runoff are employed,
such as for toilet flushing, laundry or irrigation, such alternate
use shall be given equal credit toward the infiltration volume required
by this subsection.
(h)
Minimize pollutants.
[1]
Infiltration systems designed in accordance
with this subsection shall, to the extent technically and economically
feasible, minimize the level of pollutants infiltrating to groundwater
and shall maintain compliance with the preventive action limit at
a point of standards application in accordance with Ch. NR 140, Wis.
Adm. Code. However, if site-specific information indicates that compliance
with a preventive action limit is not achievable, the infiltration
BMP may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
[2]
Notwithstanding Subsection F(2)(h)[1], the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
G.
Protective areas.
(1)
"Protective area" means an area of land that commences
at the top of the channel of lakes, streams and rivers or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
subsection, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert such that runoff cannot
enter the enclosure at this location.
(a)
For outstanding resource waters and exceptional
resource waters, and for wetlands in areas of special natural resource
interest as specified in § NR 103.04, Wis. Adm. Code: 75
feet.
(b)
For perennial and intermittent streams identified
on a United States geological survey seven-and-one-half-minute series
topographic map or a county soil survey map, whichever is more current:
50 feet.
(c)
For lakes: 50 feet.
(d)
For highly susceptible wetlands: 50 feet. "Highly
susceptible wetlands" include the following types: fens, sedge meadows,
bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands,
fresh wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(1m), Wis. Adm. Code. This subsection does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
(e)
For less susceptible wetlands: 10% of the average
wetland width, but no less than 10 feet nor more than 30 feet. "Less
susceptible wetlands" include degraded wetlands dominated by invasive
species such as reed canary grass.
(g)
For concentrated flow channels with drainage
areas greater than 130 acres: 10 feet.
(2)
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection G(4).
(3)
The following requirements shall be met:
(a)
Impervious surfaces shall be kept out of the
protective area to the maximum extent practicable. The stormwater
management plan shall contain a written site-specific explanation
for any parts of the protective area that are disturbed during construction.
(b)
Where land-disturbing construction activity
occurs within a protective area, and where no impervious surface is
present, adequate sod or self-sustaining vegetative cover of 70% or
greater shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat and filtering of pollutants from upslope
overland flow areas under sheetflow conditions.
[1]
Nonvegetative materials, such as rock riprap,
may be employed on the bank as necessary to prevent erosion, such
as on steep slopes or where high velocity flows occur.
[2]
It is required that seeding of nonaggressive
vegetative cover be used in the protective areas. Vegetation that
is flood- and drought-tolerant and can provide long-term bank stability
because of an extensive root system is preferable. Vegetative cover
can be measured using the line transect method described in the University
of Wisconsin Extension Publication No. A3533, titled "Estimating Residue
Using the Line Transect Method."
(c)
Best management practices such as filter strips,
swales, or detention basins that are designed to control pollutants
from non-point sources may be located in the protective area.
(4)
This subsection does not apply to:
(a)
Redevelopment post-construction sites.
(b)
Infill development areas less than five acres.
(c)
Structures that cross or access surface waters,
such as boat landings, bridges and culverts.
(d)
Post-construction sites from which runoff does
not enter the surface water, except to the extent that vegetative
ground cover is necessary to maintain bank stability.
(e)
A vegetated protective area to filter runoff pollutants from post-construction sites described in this Subsection G(4)(e) is not necessary since runoff is not entering the surface water at that location. Other practices, necessary to meet the requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants before the runoff enters a surface water of the state.
H.
Standard for tracking. The Village Engineer shall
neither approve any plan nor shall the Village Clerk/Treasurer issue
a permit for any land-disturbing activity under this chapter unless
satisfied that adequate provisions are made to prevent the tracking
or dropping of dirt or other materials from the site onto any public
or private street.
I.
Design criteria, engineering standards and general
principles. The applicant for a permit may employ any structural or
nonstructural measures believed to be necessary to achieve all applicable
standards set out in this chapter. However, the Village Engineer is
required to evaluate these measures to determine that they follow
currently accepted design criteria and engineering standards. The
following general principles shall be used by the Village Engineer
when evaluating control plans and granting permits under this chapter:
(1)
The smallest practical area of land shall be exposed
at any given time during development.
(2)
Such minimum area exposure shall be kept to as short
a duration of time as is practicable.
(3)
Temporary vegetation, mulching or other cover shall
be used to protect areas exposed during development.
(4)
Provision shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development according to the standards contained
in this chapter.
(5)
Permanent, final plant covering or structures shall
be installed as soon as possible.
(6)
The plan of development shall relate to the topography
and soils of the site so that the lowest potential for erosion is
created.
(7)
Natural plant covering shall be retained and protected
and shall be deemed a dominating factor in developing the site.
A.
Permit required; procedure and fee.
(1)
Unless specifically exempted from this chapter, no
landowner, land user, and/or responsible party may undertake a land-disturbing
activity subject to this chapter without receiving a permit from the
Village Engineer prior to commencing the proposed activity. Each landowner,
land user, and/or responsible party desiring to undertake a regulated
activity subject to this chapter shall submit to the Village Engineer
an application for a permit together with the appropriate fee required
by this chapter.
(2)
The owner or land user of public lands is exempt from
payment of any permit fees.
B.
Control plan required. Unless specifically exempted
by this chapter, every applicant for a permit under this chapter shall
develop and shall submit a plan to control erosion, sedimentation
and runoff which would result from the proposed activity ("control
plan") which shall be reviewed and approved or disapproved by the
Village Engineer prior to issuance of the permit.
C.
Contents of the control plan. The control plan shall
contain such information which the Village Engineer may reasonably
need to determine soil erosion, sedimentation and runoff control.
The Village Engineer may require the following, as well as any other
information which, in the judgment of the Engineer, is needed to evaluate
the control plan:
(1)
A map of the site location at a scale of not smaller
than one inch equals 100 feet showing the location of predominant
soil types and the existing vegetative cover.
(2)
A topographic map of the site location with a maximum
of two-foot contour intervals, including enough of the contiguous
properties to show existing drainage patterns and watercourses that
may affect or be affected by the proposed development of the site
and also show the site boundaries. Scale of not less than one inch
equals 100 feet is to be used.
(3)
A plan of the site at a scale of not smaller than
one inch equals 100 feet, showing:
(a)
Name, address and telephone number of the land
occupier, along with the name and telephone number of the party responsible
for maintaining erosion control structures.
(b)
Limits of natural floodplain(s), based on a
one-hundred-year flood, if any.
(c)
Limits of wetland areas, if any.
(d)
A schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area of land-disturbing activity prior to the completion of
effective measures for erosion and sediment control.
(e)
Proposed topography of the site location with
a maximum of two-foot contour intervals, showing:
[1]
Location of proposed land-disturbing activity,
proposed disturbance of protective cover, any proposed additional
structure on the site, areas to be seeded or mulched, areas to be
vegetatively stabilized and areas to be left undisturbed.
[2]
Elevations, dimensions, locations of all proposed
land-disturbing activities, including where topsoil will be stockpiled
so that topsoil will not contribute to erosion and sedimentation.
[3]
The finished grade, stated in feet horizontal
to feet vertical, of cut and fill slopes.
[4]
Kinds of utilities and proposed areas of installation.
[5]
Proposed paved and covered areas in square feet
or to scale on a plan map.
[6]
Makeup of proposed surface soil (upper six inches)
on areas not covered by buildings, structures or pavement. Description
shall be in such terms as: original surface soil, subsoil, sandy,
heavy clay or stony.
[7]
Proposed kind of cover on areas not covered
by buildings, structures or pavement. Description shall be in such
terms as: lawn, turfgrass, shrubbery, trees, forest cover, riprap
or mulch.
(f)
Plans and hydraulic computations of all temporary
or permanent structural or nonstructural measures or other protective
devices to be constructed in connection with or as part of the proposed
work, showing:
[1]
Estimated surface runoff of the area based upon
two-, ten-, twenty-five-, fifty- and one-hundred-year frequency storm
events. Peak flows based upon synthetic storm frequency events calculated
using Urban Hydrology for Small Watersheds – TR55 shall be required
in the event that storm runoff or stream flow data is not available
in the area.
[2]
Estimated rate of discharge in cubic feet per
second at the point or points of discharge from the site location
based upon two-, ten-, twenty-five-, fifty- and one-hundred-year frequency
storm events.
[3]
The storm event frequency or recurrence interval
and discharge rate in cubic feet per second on which the design of
plans for the site location is based.
[4]
Proposed provisions to carry runoff to the nearest
adequate outlet, such as a curbed street, storm drain or natural drainageway.
[5]
Design computations and applicable assumptions
for all structural measures for erosion and sediment pollution control
and water management. Volume and velocity of flow shall be given for
all surface water conveyance measures and pipe outfalls. Surface runoff
computations shall be submitted to the Village Engineer in accordance
with current administrative guidelines as approved by the Village
Plan Commission.
[6]
Estimate of cost of erosion and sediment control
and water management structures and features.
[7]
Provisions for maintenance of control facilities,
including easements to ensure short- as well as long-term erosion
and sediment pollution control and stormwater management.
[8]
Seeding mixtures and rates, lime and fertilizer
application rates, and kind and quantity of mulching for both temporary
and permanent vegetative control measures.
[9]
Methods to prevent tracking of soil off the
site of the land-disturbing activity.
D.
Review of application and control plan and issuance
of permits.
(1)
The applicant shall submit a permit application and
any required fee and control plan to the Village Clerk/Treasurer.
The Village Clerk/Treasurer shall forward the control plan to the
Village Engineer for review.
(2)
The Village Engineer shall inform the applicant in
writing whether or not the control plan is approved within five weeks
from the date of receipt of the completed application, control plan
and required fee.
(a)
If the application is approved, the Village
Engineer shall issue the permit to the applicant ("permittee").
(b)
If additional information is required by the Village Engineer in order to evaluate the application, the Village Engineer shall so notify the applicant, who shall promptly submit the required information. Further review and approval or disapproval shall occur as specified in § 394-11 of this chapter, with applicable time limits determined from the date of receipt of the additional information.
(c)
If the application is disapproved, the Village Clerk/Treasurer or Village Engineer shall specify in writing the reasons for disapproval. The applicant may resubmit a new or modified control plan or may appeal the Village's decision pursuant to § 394-13.
(d)
Failure by the Village to notify an applicant
in writing within five weeks of receipt of the completed application,
control plan and any required fee shall be deemed to be approval of
the plan as submitted, and the applicant may proceed as if the permit
has been issued unless notified of an additional information requirement.
E.
Permit; conditions. All permits issued under this
chapter shall be issued subject to the following conditions and requirements,
and any landowner, land user, and/or responsible party who begins
to perform any land-disturbing activity authorized by permit shall
be deemed to have accepted all of these conditions.
(1)
All land disturbances, construction and development
will be done pursuant to the control plan as approved by the Village
Engineer.
(2)
The permittee shall give at least two working days'
notice to the Village Engineer in advance of the start of any land-disturbing
activity.
(3)
The permittee shall file a notice of completion of
all land-disturbing activities and/or the completion of installation
of all on-site detention facilities within 10 days after completion.
(4)
Approval in writing must be obtained from the Village
Engineer prior to any modifications to the approved control plan.
(5)
The permittee will be responsible for maintaining
all roads, road rights-of-way, streets, runoff and drainage facilities
and drainageways as specified in the approved plan until they are
accepted and dedicated to a governmental entity.
(6)
The permittee will be responsible for repairing any
damage at his or her expense to all adjoining surfaces and drainageways
caused by runoff and/or sedimentation resulting from activities which
are not in compliance with the approved plan.
(7)
The permittee must provide and install at his or her
expense all drainage, runoff control and erosion control improvements
required by this chapter and the approved control plan and also must
bear his or her proportionate share of the total cost of off-site
improvements to drainageways based upon the existing developed drainage
area or planned development of the drainage area, as determined by
the Village Engineer.
(8)
No work will be done on the site during any period
of time that the average hourly wind velocity at the location of the
land-disturbing activity exceeds 20 miles per hour, unless provision
has been made to eliminate dust or blowing dirt.
(9)
No portion of the land which undergoes the land-disturbing
activity will be allowed to remain uncovered for greater than two
weeks after notice is given to the Village Engineer that the land-disturbing
activity is completed.
(10)
The permittee shall permit the Village Engineer
to enter onto the land regulated under this chapter for the purpose
of inspecting for compliance with the approved control plan and permit.
(11)
The permittee authorizes the Village Engineer
to perform any work or operations necessary to bring the condition
of the lands into conformity with the approved control plan or plan
as modified by the Village Engineer and further consents to the Village
placing the total of the costs and expenses of such work and operations
upon the tax roll as a special tax against the property.
F.
Permit duration. Permits issued under this chapter
shall be valid for a period of six months from the date of issuance
by the Village Engineer, and all work must be completed prior to the
expiration date of the permit. The Village Engineer or Village Board
may extend the expiration date of the permit if the Engineer finds
that an extension will not cause an increase in erosion, sedimentation
or runoff. The Village Engineer is further authorized to modify the
plans if necessary to prevent any increase in sedimentation, erosion
or runoff resulting from any extension.
G.
Fees for engineering review and enforcement.
(1)
Any person who submits an application for approval
of an erosion control plan or issuance of a permit required by this
chapter shall pay a filing fee in the amount established by the Village
Board by resolution and, in addition, shall pay the Village's actual
cost for engineering work by the Village Engineer incurred by the
Village in connection with review of the erosion control plan, including
any inspections required to assure compliance with the plan. The fee
shall be paid prior to issuance of the permit if the engineering review
fees have been billed by that time. If billed to the Village after
issuance of the permit, the fee shall be paid within 30 days of its
receipt by the permittee. Failure to pay such fee within 30 days shall
be grounds for revocation of the permit, issuance of a stop-work order,
and the Village may collect the unpaid fees by imposing a special
charge upon the next tax roll of the parcel or parcels of real estate
proposed to be or actually disturbed pursuant to § 66.0627,
Wis. Stats.
(2)
If the Village Engineer is required to undertake any
enforcement action under this chapter, all fees charged to the Village
by the Engineer and/or the Village Attorney shall be collected by
the Village from the landowner, land user, and/or responsible party
violating this chapter unless a court of record expressly dismisses
an action to enforce this chapter or finds that the Engineer's actions
lacked a reasonable basis under this chapter. If any fees are not
paid within 30 days of billing, the Village may collect the fees by
imposing a special charge upon the next tax roll against the real
estate parcel or parcels proposed to be or actually disturbed pursuant
to § 66.0627 Wis. Stats.
(3)
The Village Engineer and/or Clerk/Treasurer shall have the discretion in connection with any significant land-disturbing activity to require that the applicant, prior to issuance of a permit, make an escrow deposit or, in lieu thereof, furnish a performance bond in an amount equal to 125% of the estimated cost of all of the required control measures, as determined by the Village Engineer, including the cost of inspections. In the sole discretion of the Village Engineer and/or Clerk/Treasurer, the applicant may also assure payment for the measures by filing an irrevocable letter of credit in favor of the Village issued in the same amount for a sufficient duration to assure completion of the measures and in a form and drawn upon a national or state-chartered financial institution acceptable to the Village Engineer, Clerk/Treasurer and/or Village Attorney. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force for the entire period of the permit unless released earlier by the Village. The Village shall have the right to draw upon the security for the purpose of obtaining compliance with the approved plan as it deems necessary. If the approved plan is included as part of plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under Chapter 405, Subdivision of Land, of this Code.
Land-disturbing activities commenced after the
effective date of this chapter shall comply with all provisions of
this chapter. Land-disturbing activities that are in progress as of
the date of this chapter shall comply with all provisions of this
chapter.
A.
Delegation of authority. The Village Board shall designate
the Village Engineer to administer and enforce the provisions of this
chapter under its direction. The Village Engineer may seek technical
advice from the Columbia County Land Conservation District, the U.S.
Department of Agriculture Natural Resources Conservation Service or
the Wisconsin Department of Natural Resources as to the adequacy of
any proposed plan and permit application submitted to the Village.
B.
Administrative duties. In the administration and enforcement
of this chapter, the Village Engineer shall perform the following
duties:
(1)
Keep an accurate record of all plan data received,
plans approved, permits issued, inspections made and other official
actions, and make a periodic permit activity report to the Village
Plan Commission and/or the Village Board.
(2)
Investigate all complaints made to the application
of this chapter.
(3)
Prepare plans for runoff control when requested to
do so by the permit application pursuant to this article, but only
after the appropriate fee is received.
(4)
Review all plans and permit applications received
when accompanied with the necessary information and the appropriate
fee and authorize the appropriate Village administrative staff to
issue the permits required by this chapter in accordance with the
procedure as set out in this chapter.
(5)
Revoke any permit granted under this chapter if it
is found that the holder of the permit has misrepresented any material
fact in the permit application or plan or has failed to comply with
the plan as originally approved or as modified in writing subsequently
by the Village Engineer or has violated any of the other conditions
of the permit as issued to the applicant.
C.
Inspection authority. The Village Engineer is authorized
to enter upon any public or private lands affected by this chapter
to inspect the land prior to permit issuance for the purpose of determining
whether to approve the plan and after permit issuance to determine
compliance with this chapter. If permission cannot be received from
the landowner or user, entry by the Village Engineer shall be by special
inspection warrant pursuant to § 66.0119, Wis. Stats.
D.
Enforcement authority. The Village Engineer is authorized
to post a stop-work order upon land which has had a permit revoked
or to post a stop-work order upon land which is currently undergoing
any land-disturbing activity in violation of this chapter. The Village
Engineer shall supply a copy of each stop-work order to the Village
Attorney. In lieu of the stop-work order, the Village Engineer may
issue a written cease and desist order to any landowner, land user,
and/or responsible party whose activity is in violation of this chapter.
These orders shall specify that the activity must be ceased or brought
into compliance with this chapter within seven days. Any revocation,
stop-work order or cease and desist order shall remain in effect unless
retracted by the Village Board, the Village Engineer or by a court
of general jurisdiction; or until the land-disturbing activity is
brought into compliance with this chapter. The Village Engineer is
authorized to refer any violation of this chapter or of a stop-work
or cease and desist order issued pursuant to this chapter to the Village
Attorney for the commencement of further legal proceedings.
A.
Penalties. Any person, firm, corporation, landowner, land user, and/or responsible party 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 except as otherwise provided in § 32-1 of this Code.[1] Each day that a violation exists or continues shall constitute
a separate offense.
B.
Enforcement by injunction. Compliance with the provisions
of this chapter may also be enforced by injunction order at the suit
of the Village. It shall not be necessary to prosecute for forfeiture
before resorting to injunction proceedings.
C.
Performance of work by the Village Engineer. Where
the Village Engineer determines that a landowner, land user, and/or
responsible party has failed to obtain a permit as required by this
chapter or a permittee has failed to make any improvements or to follow
practices as approved in the plan or has failed to comply with the
time schedule as included in the plan, the Village Engineer or a party
designated by the Village Engineer may enter upon the land and perform
the work or other operations necessary to bring the condition of said
land into conformity with the requirements of the approved plan and/or
this chapter. The Village Engineer shall keep a detailed accounting
of the costs and expenses of performing this work, and these costs
and expenses shall be billed to the landowner, land user, and/or responsible
party. In the event payment is not made to the Village within 30 days
of billing, the Village may collect the fees by imposing a special
charge upon the next tax roll against the real estate parcel or parcels
proposed to be or actually disturbed pursuant to § 66.0627,
Wis. Stats.
A.
Authority. The Village Board shall:
(1)
Hear and decide appeals where it is alleged that there
is error in any order, requirement, decision or determination made
by the Village Engineer in administering this chapter.
(2)
Authorize, upon appeal in specific cases, such variances
from the terms of this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship
or it is demonstrated that the provision is unnecessary, so that the
spirit of this chapter shall be observed, public safety and welfare
secured, and substantial justice done. Variances shall not be granted
solely on the basis of economic hardships.
B.
Procedure. Appeal or variance requests must be submitted
in writing and state the grounds for the appeal or variance. A filing
fee in an amount established by the Village Board by resolution must
accompany the appeal or variance request. Any appeal must be filed
within 45 days of the order, decision, determination or inaction being
appealed. The appeal or request for variance shall be heard by the
Village Board within 45 days of receipt unless extension is agreed
upon by all parties.
C.
Who may appeal. Appeals may be taken by any person
aggrieved or by an officer, department, board or bureau of the Village
affected by the order, requirement, decision or determination made
by the Village Engineer. For the purpose of this chapter, "aggrieved"
person shall include any applicant, permittee, landowners, land users,
and/or responsible party.
D.
Administrative review. Pursuant to § 68.16,
Wis. Stats., the Village Board elects that the procedures set forth
in this section for administrative review of decisions under this
chapter shall apply in lieu of the procedures of the Wisconsin Municipal
Administrative Procedure Act, except for §§ 68.14 and
68.15, Wis. Stats.
E.
Enforcement not stayed. The filing of an appeal or
variance does not preclude the Village from commencing or continuing
any of the enforcement actions set forth herein or a forfeiture proceeding
unless the Village Board specifically agrees to stay such enforcements.
