[HISTORY: Adopted by the Town Board of the Town of Cedarburg 10-1-2008 by Ord. No. 2008-17. Amendments noted where applicable.]
A.
This chapter
is adopted under the authority granted by § 60.627, Wis.
Stats. This chapter supersedes all provisions of a chapter previously
enacted under § 60.62, Wis. Stats., that relate to construction
site erosion control. Except as otherwise specified in § 60.627,
Wis. Stats., § 60.62, Wis. Stats., applies to this chapter
and to any amendments to this chapter.
B.
The provisions
of this chapter are deemed not to limit any other lawful regulatory
powers of the same governing body.
C.
The Town
Board hereby designates the Director of Public Works and/or an authorized
designee designated by the Director of Public Works (hereinafter in
this chapter referred to as "designee") to administer and enforce
the provisions of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-4]
D.
The requirements
of this chapter do not preempt more stringent erosion and sediment
control requirements that may be imposed by any of the following:
(1)
Wisconsin
Department of Natural Resources administrative rules, permits or approvals,
including those authorized under §§ 281.16 and 283.33,
Wis. Stats.
(2)
Targeted
nonagricultural performance standards promulgated in rules by the
Wisconsin Department of Natural Resources under § NR 151.004,
Wis. Adm. Code.
The Town Board finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the Town of Cedarburg.
It is the purpose of this chapter to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the Town of Cedarburg.
A.
Applicability.
(1)
This chapter applies to construction sites that have one or more acres of land-disturbing construction activity except as provided under Subsection A(2).
(2)
This
chapter does not apply to the following:
(a)
A construction project that is exempted by federal statutes or regulations
from the requirement to have a national pollutant discharge elimination
system permit issued under 40 CFR Part 122 for land-disturbing construction
activity.
(b)
Nonpoint discharges from agricultural facilities and practices.
(c)
Nonpoint discharges from silviculture activities.
(d)
Routine maintenance for project sites under five acres of land disturbance
if performed to maintain the original line and grade, hydraulic capacity
or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to the following sites of land development or land-disturbing activities:
(a)
Those requiring a subdivision plat approval or the construction of
houses or commercial, industrial or institutional buildings on lots
of approved certified surveys.
(b)
Those requiring a certified survey approval or the construction of
houses of commercial, industrial or institutional buildings on lots
of approved certified surveys.
(c)
Those involving grading, removal of protective ground cover or vegetation,
excavation, land filling or other land-disturbing activity affecting
a surface area of 4,000 square feet or more.
(d)
Those involving excavation or filling or a combination of excavation
and filling affecting 400 cubic yards or more of dirt, sand or other
excavation or fill material.
(e)
Those involving street, highway, road or bridge construction, enlargement,
relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing or enlarging of
an underground pipe or facility for a distance of 300 feet or more.
(Note: The above applicability criteria are specifically stated in
1983 Wisconsin Act 416 for inclusion in this chapter. Utility companies
responsible for energy repair work should enter into a memorandum
of agreement with the Town Director of Public Works or designee clearly
stating their responsibilities if their activities may be included
under any of the above applicability criteria.)
[Amended 5-5-2021 by Ord. No. 2021-4]
B.
Jurisdiction.
This chapter applies to land-disturbing construction activity on construction
sites located within the boundaries and jurisdiction of the Town of
Cedarburg.
C.
Exclusions.
This chapter is not applicable to activities conducted by a state
agency, as defined under § 227.01(1), Wis. Stats., but also
including the office of District Attorney, which is subject to the
state plan promulgated or a memorandum of understanding entered into
under § 281.33(2), Wis. Stats.
A.
Design
criteria, standards and specifications. All drainage facilities and
practices required to comply with this chapter shall incorporate technical
standards and design methods specified in the document "Town of Cedarburg
Erosion Control and Stormwater Management Requirements," maintained
and periodically updated by the Director of Public Works or designee.
Where not superseded by stricter requirements in Town of Cedarburg
Erosion Control and Stormwater Management Requirements, the following
standards are also incorporated by reference:
[Amended 5-5-2021 by Ord. No. 2021-4]
(1)
Other
design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Chapter NR 151, Wis. Adm. Code.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 110-8, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 110-8 and implemented for each construction site.
C.
Erosion
and sediment control performance standards. All drainage facilities
and practices required to comply with this chapter shall meet performance
standards specified in the document "Town of Cedarburg Erosion Control
and Stormwater Management Requirements," maintained and periodically
updated by the Director of Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-4]
D.
Alternate
requirements. The Director of Public Works or designee may establish
erosion and sediment control requirements more stringent than those
set forth in Town of Cedarburg Erosion Control and Stormwater Management
Requirements, if the Director of Public Works or designee determines
that an added level of protection is needed to address downstream
stormwater management issues.
[Amended 5-5-2021 by Ord. No. 2021-4]
A.
Permit
required. No responsible party may commence a land-disturbing construction
activity subject to this chapter without receiving prior approval
of an erosion and sediment control plan for the site and a permit
from the Director of Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-4]
B.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 110-8 and shall pay an application fee consistent with the fee schedule maintained by the Town of Cedarburg. By submitting an application, the applicant is authorizing the Director of Public Works or designee to enter the site to obtain information required for the review of the erosion and sediment control plan and conformance to the associated permit.
[Amended 5-5-2021 by Ord. No. 2021-4]
C.
Review
and approval of permit application. The Director of Public Works or
designee shall review any permit application that is submitted with
the erosion and sediment control plan, and the required fee. The following
approval procedure shall be used:
[Amended 5-5-2021 by Ord. No. 2021-4]
(1)
The Director of Public Works or designee may request additional information if required for a complete application within 15 business days of receipt of any permit application. Within 30 business days of the receipt of a complete permit application, as required by Subsection B, the Director of Public Works or designee shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-4]
(2)
If
the permit application and plan are approved, the Director of Public
Works or designee shall issue the permit.
[Amended 5-5-2021 by Ord. No. 2021-4]
(3)
If
the permit application or plan is denied, the Director of Public Works
or designee shall state in writing the reasons for denial.
[Amended 5-5-2021 by Ord. No. 2021-4]
(4)
The
Director of Public Works or designee may request additional information
from the applicant. If additional information is submitted, the Director
of Public Works or designee shall have 10 business days from the date
the additional information is received to inform the applicant that
the plan is either approved or disapproved.
[Amended 5-5-2021 by Ord. No. 2021-4]
D.
Financial
guarantee. As a condition of approval and issuance of the permit,
the Director of Public Works or designee may require the applicant
to deposit a surety bond or irrevocable letter of credit to guarantee
a good faith execution of the approved erosion control plan and any
permit conditions.
[Amended 5-5-2021 by Ord. No. 2021-4]
E.
Permit
requirements. All permits shall require the responsible party to:
(1)
Notify
the Director of Public Works or designee two full business days prior
to commencing any land-disturbing construction activity.
[Amended 5-5-2021 by Ord. No. 2021-4]
(2)
Notify
the Director of Public Works or designee of completion of any best
management practices (BMPs) within three full business days after
their installation.
[Amended 5-5-2021 by Ord. No. 2021-4]
(3)
Obtain permission in writing from the Director of Public Works or designee prior to any modification pursuant to § 110-8B of the erosion and sediment control plan.
[Amended 5-5-2021 by Ord. No. 2021-4]
(4)
Install
all BMPs as identified in the approved erosion and sediment control
plan.
(5)
Maintain
all road drainage systems, stormwater drainage systems, BMPs and other
facilities identified in the erosion and sediment control plan.
(6)
Provide
the Director of Public Works or designee with a twenty-four-hour contact
name and telephone number.
[Amended 5-5-2021 by Ord. No. 2021-4]
(7)
Repair
any siltation or erosion damage to adjoining surfaces and drainage
ways resulting from land-disturbing construction activities and document
repairs in a site erosion control log; remove accumulated sediment
from downstream culverts, storm sewers, and other drainage facilities.
(8)
Inspect
the BMPs within 24 hours after each rain of 0.5 inch or more which
results in runoff during active construction periods, and at least
once each week, make needed repairs and document the findings of the
inspections in a site erosion control log with the date of inspection,
the name of the person conducting the inspection, and a description
of the present phase of the construction at the site.
(9)
Allow
the Director of Public Works or designee, his agent, or assignee to
enter the site for the purpose of inspecting compliance with the erosion
and sediment control plan or for performing any work necessary to
bring the site into compliance with the control plan; keep a copy
of the erosion and sediment control plan at the construction site.
[Amended 5-5-2021 by Ord. No. 2021-4]
F.
Permit conditions. Permits issued under this section may include conditions established by Director of Public Works or designee in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 110-6.
[Amended 5-5-2021 by Ord. No. 2021-4]
G.
Permit
duration. Permits issued under this section shall be valid for a period
of 180 days, or the length of the building permit or other construction
authorizations, whichever is longer, from the date of issuance. The
Director of Public Works or designee may extend the period one or
more times for up to an additional 180 days. The Director of Public
Works or designee may require additional BMPs as a condition of the
extension if they are necessary to meet the requirements of this chapter.
[Amended 5-5-2021 by Ord. No. 2021-4]
H.
Maintenance.
The responsible party throughout the duration of the construction
activities shall maintain all BMPs necessary to meet the requirements
of this chapter until the site has undergone final stabilization.
A.
Plan requirements.
An erosion and sediment control plan shall be prepared and submitted
to the Director of Public Works or designee. The erosion and sediment
control plan shall include, at a minimum, information required in
the Town of Cedarburg Erosion Control and Stormwater Management Requirements,
maintained and periodically updated by the Director of Public Works
or designee.
[Amended 5-5-2021 by Ord. No. 2021-4]
B.
Amendments.
The applicant shall amend the plan if any of the following occur:
(1)
There
is a change in design, construction, operation or maintenance at the
site which has the reasonable potential for the discharge of pollutants
to waters of the state and which has not otherwise been addressed
in the plan.
(2)
The
actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The
Director of Public Works or designee notifies the applicant of changes
needed in the plan.
[Amended 5-5-2021 by Ord. No. 2021-4]
The fees referred to in other sections of this chapter shall
be established by the Town Board and may from time to time be modified
by resolution. A schedule of the fees established by the Town Board
shall be available for review at the Town Hall.
[Amended 5-5-2021 by Ord. No. 2021-4]
If land-disturbing construction activities are being carried
out without a permit required by this chapter, the Director of Public
Works or designee, his agent, or assignee, may enter the land pursuant
to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
A.
The Director
of Public Works or designee may post a stop-work order if any of the
following occurs:
[Amended 5-5-2021 by Ord. No. 2021-4]
B.
If the
responsible party does not cease activity as required in a stop-work
order posted under this section or fails to comply with the erosion
and sediment control plan or permit conditions, the Director of Public
Works or designee may revoke the permit.
[Amended 5-5-2021 by Ord. No. 2021-4]
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public Works or designee, or if a responsible party violates a stop-work order posted under Subsection A, the Director of Public Works or designee may request the Town Attorney to obtain a cease-and-desist order in any court with jurisdiction.
[Amended 5-5-2021 by Ord. No. 2021-4]
E.
After posting a stop-work order under Subsection A, the Director of Public Works or designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Director of Public Works or designee may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Director of Public Works or designee, plus interest at the rate authorized by Director of Public Works or designee, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
[Amended 5-5-2021 by Ord. No. 2021-4]
F.
Any person
violating any of the provisions of this chapter shall be subject to
forfeiture per the Town Schedule of Deposits. Each day a violation
exists shall constitute a separate offense.
G.
Compliance
with the provisions of this chapter may also be enforced by injunction
in any court with jurisdiction. It shall not be necessary to prosecute
for forfeiture or a cease-and-desist order before resorting to injunction
proceedings.
A.
Board of Zoning Appeals. The Board of Zoning Appeals created pursuant to § 16-2 of the Town of Cedarburg Code pursuant to § 60.65, Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works or designee in administering this chapter except for cease and desist orders obtained under § 110-11C;
[Amended 5-5-2021 by Ord. No. 2021-4]
(2)
Upon
appeal, may authorize variances from the provisions of this chapter
which are not contrary to the public interest and where, owing to
special conditions, a literal enforcement of the provisions of the
chapter will result in unnecessary hardship; and
(3)
Shall
use the rules, procedures, duties and powers authorized by statute
in hearing and deciding appeals and authorizing variances.
B.
Who may
appeal. Appeals to the Board of Zoning Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Town of Cedarburg affected by any decision of the Director of
Public Works or designee.
[Amended 5-5-2021 by Ord. No. 2021-4]
If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee, a designee designated by the Director
of Public Works, or a regional planning commission empowered under
§ 60.627, Wis. Stats., that is designated by the Town Board
to administer this chapter.
[Amended 5-5-2021 by Ord. No. 2021-4]
Has the meaning in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or non-structural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Director of Public Works or designee
is routinely and customarily open for business.
[Amended 5-5-2021 by Ord. No. 2021-4]
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
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.
The creation, from one parcel, of two or more parcels or
building sites of five or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
The process by which the land’s surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
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 that employ equivalent permanent stabilization measures.
The Town Board of Supervisors of the Town of Cedarburg.
[Amended 5-5-2021 by Ord. No. 2021-4]
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Director of Public Works
or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to waters of the
state. No person may conduct land-disturbing activity or discharge
post-construction runoff to waters of the state within the Town of
Cedarburg without obtaining such permit from the Town indicating that
the requirements of this chapter are met, and the owner shall pay
the applicable permit fee according to the Annual Fee Schedule as
established by the Town Board. The Town's permit application shall
require that all costs incurred by the Town or its designee, agents,
and/or consultants to properly review the application shall be the
responsibility of the applicant who shall timely pay or reimburse
the Town of Cedarburg for all engineering, inspection, legal, and
administrative costs incurred by the Town in reviewing the application.
This includes applications that result in after-the-fact permits.
[Amended 5-5-2021 by Ord. No. 2021-4]
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Any entity holding fee title to the property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
Stormwater or precipitation, including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
An order issued by the Director of Public Works or designee
which requires that all construction activity on the site be stopped.
[Amended 5-5-2021 by Ord. No. 2021-4]
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Has the meaning given in § 281.01(18), Wis. Stats.
[Amended 5-5-2021 by Ord. No. 2021-4]
The above and foregoing chapter was duly adopted by the Town
Board of Town of Cedarburg on the first day of October, 2008, and
as amended thereafter.
