The Lodi Common Council finds that runoff from land-disturbing
construction activity carries sediment and other pollutants to the
waters of the state and to the City of Lodi.
It is the purpose of this chapter to further the maintenance
of safe and healthful conditions, prevent and control water pollution
and minimize and control soil erosion by minimizing the amount of
sediment and other pollutants carried into surface water.
This chapter applies to land-disturbing construction activity
on construction sites located within the boundaries and jurisdiction
of the City of Lodi.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee that is designated by the Lodi Common
Council to administer this chapter.
BEST MANAGEMENT PRACTICE or BMP
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.
BUSINESS DAY
A day the City Hall is routinely and customarily open for
business.
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
CONSTRUCTION SITE
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.
DIVISION OF LAND
A division of a lot or parcel of land for the purpose of
transfer of ownership or of building development where the act of
division creates from one parcel five or more parcels or building
sites of 1.5 or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
EROSION
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
EXTRATERRITORIAL
The unincorporated area within 1.5 miles of the municipal
boundaries of the City of Lodi.
FINAL STABILIZATION
All land-disturbing construction activities at the construction
site have been completed and that 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.
LAND-DISTURBING CONSTRUCTION ACTIVITY
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.
MEP or MAXIMUM EXTENT PRACTICABLE
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.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Building Inspector to
the applicant to conduct land-disturbing construction activity or
to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
RESPONSIBLE PARTY
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.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
SEPARATE STORM SEWER
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:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not draining to a stormwater treatment device or system.
D.
Discharges directly or indirectly to waters of the state.
SITE
The entire area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
STOP-WORK ORDER
An order issued by the Building Inspector which requires
that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Required fees shall be set by the Lodi Common Council by resolution
and be paid at the time of application.
The penalty for violation of any provision of this chapter shall be a penalty as provided in Chapter
1, §
1-3 of this Code. In any action to enforce this chapter, the fact that a permit shall have been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense. Each day of continued violation may constitute a separate offense.