City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 2-7-2017 by Ord. No. 2020(16).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 115.
Sewers — See Ch. 259.
Stormwater management — See Ch. 270.
Subdivision of land — See Ch. 278.
Zoning — See Ch. 315.
[1]
Editor’s Note: This ordinance also repealed former Ch. 148, Construction Site Erosion, adopted 7-20-2010 by Or.d No. 1903(6).

§ 148-1 Legislative authority.

A. 
This chapter is adopted under the authority granted by § 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats. § 62.23, 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 Common Council hereby designates the City Engineer to administer and enforce the provisions of this chapter.
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.

§ 148-2 Findings of fact.

The Common Council 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 City of Burlington.

§ 148-3 Purpose.

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 City of Burlington.

§ 148-4 Applicability; jurisdiction; exclusions.

A. 
Applicability.
(1) 
This chapter applies to the following land-disturbing construction activities except as provided under Subsection A(2).
(a) 
A construction site on which one or more land disturbing construction activities occurs, 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 long-range planning document that describes separate construction projects, such as a twenty-year transportation improvement plan, is not a common plan of development.
(b) 
Notwithstanding the applicability requirements in Subsection A(1)(a), this chapter applies to construction sites of any size that, in the opinion of the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
(2) 
This chapter does not apply to the following:
(a) 
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
(b) 
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 Title 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
(c) 
Nonpoint discharges from agricultural facilities and practices.
(d) 
Nonpoint discharges from silviculture activities.
(e) 
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.
B. 
Jurisdiction. This chapter applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the City of Burlington, as well as the extraterritorial division of land subject to an ordinance enacted pursuant to § 236.45(2) and (3), Wis. Stats.
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.

§ 148-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of Burlington to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning in § 281.16(1), Wis. Stats.
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 office of the City Engineer 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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building sites of one 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 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.
FINAL STABILIZATION
That 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.
GOVERNING BODY
Town board of supervisors, county board of supervisors, City Council, village board of trustees or village council.
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
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with § 148-5 of this chapter.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the City Engineer 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.
POLLUTION
Has the meaning given in § 281.01(10), 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 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 City Engineer 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.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

§ 148-5.1 Applicability of maximum extent practicable.

Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the City Engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

§ 148-6 Technical standards.

A. 
Design criteria, standards and specifications.
(1) 
All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:
(a) 
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, latest revision.
(b) 
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.
(c) 
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.
(2) 
Note to users: The USLE, and its successors RUSLE and RUSLE2, utilize an R factor which has been developed to estimate annual soil erosion, averaged over extended time periods. The R factor can be modified to estimate monthly and single-storm erosion. A design storm can be statistically calculated to provide an equivalent R factor as an average annual calculation.
B. 
Other standards. Other technical standards not identified or developed in Subsection A may be used, provided that the methods have been approved by the City Engineer.

§ 148-7 Performance standards for construction sites under one acre.

A. 
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 148-10, that incorporates the requirements of this section.
(1) 
The deposition of soil from being tracked onto streets by vehicles.
(2) 
The discharge of sediment from disturbed areas into on-site storm water inlets.
(3) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(4) 
The discharge of sediment from drainageways that flow off the site.
(5) 
The discharge of sediment by dewatering activities.
(6) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(7) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period.
(8) 
However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
B. 
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
(1) 
Note to users: Regional treatment facilities are appropriate for control of post-construction pollutants and they shall not be used for construction site sediment removal.
C. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
D. 
Alternate requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that an added level of protection is needed for sensitive resources.

§ 148-8 Performance standards for construction sites of one acre or more.

A. 
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 148-10, that incorporates the requirements of this section.
B. 
Plan. A written plan shall be developed in accordance with § 148-10, and implemented for each construction site. Note to users: The written plan may be that specified within § NR 216.46, Wis. Adm. Code, the erosion control portion of a construction plan or other plan.
C. 
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1) 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(a) 
Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
(b) 
Prevent the discharge of sediment as part of site dewatering.
(c) 
Protect the separate storm drain inlet structure from receiving sediment.
(d) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(e) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of sediment from erosive flows at outlets and in downstream channels.
(h) 
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
(2) 
The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
D. 
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(1) 
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
(2) 
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
(3) 
Notwithstanding Subsection D(1), BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
E. 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
(1) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(2) 
Minimization of soil compaction and preservation of topsoil.
(3) 
Minimization of land disturbing construction activity on slopes of 20% or more.
(4) 
Development of spill prevention and response procedures.
F. 
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
(1) 
Note to users: Regional treatment facilities are appropriate for control of post-construction pollutants and they shall not be used for construction site sediment removal.
G. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 148-8B.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
H. 
Alternate requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that an added level of protection is needed for sensitive resources.

§ 148-9 Permit requirements; application procedures; fees.

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 City Engineer.
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 § 148-10 and shall pay an application fee as determined on the permit application form to the City of Burlington Building Inspector. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan. Fees will double for any land disturbance activities requiring a permit beginning prior to receiving a permit.
C. 
Review and approval of permit application. The City Engineer shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
(1) 
Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the City Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(2) 
If the permit application and plan are approved, the City Engineer shall issue the permit.
(3) 
If the permit application or plan is disapproved, the City Engineer shall state in writing the reasons for disapproval.
(4) 
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer 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.
(a) 
Failure by the City Engineer to inform the permit applicant of a decision within 10 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D. 
Surety bond. As a condition of approval and issuance of the permit, the City Engineer 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.
E. 
Permit requirements. All permits shall require the responsible party to:
(1) 
Notify the City Engineer within 48 hours of commencing any land-disturbing construction activity.
(2) 
Notify the City Engineer of completion of any BMPs within 14 days after their installation.
(3) 
Obtain permission in writing from the City Engineer prior to any modification pursuant to § 148-10C of the erosion and sediment control plan.
(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) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site erosion control log.
(7) 
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.
(8) 
Allow the City Engineer 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.
F. 
Permit conditions. Permits issued under this section may include conditions established by the City Engineer in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 148-8.
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 City Engineer may extend the period one or more times for up to an additional 180 days. The City Engineer may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
H. 
Maintenance and removal. 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. The responsible party shall remove all erosion control devices upon stabilization of disturbed areas. Minor restoration may be required within areas of BMP removal at the responsible parties' costs.

§ 148-10 Erosion and sediment control plan; statement; amendments.

A. 
Erosion and sediment control plan.
(1) 
An erosion and sediment control plan shall be prepared and submitted to the City Engineer.
(2) 
The erosion and sediment control plan shall be designed to meet the performance standards in §§ 148-7 and Ch. 148-8 and other requirements of this chapter.
(3) 
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
(a) 
The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
(b) 
Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map.
(c) 
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(d) 
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
(e) 
Calculations to show the compliance with the performance standard in, § 148-8D(1).
(f) 
Existing data describing the surface soil as well as subsoils.
(g) 
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
(h) 
Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.
(4) 
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed two feet.
(a) 
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified one-hundred-year floodplains, flood fringes and floodways shall also be shown.
(b) 
Boundaries of the construction site.
(c) 
Drainage patterns and approximate slopes anticipated after major grading activities.
(d) 
Areas of soil disturbance.
(e) 
Location of major structural and nonstructural controls identified in the plan.
(f) 
Location of areas where stabilization practices will be employed.
(g) 
Areas which will be vegetated following construction.
(h) 
Area extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
(i) 
Locations of all surface waters and wetlands within one mile of the construction site.
(j) 
An alphanumeric or equivalent grid overlying the entire construction site map.
(5) 
Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:
(a) 
Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
(b) 
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer, structural measures shall be installed on upland soils.
(c) 
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
(d) 
Trapping of sediment in channelized flow.
(e) 
Staging construction to limit bare areas subject to erosion.
(f) 
Protection of downslope drainage inlets where they occur.
(g) 
Minimization of tracking at all sites.
(h) 
Cleanup of off-site sediment deposits.
(i) 
Proper disposal of building and waste materials at all sites.
(j) 
Stabilization of drainageways.
(k) 
Control of soil erosion from dirt stockpiles.
(l) 
Installation of permanent stabilization practices as soon as possible after final grading.
(m) 
Minimization of dust to the maximum extent practicable.
(6) 
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
(a) 
Note to users: The plan requirements of this subsection will meet the erosion control plan requirements of § NR 216-46, Wis. Adm. Code, when prepared in accordance with good engineering practices and the design criteria, standards and specifications outlined in the Wisconsin Construction Site Best Management Practice Handbook (WDNR Pub. WR-222 November 1993 Revision).
B. 
Erosion and sediment control plan statement. For each construction site identified under § 148-4A(1), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the chapter, including the site development schedule.
C. 
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 City Engineer notifies the applicant of changes needed in the plan.

§ 148-11 Fee schedule.

The fees referred to in other sections of this chapter shall be established by the City Administrator and may from time to time be modified by resolution. A schedule of the fees established by the City Administrator shall be available for review with the Building Inspector at City Hall.

§ 148-12 Inspection.

If land-disturbing construction activities are being carried out without a permit required by this chapter, the City Engineer may enter the land pursuant to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.

§ 148-13 Enforcement; violations for penalties.

A. 
Stop-work order; inspection.
(1) 
The City Engineer may post a stop-work order if any of the following occurs:
(a) 
Any land-disturbing construction activity regulated under this chapter is being undertaken without a permit.
(b) 
The erosion and sediment control plan is not being implemented in a good-faith manner.
(c) 
The conditions of the permit are not being met.
(2) 
Note to users: The City Engineer shall inspect any construction site that holds a permit under this chapter at least once a month during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan.
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 City Engineer may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
D. 
The City Engineer, or the Board of Appeals may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The City Engineer 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 City Engineer, plus interest at the rate authorized by the City of Burlington, 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 Sub Ch. VII of Ch. 66, Wis. Stats.
F. 
Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $10 nor more than $500 and the costs of prosecution for each violation. 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 injunctional proceedings. Note to users: lnjunctional orders are authorized pursuant to § 59.69(11), 61.35, or 62.23(8), Wis. Stats., for counties, villages and towns with village powers, and cities respectively.

§ 148-14 Appeals.

A. 
Board of Appeals. The Board of Appeals created pursuant to § 6-3 of the City's Ordinances pursuant to § 62.23(7)(e), 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 City Engineer in administering this chapter except for cease-and-desist orders obtained under § 148-13C.
(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 Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Burlington affected by any decision of the City Engineer.

§ 148-15 Severability.

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.