[HISTORY: Adopted by the Common Council of the City of Lodi 5-4-2010 by Ord. No. A-410. Amendments noted where applicable.]
Public works projects — See Ch. 83.
Building construction — See Ch. 127.
Drainage — See Ch. 162.
Floodplain zoning — See Ch. 184.
Streets and sidewalks — See Ch. 295.
Subdivision of land — See Ch. 300.
Editor's Note: This ordinance also repealed former Ch. 147, Construction Site Erosion Control, adopted as Ch. 35 of the City Code.
This chapter is adopted under the authority granted by § 62.234, Wis. Stats.
The Lodi City Council hereby designates the Building Inspector to administer and enforce the provisions of this chapter. In his or her absence, the Public Works Director shall be designated.
The Building Inspector shall work or consult with the City Engineer as indicated in this chapter.
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by the following:
The Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
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 the following land development or land-disturbing activities:
Those sites involving grading, the removal of protective ground cover or vegetation, excavation, land-filling or other land-disturbing activity affecting a land surface area of 4,000 square feet or more.
Those sites involving the construction of buildings or other improvements on lots of approved certified surveys, land division plats or subdivision plats, or on any other parcel of land.
Those sites 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.
Those sites involving any street, highway, road, or bridge construction, enlargement, relocation or reconstruction.
Those sites involving the inspecting, laying, repairing, replacing or enlarging of an underground pipe, cable or other facility for a distance of 300 feet or more.
Those sites involving the changing, enlargement, dredging or other alteration to any watercourse.
Those other situations where, in the sole discretion of the Building Inspector, it is determined that erosion is likely to occur unless control measures are taken.
Not withstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the Building Inspector, 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 private or public property or public safety.
This chapter does not apply to the following:
Land-disturbing construction activity that includes the construction of a building and is otherwise regulated by the Department of Safety and Professional Services under §§ SPS 321.125 or SPS 360, Wis. Adm. Code.
[Amended 4-2-2013 by Ord. No. A-446]
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 chapter 40, Code of Federal Regulations, part 122, for land-disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Routine maintenance for project sites under 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
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.
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.
- AGRICULTURAL FACILITIES AND PRACTICES
- Has the meaning in § 281.16(1), Wis. Stats.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical.
- 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.
- 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.
- 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.
- GOVERNING BODY
- City of Lodi Common 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
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(18), Wis. Stats.
Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, November 1993 revision.
Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
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.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 147-10, that incorporates the requirements of this section.
Plan. A written plan shall be developed in accordance with § 147-10 and implemented for each construction site.
Erosion and other pollutant control requirements. The plan required under Subsection A shall include the following:
BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls until the construction site has undergone final stabilization. No person shall be required to exceed an eighty-percent sediment reduction to meet the requirements of this subsection. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land-disturbing construction activity, or other appropriate mechanism.
Notwithstanding Subsection C(1), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation as to why the eighty-percent reduction goal is not attainable, and the sediment load shall be reduced to the maximum extent practicable.
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
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.
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
Alternate requirements. The Building Inspector or City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the Building Inspector or City Engineer determines that an added level of protection is needed for sensitive resources.
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.
Permit application and fees. The responsible party undertaking a land-disturbing construction activity subject to this chapter shall submit an application for a permit, an erosion and sediment control plan that meets the requirements § 147-10 and pay an application fee.
Review and approval of permit application. The Building Inspector shall review any permit application that is submitted with an erosion and sediment control plan. The following approval procedure shall be used:
Within 30 business days of the receipt of a complete permit application, as required by Subsection A, the Building Inspector shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
If the permit application or plan is disapproved, the Building Inspector shall state in writing the reasons for disapproval.
The Building Inspector may request additional information from the applicant. If additional information is submitted, the Building Inspector shall have 30 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Failure by the Building Inspector to inform the permit applicant of a decision within 30 business days of a required submittal shall not be deemed to mean approval of the submittal, and the applicant may not proceed as if a permit had been issued.
Surety bond. As a condition of approval and issuance of the permit, the City 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.
Permit requirements. All permits shall require the responsible party to:
Notify the Building Inspector within 48 hours of commencing any land-disturbing construction activity.
Notify the Building Inspector of completion of any BMPs within 14 days of their installation.
Obtain permission in writing from the Building Inspector prior to any modification pursuant to § 147-10C of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
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.
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.
Permit duration. Permits issued under this section shall be valid for one year. The Building Inspector may extend the period one or more times for up to one year. The Building Inspector may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter.
Erosion and sediment control plan.
An erosion and sediment control plan shall be prepared and submitted to the Building Inspector.
The erosion and sediment control plan shall be designed to meet the performance standards in § 147-8 and other requirements of this chapter.
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 name and address 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.
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.
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.
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
Existing data describing the surface soil as well as subsoils.
Depth to groundwater, as indicated by Natural Resources Conservation Service.
Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.
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 five feet:
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.
Boundaries of the construction site.
Drainage patterns and approximate slopes anticipated after major grading activities.
Areas of soil disturbance.
Location of major structural and nonstructural controls identified in the plan.
Location of areas where stabilization practices will be employed.
Areas which will be vegetated following construction.
Aerial extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
Locations of all surface waters and wetlands within one mile of the construction site.
An alphanumeric or equivalent grid overlying the entire construction site map.
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:
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.
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 Building Inspector, structural measures shall be installed on upland soils.
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
Trapping of sediment in channelized flow.
Staging construction to limit bare areas subject to erosion.
Protection of downslope drainage inlets where they occur.
Minimization of tracking at all sites.
Cleanup of off-site sediment deposits.
Proper disposal of building and waste materials at all sites.
Stabilization of drainageways.
Control of soil erosion from dirt stockpiles.
Installation of permanent stabilization practices as soon as possible after final grading.
Minimization of dust to the maximum extent practicable.
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.
Erosion and sediment control plan statement. For each construction site identified under § 147-4B, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Building Inspector. 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 this chapter, including the site development schedule.
Amendments. The applicant shall amend the plan if any of the following occur:
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.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The Building Inspector or City Engineer notifies the applicant of changes needed in the plan.
Required fees shall be set by the Lodi Common Council by resolution and be paid at the time of application.
The Building Inspector and other duly authorized employees of the City or private contractors under contract with the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The Building Inspector and other duly authorized employees of the City or private contractors under contract with the City bearing proper credentials and identification shall be permitted to enter all properties through which the City holds a duly negotiated easement for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
If the Building Inspector or his/her designee has been refused access to any part of the premises from which stormwater is discharged and the Building Inspector and his/her designee have cause to believe that there is a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, the Building Inspector, or his/her designee, may seek issuance of a warrant from a court of competent jurisdiction.
The Building Inspector may post a stop-work order if any of the following occurs:
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 Building Inspector may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Building Inspector, or if a responsible party violates a stop-work order posted under Subsection A, the Building Inspector may request the City Attorney to obtain a cease and desist order, or seek other enforcement measures, in any court with jurisdiction.
After posting a stop-work order under Subsection A, the Building Inspector may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Building Inspector 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 Building Inspector, plus interest at the rate authorized by the City Council, shall be billed to the responsible party as a special charge. 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 it as a special charge against the property, as specified in § 66.0703, Wis. Stats.
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.
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.
The Board of Appeals created pursuant to § 340-113A of the Code of the City of Lodi:
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the administration of this chapter except for cease and desist orders obtained under § 147-13.
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by any office, department, board or bureau of the City affected by any order, requirement, decision, or determination of the administrating authority or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The administrating authority or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
The final disposition of an appeal before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction.
A copy of such decision shall be mailed to the parties in interest.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law, and the City may seek cumulative remedies.
The City of Lodi may recover in full attorneys' fees, court costs, and other expenses associated with enforcement of this chapter.