This article shall be known as the "Construction
Site Erosion Control Ordinance" and may be referred to herein as "this
article."
This article applies to land disturbing construction
activity on construction sites located within the municipal boundaries
of the Village of East Troy.
The Village Board finds that runoff from land
disturbing construction activities can carry sediment and other pollutants
to the waters of the state in the Village of East Troy.
This article is intended 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 Village of East Troy.
Except as specifically provided in this article,
all land disturbing construction activities must be performed in compliance
with a permit issued by the Village Engineer.
The Village of East Troy and its officials,
agencies, employees, agents, and assigns shall not be liable for any
damage or loss of property value that may occur as a result of reliance
upon and conformance with this article.
The following terms used in this article shall
have the meanings indicated:
BEST MANAGEMENT PRACTICE (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 Village 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. (Also
see "stop-work order.")
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.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice, or gravity.
FINAL STABILIZATION
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
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.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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.
Maximum extent practicable (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 Village Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
POLLUTANT
The meaning given in § 283.01(13), Wis. Stats.
POLLUTION
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 article 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 Village Engineer that requires that
all construction activity on the site be stopped. (Also see "cease
and desist order.")
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation, and maintenance specifications for a material, device,
or method.
By submitting an application, the applicant
is authorizing the Village Engineer to enter the site to obtain information
required for the review of the erosion and sediment control plan.
Further, issuance of a permit under the authority of this article
authorizes the Village Engineer to enter the site to ensure compliance
with the same.
In addition to the requirements set forth in this article, the Village Engineer may impose one or more conditions of approval when needed to assure compliance with the performance standards in §
483-11 of this article.
As a condition of approval and issuance of the
permit, the Village Engineer may require the applicant to provide
a surety bond, an irrevocable letter of credit, or other acceptable
financial guarantee in an amount deemed appropriate by the Village
Engineer to ensure execution of the approved erosion control plan
and any permit conditions.
If the Village Engineer approves an erosion
and sediment control plan, the responsible party shall comply with
each of the following requirements:
A. Keep a copy of the erosion and sediment control plan
at the construction site.
B. Notify the Village Engineer within 48 hours of commencing
any land disturbing construction activity.
C. Install all best management practices as identified
in the approved erosion and sediment control plan and maintain them
throughout the duration of the construction activities until the site
has undergone final stabilization.
D. Notify the Village Engineer of completion of any best
management practices within 14 calendar days after their installation.
E. Maintain all road drainage systems, stormwater drainage
systems, best management practices, and other facilities identified
in the erosion and sediment control plan.
F. Notify the Village Engineer if 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.
G. Notify the Village Engineer if the actions required
by the plan do not adequately reduce the impacts of pollutants carried
by construction site runoff.
H. Obtain permission in writing from the Village Engineer
prior to any modification of an approved erosion and sediment control
plan.
I. 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.
J. Inspect any best management practices 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.
K. Allow the Village 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.
A permit issued under this article shall be
valid for a period of 180 calendar days, or the length of the building
permit or other approval, whichever is longer, from the date of issuance.
The Village Engineer may extend the period one or more times for up
to an additional 180 calendar days. The Village Engineer may require
additional BMPs as a condition of the extension if they are necessary
to meet the requirements of this article.
The responsible party shall work with the Village
Engineer to amend an approved plan if:
A. 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;
B. The actions
required by the plan fail to reduce the impacts of pollutants carried
by construction site runoff; or
C. The Village
Engineer notifies the applicant of changes needed in the plan.
The Village Engineer should inspect a construction
site that holds a permit under this article 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 erosion and sediment control
plan. Failure of the Village Engineer to conduct such inspections
shall not invalidate any enforcement proceeding.
It is the responsibility of those undertaking
development projects within the Village to obtain all applicable permits
and other approvals as may be required by the Village of East Troy,
Walworth County, and federal and state authorities as may be required.
The Zoning Board of Appeals established under Chapter
510, Zoning, of this Code shall hear and decide administrative appeals where it is alleged that there is error in any order, decision, or determination made by the Village Engineer in administering this article, except for cease and desist orders obtained under §
483-26 of this article. The procedures and requirements established in Chapter
510 shall apply.
The Zoning Board of Appeals established under Chapter
510, Zoning, of this Code shall hear and decide variances. The procedures and requirements established in Chapter
510 shall apply, except that in making its decision the Board shall only grant a variance if the requested variance is not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the article will likely result in an unnecessary hardship.
This article shall be known as the "Post-Construction
Stormwater Management Ordinance" and may be referred to herein as
"this article."
This article applies to all lands located within
the municipal boundaries of the Village of East Troy, the boundaries
of which may change through annexations and/or detachments.
The Village Board finds that uncontrolled post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A. Degrade physical stream habitat by increasing stream
bank erosion, increasing streambed scour, diminishing groundwater
recharge, diminishing stream base flows and increasing stream temperature;
B. Diminish the capacity of lakes and streams to support
fish, aquatic life, and recreational and water supply uses by increasing
pollutant loading of sediment, suspended solids, nutrients, heavy
metals, bacteria, pathogens and other urban pollutants;
C. Alter wetland communities by changing wetland hydrology
and by increasing pollutant loads;
D. Reduce the quality of groundwater by increasing pollutant
loading;
E. Threaten public health, safety, property and general
welfare by overtaxing storm sewers, drainageways, and other minor
drainage facilities;
F. Threaten public health, safety, property and general
welfare by increasing major flood peaks and volumes; and
G. Undermine floodplain management efforts by increasing
the incidence and levels of flooding.
No responsible party may undertake a land disturbing
construction activity without receiving a post-construction runoff
permit from the Village Engineer prior to commencing the proposed
activity.
The Village of East Troy and its officials,
agencies, employees, agents, and assigns shall not be liable for any
damage or loss of property value that may occur as a result of reliance
upon and conformance with this article.
As used in this article, the following terms
shall have the meanings indicated:
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of the Village 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.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIVISION OF LAND
A division of a lot, parcel, or tract of land by the owner
or the owner's agent, for any purpose, including sale or development.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
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
All land disturbing construction activities at the construction
site have been completed and a uniform, perennial, vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the Village of
East Troy by the responsible party to assure that the requirements
of this article are carried out in compliance with the stormwater
management plan.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
INFILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The entry of precipitation or runoff into or through the
soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices, such as swales or roadside channels, designed for
conveyance and pollutant removal only.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
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.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE (MEP)
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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.
Maximum extent practicable (MEP) allows flexibility in the way to
meet the performance standards and may vary based on the performance
standard and site conditions.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
OFF SITE
Located outside the property boundary described in the permit
application.
ON SITE
Located within the property boundary described in the permit
application.
PERCENT FINES
The percentage of a given sample of soil which passes through
a No. 200 sieve. [Percent fines can be determined using the American
Society for Testing and Materials, Volume 04.02, Test Method C117-95,
Standard Test Method for Materials Finer than 75-µm (No. 200)
Sieve in Mineral Aggregates by Washing. Copies can be obtained by
contacting the American Society for Testing and Materials, 100 Barr
Harbor Drive, Conshohocken, PA 19428-2959, or phone 610-832-9585,
or online at http://www.astm.org.]
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Village Engineer to the
applicant to conduct land disturbing construction activity or to discharge
post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the Village Engineer by the permit
applicant for the purpose of recouping the expenses incurred by the
Village in administering the permit.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation
that falls on it. Lawns, gardens, parks, forests or other similar
vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
The meaning given in § 283.01(13), Wis. Stats.
POLLUTION
The meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbing
construction activity and final site stabilization.
PRE-DEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land disturbing construction activity, assuming
that all land uses prior to development activity are managed in an
environmentally sound manner.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
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 is designed or used for
collecting water or conveying runoff, is not part of a combined sewer
system, is not draining to a stormwater treatment device or system,
and 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 occurred.
STOP-WORK ORDER
An order issued by the Village Engineer which requires that
all construction activity on the site be stopped.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
An edge, or point on the landscape, landward from the ordinary
high-water mark of a surface water of the state, where the slope of
the land begins to be less than 12% continually for at least 50 feet.
If the slope of the land is 12% or less continually for the initial
50 feet, landward from the ordinary high-water mark, the top of the
channel is the ordinary high-water mark.
TR-55
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973. The Type II curve is applicable to all of Wisconsin
and represents the most intense storm pattern.
The following methods shall be used in designing the water quality,
peak flow shaving and infiltration components of stormwater practices
needed to meet the water quality standards of this article:
A. Technical
standards identified, developed or disseminated by the Wisconsin Department
of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B. Where
technical standards have not been identified or developed by the Wisconsin
Department of Natural Resources, other technical standards may be
used, provided that the methods have been approved by the Village
Engineer.
C. In this
article, the following year and location best represent the average
annual rainfall: Milwaukee 1969 (March 28 to December 6).
A permit issued under this article shall be
valid from the date of issuance through the date the Village Engineer
notifies the responsible party that all required stormwater management
practices have passed the final inspection.
It is the responsibility of those undertaking
development projects within the Village to obtain all applicable permits
and other approvals as may be required by the Village of East Troy,
Walworth County, and federal and state authorities.
The Zoning Board of Appeals established under Chapter
510, Zoning, of this Code shall hear and decide administrative appeals where it is alleged that there is error in any order, decision, or determination made by the Village Engineer in administering this article, except for cease and desist orders obtained under §
483-49. The procedures and requirements established in Chapter
510 shall apply.
The Zoning Board of Appeals established under Chapter
510, Zoning, of this Code shall hear and decide variances. The procedures and requirements established in Chapter
510 shall apply, except that in making its decision the Board shall only grant a variance if the requested variance is not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will likely result in an unnecessary hardship.
[Added 6-4-2018 by Ord. No. 2018-05]
A. Development projects located within 10,000 feet of the East Troy
Airport, as depicted in Exhibit A, must comply with the most current version of FAA advisory
circular 150/5200-33B. Among other requirements, stormwater management
practices may not include any pond that does not drain within 48 hours.
B. Existing stormwater facilities within 10,000 feet of the East Troy
Airport that do not necessarily comply with FAA standards are allowed
to continue as set forth in the aforementioned publication.