[Prior code § 14.10.1; amended by Ord. 217, 2002]
The ordinance codified in this chapter is adopted under the
authority granted by Wisconsin State Statute 61.354.
[Prior code § 14.10.2; amended by Ord. 217, 2002]
A.
Findings. The Village Board finds runoff from construction sites
carries a significant amount of sediment and other pollutants to the
waters of the state and this Village.
B.
Purpose. It is the purpose of this chapter to preserve the natural
resources; to protect the quality of the water of the state and the
Village; and to protect and promote the health, safety and welfare
of the people, to the extent practicable by minimizing the amount
of sediment and other pollutants carried by runoff or discharged from
construction sites to lakes, streams and wetlands.
[Prior code § 14.10.3; amended by Ord. 217, 2002]
This chapter applies to land-disturbing and land-developing
activities on lands within the boundaries and jurisdiction of the
Village and optionally, the public and private lands subject to extraterritorial
review under the Wisconsin State Statutes. All state funded or conducted
construction is exempt from this chapter. Note: State-funded or conducted
construction activities must meet the requirements contained in the
"State Plan for Control of Construction Erosion and Stormwater Runoff"
which contains similar requirements as contained in this chapter.
[Prior code § 14.10.4; amended by Ord. 217, 2002]
As used in this chapter:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
Use of land for the retail or wholesale of goods or services.
A control measure used to meet the requirements of Section 15.20.050.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this chapter submitted by the applicant for review
and approval by the Building Inspector.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any manmade change of the land surface including removing
vegetative cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
The rainfall, snowmelt or irrigation water flowing over the
ground surface.
The following rain intensities and rain volumes or corresponding
values specific to the community for the storm durations of 0.5, 1,
2, 3, 6, 12 and 24 hours that occur approximately once per year. Note:
The following are typical characteristics of these one year storms
for most of Wisconsin:
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1
|
1.1
|
1.1
|
|
2
|
0.7
|
1.3
|
|
3
|
0.5
|
1.5
|
|
6
|
0.3
|
1.7
|
|
12
|
0.2
|
2.0
|
|
24
|
0.1
|
2.3
|
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
[Prior code § 14.10.5; amended by Ord. 217, 2002]
All control measures required to comply with this chapter shall
meet the design criteria, standards and specifications identified
by the Building Inspector.
All sedimentation basins and other control measures necessary
to meet the requirements of this chapter shall be maintained by the
applicant or subsequent landowner during the period of land disturbance
and land development of the site in a satisfactory manner to ensure
adequate performance and to prevent nuisance conditions.
[Prior code § 14.10.7; amended by Ord. 217, 2002]
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
1.
Those requiring a subdivision plat approval or the construction of
houses or commercial, industrial or institutional building on lots
of approved subdivision plats;
2.
Those requiring a certified survey approval or the construction of
houses or commercial, industrial or institutional buildings on lots
of approved certified surveys;
3.
Those involving grading, removal or protective ground cover or vegetation,
excavation, land filling or other land disturbing activity affecting
a surface area of 4,000 square feet or more;
4.
Those involving excavation or filling or a combination of excavation
and filling affecting 400 cubic yards or more of dirt, sand or other
excavation or fill material;
5.
Those involving street, highway, road or bridge construction, enlargements,
relocation or reconstruction;
6.
Those involving the laying, repairing, replacing or enlarging of
an underground pipe or facility for a distance of 300 feet or more.
|
Note: The above criteria were prepared by the state legislature
and are specifically stated in the Wisconsin Statutes. Utility companies
responsible for emergency work should enter into a memorandum of agreement
with the Building Inspector clearly stating their responsibilities
if their activities may be included under any of the above applicability
criteria.
|
B.
Erosion and Other Pollutant Control Requirements. The following requirements shall be met on all sides described in Subsection A of this section.
1.
Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers,
hydrocyclones, swirl concentrators, or other appropriate controls
designed and used to remove particles of 100 microns or greater for
the highest dewatering pumping rate. If the water is demonstrated
to have no particles greater than 100 microns during dewatering operation,
then no control is needed before the discharge, except as determined
by the Building Inspector. Water may not be discharged in a manner
that causes erosion of the site or receiving channels.
Note: There are many ways to meet this particle size performance
objective, depending on the pumping rate. As an example, if the pumping
rate is very low (one gal/min.), then an inclined or vertical enlarged
pipe (about eight inches in diameter for one gal/min.) several feet
long would be an adequate control device to restrict the discharge
of 100 microns, and larger, particles. As the pumping rate increases,
then the "device" must be enlarged. At a moderate 100 gal/min.) pumping
rate, a vertical section of corrugated steel pipe, or concrete pipe
sections, or other small "tank" (about 4 1/2 feet across for
a 100 gal/min. pumping rate) several feet tall would be adequate.
With these pipe sections or small tanks, inlet baffles would be needed
to minimize turbulence. With very large pumping rates 10,000 gal/min.),
sediment basins (about 35 feet in diameter for a pumping rate of 10,000
gal/min.) at least three feet in depth with a simple (but adequately
sized) pipe outlet would be needed. More sophisticated control devices
(such as swirl concentrators or hydro-cyclones) could be specially
fabricated that would generally be smaller than the simple sedimentation
devices described above, but they would not be required.
The performance standard of 100 micron maximum particles in
the dewatering at the maximum pumping rate significantly reduces the
liability of the contractor when compared to a standard of no visible
particulate matter. If a properly sized device is correctly used,
based on the 100 micron particle size performance standard, then discharges
of visible particulate matter would not constitute a violation. It
is not possible to design a control device that would insure no visible
particulate matter discharges. This 100 micron standard is intended
to significantly reduce sedimentation problems in down-stream drainage
systems and in the receiving waters that are caused by large particles.
Visible particulate matter will probably still occur in water meeting
this standard, as most turbidity effects are caused by very small
particles that usually do not cause as severe of a sedimentation problem
as larger particles. This 100 micron particle size performance standards
was therefore selected to be easily met and enforced, and to reduce
sedimentation problems. A no visible particulate matter standard in
contrast could not be met easily or cheaply, violations would frequently
occur, and inspectors would have to make frequent site visits and
require frequent control device changes. In addition, particle size
measurements would not be required to prove compliance with the 100
micron performance standard. Only the proper use of a device designed
to meet this particle size criteria is needed. However, if a contractor
or site engineer feels that the dewatering water does not contain
any particles larger than 100 microns, no control device would be
needed if optional frequent particle size analysis confirm that fact.
In most cases, the use of the simple control devices described previously
would be less expensive and less bothersome than performing frequent
particle size analysis.
2.
Waste and Material Disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials) shall be properly disposed and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
3.
Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of each workday.
4.
Drain Inlet Protection. All storm drain inlets shall be protected
with a straw bale, filter fabric, or equivalent barrier meeting accepted
design criteria, standards and specifications.
5.
Site Erosion Control. The following criteria apply only to land development
or land disturbing activities that result in runoff leaving the site:
a.
Channelized runoff from adjacent areas passing through the site
shall be diverted around disturbed areas, if practical. Otherwise,
the channel shall be protected as described in Subsection (B)(5)(c)
of this section. Sheetflow runoff from adjacent areas greater than
10,000 square feet in area shall also be diverted around disturbed
areas, unless shown to have resultant runoff velocities of less than
0.5 feet/second across the disturbed area for the set of one year
design storms. Diverted runoff shall be conveyed in a manner that
will not erode the conveyance and receiving channels.
b.
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
c.
Runoff from the entire disturbed area on the site shall be controlled
by meeting either Subsection (C)(1) and (2) or (C)(1) and (3) of this
section.
i.
All disturbed ground left inactive for seven or more days shall
be stabilized by seeding or sodding (only available prior to September
15th) or by mulching or covering, or other equivalent control measure.
ii.
For sites with more than 10 acres disturbed at one time, or
if a channel originates in the disturbed area, one or more sedimentation
basins shall be constructed. Each sedimentation basin shall have a
surface area of at least one percent of the area draining to the basin
and at least three feet of depth and constructed in accordance with
accepted design specifications. Sediment shall be removed to maintain
a depth of three feet. The basin shall be designed to trap sediment
greater than 15 microns in size, bases on the set of one-year design
storms having durations from 0.5 to 24 hours. The basin discharge
rate shall also be sufficiently low as to not cause erosion along
the discharge channel or the receiving water.
iii.
For sites with less than 10 acres disturbed at one time, filter
fences, straw bales or equivalent control measures shall be placed
along all sideslope and downslope sides of the site. If a channel
or area of concentrated runoff passes through the site, filter fences
shall be placed along the channel edges to reduce sediment reaching
the channel.
d.
Any soil or dirt storage piles containing more than ten cubic
yards of material should not be located with a downslope drainage
length of less than 25 feet to a roadway or drainage channel. If remaining
for more than seven days, they shall be stabilized by mulching vegetative
cover, tarps or other means. Erosion from piles which will be in existence
for less than seven days shall be controlled by placing straw bales
or filter fence barrier around the pile. In-street utility repair
or construction soil or dirt storage piles located closer than 25
feet of a roadway or drainage channel must be covered with tarps or
suitable alternative control, if exposed for more than seven days,
and the stormdrain inlets must be protected with straw bales or other
appropriate filtering barriers.
[Prior code § 14.10.81; amended by Ord. 217, 2002]
No landowner or land user may commence a land disturbance or
land development activity subject to this code without receiving prior
approval or submitting a control plan for the site and receiving a
permit from the Building Inspector. At least one landowner or land
user controlling or using the site and desiring to undertake a land
disturbing or land developing activity subject to this code shall
submit an application for a permit and control plan and pay an application
fee to the Building Inspector. By submitting an application, the applicant
is authorizing the Building Inspector to enter the site to obtain
information required for the review of the control plan.
A.
Content of the Control Plan for Land Disturbing Activities Covering
One Acre or More.
1.
Existing Site Map. A map of existing site conditions on a scale of
at least one inch equals 100 feet showing the site and immediately
adjacent areas:
a.
Site boundaries and adjacent lands which accurately identify
site location;
b.
Lakes, streams, wetlands, channels, ditches and other water
courses on and immediately adjacent to the site. NOTE: The Village
should identify sensitive local waters that may need to be further
addressed by the control plan;
c.
One-hundred year floodplains, flood fringes and floodways;
d.
Location of the predominant soil types;
e.
Vegetative cover;
f.
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
g.
Locations and dimensions of utilities, structures, roads, highways,
and paving;
h.
Site topography at a contour interval not to exceed five feet.
2.
Plan of Final Site Conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes.
3.
Site Construction Plan. A site construction plan including:
a.
Location and dimensions of all proposed land disturbing activities;
b.
Locations and dimensions of all temporary soil or dirt stockpiles;
c.
Location and dimensions of all construction site management
control measures necessary to meet the requirements of this code;
d.
Schedule of anticipated starting and completion date of each
land disturbing or land developing activity including the installation
of construction site control measures needed to meet the requirements
of this code; and
e.
Provisions for maintenance of the construction site control
measures during construction.
B.
Content of Control Plan Statement for Land Disturbing Activities
Covering Less Than One Acre, but Meeting the Applicability Requirements
Stated in Section 15.20.070(A). An erosion control plan statement
with a simple map, shall be submitted to briefly describe the site
and erosion controls, including the site development schedule, that
will be used to meet the requirements of this code.
C.
Review of Control Plan. Within 45 days of receipt of the application,
control plan or control plan statement and fee, the Building Inspector
shall review the application and control plan to determine if the
requirements of this chapter are met. The Building Inspector may request
comments from other departments or agencies. If the requirements of
this code are met, the Building Inspector shall approve the plan,
inform the applicant and issue a permit. If the conditions are not
met, the Building Inspector shall inform the applicant in writing
and may either require needed information or disapprove the plan.
Within 30 days of receipt needed information, the Building Inspector
shall again determine if the plan meets the requirement of this code.
If the plan is disapproved, the Building Inspector shall inform the
applicant in writing of the reasons for the disapproval.
D.
Permits.
1.
Duration. Permits shall be valid for a period of 180 days from the
date of issuance. The Building Inspector may extend the period one
or more times for up to an additional 180 days. The Building Inspector
may require additional control measures as a condition of the extension
if they are necessary to meet the requirements of this code.
2.
Surety Bond. As a condition of approval and issuance of the permit,
the Building Inspector may require the applicant to deposit a surety
bond or irrevocable letter of credit to guarantee a good faith execution
of the approved control plan and any permit conditions.
3.
Permit Conditions. All permits shall require the permittee to:
a.
Notify the Building Inspector within 48 hours of commencing
any land disturbing activity;
b.
Notify the Building Inspector of completion of any control measures
within 14 days after their installation;
c.
Obtain permission in writing from the Building Inspector prior
to modifying the control plan;
d.
Install all control measures as identified in the approved control
plan;
e.
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan;
f.
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities;
g.
Inspect the construction control measures after each rain of
0.5 inches or more and at least once each week and make needed repairs;
h.
Allow the Building Inspector to enter the site for the purpose
of inspecting compliance with the control plan or for performing any
work necessary to bring the site into compliance with the control
plan; and
i.
Keep a copy of the control plan on the site.
[Prior code § 14.10.9; amended by Ord. 217, 2002]
The Building Inspector shall inspect construction sites at least
once a month during the period starting March 1st and ending October
31st and at least two times during the period starting November 1st
and ending February 28th to ensure compliance with the control plan.
If land disturbing or land development activities are being carried
out without a permit, the Building Inspector shall enter the land
pursuant to the provision of the Wisconsin State Statutes.
[Prior code § 14.10.10; amended by Ord. 217, 2002]
B.
If the permittee does not cease the activity or comply with the control
plan or permit conditions within 10 days, the Building Inspector may
revoke the permit.
C.
If the landowner or land user where no permit has been issued does
not cease the activity, the Building Inspector may request the Village
attorney to obtain a cease and desist order.
D.
The Building Inspector or the Board of Appeals may retract the stop-work
order or the revocation.
E.
Ten days after posting a stop-work order, the Building Inspector
may issue a notice of intent to the permittee or landowner or land
user of the Building Inspector's intent to perform work necessary
to comply with this code. The Building Inspector may go on the land
and commence the work after 14 days from issuing the notice of intent.
The costs of the work performed by the Building Inspector plus interest
at the rate authorized by the Village Board shall be billed to the
permittee or the landowner. In the event a permittee or landowner
fail 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 Section 66.60(16) of the Wisconsin State Statutes.
F.
Any person violating any of the provisions of this chapter shall be subject to a forfeiture per Chapter 1.08 of this code.
G.
Compliance with the provisions of this chapter may also be enforced
by injunction.
