A.
This article is adopted under the authority granted by
Wis. Stat. § 61.354. This article supersedes all provisions of any
subchapter previously enacted under Wis. Stat. § 61.35 that relate
to construction site erosion control. Except as otherwise specified in Wis.
Stat. § 61.354, Wis. Stat. § 61.35 applies to this article
and to any amendments to this article.
B.
The provisions of this article are deemed not to limit
any other lawful regulatory powers of the Village.
C.
The Village Board hereby designates the Village of Waterford
to administer and enforce the provisions of this article.
D.
The requirements of this article 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 Wis. Stat. §§ 281.16
and 283.33.
(2)
Targeted nonagricultural performance standards promulgated
in rules by the Wisconsin Department of Natural Resources under Wis. Admin.
Code s. NR 151.004.
The Village of Waterford 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 Village of Waterford.
It is the purpose of this article 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 Waterford.
A.
Applicability.
(2)
This article does not apply to the following:
(a)
Land-disturbing construction activity that includes the
construction of a building in which erosion control is regulated by the Wisconsin
Department of Commerce under Wis. Admin. Code s. Comm 21.125.
(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 Chapter 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.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, in the opinion of the Village of Waterford, are likely to carry sediment and pollutants to downstream stormwater facilities and waters of the state or which degrade safe and healthful conditions or endanger property, the environment, or downstream facilities.
B.
Jurisdiction. This article applies to land-disturbing
construction activity on construction sites located within the boundaries
and jurisdiction of the Village of Waterford.
C.
Exclusions. This article is not applicable to activities
conducted by a state agency, as defined under Wis. Stat. § 227.01(1),
but also including the office of District Attorney, which is subject to the
state plan promulgated or a memorandum of understanding entered into under
Wis. Stat. § 281.33(2).
As used in this article, the following terms shall have the meanings
indicated:
A governmental employee, or a regional planning commission empowered
under Wis. Stat. § 61.354, that is designated by the Village of
Waterford to administer this article .
Has the meaning in Wis. Stat. § 281.16(1).
A calendar year of precipitation, excluding snow, which is considered
typical.
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.
A day the office of the Village Hall is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction activity
that is being conducted without the required permit.
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.
The creation from one parcel of two or more parcels or building sites
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.
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 Village.
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.
The Village Board.
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.
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. MEP allows flexibility in the way to meet
the performance standards and may vary based on the performance standard and
site conditions.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village of Waterford 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 Wis. Stat. § 283.01(13).
Has the meaning given in Wis. Stat. § 281.01(10).
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.
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.
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.
An order issued by the Village of Waterford which requires that all
construction activity on the site be stopped.
A document that specifies design, predicted performance and operation
and maintenance specifications for a material, device or method.
Has the meaning given in Wis. Stat. § 281.01(18).
A.
Design criteria, standards and specifications. All BMPs
required to comply with this article shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Applicable design criteria, standards and specifications
as maintained by the Wisconsin Department of Natural Resources. Design criteria,
standards and specifications may be found on the Wisconsin Department of Natural
Resources internet site.
(2)
Other design guidance and technical standards identified
or developed by the Wisconsin Department of Natural Resources under Subchapter
V of Wis. Admin. Code ch. NR 151.
(3)
For this article, 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.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 250-10, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 250-10 and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1)
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.
(2)
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.
(3)
Where appropriate, the plan shall include sediment controls
to do all of the following to the maximum extent practicable:
(4)
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.
Location. The BMPs used to comply with this section shall
be located prior to runoff entering waters of the state.
E.
Alternate requirements. The Village of Waterford may
establish stormwater management requirements more stringent than those set
forth in this section if the Village of Waterford determines that an added
level of protection is needed for sensitive resources.
A.
Permit required. No responsible party may commence a
land-disturbing construction activity subject to this article without receiving
prior approval of an erosion and sediment control plan for the site and a
permit from the Village of Waterford.
B.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 250-10 and shall pay an application fee as required in § 250-11 to the Village of Waterford. By submitting an application, the applicant is authorizing the Village of Waterford to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Review and approval of permit application. The Village
of Waterford, either through its Building Inspector or its Engineer, depending
upon the type of development, 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 20 business days of the receipt of a complete permit application, as required by Subsection B, the Village of Waterford shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the
Village of Waterford shall issue the permit.
(3)
If the permit application or plan is disapproved, the
Village of Waterford shall state in writing the reasons for disapproval.
(4)
The Village of Waterford may request additional information
from the applicant. If additional information is submitted, the Village of
Waterford shall have 20 business days from the date the additional information
is received to inform the applicant that the plan is either approved or disapproved.
(5)
Failure by the Village of Waterford to inform the permit
applicant of a decision within 30 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 Village of Waterford 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 Village of Waterford within 48 hours of commencing
any land-disturbing construction activity.
(2)
Notify the Village of Waterford of completion of any
BMPs within 14 days after their installation.
(3)
Obtain permission in writing from the Village of Waterford prior to any modification pursuant to § 250-10C 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 adjacent lands
and drainage ways 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 Village of Waterford 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.
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 Village of Waterford may extend the period one or more times for up to
an additional 180 days. The Village of Waterford may require additional BMPs
as a condition of the extension if they are necessary to meet the requirements
of this article.
H.
Maintenance. The responsible party throughout the duration
of the construction activities shall maintain all BMPs necessary to meet the
requirements of this article until the site has undergone final stabilization.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared
and submitted to the Village of Waterford.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 250-8 and other requirements of this article.
(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 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)
Estimates, including calculations, if any, of the runoff
coefficient of the site before and after construction activities are completed.
(f)
Calculations to show the expected percent reduction in
the average annual sediment load carried in runoff as compared to no sediment
or erosion controls.
(g)
Existing data describing the surface soil as well as
subsoils.
(h)
Depth to groundwater, as indicated by Natural Resources
Conservation Service soil information where available.
(i)
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)
Aerial 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 Village of Waterford, 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)
Clean up of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all
sites.
(j)
Stabilization of drainage ways.
(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.
B.
Erosion and sediment control plan statement. For each construction site identified under § 250-5A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Village of Waterford. 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 article, 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 Village of Waterford notifies the applicant of changes
needed in the plan.
The fees referred to in other sections of this article shall be established by the Village of Waterford and may from time to time be modified by resolution. A schedule of the fees established by the Village of Waterford shall be available for review in the Village Hall. Where the review and inspection is part of a developer's agreement pursuant to Chapter 235, Subdivision of Land, the permit fee may be waived but the applicant shall be liable for the engineer's costs for review and inspection.
If land-disturbing construction activities are being carried out without
a permit required by this article, the Village of Waterford may enter the
land pursuant to the provisions of Wis. Stat. §§ 66.0119(1),
(2), and (3).
A.
The Village of Waterford may post a stop-work order if
any of the following occurs:
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 Village of Waterford
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 Village of Waterford, or if a responsible party violates a stop-work order posted under Subsection A, the Village of Waterford may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Village of Waterford may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Village of Waterford 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 Village of Waterford, plus interest at the rate authorized by Village of Waterford, 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 charge or special assessment against the property pursuant to Wis. Stat. § 66.0627 or Subch. VII of Wis. Stat. ch. 66.
F.
Any person violating any of the provisions of this article
shall be subject to a forfeiture of not less than $500 nor more than $1,000
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 article 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 injunction proceedings.
A.
Board of Appeals. The Board of Appeals created pursuant to § 245-54 of the Municipal Code of the Village of Waterford, pursuant to Wis. Stat. § 61.354(4)(b):
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village of Waterford in administering this article except for cease and desist orders obtained under § 250-13A;
(2)
Upon appeal, the Board may authorize variances from the
provisions of this article which are not contrary to the public interest and
where, owing to special conditions, a literal enforcement of the provisions
of the article 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 may be taken by
any aggrieved person or by any office, department, board, or bureau of the
Village of Waterford affected by any decision of the Village of Waterford.
