[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992
(§§ 15-2-1 through 15-2-11 of the 1992 Code of Ordinances).
Amendments noted where applicable.]
This chapter is adopted pursuant to the guidelines in § 62.234,
Wis. Stats.
A.
Policy declaration. The Common Council finds runoff from
construction sites carries a significant amount of sediment and other pollutants
to the waters of the state and the City of Bayfield.
B.
Purpose. It is the purpose of this chapter to preserve the natural resources; to protect the quality of the waters of the state and City; 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 discharge from construction sites to lakes, streams and wetlands. The Common Council finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the City. It is, therefore, declared to be the purpose of this chapter to control and, if possible, prevent soil erosion and minimize water runoff increases and, thereby, to preserve the natural resources, control floods, and prevent impairment of dams and reservoirs, protect the quality of public waters and wetlands, prevent property damage, preserve wildlife, protect the tax base and protect and promote the health, safety, and general welfare of the people of the City of Bayfield. This chapter is in accordance and consistent with Chapter 500, Zoning, of the Code of the City of Bayfield, so far as practicable.
A.
Scope of coverage. This chapter applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the City and the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this chapter. This chapter shall apply outside the City limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and the following chapters of the Code of the City of Bayfield: Chapter 152, Building Construction, Chapter 217, Fair Housing, Chapter 319, Public Buildings, Access to, and Chapter 423, Historic Preservation, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats.
B.
Exclusions. The following activities are generally excluded
from coverage under this chapter:
(1)
State-funded or -conducted activities that are subject
to the State Site Erosion Control and Stormwater Runoff Plan. [NOTE: State-funded
or -conducted construction activities must meet the requirements contained
in the "State Plan for the Control of Construction Erosion and Stormwater
Runoff," which contains similar requirements as contained in this chapter,
as a minimum.]
(2)
Agricultural land uses as defined in this chapter and
quarries, except where the Common Council, Plan Commission, Building Inspector
or City Engineer determines that erosion or runoff from such agricultural
or quarry uses is likely to occur which will threaten watercourses or other
environmentally sensitive areas unless control measures are taken.
(3)
Small land disturbing activities such as gardens, minor
landscaping modifications and minor repair of sidewalks, paths or driveways,
except where the Common Council, Plan Commission, Building Inspector, or City
Engineer determines that erosion or runoff is likely to occur which will threaten
watercourses or other environmentally sensitive areas unless control measures
are taken.
A.
AGRICULTURAL LAND USE
COMMERCIAL LAND USE
CONTROL MEASURE
CONTROL PLAN
EROSION
EXISTING GRADE
FILL
GRADING
LAND DEVELOPING ACTIVITY
LAND DISTURBING ACTIVITY
LAND DISTURBING CONSTRUCTION ACTIVITY
LANDOWNER
LAND TREATMENT MEASURES
LAND USER
MAJOR LAND DISTURBING ACTIVITIES
MINOR LAND DISTURBING ACTIVITIES
PARCEL
PEAK FLOW
PERSON
PUBLIC LANDS
RUNOFF
SEDIMENT
SEDIMENTATION
SET OF ONE-YEAR DESIGN STORMS
SITE
SOIL LOSS
STORM FREQUENCY
STORM SEWER
STORMWATER RUNOFF
STRUCTURAL MEASURES
WATER DRAINAGE FACILITY
WATER DRAINAGE SYSTEM
WORKING DAY
The following definitions shall be applicable 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 sale of goods or services.
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 vertical location of the existing ground surface prior to excavation
of filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported or moved
by man/woman to a new location and shall include the conditions resulting
therefrom.
Altering the elevation of the land surface by stripping, excavating,
filling, stockpiling of soil materials or any combination thereof and shall
include the land from which the material was taken or upon which it was placed.
The construction of buildings, roads, parking lots, paved storage
areas and similar facilities.
Any change to the land surface which may result in soil erosion,
sedimentation or increase in water runoff, including but not limited to tilling,
removal of vegetative cover, stockpiling of soil, grading, excavating, livestock
grazing and filling of land.
Any man-made change of the land surface including removing vegetation
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 any interest in land.
Structural or vegetative practices (including fencing) used to control
erosion, sediment and water runoff.
Any person who uses land collectively or individually as owner, operator,
lessor or renter, or who occupies land by providing work or service that requires
alteration of the land, or any person who has made other arrangements with
a landowner which gives them the right and/or responsibility for use of the
land.
Those activities where the land disturbance covers one or more acres,
where a subdivision (as defined by Ch. 236, Wis. Stats.) is created, or where
the Common Council, Plan Commission or Building Inspector determines that
special circumstances due to topography, proximity to watercourses or relation
to sensitive environmental area make the disturbance a major one.
Those activities where the land disturbance covers less than one
acre and the activities do not otherwise fall within the definition of "major
land disturbing activities."
All continuous lands under the ownership or control of a land occupier
or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
Any individual, corporation, partnership, joint venture, agency,
unincorporated association, municipal corporation, county, or state agency
within Wisconsin, the federal government or any combination thereof.
All lands owned or controlled by any unit of government.
Includes, but is not limited to, ice or water flowing over the ground
surface.
Solid material, mineral or organic, that is in suspension, is being
transported to, or has been moved from, its site of origin by air, water,
gravity or ice and has come to rest or has been deposited on the earth's surface
at another location.
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles, derived
from soils by erosion or discharged into surface waters from other sources,
or the deposition of waterborne sediments in stream channels, lakes, reservoirs,
or on floodplains, usually resulting from a decrease in the velocity of the
water flow.
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 one per year. The following are
typical characteristics of these one-year storms for most of Wisconsin.
|
Storm Duration
(hours)
|
Rain Intensity
(inches/hour)
|
Average 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.
Soil removed from a given site by land disturbing activities or by
the forces of erosion, and redeposited at another site.
The average period of time during which a storm of a given duration
and intensity can be expected to be equaled or exceeded.
A closed conduit for conducting collected stormwater.
The waters derived from rains falling within a tributary drainage
basin, flowing over the ground surface or collected in a water drainage system.
Land treatments intended to prevent erosion, sediment or runoff that
include, but are not limited to, gully control structures, grass waterways,
riprap, detention basins or ponds, sediment basins or ponds, flood retention
dams, diversions, and lining channels with rock concrete or other materials.
Contour strip cropping is not considered a structural measure under this chapter.
Any element in a water drainage system which is made or improved.
All facilities used for conducting runoff to, through or from a drainage
area to the point of final outlet including, but not limited to, any of the
following: conduits and appurtenant features, canals, channels, ditches, streams,
culverts, reservoirs, detention basins or ponds, storm sewers, streets, and
pumping stations.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding, however,
any such day officially observed by the City as a legal holiday. Also referred
to as "business day."
All control measures required to comply with this chapter shall be measures
based on accepted design criteria, standards and specifications periodically
established by the United States Soil Conservation Service, Wisconsin Department
of Natural Resources or otherwise identified as acceptable by the City Engineer.
Where design criteria, standards or specifications conflict, the most restrictive
provisions shall apply.
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.
A.
Applicability.
(1)
This section applies to the following sites of land development
or land disturbing activities:
(b)
Those sites involving the construction of buildings or other
improvements on lots of approved certified surveys, land division plats or
subdivision plats.
(c)
Those involving grading, removal of protective ground cover or
vegetation, excavation, land filling or other land disturbing activity affecting
a surface area of 4,000 square feet or more.
(d)
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.
(e)
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing, inspecting
or enlarging of an underground pipe or facility for a distance of 300 feet
or more.
(g)
Those sites involving the changing, enlargement, dredging or
other alteration to any watercourse, waterway and/or wetlands.
(h)
Those other situations where the City Engineer, at the request
of the Plan Commission or Common Council, determines that erosion or runoff
is likely to occur unless control measures are taken.
(2)
NOTE: The above applicability criteria are specifically
stated in 1983 Wisconsin Act 416 for inclusion in this chapter. Utility companies
responsible for energy repair work should enter into a "memorandum of agreement"
with the City clearly stating their responsibilities if their activities may
be included under any of the above applicability criteria.
B.
Minimum erosion and runoff control standards to be met. At a minimum, the erosion and runoff control standards listed below must be met on all sites described in Subsection A above. Additional or more stringent control standards may be required in those situations where the City Engineer and/or Building Inspector determines that special circumstances due to topography, approximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards:
(1)
Site dewatering. Water pumped from the site shall be
treated by temporary sedimentation basins or other appropriate control measures.
Such sedimentation basins shall have a depth of at least three feet, be surrounded
by snow fence or equivalent barrier and have sufficient surface area to provide
a surface settling rate of not more than 1,500 gallons per square foot per
day at the highest dewatering pumping rate. Water may not be discharged in
a manner that causes erosion of the site, a neighboring site, or the bed or
banks of the receiving water. Water pumped from the site shall be treated
by temporary sedimentation basins, grit chambers, sand filters, up-slope 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.
(a)
NOTE: There are several ways to meet this particle size performance
objective, depending on the pumping rate. As an example, if the pumping rate
is very low (one gallon/minute), then an inclined or vertical enlargement
pipe (about eight inches in diameter for one gallon/minute) several feet long
would be an adequate control device to restrict the discharge of 100 micron,
and larger, particles. As the pumping rate increases, then the "device" must
be enlarged. At a moderate (100 gallons/minute) pumping rate, a vertical section
of corrugated steel pipe, or concrete pipe section, or other small "tank"
(about 4 1/2 feet across for a 100 gallons/minute 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 gallons/minute), sediment basins (about 35 feet in diameter for a
pumping rate of 10,000 gallons/minute) 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 hydrocyclones) could be specially
fabricated that would generally be smaller than the simple sedimentation devices
described above, but they would not be required.
(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 a three inch graveled
entrance pad of sufficient width and length to prevent sediment from being
tracked into public or private roadways. Sediment reaching a public or private
road shall be removed by street cleaning (not hydraulic 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)
Channelized runoff. Channelized runoff from adjacent
areas passing through the site shall be diverted around disturbed areas.
(6)
Sequenced activities. All activities on the site shall
be conducted in a logical sequence to minimize the area of bare soil exposed
at any one time and the amount of soil leaving the site.
(7)
Stabilized disturbed ground.
(a)
All disturbed ground and soil or dirt storage piles shall
be contained on the site by filter barriers or other suitable means. The containment
measures shall remain in place until the site is adequately stabilized. All
disturbed ground left inactive for seven or more days shall be stabilized
by seeding or sodding (only available prior to September 15) or by mulching,
filter barriers or covering, or other equivalent control measure.
(b)
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 1% 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, based 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.
(c)
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.
(8)
Filter fences, straw bales on slopes. Filter fences,
straw bales, or equivalent control measures shall be placed continuously along
all sideslope and downslope sides of the site where deemed appropriate by
City officials. If a channel or area of concentrated runoff passes through
the site, filter barriers shall be placed continuously along the channel edges
to reduce sediment reaching the channel.
(9)
Soil storage piles. Any soil or dirt storage piles containing
more than 10 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 barriers 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 storm drain inlets must be protected with
straw bales or other appropriate filtering barriers.
C.
Additional erosion and runoff control standards to be met on larger sites. These control standards are in addition to the minimum control standards as set forth in Subsection B, and thus include, but are not limited to, all sites involving land divisions, subdivisions or certified survey maps (where land divisions, subdivisions or certified survey maps involve either one or more acres or create five or more lots or building sites), or all sites where one or more acres are disturbed at a time, where special circumstance due to topography, proximity to water covers or relation to environmentally sensitive lands make the disturbance a major one, shall meet the added control plan requirements as set up by the City Engineer. These requirements may include required public dedication of water runoff control measures. The permittee is responsible for obtaining compliance with the control plan requirements. Informal guidelines for the control plan for a major land disturbing activity are hereto attached and incorporated herein as a part of this chapter as an addendum.
D.
Special circumstances. The control standards set forth
in this chapter are intended to apply on a typical development site. When
land disturbing and/or development activity is proposed for a site with extraordinary
features, the Plan Commission may recommend to the Common Council and the
Council, at its discretion, will require additional and/or more restrictive
control standards and measures before any control plan is approved or permit
is issued. Extraordinary sites include, but are not limited to, sites where
land disturbing or development activities are proposed to occur on slopes
of more than 20% grade in designated floodplain, wetland, or conservancy areas
or in environmental corridor areas identified in the City Comprehensive Plan.
E.
Erosion and runoff control by public dedication of water
runoff control. The Common Council may require dedication of water runoff
control measures. When such dedication is required, the dedicated land may
also be utilized for parkland and for recreational use. Once dedicated and
accepted, the City shall maintain the runoff control measures as necessary
to adhere to this chapter and any other applicable laws or contracts. The
potential costs of maintaining proposed runoff control measures will be among
the criteria considered in both accepting or rejecting an entire "erosion
and runoff control plan" for the areas and determining whether or not to require
dedication to the City of and/or all runoff control measures. In the event
that the City does not require dedication of any water runoff control measures,
the continued maintenance of such measures shall be assured through such means
as deed restrictions, easements or a contract with the City.
A.
Permit application. No landowner or land user, other
than the City, may commence a land disturbance or land development activity
subject to this chapter without receiving prior approval of a control plan
for the site and 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 chapter shall submit
an application for a permit and a control plan and pay an application fee
to the Building Inspector. By submitting an application, the applicant is
authorizing the Building Inspector, City Engineer and other designated City
officials to enter the site to obtain information required for a review of
the control plan.
B.
Content of the control plan for land disturbing activities.
(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 of adjacent lands which accurately identify
site location;
(b)
Lakes, streams, wetlands, channels, ditches and other
watercourses on and immediately adjacent to the site;
(c)
One-hundred-year floodplains, flood fringes and floodways;
(d)
Vegetative cover;
(e)
Location and dimensions of stormwater drainage systems
and natural drainage patterns on and immediately adjacent to the site;
(f)
Locations and dimensions of utilities, structures, roads,
highways, and paving; and
(g)
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)
Locations and dimensions of all proposed land disturbing
activities;
(b)
Locations and dimensions of all temporary soil or dirt
stockpiles;
(c)
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of this chapter;
(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
chapter; and Provisions of maintenance of the construction site control measures
during construction.
(e)
Provisions of maintenance of the construction site control
measures during construction.
C.
Emergency situations. Notwithstanding the above, a private
landowner or the City may commence land disturbing activity without an approved
control plan where immediate action is necessary in order to respond to an
existing or threatened emergency situation. When such emergency activity is
undertaken, care will be taken to comply with the erosion and runoff control
standards set forth in this chapter to the fullest extent practicable under
the circumstances. The Building Inspector shall be notified by the private
landowner within three hours after commencing such land disturbing activities
under this section.
D.
Minor land disturbing activities: content of control
plan statement. Minor land disturbing activities are all those activities
other than those deemed to be major land disturbing activities. For minor
land disturbing activities, an erosion control plan (with simple map) shall
be submitted to briefly describe the site and erosion controls (including
the site development schedule). These documents will be used to meet the requirements
of this chapter.
E.
Review of major and minor land disturbing control plans.
(1)
Major land disturbing activities. Within 45 days of receipt
of a completed control plan, the City Engineer and Building Inspector shall
determine if the requirements of this chapter are met. The applicant shall
be informed, in writing, of the reasons for rejection or conditions of approval.
(2)
Minor land disturbing activities. Control plan statements
for minor land disturbing activities shall be reviewed by the Building Inspector
for compliance with this chapter. The Building Inspector shall approve, reject
or conditionally approve the plan within the same number of working days as
required for issuance of a building permit, but in no event more than 10 working
days after receipt of the completed control plan statement. If the control
plan statement is rejected or conditionally approved, the applicant shall
be informed, in writing, of the reasons for rejection or conditions of approval.
F.
Permits.
(1)
Duration. Permits 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 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 chapter.
(2)
Permit fees, major land disturbing activities. The application
fee for a major land disturbing activity permit shall be as set by the Common
Council. In addition to this fee, before any permit will be issued, the applicant
shall pay the actual engineering fees or expenses incurred by the City in
connection with review of the control plan and the engineering fees or expenses
estimated to be incurred for on-site inspection during the project. These
additional charges shall be determined by the City Treasurer.[1]
(3)
Permit fees, minor land disturbing activities. The application
fee for a minor land disturbing activity permit shall be as set by the Common
Council, except where a building permit fee is paid in connection with the
same activity, then a fee as set by the Common Council shall be paid in order
to obtain the necessary land disturbing activity permit.[2]
G.
Permit requirements for major land disturbing activity.
All major land disturbing activity permits shall require the permittee to
do at least the following:
(1)
The applicant shall provide the City, prior to issuance
of the permit, and irrevocable letter of credit, certificate of deposit or
certified check to the City in an amount equal to 125% of the estimated cost
of all required control measures as determined by the City Engineer and/or
Building Inspector. The security deposited shall guarantee that all required
control measures will be taken or installed according to the approved plan.
The security shall remain in full force for the entire period of the permit
unless released earlier by the City. The City shall have the right to draw
upon the security for the purposes of obtaining compliance with the approved
control plan as it deems necessary. If the erosion and runoff control requirements
of this chapter are included as part of plat or certified survey map conditions
of approval, then security for performance of the control requirements may
be included as part of the overall security required for installation of improvements
under the Code of the City of Bayfield.
(2)
Contact the Building Inspector upon completion of any
control measures and at least two business days prior to commencing any land
disturbing activity.
(3)
Obtain written permission from the City Engineer or Building
Inspector prior to modifying the control plan. They are authorized to permit
only those modifications that comply with the terms of this chapter.
(4)
Install all control measures as identified in the control
plan.
(5)
Maintain all control measures as identified in the control
plan.
(6)
Repair any damage to adjoining surfaces and drainageways
resulting from any land developing or disturbing activities on the permitted
site.
(7)
Inspect the control measures after each rain of 0.5 inches
or more and make needed repairs immediately.
(8)
Allow the Building Inspector, City Engineer, or other
designated City officials to enter the site for the purpose of inspecting
for compliance with the control plan or for performing any work necessary
to bring the site into compliance with the control plan and this chapter.
(9)
Keep a copy of the approved control plan on site.
H.
Permit requirements for minor land disturbing activity.
All minor land disturbing activity permits shall require the permittee to:
(1)
Obtain permission in writing from the Building Inspector
prior to modifying the control plan. They are authorized to permit only those
modifications that comply with the terms of this chapter.
(2)
Install all control measurers as identified in the approved
control plan.
(3)
Maintain all control measures as identified in the control
plan.
(4)
Repair any damage to adjoining surfaces and drainageways
resulting from any land developing or disturbing activities on the permitted
site.
(5)
Inspect the control measures after each rain of 0.5 inches
or more and make needed repairs immediately.
(6)
Allow the Building Inspector, City Engineer, and other
designated City officials to enter the site for the purpose of inspecting
for compliance with the control plan or for performing any work necessary
to bring the site into compliance with the control plan and this chapter.
A.
The City Engineer, Building Inspector or other designated
City officials shall inspect all major land disturbing activities in order
to ensure compliance with the control plan and permit.
B.
In the case of minor land disturbing activities, the
building inspector shall inspect sites in order to ensure compliance with
the control plan and permit.
C.
If the land disturbing or land development activities
are being carried out without a valid permit, i.e., unauthorized, City inspection
officials may enter the land in question pursuant to the special inspection
warrant provisions of § 66.0119, Wis. Stats.
A.
Violations. No land development or land disturbing activities
within the scope of this chapter may occur without full compliance with the
provisions of this chapter. Any person who violates or fails to comply with
any provision of this chapter is subject to the enforcement and penalty provisions
contained herein.
B.
Enforcement. This chapter shall be enforced consistent
with the policies and purposed underlying its adoption. The following enforcement
actions, or any combination thereof, may be taken in case of a violation of
this chapter:
(1)
Stop-work order.
(a)
A stop-work order may be issued by the City Engineer,
Building Inspector, or their authorized agents, after an inspection if:
(b)
Stop-work orders may be retracted when compliance with
the chapter is obtained. The City Engineer, Common Council, Building Inspector
or their designee has the authority to retract a stop-work order for major
land disturbing activities; the Building Inspector, City Engineer and their
designees, may retract stop-work orders on minor land disturbing activities.
(2)
Revocation of permit. Where a stop-work order has been
issued in order to obtain compliance with a control plan, the City may revoke
the permit if the permittee does not cease the illegal activity or obtain
compliance with the control plan or permit conditions within five days from
issuance of the stop-work order.
(3)
City to perform work. Five days after posting a stop-work
order, the City may issue a notice of intent to the permittee or landowner
or land user of the City's intent to perform work necessary to comply with
this chapter. Upon receipt of permission from the landowner or pursuant to
a court order, the City Engineer and/or other designated City officials or
agents, as determined by the Common Council, may go on the land and commence
the work. The costs of the work performed by the City, plus interest, shall
be billed to the permittee or the landowner or may be recovered out of any
security posted for such purpose. In the event a permittee or landowner otherwise
fails to pay the amount due, the City Treasurer shall enter the amount due
on the tax rolls and collect as a special assessment against the property
pursuant to § 66.0703, Wis. Stats.
(4)
Injunction and other judicial remedies. Compliance with
the provisions of this chapter may also be obtained by the Common Council
authorizing the City Attorney to commence appropriate action to enjoin violations,
compel compliance, or pursue other appropriate judicial relief.
(5)
Private remedies preserved. These enforcement provisions
are not intended in any way to restrict or limit the rights of private parties
to pursue whatever private legal remedies they may have available as a result
of any erosion, sediment or water runoff.
C.
Penalties. Any person violating any provision of this chapter shall be subject to a forfeiture as provided in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the City shall issue a written warning to the person believed to be violating the chapter, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.
A.
Appeal or variance requests.
(1)
By applicant or permittee. Any aggrieved applicant, permittee
or land user may appeal any order, decision, determination or inaction of
the City in administering or enforcing this chapter, or may apply for a variance
from the requirements of this chapter. A filing fee as set by the Common Council
must accompany the appeal or variance request. Appeal or variance requests
must be submitted in writing, state the grounds for the appeal or variance
request, and be filed with the Clerk. Publication and other associated costs
will be in addition to this fee and paid by the applicant.[1]
(2)
Appeal by citizens.
(a)
An appeal of any order, decision, determination or inaction
of the City in administering or enforcing this chapter may be commenced upon
the filing of a petition signed by 25 adult residents of the City and payment
of a fee as set by the Common Council to cover the cost of the appeal.[2]
(b)
The appeal must be filed with the City Clerk and shall
state written grounds for the appeal. A copy of any citizen appeal shall be
delivered or mailed to the applicant or permittee by the Clerk within five
business days of its filing with the City. The filing of a citizen appeal,
by itself, does not prohibit the commencement or continuation of any work
or activity.
(3)
Appeal deadline. Appeals by applicants, permittees or
citizens must be filed within 45 days of the order, decision, determination
or inaction being appealed.
(4)
Multiple appeals prohibited. Once an appeal has been
filed on a matter, no other appeal on the same order, decision, determination
or inaction will be allowed. The Zoning Board of Appeals shall consolidate
appeals wherever possible to avoid a multiplicity of appeal proceedings and
to hasten the final resolution of a matter. The Zoning Board of Appeals may
allow additional parties to join a pending appeal where appropriate and where
such addition will not delay the proceedings.
B.
Authority.
(1)
Authority to grant variances. The Plan Commission shall
hear and the Common Council shall decide all variance requests in accordance
with the provisions of the Code of the City of Bayfield. The Common Council
shall only grant such variances from the terms of this chapter as will not
be contrary to the public interest, where owing to special conditions a literal
enforcement of the provisions of this chapter is impracticable or otherwise
unreasonable or demonstrated to be unnecessary. Such variances may be granted
only when the Plan Commission has been presented with satisfactory proof,
and the Council so concurs, that the variance will achieve compliance results
comparable to those set forth in this chapter.
(2)
Appeals. The Zoning Board of Appeals shall hear and decide
appeals where it is alleged that there is error in any order, decision or
determination made by City officials in administering this chapter. The Zoning
Board of Appeals shall use the rules, procedures, duties and powers authorized
by City ordinance and statute for the Zoning Board of Appeals in hearing and
deciding appeals and authorizing variances. The Zoning Board of Appeals shall
hear and decide within 30 days of receipt of the written request and payment
of the appeal fee, unless an extension is agreed upon by the appellant and
Zoning Board of Appeals.
C.
Enforcement not stayed. The filing of an appeal or variance
does not preclude the City from commencing or continuing any of the enforcement
actions set forth herein or a forfeiture proceeding set forth in this chapter
unless the Common Council specifically agrees to stay such enforcements.
