The Town Board 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 Town of Cedarburg.
It is the purpose of this chapter 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 Town of Cedarburg.
The fees referred to in other sections of this chapter shall
be established by the Town Board and may from time to time be modified
by resolution. A schedule of the fees established by the Town Board
shall be available for review at the Town Hall.
[Amended 5-5-2021 by Ord. No. 2021-4]
If land-disturbing construction activities are being carried
out without a permit required by this chapter, the Director of Public
Works or designee, his agent, or assignee, may enter the land pursuant
to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, a designee designated by the Director
of Public Works, or a regional planning commission empowered under
§ 60.627, Wis. Stats., that is designated by the Town Board
to administer this chapter.
[Amended 5-5-2021 by Ord. No. 2021-4]
BEST MANAGEMENT PRACTICE or BMP
Structural or non-structural 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 Director of Public Works or designee
is routinely and customarily open for business.
[Amended 5-5-2021 by Ord. No. 2021-4]
CEASE-AND-DESIST ORDER
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development or sale where multiple separate and distinct land-disturbing
construction activities may be taking place at different times on
different schedules but under one plan.
DIVISION OF LAND
The creation, from one parcel, of two or more parcels or
building sites of five or fewer acres each in area where such creation
occurs at one time or through the successive partition within a five-year
period.
EROSION
The process by which the land’s surface is worn away
by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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 that employ equivalent permanent stabilization measures.
GOVERNING BODY
The Town Board of Supervisors of the Town of Cedarburg.
[Amended 5-5-2021 by Ord. No. 2021-4]
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order
to achieve a performance standard specified in this chapter which
takes into account the best available technology, cost effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Director of Public Works
or designee to the applicant to conduct land-disturbing construction
activity or to discharge post-construction runoff to waters of the
state. No person may conduct land-disturbing activity or discharge
post-construction runoff to waters of the state within the Town of
Cedarburg without obtaining such permit from the Town indicating that
the requirements of this chapter are met, and the owner shall pay
the applicable permit fee according to the Annual Fee Schedule as
established by the Town Board. The Town's permit application shall
require that all costs incurred by the Town or its designee, agents,
and/or consultants to properly review the application shall be the
responsibility of the applicant who shall timely pay or reimburse
the Town of Cedarburg for all engineering, inspection, legal, and
administrative costs incurred by the Town in reviewing the application.
This includes applications that result in after-the-fact permits.
[Amended 5-5-2021 by Ord. No. 2021-4]
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has 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 chapter 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 Director of Public Works or designee
which requires that all construction activity on the site be stopped.
[Amended 5-5-2021 by Ord. No. 2021-4]
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
[Amended 5-5-2021 by Ord. No. 2021-4]
The above and foregoing chapter was duly adopted by the Town
Board of Town of Cedarburg on the first day of October, 2008, and
as amended thereafter.