[HISTORY: Adopted by the Village Board of the Village of
Woodville 8-13-1996 (Ch. 2 of
Title 15 of the 1996 Code); amended in its entirety 12-12-2006. Subsequent
amendments noted where applicable.]
A.
This chapter is adopted under the authority granted by § 61.354,
Wis. Stats. This chapter supersedes all provisions of an ordinance
previously enacted under § 61.35, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 61.354, Wis. Stats., § 61.35, Wis. Stats.,
applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
D.
The requirements of this chapter 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 §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
A.
Findings. The Village Board finds that runoff from construction sites
carries a significant amount of sediment and other pollutants to the
waters of the state and the Village of Woodville.
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 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. The Village Board finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the Village. 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, 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 Village of Woodville. This chapter is in accordance and consistent with Chapter 525, Zoning, of this Code, so far as practicable.
A.
Applicability.
(1)
This chapter applies to the following land disturbing construction activities except as provided under Subsection A(2): a construction site of any size which has land disturbing construction activity.
(2)
This chapter does not apply to the following:[1]
(a)
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 40 CFR 122 for land disturbing
construction activity.
(b)
Nonpoint discharges from agricultural facilities and practices.
(c)
Nonpoint discharges from silviculture activities.
(d)
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 chapter applies to construction sites of any size that, in the opinion of the Village Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B.
Jurisdiction. This chapter applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Woodville as well as all lands located within the
extraterritorial plat approval jurisdiction of the Village of Woodville,
even if plat approval is not involved.
C.
Exclusions.
(1)
The following activities are generally excluded from coverage under
this chapter:
(a)
Agricultural land uses as defined in this chapter and quarries, except
where the Village Board, Village Engineer or Building Inspector determines
that erosion or runoff from such agricultural or quarry use is likely
to occur which will threaten watercourses or other environmentally
sensitive areas unless control measures are taken.
(b)
Small land disturbing activities such as gardens, minor landscaping
modifications and minor repair of sidewalks, paths or driveways, except
where the Village Engineer or Building Inspector determines that erosion
or runoff is likely to occur which will threaten watercourses or other
environmentally sensitive areas unless control measures are taken.
(2)
This chapter is not applicable to activities conducted by a state
agency, as defined under § 227.01(1), Wis. Stats., but also
including the office of district attorney, which is subject to the
state plan promulgated or a memorandum of understanding entered into
under § 281.33(2), Wis. Stats.
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.
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.
The Building Inspector of the Village of Woodville.
Use of land for the retail or wholesale sale of goods or
services.
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.
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 and/or Village Engineer.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or manually transported 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
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 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 give him 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 Village Board, Plan Commission, Village Engineer
or Building Inspector determines that special circumstances due to
topography, proximity to watercourses or relation to sensitive environmental
areas 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 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.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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 Village 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 Natural Resources Conservation
Service and Wisconsin Department of Natural Resources, the technical
standards identified or developed by the Wisconsin Department of Natural
Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code, or those
otherwise identified as acceptable by the Building Inspector or Village
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.
B.
Erosion and other pollutant control requirements.
(1)
Best management practices (BMPs) shall be used 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. 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 B(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 eight-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.
C.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
D.
Alternative requirements. The Village Building Inspector and the
Village Engineer may establish an erosion and sediment control plan
more stringent than that set forth in this section if the Village
Building Inspector determines that an added level of protection is
needed for sensitive resources.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the Village Engineer.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 250-7 and other requirements of this chapter.
(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)
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.
(c)
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
(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 five 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)
Areal extent of wetland acreage on the site and locations where
stormwater is discharged to a surface water or wetland.
(i)
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 Engineer, 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)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(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 § 250-3A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Village Engineer. 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 this chapter, including the site development schedule. The following exceptions apply to this Subsection B: owners, builders and developers of single-family (R-1) and duplex homes (R-2) on land less than one acre shall be exempt from the provisions of this chapter, with the exception that all provisions of §§ 250-5 through 250-7 are to be met.
C.
Amendments.
The applicant shall amend the plan if any of the following occurs:
(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 Engineer notifies the applicant of changes needed in
the plan.
D.
Permit required. No responsible party may commence a land disturbing
construction activity subject to this chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Village Building Inspector.
(1)
Permit
application and fees. At least one responsible party desiring to undertake
a land disturbing construction activity subject to this chapter shall
submit an application for a permit and an erosion and sediment control
plan that meets the requirements of this section and shall pay an
application fee established by the Village Board to the Village Building
Inspector. By submitting an application, the applicant is authorizing
the Village Building Inspector and Village Engineer to enter the site
to obtain information required for the review of the erosion and sediment
control plan.
(2)
Review
and approval of permit application. The Village Building Inspector
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:
(a)
Within 30 business days of the receipt of a complete permit application, as required by Subsection D(1), the Village Building Inspector shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(b)
If the permit application and plan are approved, the Village
Building Inspector shall issue the permit.
(c)
If the permit application or plan is disapproved, the Village
Building Inspector shall state in writing the reasons for disapproval.
(d)
The Village Building Inspector may request additional information
from the applicant. If additional information is submitted, the Village
Building Inspector shall have 15 business days from the date the additional
information is received to inform the applicant that the plan is either
approved or disapproved.
(e)
Failure by the Village Building Inspector 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.
(3)
Surety
bond. As a condition of approval and issuance of the permit, the Village
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 erosion control plan and any permit conditions.
(4)
Permit
requirements. All permits shall require the responsible party to:
(a)
Notify the Village Building Inspector within 48 hours of commencing
any land disturbing construction activity.
(b)
Notify the Village Building Inspector of completion of any BMPs
within 14 days after their installation.
(c)
Obtain permission in writing from the Village Building Inspector
prior to any modification pursuant to this section of the erosion
and sediment control plan.
(d)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(e)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land disturbing construction activities
and document repairs in a site erosion control log.
(g)
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.
(h)
Allow the Village Building Inspector and Village Engineer to enter
the site for the purpose of inspecting compliance with the erosion
and sediment control plan or for performing any work necessary to
bring the site into compliance with the control plan.
(i)
Keep a copy of the erosion and sediment control plan at the construction
site.
(6)
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 Building Inspector may extend the period one or more times
for up to an additional 180 days. The Village Building Inspector may
require additional BMPs as a condition of the extension if they are
necessary to meet the requirements of this chapter.
E.
Maintenance of BMPs. The responsible party, throughout the duration
of the construction activities, shall maintain all BMPs necessary
to meet the requirements of this chapter until the site has undergone
final stabilization.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees shall be available for review
in the Village Hall.
A.
The Village Engineer, Building Inspector or other designated Village
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, Village 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 purpose 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 Village Engineer, Building
Inspector, or their authorized agents, after an inspection, if:
(b)
Stop-work orders may be retracted when compliance with this
chapter is obtained. The Village Engineer, Village Board, Building
Inspector or their designee has the authority to retract a stop-work
order for major land disturbing activities; the Building Inspector,
Village 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 Village 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)
Village to perform work. Five days after posting a stop-work order,
the Village may issue a notice of intent to the permittee or landowner
or land user of the Village'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 Village Engineer and/or other designated
Village officials or agents, as determined by the Village Board, may
go on the land and commence the work. The costs of the work performed
by the Village, 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 that a permittee or landowner otherwise fails
to pay the amount due, the Village Clerk-Treasurer shall enter the
amount due on the tax rolls and collect it 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 Village Board authorizing
the Village 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 § 1-4 of this Code. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the Village shall issue a written warning to the person believed to be violating this 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 Village in administering or enforcing this chapter or may apply for a variance from the requirements of this chapter. A filing fee as provided in § 250-9 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 Village Clerk-Treasurer. Publication and other associated costs will be in addition to this fee and paid by the applicant.[1]
(2)
Appeal by citizens.
(a)
(b)
The appeal must be filed with the Village Clerk-Treasurer 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 Village Clerk-Treasurer within five business days of its filing
with the Village. 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 Zoning Board of Appeals shall decide
all variance requests in accordance with the provisions of this Code.
The Zoning Board of Appeals 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 Zoning
Board of Appeals has been presented with satisfactory proof 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 Village officials in administering this chapter. The Zoning Board of Appeals shall use the rules, procedures, duties and powers authorized by Village 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 the Zoning Board of Appeals. The procedures utilized by the Zoning Board of Appeals shall be as prescribed in Chapter 525, Zoning.
C.
Enforcement not stayed. The filing of an appeal or variance does
not preclude the Village from commencing or continuing any of the
enforcement actions set forth herein or a forfeiture proceeding set
forth in this chapter, unless the Village Board specifically agrees
to stay such enforcement.
