[HISTORY: Adopted by the Common Council of the City of Lodi 5-4-2010 by Ord. No.
A-410.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public works projects — See Ch. 83.
Building construction — See Ch. 127.
Drainage — See Ch. 162.
Floodplain zoning — See Ch. 184.
Streets and sidewalks — See Ch. 295.
Subdivision of land — See Ch. 300.
[1]
Editor's Note: This ordinance also repealed former Ch.
147, Construction Site Erosion Control, adopted as Ch. 35 of the City
Code.
A.
This chapter is adopted under the authority granted by § 62.234,
Wis. Stats.
B.
The Lodi City Council hereby designates the Building Inspector to
administer and enforce the provisions of this chapter. In his or her
absence, the Public Works Director shall be designated.
C.
The Building Inspector shall work or consult with the City Engineer
as indicated in this chapter.
D.
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by the following:
(1)
The 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.
The Lodi Common Council finds that runoff from land-disturbing
construction activity carries sediment and other pollutants to the
waters of the state and to the City of Lodi.
It is the purpose of this chapter to further the maintenance
of safe and healthful conditions, prevent and control water pollution
and minimize and control soil erosion by minimizing the amount of
sediment and other pollutants carried into surface water.
A.
This chapter applies to the following land development or land-disturbing
activities:
(1)
Those sites involving grading, the removal of protective ground cover
or vegetation, excavation, land-filling or other land-disturbing activity
affecting a land surface area of 4,000 square feet or more.
(2)
Those sites involving the construction of buildings or other improvements
on lots of approved certified surveys, land division plats or subdivision
plats, or on any other parcel of land.
(3)
Those sites 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.
(4)
Those sites involving any street, highway, road, or bridge construction,
enlargement, relocation or reconstruction.
(5)
Those sites involving the inspecting, laying, repairing, replacing
or enlarging of an underground pipe, cable or other facility for a
distance of 300 feet or more.
(6)
Those sites involving the changing, enlargement, dredging or other
alteration to any watercourse.
(7)
Those other situations where, in the sole discretion of the Building
Inspector, it is determined that erosion is likely to occur unless
control measures are taken.
B.
Not withstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the Building Inspector, 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 private or public property or public safety.
C.
This chapter does not apply to the following:
(1)
Land-disturbing construction activity that includes the construction
of a building and is otherwise regulated by the Department of Safety
and Professional Services under §§ SPS 321.125 or SPS
360, Wis. Adm. Code.
[Amended 4-2-2013 by Ord. No. A-446]
(2)
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.
(3)
Nonpoint discharges from agricultural facilities and practices.
(4)
Nonpoint discharges from silviculture activities.
(5)
Routine maintenance for project sites under 5 acres of land disturbance
if performed to maintain the original line and grade, hydraulic capacity
or original purpose of the facility.
(6)
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.
This chapter applies to land-disturbing construction activity
on construction sites located within the boundaries and jurisdiction
of the City of Lodi.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee that is designated by the Lodi Common
Council to administer this chapter.
Has the meaning in § 281.16(1), Wis. Stats.
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 City 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.
A division of a lot or parcel of land for the purpose of
transfer of ownership or of building development where the act of
division creates from one parcel five or more parcels or building
sites of 1.5 or fewer acres each in area 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 municipal
boundaries of the City of Lodi.
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.
City of Lodi Common Council.
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 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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Building Inspector 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 § 283.01(13), Wis. Stats.
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.
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 Building Inspector 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 § 281.01(18), Wis. Stats.
A.
Design criteria, standards and specifications. All BMPs required
to comply with this chapter shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Pub. WR-222, November 1993 revision.
(2)
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Ch. NR 151, Wis. Adm. Code.
(3)
For this chapter, 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 § 147-10, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 147-10 and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The plan required under Subsection A 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.
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 Building Inspector or City Engineer may
establish stormwater management requirements more stringent than those
set forth in this section if the Building Inspector or City Engineer
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 chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the City.
B.
Permit application and fees. The responsible party undertaking a land-disturbing construction activity subject to this chapter shall submit an application for a permit, an erosion and sediment control plan that meets the requirements § 147-10 and pay an application fee.
C.
Review and approval of permit application. The Building Inspector
shall review any permit application that is submitted with an erosion
and sediment control plan. The following approval procedure shall
be used:
(1)
Within 30 business days of the receipt of a complete permit application, as required by Subsection A, the Building Inspector shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(2)
If the permit application or plan is disapproved, the Building Inspector
shall state in writing the reasons for disapproval.
(3)
The Building Inspector may request additional information from the
applicant. If additional information is submitted, the Building Inspector
shall have 30 business days from the date the additional information
is received to inform the applicant that the plan is either approved
or disapproved.
(4)
Failure by the Building Inspector to inform the permit applicant
of a decision within 30 business days of a required submittal shall
not be deemed to mean approval of the submittal, and the applicant
may not proceed as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the City 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 Building Inspector within 48 hours of commencing any land-disturbing
construction activity.
(2)
Notify the Building Inspector of completion of any BMPs within 14
days of their installation.
(3)
Obtain permission in writing from the Building Inspector prior to any modification pursuant to § 147-10C 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 adjoining surfaces and
drainageways 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.
G.
Permit duration. Permits issued under this section shall be valid
for one year. The Building Inspector may extend the period one or
more times for up to one year. The Building Inspector may require
additional BMPs as a condition of the extension if they are necessary
to meet the requirements of this chapter.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this chapter.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the Building Inspector.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 147-8 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:
(a)
The name and address 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 the 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.
(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 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)
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 Building Inspector, 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 § 147-4B, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Building Inspector. 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.
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 Building Inspector or City Engineer notifies the applicant of
changes needed in the plan.
Required fees shall be set by the Lodi Common Council by resolution
and be paid at the time of application.
A.
The Building Inspector and other duly authorized employees of the
City or private contractors under contract with the City bearing proper
credentials and identification shall be permitted to enter all properties
for the purpose of inspection, observation, measurement, sampling
and testing in accordance with the provisions of this chapter.
B.
The Building Inspector and other duly authorized employees of the
City or private contractors under contract with the City bearing proper
credentials and identification shall be permitted to enter all properties
through which the City holds a duly negotiated easement for the purpose
of inspection, observation, measurement, sampling and testing in accordance
with the provisions of this chapter.
C.
If the Building Inspector or his/her designee has been refused access
to any part of the premises from which stormwater is discharged and
the Building Inspector and his/her designee have cause to believe
that there is a violation of this chapter, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this chapter or any order
issued hereunder, or to protect the overall public health, safety,
environment and welfare of the community, the Building Inspector,
or his/her designee, may seek issuance of a warrant from a court of
competent jurisdiction.
A.
The Building Inspector 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 Building
Inspector 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 Building Inspector, or if a responsible party violates a stop-work order posted under Subsection A, the Building Inspector may request the City Attorney to obtain a cease and desist order, or seek other enforcement measures, in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Building Inspector may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Building Inspector 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 Building Inspector, plus interest at the rate authorized by the City Council, shall be billed to the responsible party as a special charge. 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 it as a special charge against the property, as specified in § 66.0703, Wis. Stats.
F.
Compliance with the provisions of this chapter 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 injunctional proceedings.
The penalty for violation of any provision of this chapter shall be a penalty as provided in Chapter 1, § 1-3 of this Code. In any action to enforce this chapter, the fact that a permit shall have been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense. Each day of continued violation may constitute a separate offense.
A.
The Board of Appeals created pursuant to § 340-113A of the Code of the City of Lodi:
(1)
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the administration of this chapter except for cease and desist orders obtained under § 147-13.
(2)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Appeals to the Board. Appeals to the Board of Appeals may be taken
by any person aggrieved or by any office, department, board or bureau
of the City affected by any order, requirement, decision, or determination
of the administrating authority or other administrative official.
Such appeals shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the official whose decision
is in question, and with the Board of Appeals, a notice of appeal
specifying the reasons for the appeal. The administrating authority
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
C.
Decisions.
(1)
The final disposition of an appeal before the Board of Appeals shall
be in the form of a written decision, made within a reasonable time
after the public hearing and signed by the Board chairperson. Such
decision shall state the specific facts which are the basis of the
Board's determination and shall either affirm, reverse, or modify
the order, requirement, decision or determination appealed, in whole
or in part, or dismiss the appeal for lack of jurisdiction.
(2)
A copy of such decision shall be mailed to the parties in interest.
A.
The remedies listed in this chapter are not exclusive of any other
remedies available under any applicable federal, state or local law,
and the City may seek cumulative remedies.
B.
The City of Lodi may recover in full attorneys' fees, court
costs, and other expenses associated with enforcement of this chapter.
