[Adopted 3-13-2001 by Ord. No. 2001-03 (Ch. 38 of the 1961
Code)]
This article is adopted
by the Village Board under the authority granted it in § 61.354,
Wis. Stats.
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 Fox Point.
B.
Purpose. It is the purpose of this article 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.
This article applies to land-disturbing and land-developing
activities on land within the boundaries and jurisdiction of the Village
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 article if, at a minimum, such construction activities
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 article.
As used in this article, the following terms shall have the
meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A practice or combination of practices to control erosion
and attendant pollution.
The most recent edition of the Wisconsin Department of Natural
Resources Wisconsin Construction Site Best Management Practices Handbook.
Use of land for the retail or wholesale sale of goods or
services.
A best management practice used to meet the requirements of § 285-42.
A written description of the number, locations, sizes and
other pertinent information of best management practices designed
to meet the requirements of this article submitted by the applicant
for review and approval by the Village staff.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The construction, demolition, and/or redevelopment of buildings,
roads, parking lots, paved storage areas and similar facilities.
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, 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.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
uses of his land.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
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.[1]
|
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.
Make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, placing concrete or
gravel or other measure.
Employees of the Village of Fox Point authorized by the Village
Board to implement provisions of this article of the Village Code.
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage system and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
A calendar day, except Saturdays, Sundays, and Village-observed
holidays.
All best management practices required to comply with this article
shall be maintained by the applicant or subsequent landowner during
the period of land disturbance and development of the site in a satisfactory
manner to ensure adequate performance and to prevent nuisance conditions.
The standard for maintenance of best management practices shall be
set forth in the BMP Handbook or adopted by the Village.
All sedimentation basins and other best management practices
necessary to meet the requirements of this article 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. This section applies to the following sites of land
development, demolition, redevelopment, and/or land-disturbing activities:
(2)
Those requiring a certified survey approval or the construction of
houses or commercial, industrial or institutional buildings on lots
of approved certified surveys.
(3)
Those involving grading, removal of protective ground cover or vegetation,
excavation, land filling or other land-disturbing activity affecting
a surface area of 8,000 square feet or more.
(4)
Those involving excavation or filling, or a combination of excavation
and filling, affecting 800 cubic yards or more of dirt, sand or other
excavation or fill material.
(5)
Those involving street, highway, road or bridge construction, enlargement,
relocation or reconstruction.
(6)
Those involving the laying, repairing, replacing or enlarging of
an underground pipe or facility for a distance of 600 feet or more.
(7)
Those involving grading, removal of protective ground cover or vegetation,
excavation, demolition, land filling or other land disturbing activity
on slopes of 10% or more.
|
Note: Utility companies responsible for energy repair work should
enter into a "memorandum of agreement" with the Village Staff clearly
stating their responsibilities if their activities may be included
under any of the above applicability criteria.
|
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upslope 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. If the water is demonstrated
to have no particles greater than 100 microns during dewatering operations,
then no control is needed before discharge, except as determined by
the Village Staff. Water may not be discharged in a manner that causes
erosion of the site or receiving channels.
|
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 per minute), then an inclined or vertical
enlargement pipe (about eight inches in diameter for one gallon per
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 per 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 per 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 per minute), sediment basins (about
35 feet in diameter for a pumping rate of 10,000 gallons per 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 of and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(3)
Tracking. Each site shall have graveled roads, access drives and
parking areas, constructed as set forth in the BMP Handbook, to prevent
sediment from being tracked onto public or private roadways. These
areas shall be inspected and maintained 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)
Sediment cleanup. All off-site sediment deposits occurring as a result
of a storm event shall be cleaned up by the end of the next workday.
All other off-site sediment deposits occurring as a result of construction
activities shall be cleaned up by the end of that same workday. Clean
up shall be done by means of a "pick-up" type sweeper; flushing is
not allowed.
(6)
Site erosion control. The following criteria apply only to land development
or land disturbing activities that result in runoff leaving the site:
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(6)(c)[3]. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 foot per second across the disturbed area for the set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled
by meeting either of the following:
[1]
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 or covering, or other equivalent best management
practice.
[2]
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.
[3]
For sites with less than 10 acres disturbed at one time, filter
fences, straw bales, sediment traps, or equivalent best management
practices 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.
(d)
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 to 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.
(e)
When the disturbed area has been stabilized by permanent vegetation
or other means, temporary best management practices such as filter
fabric fences, straw bales, and sediment traps shall be removed.
A.
Permit application. No landowner or land user may commence a land
disturbance or land development activity subject to this article without
receiving prior approval of a control plan for the site and a permit
from the Village staff. 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 article shall submit an application
for a permit and a control plan and pay an application fee to the
Village staff. By submitting an application, the applicant is authorizing
the Village staff 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 covering
more than one acre.
(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, environmental corridors,
ditches and other watercourses on or within 500 feet of the site (Note:
The Village should identify sensitive local waters that may need to
be further addressed by the control plan.);
(c)
One-hundred-year floodplains, flood fringes and floodways;
(d)
Location of the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving; and
(h)
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
best management practices necessary to meet the requirements of this
article;
(d)
Schedule of anticipated starting and completion dates of each
land-disturbing or land-developing activity, including the installation
of construction site best management practices needed to meet the
requirements of this article; and
(e)
Provisions of maintenance of the construction site best management
practices during construction.
C.
Content of control plan statement for land disturbing activities covering less than one acre, but meeting the applicability requirements stated in § 285-42A. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of this article.
D.
Review of control plan. Within 45 days of receipt of the application,
control plan (or control plan statement) and fee, the Village staff
shall review the application and control plan to determine if the
requirements of this article are met. The Village Staff shall approve
the plan, inform the applicant and issue a permit. If the conditions
are not met, the Village staff shall inform the applicant in writing
and may either require needed information or disapprove the plan.
Within 30 days of receipt of needed information, the Village staff
shall again determine if the plan meets the requirements of this article.
If the plan is disapproved, the Village staff shall inform the applicant
in writing of the reasons for the disapproval.
E.
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 Village staff
may extend the period one or more times for up to an additional 180
days. The Village staff may require additional best management practices
as a condition of the extension if they are necessary to meet the
requirements of this article.
(2)
Surety bond. As a condition of approval and issuance of the permit,
the Village staff may require the applicant to deposit a surety bond
or irrevocable letter of credit to guarantee a good faith execution
of the approved control plan and any permit conditions.
(3)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the Village staff within 48 hours of commencing any land-disturbing
activity;
(b)
Notify the Village staff of completion of any best management
practices within 14 days after their installation;
(c)
Obtain permission in writing from the Village staff prior to
modifying the control plan;
(d)
Install all best management practices as identified in the approved
control plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
best management practices and other facilities identified in the control
plan;
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land-developing or disturbing activities;
(g)
Inspect the construction best management practices after each
rain of 0.5 inch or more and at least once each week make needed repairs;
(h)
Allow the Village staff 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
(i)
Keep a copy of the control plan on the site.
The Village Staff shall inspect construction sites at least
once a month during the period starting March 1 and ending October
31, and at least two times during the period starting November 1 and
ending February 28 to ensure compliance with the control plan. If
land-disturbing or land development activities are being carried on
without a permit, the Village staff shall enter the land pursuant
to the provisions of § 66.0119, Wis. Stats.
A.
Stop-work order. The Village Staff may post a stop-work order if:
B.
Revocation. If the permittee does not cease the activity forthwith upon posting of a stop-work order, the Village staff may revoke the permit, and the violator shall be subject to prosecution as provided in § 1-4 of the Village Code. Limited work, as approved by Village staff, may proceed for the limited purpose of correcting any violation, and violations shall be corrected within 10 days of the posting of a stop-work order. In the event of failure to correct the violation within 10 days, the Village staff may revoke the permit, and the violation shall be subject to prosecution under § 1-4 of the Village Code.
C.
Retraction of revocation. The Village Staff, or the Board of Appeals
upon appeal, may retract the stop-work order or the revocation.
D.
Right to cure violations. Ten 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 Villages intent to perform work necessary to comply
with this article. Village personnel may go on the land and commence
the work after 14 days from issuing the notice of intent. The costs
of the work performed by the Village, plus interest at the rate authorized
by the Village, shall be billed to the permittee or the landowner.
In the event a permittee or landowner fails to pay the amount due,
the Village Clerk/Treasurer shall enter the amount due on the tax
rolls and collect as a special assessment against the property pursuant
to § 66.0627, Wis. Stats.[1]
E.
Injunction. Compliance with the provisions of this article may also
be enforced by injunction.
Any person violating any of the provisions of this article shall be subject to a forfeiture as provided in § 1-4 of the Code of the Village of Fox Point. Each day a violation exists shall constitute a separate offense.
A.
Appeals. The Board of Appeals, created under § 745-36 of the Code of the Village of Fox Point, pursuant to §§ 62.23(7)(e) and 68.11, Wis. Stats, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Staff in administering this article. Upon appeal, the Board of Appeals may authorize variances from the provisions of this article which are not contrary to the public interest and where owning to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship. The Board of Appeals shall use the rules, procedures, duties and powers authorized by statute for zoning boards of appeals in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Any applicant, permittee, landowner, land user or
aggrieved party may appeal any order, decision or determination made
by the Village Staff in administering this article.
Fees referred to in this article shall be established by the
Village Board in a fee schedule and may, from time to time, be modified
by ordinance or resolution. Fees shall be related to costs involved
in handling permit applications, reviewing control plans, conducting
site inspections, and administering the erosion control program.
