A.
This article applies to all construction sites within the jurisdiction
of the City involving sites with land-disturbing construction activity
of one acre or more, or sites less than one acre if they are part
of a larger common plan of development or sale under the control of
the permittee.
B.
This article does not apply to the following:
(1)
Stormwater discharges from projects directed and supervised by the
Wisconsin Department of Transportation in accordance with Wis. Adm.
Code § NR 216.42(5).
(2)
Agriculture. Stormwater discharges from planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or yarding of livestock, including sod farms and tree nurseries are
not regulated by this subchapter. This exemption does not include
the construction of structures such as barns, manure storage facilities
or barnyard runoff control systems.
(3)
Stormwater discharges from silviculture activities, including tree
nursery operations, tree harvesting operations, reforestation, tree
thinning, prescribed burning, and pest and fire control are not regulated
by this subchapter. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
(4)
Mill and crush operation. If construction activity does not result
in land-disturbing construction activity including a mill and crush
operation that does not have soil disturbance, filling or road shoulder
grading, the activity is not regulated under this subchapter.
(5)
Routine maintenance. Routine maintenance for project sites that involve
under five acres of land-disturbing construction activity that is
performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the facility is not regulated under this subchapter.
A.
Erosion control and stormwater management permit required. Any person
desiring to undertake a construction activity subject to this chapter
shall obtain an erosion control and stormwater management permit from
the City prior to the commencement of the land-disturbing construction
activity. The permit can be issued as part of a City building permit
for the project site or where there is no building permit it can be
issued as a separate permit.
B.
Application requirements. Any person desiring to obtain an erosion
control and stormwater management permit shall submit the following
information:
(1)
An erosion control plan meeting the requirements of Wis. Adm. Code
§ NR 216.46 and the applicable performance standards in
Wis. Adm. Code § NR 151.11 for construction sites (or § NR
151.23 for transportation facility sites).
(2)
A stormwater management plan meeting the requirements of Wis. Adm.
Code § NR 216.47 and the applicable performance standards
in Wis. Adm. Code §§ NR 151.121 to NR 151.128 for construction
sites (or §§ NR 151.24 to NR 151.249 for transportation
facility sites).
(4)
A plan to manage solid waste on construction sites such as discarded
building materials, concrete truck washout, chemicals, litter and
sanitary waste to reduce adverse impacts from stormwater runoff.
(5)
Applicable permit fees set by the City.
C.
Review and approval of permit application. The City's designee
shall review any erosion control and stormwater management permit
in accordance with the following procedures.
(1)
Within 14 working days from the date the City of Rice Lake receives
the application, the City shall inform the applicant whether the application
materials are approved or disapproved based on the requirement of
this chapter.
(2)
If all the requirements of this chapter have been met, the City shall
approve the application and issue a permit. If all the requirements
of this chapter have not been met, the City shall state in writing
the reasons for disapproval. In the case of disapproval, if the applicant
reapplies within 30 calendar days from the disapproval notification
date, with a revised application, an additional review fee will not
be administered and the City will have 14 working days to respond
to the revised application.
(3)
If within the 14 working day application review period, the City
determines that the application is incomplete, or requests additional
information from the applicant, the City shall have 14 working days
from the date the additional information is received to review and
act on the application.
(4)
Failure of the City to inform the applicant of missing information
or of a decision within the 14 working days shall be deemed to mean
approval of the application and the applicant may proceed as if a
permit had been issued.
D.
Standard permit conditions.
(1)
The erosion control plan components shall be implemented prior to
the start of any land-disturbing activity and shall be maintained
over the duration of the project. Stormwater components of the plan
shall be maintained for the life of the project.
(2)
The permittee is responsible for successful completion of the erosion
control plan and the stormwater management plan. The permittee shall
be liable for all costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(3)
Application for a permit shall constitute express permission by the
permittee and landowner for the City's designee to enter the
property for purposes of inspection to determine compliance with this
chapter.
(4)
All incidental mud-tracking off-site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
(5)
A copy of the approved permit and erosion control plan shall be kept
on the project site, in a place readily accessible to contractors,
engineers, City inspection staff and other authorized personnel.
(6)
The permittee shall perform required inspections of the construction
site and also of the post construction site following construction
and perform the repairs and/or maintenance required in accordance
with Wis. Adm. Code § NR 216.48(4).
(7)
The permittee shall provide the City notice if there is a material change in design, construction, operation, or maintenance at the construction site which has not otherwise been addressed in the erosion control and stormwater management plans. In such a case, an amendment to the permit shall be requested under Subsection F of this section.
E.
Permit transfers.
(1)
When a permittee transfers ownership, possession or control of real
estate subject to either or both an uncompleted erosion control or
stormwater management plan, the successor in interest to any portion
of the real estate shall be responsible to control soil erosion and
runoff and shall comply with the minimum standards provided in this
article; and the permittee shall notify the new owner of this obligation.
(2)
Transfers of interest in real estate subject to an approved but uncompleted
plan may be conducted consistent with this article under any of the
following arrangements:
(a)
The transferee files a new, erosion control or stormwater management
plan, or both to be approved by the City.
(b)
The transferee obtains an approved assignment from the City
as sub-permittee to complete that portion of the approved plan regulating
soil erosion and runoff on the transferee's property.
F.
Plan or permit amendments.
(1)
Any proposed modifications to approved plans, construction schedules
or alterations to accepted sequencing of land disturbing site activities
shall be approved by the City engineer in consultation with the plan
review agency prior to implementation of said changes. This may require
an updated plan or modeling depending on the extent of the change.
(2)
The City shall approve or disapprove these changes after the revised
information is received from the applicant, but in no case shall the
review process extend beyond 14 working days.
G.
Request for a variance.
(1)
An applicant may include in the application a request for a variance
from the requirements of subchapter.
(2)
No variance shall be granted unless the applicant demonstrates and
the City finds that all of the following conditions are present:
(a)
Enforcement of the standards set forth in this article will
result in unnecessary hardship to the landowner;
(b)
The hardship is due to exceptional physical conditions unique
to the property;
(c)
Granting the variance will not adversely affect the public health,
safety or welfare, nor be contrary to the spirit, purpose and intent
of this article;
(d)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(e)
The net cumulative effect of the variance will not impact downstream
conditions; and
(f)
Existing regional facilities are shown to meet the performance
standards of this chapter.
A.
Any permittee subject to an erosion control and stormwater management
permit shall conduct site inspections in accordance with Wis. Adm.
Code § NR 216.48(4).
B.
Application for a permit under this article shall constitute permission
by the applicant and landowner for the City to enter upon the property
and inspect during the construction phase as necessary to confirm
compliance with the requirements of this article.
C.
As part of the plan approval process, the City shall determine the
minimum number of City inspections required to ensure compliance.
A.
Notice of installation and City review.
(1)
Within 10 days after installation of all practices in an approved
erosion control plan and achievement of soil stabilization, the permittee
shall notify the City engineer. The City shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
(2)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the City. The
City engineer shall inspect the property to verify compliance within
10 days of notification.
B.
Certification of competition. At the time in which land-disturbing
construction activities at the construction site have been completed
the permittee shall provide a certification including the following:
(1)
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.
(2)
All stormwater improvements were constructed substantially in conformance
with the design plans, specifications, and modeling as applicable
and that the temporary erosion control BMPs have been removed.
A long-term maintenance agreement shall be required for all
permanent stormwater BMPs installed to comply with the requirements
of this chapter. The long-term maintenance agreement shall, at a minimum,
contain the following information and provisions:
A.
Ownership. Identification of the owner(s) of the land parcel(s) where
the stormwater BMP(s) is located.
B.
Long-term maintenance plan. A description of all long-term maintenance
activities that will likely be required for each BMP included in the
agreement, and an estimated time interval between each activity;
C.
Access. Authorization for vehicle access, including a minimum fifteen-foot
wide access easement dedicated to the City, to allow for future BMP
maintenance work.
D.
Maintenance responsibility. Identification of the person(s), organization,
municipality or other entity responsible for long-term maintenance
of the stormwater BMP.
E.
Inspections shall be performed by the responsible party. The responsible
party shall maintain a log of inspection activities.
F.
Municipal maintenance. Authorization for the local municipality or
their designee to carry out any maintenance activities and associated
inspections if the entity does not perform the required activity within
the specified time period or if the local municipality does not accept
the work conducted by the designated entity;
G.
Special assessment. A statement that the applicable local unit of government may exercise their statutory authority to levy and collect a special assessment or charge pursuant to Sub Ch. VII of Ch. 66, Wis. Stats., for any services carried out.
H.
Recording. Upon certification of compliance by the City of Rice Lake,
an abridged long-term maintenance agreement shall be recorded with
the County Register of Deeds referencing any plat, certified survey
or other ownership transfer device pertaining to land which contains
the subject stormwater BMP or is subject to maintenance responsibility
in the approved agreement. For new land divisions, the recording of
the long-term maintenance agreement shall occur simultaneously with
the recording of the land division. However, no stormwater BMP long-term
maintenance agreement shall be recorded prior to City of Rice Lake
approval.
