[HISTORY: Adopted by the Village Board of the Village of
Belleville by Ord. No. 2004-04-03 (Title 10, Ch 13, of the 1994 Code). Amendments noted where applicable.]
A.
This chapter is adopted under the authority granted by §§ 61.34
and 61.354 and Ch. 236, Wis. Stats., and general home rule powers.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the Village Board.
C.
The Village Board hereby authorizes the Building Inspector, or the
Building Inspector's designee, and his or her designated agents
to oversee the administration and enforcement of the provisions of
this chapter.
D.
The requirements of this chapter are not intended to conflict with
or limit any additional requirements of this Code, any other federal,
state or local laws, stormwater permits issued by the Wisconsin Department
of Natural Resources under § 283.33, Wis. Stats., or the
Uniform Dwelling Code found in Chs. SPS 320 to 325, Wis. Adm. Code.
In the event that there may be multiple or conflicting requirements
or regulations, the more restrictive requirements shall apply consistent
with promoting the purposes of this chapter.
A.
Findings of fact. The Village Board finds that proper site grading
must be evaluated in a context broader than site by site and is essential
to maintain proper stormwater management and drainage planning, the
protection of water resources and the promotion of health, safety,
and general welfare of the community. Specifically, improper site
grading results in the misdirection of stormwater runoff which can:
(1)
Divert stormwater runoff away from appropriate control structures, such as detention or retention basins, drainageways, ditches or sewers, resulting in uncontrolled stormwater runoff which can contribute to the deleterious stormwater effects as listed in § 450-3A of this Code which are incorporated herein by reference.
(2)
Direct stormwater runoff onto an adjoining landowner's property,
resulting in decreased property values and enjoyment of the use of
that property.
(3)
Create and/or exacerbate flooding and erosion control problems that
the cumulative impacts of improper grading on specific sites can cause
for an entire drainage area.
(4)
Conflict with surface water drainage planning for a larger area such
as a subdivision, neighborhood or drainage basin.
(5)
Diminish the overall effectiveness of public stormwater management
planning and facilities in the Village.
B.
Purpose. The general purpose of this chapter is to set forth grading
requirements and encourage compliance with approved grading plans
in order to protect property values, promote proper area-wide drainage
patterns, maintain the effectiveness of public stormwater management
planning and facilities in the Village, and diminish threats to public
health, safety, welfare, and the aquatic environment due to changes
in stormwater drainage patterns resulting from substantial grading
activities.
Unless otherwise specified or the context clearly indicates a different meaning, the words, terms and phrases, when used in this chapter, shall have the meanings set forth in § 450-2 of this Code and as set forth below:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption.
The person designated by the Village Board as Building Inspector,
as well as any person to whom the Building Inspector delegates or
assigns certain responsibilities or functions under this chapter.
The point at which grading activities have ceased and the
site has been stabilized utilizing a stabilization practice in conformance
with the current version of the Wisconsin Construction Site Best Management
Practice Handbook as part of the permit.
Any human activity or constructed environment that alters
the elevations and/or extent and distribution of land cover types
on a site that may influence stormwater runoff and infiltration.
A.
Applicability. This chapter applies to any substantial grading activities, subsequent to the completion of all the grading required pursuant to § 600-24 of this Code, on any lands for which plats and/or certified survey maps are approved after the effective date of this chapter, unless otherwise specifically exempted as provided below.
B.
Exceptions. This chapter applies to all substantial grading activities
undertaken on platted lands within the boundaries of the Village unless
one of the following exceptions applies:
(1)
Grading associated with agricultural activities shall not be subject
to the requirements of this chapter.
(2)
If the substantial grading activity solely involves the planting of trees and/or other vegetation, the construction of flowerbeds, or the use or installation of other landscaping items or practices, the Building Inspector may waive the permit requirement if the proposed activity does not threaten to undermine the purposes of this chapter set forth in § 289-2.
A.
Permit required. No landowner or other person may undertake a substantial
grading activity subject to this chapter without receiving a grading
permit from the Building Inspector prior to commencing the proposed
activity.
B.
Permit application and fee. Any landowner or landowner's agent
desiring a grading permit shall first submit to the Building Inspector
a completed grading permit application. A permit application must
include the following in order to be considered complete:
C.
Review and approval of permit application. Within 30 calendar days of the receipt of a completed grading permit application, including all items as required by Subsection B of this section, the Building Inspector shall inform the applicant whether the application and grading plan are approved or disapproved, with or without conditions, based upon the requirements set forth in § 289-6.
(1)
If the application and plan are approved, the Building Inspector
shall issue the permit, with or without conditions. Any conditions
of approval shall be written on the permit.
(2)
If the application and plan are disapproved, the Building Inspector shall state the reasons for disapproval in writing. The applicant may revise the plan and submit additional information or may appeal the decision of the Building Inspector as provided in § 289-10.
(3)
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 denied.
(4)
If the Building Inspector has failed to notify the applicant that
the plan has been approved or denied within the time periods set by
this subsection, the permit shall be deemed approved.
D.
General permit conditions. All permits issued under this chapter are subject to the specific permit conditions attached as a condition of approval under Subsection C as well as the general conditions set forth below. The following general conditions are hereby deemed to be incorporated into all grading permits, whether or not expressly stated on the permit itself:
(1)
Compliance with the permit does not relieve the permit holder of
the responsibility to comply with other applicable federal, state
and local laws and regulations.
(2)
The permit holder shall perform all substantial grading in accordance
with the approved grading plan and shall comply with all the terms
and conditions of the permit.
(3)
If work on the substantial grading activity does not commence within
60 days of permit issuance, the permit holder shall notify the Building
Inspector at least two business days before commencing any work in
conjunction with the grading plan. The permit holder shall notify
the Building Inspector within five business days upon completion of
site stabilization. The permit holder shall permit property access
to representatives of the Village for the purpose of inspecting the
property for compliance with the approved grading plan and this permit.
(4)
Completed grading practices must be in accordance with the approved
grading plan, permit, and ordinances. The permit holder is required
to submit a certificate of completion on a form provided by the Village
which certifies the completion of site stabilization and of the permitted
work all in accordance with the approved grading plan and permit.
This certificate must be signed by the permit holder.
(5)
The permit holder shall notify the Building Inspector of any significant
modifications it intends to make to an approved grading plan. The
Building Inspector may require that the proposed modifications be
submitted for approval prior to incorporation into the grading plan
and execution.
(6)
If the permit holder fails to fully comply with the terms and conditions of the permit, the Village shall provide the permit holder with written notice of noncompliance via certified mail. If the permit holder fails to remedy the situation to the satisfaction of the Building Inspector within 30 days following the receipt of the notice of noncompliance, by acceptance of the permit the permit holder authorizes the Building Inspector to enter onto the site in order to perform any work or operations necessary to bring grading measures into conformance with the approved grading plan. The permit holder further consents to a special charge against the property as authorized under § 66.0627, Wis. Stats., and/or, at the Village's option, to charging such costs against the deposit posted under § 289-7.
E.
Permit duration. Permits issued under this section shall be valid
from the date of issuance as noted thereon and continuing for one
year thereafter. All work, including submitting the certification
of compliance, shall be completed within this date, unless the permittee
obtains a written extension from the Building Inspector.
A.
Plan requirements. The grading plan required under § 289-5B shall contain, at a minimum, the following information:
B.
Previously approved plan. If a grading plan for the site, such as
a subdivision grading plan, has already been approved by the Village
as part of another approval process, the applicant may submit that
existing plan for review to determine whether it fulfills the requirements
of this chapter.
C.
Grading plan standards. All grading plans approved by the Village
will comply with the following standards:
(1)
All grading plans must comply with any approved grading plan (such
as a subdivision grading plan) applicable to the area subject to the
substantial grading activities.
(2)
Minimum ground slopes from lower-level exposures shall be a minimum
of two-percent slope away from the building and/or the lowest foundation
opening or floor elevation exposed to surface water intrusion shall
be a minimum of 24 inches above any regional and localized flooding,
unless the applicant proposes and implements a reasonable engineering
practice designed to mitigate the effects of altered drainage following
a substantial drainage activity.
D.
Village to provide datums and bench marks. The Village will provide
bench marks and datums wherever reasonably required.
The applicant for a grading permit shall provide a deposit in
the form of cash, corporate check, or a certified check made payable
to the Village prior to the issuance of the grading permit. The purpose
of the deposit is to ensure that the terms and conditions of the grading
permit are satisfactorily performed. The amount of the deposit shall
be determined by a schedule as periodically approved by the Village
Board. The amount of the deposit shall be refunded to the applicant
within five business days after either of the following events occurs:
A.
The Village receives a certificate of completion signed by the permit holder, as required by § 289-5D(4), certifying that the grading plan has been fully complied with and implemented and that site stabilization has been achieved; or
B.
The responsibility for compliance with the grading plan has been
assigned to and assumed by another entity or person via written assignment
on a form provided by the Village and a new deposit has been made
by the successor or assignee to replace the initial deposit.
An applicant wishing to undertake a substantial grading activity
subject to this chapter shall pay an application fee at the time of
submission of the application in accordance with a fee schedule as
periodically approved by the Village Board.
If any violations or noncompliance with the requirements of this chapter occurs, all the enforcement and penalty provisions of § 450-11I and J are available to the Village and are incorporated herein by reference. In addition, when the Building Inspector determines that the permit holder has failed to follow practices set forth in the permit and/or approved grading plan, the Building Inspector may enter upon the land and perform the work or other operations necessary to obtain compliance. The Building Inspector shall keep a detailed accounting of the direct and indirect costs and expenses incurred in performing such work. These costs and expenses may be deducted from any deposit made pursuant to § 289-7. Where such deposit is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property pursuant to § 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.
A.
Zoning Board of Appeals. The Zoning Board of Appeals created under § 20-2 of this Code pursuant to § 62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector in administering this chapter. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.
B.
Variances. The Zoning Board of Appeals may authorize variances from
the provisions of this chapter which are not contrary to the public
interest and where owing to special conditions a literal enforcement
of this chapter will result in unnecessary hardship.
C.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any officer, department, or board of
the Village affected by any decision hereunder.
