[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 10, Ch. 8, of the Benton Code of Ordinances. Amendments
noted where applicable.]
This chapter is adopted under the authority granted by §§ 61.34(1),
61.35, 61.354, 62.23 and 236.45, Wis. Stats.
The Village of Benton finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposit in waters located within or near the Village of Benton. It is, therefore, declared to be the purpose of this chapter to control, and where 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 Benton. This chapter is in accordance and consistent with Chapter 390, Zoning, of the Code of the Village of Benton.
The purpose of this chapter is to promote the public health,
safety, prosperity, and general welfare of the citizens of the Village
of Benton, and to conserve the soil, water, and related resources
through the control of erosion, sedimentation and water runoff. This
chapter is applicable to all building and land disturbing sites.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations, ordinances, or permits previously
adopted or issued pursuant to law. However, wherever this chapter
imposes greater restrictions, the provisions of this chapter shall
govern.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirement
or interpretation shall control.
This chapter shall become effective 45 days after date of publication
(July 16, 1992). After that date, all land-disturbing activities shall
be in compliance with all provisions of this chapter.
The following terms, wherever they appear in this chapter, are
defined as follows:
Alterations or disturbances of land for the commercial production
of food and fiber, including, but not limited to, general farming,
livestock and poultry enterprises, grazing, nurseries, horticulture,
viticulture, truck farming, sod production, cranberry production and
wild crop harvesting, and including land used for on-site structures
necessary for carrying out such activities. Commercial forestry activities
are not included within agricultural land uses for purposes of this
chapter.
The total area drained by the Coon Branch Creek or the total
area drained by any of its tributaries, exclusive of any other drainage
area.
For the retail or wholesale sale of goods or services.
A written description of the control measures (including
the number, locations, sizes and other pertinent information) designed
to meet the requirements of the chapter.
The boundary and extent of area under the jurisdiction of
a municipal corporation. The corporate limits are extended or reduced
by annexation and detachment, respectively.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and including the conditions
resulting therefrom.
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 moved by man or woman to a new location and including the conditions
resulting therefrom.
The planting, management or harvesting of timber.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof, and including the land from which the material was taken
or upon which it was placed.
The Village Board of the Village of Benton.
The construction or installation of any buildings, roads,
parking lots, paved storage areas, utility lines or similar facilities.
Any man-made 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 person holding title to or having an ownership 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 gives them
the 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, or its agent, 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 contiguous 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 a site 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.
All disturbed ground, soil or dirt storage piles that have
been contained on site by filter barriers, fences, straw bales or
other control measures.
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 subdivision of a basin, all of which drains to a single
identifiable location.
The Village of Benton.
The person or a representative hired, appointed or retained
by the Village Board to routinely provide public works services, building
inspection or engineering services for the Village.
Any element in a water drainage system which is made or improved
by man or woman.
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.
A.
Within the Village. Unless specifically excluded herein, this chapter
applies to all land-disturbing and land-developing activities occurring
within the corporate limits of the Village.
B.
Within the extraterritorial area. This chapter shall apply outside the Village limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., but only to those land-disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats.
C.
Exclusions. The following activities are generally excluded from
coverage under this chapter:
(1)
State-funded or conducted activities that are subject to the State
Site Erosion Control and Stormwater Runoff Plan;
(2)
Agricultural land uses as defined in this chapter, and quarries,
except where the Village agent determines that erosion or runoff from
such agricultural or quarry uses is likely to occur which will threaten
watercourses or other environmentally sensitive areas unless control
measures are taken;
(3)
Small land-disturbing activities such as gardens, minor landscaping
modifications, and minor repair of sidewalks, paths or driveways,
except where the Village, or its agent, determines that erosion or
runoff is likely to occur which will threaten watercourses or other
environmentally sensitive areas unless control measures are taken.
D.
Construction sites regulated under the Wisconsin Uniform Dwelling
Code ("UDC"); once a UDC building permit has been pulled, the Village
of Benton shall regulate these sites according to § SPS
321.125, Wis. Adm. Code. Prior to receiving the UDC permit, such sites
shall be regulated by this chapter.
Unless otherwise specified herein, all control measures required to comply with this chapter shall meet the design criteria, standards and specification for the control measures based on accepted design criteria, standards and specifications periodically established by the United States Natural Resources Conservation Service, Wisconsin Department of Natural Resources or otherwise identified as acceptable by the Village agent. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply. In certain cases, the design criteria, standards, specifications and control measures may be modified by the Village Board as provided in § 350-14.
All control measures necessary to meet the requirements of this
chapter shall be maintained by the landowner and/or land user, and/or
permittee in a manner consistent with this chapter to ensure adequate
performance and to prevent nuisance conditions during the period of
land disturbance and land development or for such longer period of
time as specified in the permit. If the Village accepts a public dedication
of a control measure, then the Village will physically maintain the
measure unless otherwise agreed in writing. The method of payment
of any or all of the maintenance costs may be determined by the Village
Board, as appropriate.
The erosion and runoff controls specified below apply to the
following sites of land-development or land-disturbing activities:
A.
Those sites requiring certified survey map approval or subdivision or land division plat approval under Chapter 371, Land Division, of the Code of the Village of Benton;
B.
Those sites involving the construction of buildings or other improvements
on lots of approved certified surveys, land division plats or subdivision
plats;
C.
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 in excess of 4,000 square feet or involving
a slope of greater than 12%, except for agricultural activities;
D.
Those sites involving excavation or filling, or combination of excavation
and filling, involving 400 cubic yards or more of dirt, sand or other
excavation or fill material;
E.
Those sites involving any street, highway, road, or bridge construction,
enlargement, relocation or reconstruction;
F.
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;
G.
Those sites involving the changing, enlargement, dredging or other
alteration to any watercourse;
H.
Those other situations where the Village or its agent determines
that erosion or runoff is likely to occur unless control measures
are taken.
A.
Minimum standards. At a minimum, the erosion and runoff control standards listed below must be met on all sites described in § 350-11, Applicability. Additional or more stringent control standards may be required in those situations where the Village, or its agent, determines that special circumstances due to topography, proximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards.
B.
Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins or other equivalent control measures. Such sedimentation
basins shall have a depth of at least three feet, be surrounded by
a four-foot high snow fence or equivalent barrier, and have sufficient
surface area to provide a surface settling rate of not more than 1,500
gallons per square foot per day at the highest dewatering pumping
rate. Water may not be discharged in a manner that causes erosion
of the site, a neighboring site, or the bed or banks of the receiving
water.
C.
Waste and material disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials) shall be disposed of in accordance with the
Code of the Village of Benton, and not allowed to be carried by runoff
into a receiving channel or storm sewer system.
D.
Tracking. Each site shall have a graveled entrance pad of sufficient
width and length to prevent sediment from being tracked into public
or private roadways. Sediment reaching a public or private road shall
be immediately removed by street cleaning (not hydraulic flushing).
E.
Channelized runoff. Channelized runoff from adjacent areas passing
through the site shall be diverted around disturbed areas, if practical,
as determined by the Village agent.
F.
Sequenced activities. All activities on the site shall be conducted
in such a sequence as to minimize the area of bare soil exposed at
any one time and the amount of soil leaving the site.
G.
Stabilize disturbed ground. All disturbed ground and soil or dirt
storage piles shall be contained on the site by filter barriers or
other suitable means. The containment measures shall be installed
at a time established by the reviewing authority. The containment
measures shall remain in place until the site is stabilized, as may
be determined by the Village agent.
H.
Rooftop drainage. All drainage from the rooftops of new construction
shall be directed to pervious surfaces, unless proven to be unfeasible,
in order to maximize infiltration.
I.
Filter fences, straw bales on slopes. Filter fences, straw bales,
or equivalent control measures shall be placed continuously along
all sideslope and downslope sides of the slope where deemed appropriate
by the reviewing authority. If a channel or area of concentrated runoff
passes through the site, filter barriers shall be placed continuously
along the channel edges to reduce sediment reaching the channel.
A.
Additional compliance. In addition to the minimum control standards set forth in § 350-12 above, all sites involving land divisions, subdivisions or certified survey maps (where the land divisions, subdivisions or certified survey maps involve either five or more acres or create five or more lots or building sites), or all sites where five or more acres are disturbed at a time, shall meet the added control requirements listed below. The permittee and/or landowner and/or land user is responsible for obtaining compliance with the control requirements.
B.
Drain inlet protection. Affected storm drain inlets shall be protected
with a straw bale, filter fabric, or equivalent barrier meeting accepted
design criteria, standards and specifications, as determined by the
Village agent.
C.
Sedimentation control measures. Where required by the Village agent,
sedimentation basins or equivalent sediment control measures shall
be constructed and maintained for the duration of the land-disturbing
activity, or longer, if so provided in the permit. Sedimentation basins
shall be constructed in accordance with accepted design standards,
as approved by the Village agent. The total sedimentation basin surface
area shall provide a surface settling rate of not more than 1,500
gallons per square foot per day for a five-year, twenty-four-hour
storm from the entire drainage area which will discharge to the basin
during development conditions. The calculation of the water runoff
rate shall be determined by methods as periodically set forth in the
current edition of United States Natural Resources Conservation Service
Technical Release No. 55. Sedimentation basin depth shall be at least
three feet and all sedimentation basins shall be surrounded by a four-foot
high snow fence or equivalent barrier. The basin discharge rate shall
also be sufficiently low, as determined by the Village agent, so as
to not cause erosion along the discharge channel or the receiving
water. The permittee shall periodically remove sediment from the basin
so as to maintain a depth of at least three feet at all times. This
control requirement also applies to any site, regardless of size,
if a channel originates in the disturbed area.
D.
Water runoff measures (on site and off site).
(1)
All water runoff control measures shall require approval of the Village
agent. Control measures may include, but are not limited to, infiltration
basins, detention ponds, and swales. No water runoff control measure
will be allowed that would result in a temporary pond with a depth
greater than two feet, unless such a pond is fenced or caged and is
located and/or landscaped so as not to detract from the attractiveness
or value of any surrounding property.
(2)
The Village may require or accept public dedication or water runoff
control measures. When such dedication is required, or accepted, the
dedicated land may also be suitable for parkland or recreational use.
Once dedicated and accepted, the Village shall maintain the runoff
control measures as necessary to adhere to this chapter and any other
applicable laws or contracts. The potential costs of maintaining proposed
runoff control measures will be among the criteria considered in both
accepting or rejecting an entire erosion and runoff control plan,
and in determining whether or not to require or accept dedication
to the Village of any or all runoff control measures. In the event
that the Village does not require dedication of any water runoff control
measures, the continued maintenance and recovery of the costs for
maintenance of such measures shall be assured through such means as
deed restrictions, easements, assessments or a contract with the Village.
E.
On-site measures.
(1)
In addition to the general provisions stated above, the following
standards apply to on-site water runoff control measures. On-site
water runoff control measures shall be designed to prevent reduction
in the value of any surrounding property. Factors that will be considered
in preventing devaluation of surrounding property include, but are
not limited to, location, landscaping, and safety. The peak rate of
runoff leaving the site during or after disturbance of the land shall
not exceed that of the pre- or undisturbed condition under the following
four minimum standards:
(a)
Based on a one-hundred-year, twenty-four-hour design storm in
order to prevent increases in floodplain elevations;
(b)
Based on a ten-year, twenty-four-hour design storm to prevent
exceeding the capacity of storm sewers;
(c)
Based on a two-year, twenty-four-hour design storm to help control
streambank erosion;
(d)
Location and design of runoff control measures shall take into
consideration soil types, slopes, and existing groundwater conditions
in the area, in order to avoid property damage due to increased elevations
of groundwater or due to soil saturation.
(2)
As a general rule, all on-site water runoff control measures shall
be constructed prior to, or simultaneously with, the land-disturbing
activities from which the water runoff is to be controlled. However,
if the use of off-site control measures is under consideration, but
the design and/or location of the possible off-site measures have
not yet been determined by the Village, then the Village may allow
the permittee to proceed with the land-disturbing activities prior
to the construction of off-site runoff control measures, provided
that the permittee preserves an area or areas on site deemed suitable
by the Village agent for the construction of on-site water runoff
control measures if that becomes necessary. The specifics of this
preservation shall be set forth in the permit or approved plan.
F.
Off-site measures. When the Village Board determines, based on a drainage study conducted and prepared by a qualified professional engineer, that off-site water runoff control measures best serve the interests of the public and the environment, then the Board may allow or require off-site water runoff control as a condition of approval of a land-disturbance permit. When off-site water runoff control is permitted or required as specified in the above subsection, prior to final approval by the Board, the permit applicant shall obtain written permission from any and all property owners who would experience increases in the amount of water runoff entering their land from a two-, ten-, or one-hundred-year, twenty-four-hour design storm or whose property is threatened by virtue of additional soil saturation. The Village Board will act on behalf of any and all affected public lands, public drainageways, storm sewers or other public waterways, will grant written permission for off-site runoff control only in those cases where the standards set forth in Subsections C and E above have been met. All off-site runoff control measures shall be constructed prior to, or simultaneously with, the land-disturbing activities from which the water runoff is to be controlled.
A.
Where basin (or subbasin) study applies. The control standards set forth in §§ 350-12 and 350-13 above are intended to apply in typical situations and in those areas where no detailed basin or (subbasin) drainage study or erosion control and runoff plan has been approved by the Village Plan Commission and Board. When a site is included within an area for which a Village-approved study or plan exists, then the Village Board, at its discretion, may require that control standards set forth in the approved study or plan shall apply, in whole or in part, in lieu of the standards set forth in this section, whether more restrictive or less restrictive, provided that the study or plan sets forth detailed erosion control and runoff standards which, in the opinion of the Village agent, will afford protection equal or superior to those otherwise required by this chapter. All other provisions of this chapter shall continue to apply.
B.
Where special circumstances exists. The control standards set forth
above are intended to apply on a typical development site in the Benton
area. When land-disturbing or land-development activity is proposed
for a site with extraordinary features, then the Village may, at its
discretion, require additional and/or more restrictive control standards
and measures before any control plan is approved or permit is issued.
Extraordinary sites include, but are not limited to, sites where land-disturbing
or development activities are proposed to occur on slopes of more
than 20%, in designated floodplain, wetland, or conservancy areas
or in environmental corridor areas identified in the Village Master
Plan.
Notwithstanding any other provisions of this chapter, it shall be a violation of this chapter for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in §§ 350-20, 350-21 and 350-22. Erosion and runoff is excessive when, in the opinion of the Village, or its agent, an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Benton is otherwise threatened or harmed.
A.
Activity by person other than the Village. No landowner or land user, other than the Village of Benton, may commence a land-disturbance or land-development activity subject to this chapter without receiving prior Village approval of a control plan and a permit as provided in §§ 350-17 to 350-19. At least one landowner or land user desiring to undertake a land-disturbing or land-developing activity subject to this chapter shall apply for a permit and submit a control plan along with such other information as may be requested by the Village Clerk-Treasurer, Village Board or Plan Commission, and pay an application fee to the Village Clerk-Treasurer. By applying for a permit, the applicant is authorizing the Village agent to enter the site to obtain information required for the review of the control plan and to inspect for compliance with the control plan.
B.
Activity by Village of Benton. Before the Village of Benton, or its
authorized agents or employees, commences any land-disturbance or
land-development activity subject to this chapter, there shall be
an approved control plan in place. No permit or fees are required
for Village activity.
C.
Emergency situations. Notwithstanding the above, a private landowner
(with prior notification of the Village) or the Village may commence
land-disturbing activity without an approved control plan where immediate
action is necessary in order to respond to an existing or threatened
emergency situation. When such emergency activity is undertaken, care
will be taken to comply with the erosion and runoff control standards
set forth in this chapter to the fullest extent practicable under
the circumstances.
A.
Major land-disturbing activities: content of the control plan. Major land-disturbing activities include those where the land disturbance involves one or more acres, or where a subdivision (as defined in Ch. 236, Wis. Stats.) is created, or where the Village agent determines that special circumstances due to topography, proximity to watercourses or relation to environmentally sensitive lands make the disturbance a major one. The control plan for a major land-disturbing activity shall include at least the following information:
(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 and adjacent lands which accurately identify
site location;
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site;
(c)
One-hundred-year floodplains, flood fringes and floodways;
(d)
Location or the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns which may affect the site, continuing at least to
the nearest perennial stream (small-scale map may be used if necessary);
(g)
Locations and dimensions of utilities, structures, roads, highways
and paving;
(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 map showing the planned site changes.
(3)
Site construction plan. A site plan including:
(a)
Locations and dimensions of all proposed land-disturbing activities;
(b)
Locations and dimensions of all site management control measures
necessary to meet the requirements of this chapter;
(c)
Schedule of anticipated starting and completion date of each
land-disturbing or land-developing activity, including the installation
of site control measures needed to meet the requirements of this chapter;
(d)
Provisions for maintenance of the site control measures during
and after land-disturbing activities.
(4)
Additional information. Such other information as the Village agent
deems necessary, including, but not limited to, supporting calculations
for sizing site control measures.
|
(NOTE: Natural Resources Conservation Service guidelines to
be following in this chapter are contained in Natural Resources Conservation
Service Technical Release No. 55 and in United States Department of
Agriculture publication, "Minimizing Erosion in Urbanizing Areas,"
Appendix A.)
|
B.
Minor land-disturbing activities: content of control plan statement.
Minor land-disturbing activities are all those activities other than
those deemed to be major land-disturbing activities. For minor land-disturbing
activities an erosion control plan (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 chapter.
C.
UDC compliance. Structures under the jurisdiction of the Uniform
Dwelling Code (UDC) shall comply with any erosion control requirements
therein.
A.
Major land-disturbing activities. Control plans for major land-disturbing
activities must be reviewed and approved by the Village agent before
a permit can be granted. Within 30 days of receipt of a completed
control plan, the Village agent shall determine if the requirements
of this chapter are met and shall approve, reject or conditionally
approve the control plan. If the plan is rejected or conditionally
approved, the applicant shall be informed, in writing, of the reasons
for rejection or conditions of approval.
B.
Minor land-disturbing activities. Control plan statements for minor
land-disturbing activities shall be reviewed by the Village agent
for compliance with this chapter in accordance with the Erosion Control
Checklist on file in the Village office and incorporated herein as
Appendix A established by the Village agent and approved by the Village
Board.[1] This compliance checklist is for use by the Village agent
and applicant/permittee in connection with minor land-disturbing activities.
The Village agent shall approve, reject or conditionally approve the
plan within the same number of working days as required for issuance
of a building permit, but in no event more than three working days
after receipt of the completed control plan statement. If the control
plan statement is rejected or conditionally approved, the applicant
shall be informed, in writing, of the reasons for rejection or conditions
of approval.
[1]
Editor's Note: Appendix A, Erosion Control Checklist, is on
file in the Village offices.
C.
Major fees. Before any permit will be issued for a major land-disturbing activity, the applicant must pay the actual fees or expenses incurred by the Village in connection with review of the control plan and the fees or expenses estimated to be incurred for on-site inspection during the project. All fees shall be set by the Village by resolution. Where plat or certified survey map review fees are paid pursuant to Chapter 371, Land Division, of the Code of the Village of Benton for the same project covered by the proposed land-disturbing activity permit, then the application fee will be waived. Where the application fee is waived, the applicant must still pay engineering and inspection fees and expenses, however, such fees and expenses shall not be duplicative of any engineering or inspection fees paid in connection with plat or certified survey map approval.
D.
Minor fees. The application fee for a minor land-disturbing activity
permit shall be set by the Village by resolution. Where a building
permit fee is paid in connection with the same activity, then no additional
fee need be paid in order to obtain the necessary land-disturbing
activity permit.
A.
Duration. All land-disturbing activity permits, whether major or
minor, shall be valid for a period of one year from the date of issuance.
All work must be completed prior to expiration of the permit. If land-disturbing
activity, minor or major, is to continue beyond the expiration of
the permit, then reapplication and review pursuant to this chapter
is required.
B.
Major activity permit requirements. All major land-disturbing activity
permits shall require the permittee to do at least the following:
(1)
The applicant shall provide, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the Village in an amount equal to 125% of the estimated cost of all required control measures as determined by the Village agent. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village agent assures that all required control measures have been completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approved control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of the plat or certified survey map conditions of approval, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 371, Land Division.
(2)
Contact the Village Clerk-Treasurer upon completion of any control
measures and at least two working days prior to commencing any land-disturbing
activity.
(3)
Obtain written permission from the Village agent prior to modifying
the control plan. The Village agent is authorized to permit only those
modifications that comply with the terms of this chapter.
(4)
Install all control measures as identified in the approved control
plan.
(5)
Maintain all control measures as identified in the control plan.
(6)
Repair any damage adjoining surfaces and drainageways resulting from
any land-developing or land-disturbing activities on the permitted
site.
(7)
Inspect the control measures after each rain of 0.5 inch or more
and at least once each week, and make needed repairs immediately.
(8)
Allow the Village agent 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.
(9)
Keep a copy of the approved control plan on the site with the contractor
or owner.
C.
Minor activity permit requirements. All minor land-disturbing activity
permits shall require the permittee to:
(1)
Obtain permission, in writing, from the Village agent prior to modifying
the control plan. The Village agent is authorized to permit only those
modifications that comply with the terms of this chapter.
(2)
Install all control measures as identified in the approved control
plan.
(3)
Maintain all control measures as identified in the control plan.
(4)
Repair any damage to adjoining surfaces and drainageways resulting
from any land-developing or land-disturbing activities on the permitted
site.
(5)
Inspect the control measures after each rain of 0.5 inch or more
and at least once each week and make needed repairs immediately.
(6)
Allow the Village agent 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.
In the case of minor land-disturbing activities, the Village
agent shall inspect sites in order to ensure compliance with the control
plan and permit. The Village agent shall inspect all major land-disturbing
activities in order to ensure compliance with the control plan and
permit. If land-disturbing or land-development activities are being
carried out without a valid permit, the Village agent may enter the
land pursuant to the special inspection warrant provisions of § 66.0119,
Wis. Stats.
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 below.
This chapter shall be enforced consistent with the policies
and purposes underlying its adoption. The following enforcement actions,
or any combination thereof, may be taken in case of a violation of
this chapter:
A.
Stop-work order.
(1)
A stop-work order may be issued by the Village agent if:
(2)
Stop-work orders may be retracted when compliance with this chapter
is obtained. The Village agent has the authority to retract a stop-work
order for major land-disturbing activities; the Village agent, and
his or her designees, may retract stop-work orders on minor land-disturbing
activities.
B.
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
24 hours from issuance of the stop-work order. Permits for major land-disturbing
activities may be revoked by the Village agent; permits for minor
land-disturbing activities may be revoked by the Village agent.
C.
Village to perform work.
(1)
Twenty-four hours 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 of the landowner or pursuant
to court order, the Village agent and/or other designated Village
officials or agents, may go on the land and commence the work.
(2)
When a violation of this chapter or of the conditions of a permit
cause sediment to deposit on any Village street or public property,
the Village agent and/or other designated Village officials or agents
may proceed to remove and/or clean such sediment.
(3)
The cost of the work performed by the Village pursuant to Subsection C(1) or (2) above, plus interest, shall be billed to the permittee or the landowner on whose property the work under Subsection C(1) was performed, or from whose activities or property the sediment originated for work under Subsection C(2), or may be recovered out of any security posted for such purpose. In the event 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 as a special assessment against the property pursuant to § 66.0703, Wis. Stats.
D.
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.
E.
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.
Any person violating any provision of this chapter shall be subject to forfeitures as follows: for major land-disturbing activities, not less than $200 nor more than $2,000, plus the actual cost of prosecution for each offense; for minor land-disturbing activities, not less than $50 nor more than $500, plus the actual cost of prosecution for each offense. Each day a violation exists shall constitute a separate offense. Citations for any violation of any provision of this chapter may additionally be issued by the Village agent, and such citations shall be in conformance with the provisions of § 29-3, Forms of citations, of the Code of the Village of Benton. Without limitation by enumeration, a violation of this chapter is occurring if any of the following conditions exists:
A.
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 fee
set by the Village by resolution must accompany any appeal or variance
request involving a minor land-disturbing activity. A fee set by the
Village by resolution must accompany any appeal or variance request
involving a major land-disturbing activity. 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.
B.
Appeal by citizens. An appeal of any order, decision, determination
or inaction of the Village in administering or enforcing this chapter
may be commenced upon the filing of a petition signed by 12 adult
residents of the Village and payment of a fee as established by the
Village Board from time to time. The appeal must be filed with the
Village Clerk-Treasurer and must 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 working days
of its filing, if any, with the Village. The filing of a citizen appeal,
by itself, does not prohibit the commencement or continuation of any
work or activity.[1]
C.
Appeal deadline. Appeals by applicants, permittees or citizens must
be filed within 45 days of the order, decision, determination or inaction
being appealed.
D.
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 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 Board of Appeals may allow additional
parties to join a pending appeal where appropriate and where such
addition will not delay the proceedings.
A.
The Zoning Board of Appeals shall hear and decide all variance requests
and appeals in accordance with the provisions of § 62.23(7)(e),
Wis. Stats., and this chapter. Where provisions may conflict, the
more stringent shall apply. The Board of Appeals shall grant only
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 Village agent has been presented with
satisfactory proof, and the Zoning Board of Appeals so concurs, that
the variance will achieve compliance results comparable to those set
forth in this chapter.
B.
Appeals or variance requests shall be heard and decided 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 Board
of Appeals.
Pursuant to § 68.16, Wis. Stats., the Village Board
elects that the procedures for administrative review of decisions
set forth in this chapter shall apply in lieu of the procedures of
the Wisconsin Municipal Administrative Procedure Act.
