Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 7-13-2016 by Ord. No. O-2016-12.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 205.
Stormwater management — See Ch. 400.
Subdivision of land — See Ch. 410.
[1]
Editor's Note: This ordinance also repealed former Ch. 209, Construction Site Erosion Control, adopted 6-13-2012 by Ord. No. O-2012-21 (§ 22.03 of the 1998 Code), as amended.
A. 
This chapter is adopted under the authority granted by § 61.354, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this chapter and to any amendments to this chapter.
B. 
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Village of Bellevue hereby designates the Public Works Director or designee to administer and enforce the provisions of this chapter.
D. 
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
(3) 
Section SPS 321.125, Wis. Adm. Code.
The Village of Bellevue finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Bellevue.
It is the purpose of this chapter to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the Village of Bellevue.
A. 
Applicability.
(1) 
This chapter applies to the following land-disturbing construction activities except as provided under Subsection A(2) of this section:
(a) 
A construction site which has 4,000 square feet or greater of land-disturbing construction activity.
(2) 
This chapter does not apply to the following:
(a) 
Land-disturbing construction activity that includes the construction of and additions to one- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one acre of disturbance. These construction sites are regulated by the Wisconsin Department of Safety and Professional Services under § SPS 321.125, Wis. Adm. Code.
(b) 
A construction project that is exempted by federal statutes or regulations from the requirement to have a National Pollutant Discharge Elimination System permit issued under 40 CFR 122 for land-disturbing construction activity.
(c) 
Nonpoint discharges from agricultural activity areas.
(d) 
Nonpoint discharges from silviculture activities.
(3) 
Notwithstanding the applicability requirements in Subsection A(1) of this section, this chapter applies to construction sites of any size if the Community Development Director or Public Works Director determines that permit coverage is needed in order to improve ordinance compliance, meet targeted performance standards, or protect waters of the state.
(4) 
Land-disturbing activities involving municipally bid construction shall be administered and enforced by the Director of Public Works, following all rules and regulations as provided in this chapter.
B. 
Jurisdiction. This chapter applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the Village of Bellevue, as well as all lands located within the extraterritorial plat approval jurisdiction of the Village of Bellevue, even if plat approval is not involved.
C. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village of Bellevue to administer this chapter.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Village of Bellevue is routinely and customarily open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
A development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments. A long-range planning document that describes separate construction projects, such as a twenty-year transportation plan, is not a common plan of development.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. The TR-55, Type II, twenty-four-hour design storms for the Village of Bellevue are: one-year, 2.2 inches; two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches; twenty-five-year, 4.4 inches; and one-hundred-year, 5.3 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other land uses and associated roads.
DIVISION OF LAND
The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first-, second- or third-class city or within 1.5 miles of a fourth-class city or village.
FINAL STABILIZATION
All land-disturbing construction activities at the construction site have been completed and 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.
GOVERNING BODY
The Village Board of Trustees of the Village of Bellevue, Brown County, Wisconsin.
LAND-DISTURBING CONSTRUCTION ACTIVITY (OR DISTURBANCE)
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of pollutants into the municipal separate storm sewer or waters of the state. "Land-disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues, such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Public Works Director or designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
PROTECTIVE AREA
Has the meaning given in § 400-46C(4) of Chapter 400, Article IV, Post-Construction Stormwater Management.
RESPONSIBLE PARTY
Any entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.
RUNOFF
Stormwater or precipitation, including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITIES
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the Community Development Director, Director of Public Works or designee which requires that all construction activity on the site be stopped.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area where additional practices beyond those contained in this chapter, are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this chapter. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
A. 
Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:
(1) 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(2) 
Soil loss prediction tools such as the Revised Universal Soil Loss Equation 2 (RUSLE2) that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards contained in § 209-7.
(3) 
For this chapter, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the "R factor," or an equivalent design storm using a Type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
B. 
Other standards. Other technical standards not identified or developed in Subsection A of this section may be used, provided that the methods have been approved by the Community Development Director or Director of Public Works.
A. 
Nonpermitted sites.
(1) 
Responsible party. The landowner of the construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs is a responsible party and shall comply with this chapter.
(2) 
Requirements. At each site where land-disturbing construction activity is to occur, BMPs shall be used to prevent or reduce all of the following:
(a) 
The deposition of soil from being tracked onto streets by vehicles.
(b) 
The discharge of sediment from disturbed areas into stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of on-site chemicals, cement and other building compounds and materials into waters of the state or off-site separate storm sewers during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this chapter.
(3) 
Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state and off-site separate storm sewers. However, projects that require BMP placement in waters of the state, such as a turbidity barrier, are not prohibited by this chapter.
(4) 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(a) 
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(b) 
Erosion and sediment control practices shall be maintained until final stabilization.
(c) 
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(d) 
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
(5) 
Alternate requirements. The Village of Bellevue may establish erosion and sediment control requirements more stringent than those set forth in this chapter if the Village of Bellevue determines that an added level of protection is needed to protect resources.
B. 
Permitted sites.
(1) 
Responsible party. The landowner or other person performing services to meet the performance standards of this chapter, through a contract or other agreement with the landowner, is a responsible party and shall comply with this chapter.
(2) 
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 209-9. The erosion and sediment control plan shall meet all of the applicable requirements contained in this chapter.
(3) 
Requirements. The erosion and sediment control plan shall meet all of the following:
(a) 
The plan shall use BMPs to prevent or reduce all of the following:
[1] 
The deposition of soil from being tracked onto streets by vehicles.
[2] 
The discharge of sediment from disturbed areas into stormwater inlets.
[3] 
The discharge of sediment from disturbed areas into adjacent waters of the state.
[4] 
The discharge of sediment from drainageways that flow off the site.
[5] 
The discharge of sediment by dewatering activities.
[6] 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
[7] 
The discharge of sediment from erosive flows at outlets and in downstream channels.
[8] 
The discharge of on-site chemicals, cement and other building compounds and materials into waters of the state or off-site separate storm sewers during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this chapter.
[9] 
The discharge of untreated wash water from vehicle and wheel washing into waters of the state or off-site separate storm sewers.
(b) 
For sites with one acre or more of land-disturbing construction activity, the plan shall meet the following sediment performance standards:
[1] 
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
[2] 
Except as provided in § 209-7B(3)(a)[6], the Public Works Director or Community Development Director may not require any person to employ more BMPs than are needed to meet the sediment performance standard of five tons per acre per year in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The Director of Public Works may give credit toward meeting the sediment performance standard for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
[3] 
Notwithstanding § 209-7B(3)(a)[1] and [2], if BMPs cannot be designed and implemented to meet the sediment performance standard of five tons per acre per year, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c) 
The plan shall incorporate all of the following preventative measures:
[1] 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
[2] 
Minimization of soil compaction and preservation of topsoil.
[3] 
Minimization of land-disturbing construction activity on slopes of 20% or more.
[4] 
Development of spill prevention and response procedures.
(4) 
Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state and off-site separate storm sewers. However, projects that require BMP placement in waters of the state, such as a turbidity barrier, are not prohibited by this chapter.
(5) 
Implementation. The BMPs used to comply with this chapter shall be implemented as follows:
(a) 
In accordance with the plan developed pursuant to § 209-9, the erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(b) 
Erosion and sediment control practices shall be maintained until final stabilization.
(c) 
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(d) 
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
(6) 
Targeted performance standards. The Public Works Director may establish numeric water quality requirements that are more stringent than those set forth in § 209-7B(3)(a) in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
(7) 
Alternate requirements. The Public Works Director may establish erosion and sediment control requirements more stringent than those set forth in this section if the Public Works Director determines that an added level of protection is needed to protect resources. Also, the Public Works Director may establish erosion and sediment control requirements less stringent than those set forth in this section if the Public Works Director determines that less protection is needed to protect resources. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under Ch. NR 151, Wis. Adm. Code.
A. 
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Community Development Director upon approved plans by the Public Works Director or designee.
B. 
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 209-9 and shall pay an application fee as set forth by resolution approved annually by the Village of Bellevue to the Village. By submitting an application, the applicant is authorizing the Community Development Director or designee to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Review and approval of permit application. The Community Development Director or designee shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
(1) 
Within 10 business days of the receipt of a complete permit application, as required by Subsection B of this section, the Community Development Director or designee shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(2) 
If the permit application and plan are approved, the Community Development Director or designee shall issue the permit.
(3) 
If the permit application or plan is disapproved, the Community Development Director or designee shall state, in writing, the reasons for disapproval.
(4) 
The Community Development Director or designee may request additional information from the applicant. If additional information is submitted, the Community Development Director or designee shall have 10 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5) 
Failure by the Community Development Director or designee to inform the permit applicant of a decision within 10 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D. 
Surety bond. As a condition of approval and issuance of the permit, the Community Development Director or designee may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
E. 
Permit requirements. All permits shall require the responsible party to:
(1) 
Notify the Community Development Director or designee within 48 hours of commencing any land-disturbing construction activity.
(2) 
Notify the Community Development Director or designee of completion of any BMPs within five business days after their installation.
(3) 
Obtain permission, in writing, from the Community Development Director or designee prior to any modification pursuant to § 209-9C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in weekly inspection reports.
(7) 
Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of 0.5 inch or greater. Repair or replace erosion and sediment control BMPs as necessary within 24 hours of an inspection or notification that repair or replacement is needed. Maintain, at the construction site, weekly written reports of all inspections. Weekly inspection reports shall include all of the following: date, time and location of the construction site inspection; the name of individual who performed the inspection; an assessment of the condition of erosion and sediment controls; a description of any erosion and sediment control BMP implementation and maintenance performed; and a description of the present phase of land-disturbing construction activity at the construction site.
(8) 
Allow the Community Development Director or designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.
(9) 
The permit applicant shall post the Building Permit Hard Card in a conspicuous location at the construction site.
F. 
Permit conditions. Permits issued under this section may include conditions established by the Community Development Director or designee in addition to the requirements set forth in Subsection E of this section, where needed to assure compliance with the performance standards in § 209-7.
G. 
Permit duration. Permits issued under this section 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 Community Development Director or designee may extend the period one or more times for up to an additional 180 days. The Community Development Director or designee may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
I. 
Alternate requirements. The Community Development Director, Public Works Director or designee may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.
A. 
Plan requirements. The erosion and sediment control plan required under § 209-7B shall contain, at a minimum, the following information:
(1) 
Name, address, and telephone number of the landowner and responsible parties.
(2) 
A legal description of the property proposed to be developed.
(3) 
A site map with property lines, disturbed limits, and drainage patterns.
(4) 
Total area of the site and total area of the construction site that is expected to be disturbed by construction activities.
(5) 
Performance standards applicable to site.
(6) 
Proposed best management practices.
(7) 
Determination of soil loss according to § 209-7C(1).
B. 
Amendments. The applicant shall amend the plan if any of the following occur:
(1) 
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
(2) 
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The Community Development, Director, Public Works Director or designee notifies the applicant of changes needed in the plan.
C. 
Alternate requirements. The Community Development Director or designee may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.
The fees referred to in other sections of this chapter shall be established by the Village of Bellevue and may from time to time be modified by resolution. A schedule of the fees established by the Village Board shall be available for review in the Village offices or on the website.
If land-disturbing construction activities are being carried out without a permit required by this chapter, the Community Development Director or designee may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
A. 
The Community Development Director or designee may post a stop-work order if any of the following occurs:
(1) 
Any land-disturbing construction activity regulated under this chapter is being undertaken without a permit.
(2) 
The erosion and sediment control plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
B. 
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Community Development Director or designee may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Community Development Director, or if a responsible party violates a stop-work order posted under Subsection A of this section, the Community Development Director or designee may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
D. 
The Board of Appeals may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the Community Development Director or designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Community Development Director or designee may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Community Development Director, plus interest at the rate authorized by the Village Board, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
F. 
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.
G. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
A. 
Board of Appeals. The Board of Appeals created pursuant to Article XXXVII, Administration and Enforcement, of the Village's Zoning Ordinance, pursuant to § 61.354(4)(b), Wis. Stats.:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village of Bellevue in administering this chapter, except for cease and desist orders obtained under § 209-12C;
(2) 
Upon appeal, 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 the provisions of this chapter will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the Village of Bellevue affected by any decision of the Village of Bellevue in administering this chapter.