[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-17. Amendments noted where applicable.]
The title of this chapter is "Erosion Control." The purpose
of this chapter is to promote the public health, safety, prosperity
and general welfare of the citizens of the Town of Pacific and to
conserve the soil, water and related resources; to prevent and control
erosion and sedimentation; to prevent and control water pollution;
to protect spawning grounds, fish and aquatic life; to control building
sites, placement of structures and land uses; to control exceedance
of the safe capacity of existing drainage facilities and receiving
water bodies; to prevent undue channel erosion; to control scouring
and transportation of particulates and to prevent conditions that
endanger downstream property. This chapter repeals and replaces any
previously adopted Town ordinance as to those matters that are provided
for in this chapter.
The Town Board of the Town of Pacific has the general authority
under its Town powers to adopt this chapter pursuant to §§ 60.10
and 61.34, Wis. Stats.
The Town finds that urbanizing land uses, including runoff from
construction sites, have accelerated the process of soil erosion,
runoff and sediment deposition in the waters of the Town and the state.
It is, therefore, declared to be the policy of this chapter to protect
water quality and provide for the control and, if possible, the prevention
of soil erosion, and thereby to preserve the natural resources, control
floods and prevent impairment of dams and reservoirs, protect the
tax base, and protect and promote the health, safety and general welfare
of the people of the Town.
This chapter applies to the use of lands within the political boundaries of the Town, except lands which are exempted as per § 429-6 of this chapter.
A.
AGRICULTURAL LAND USE
CONSTRUCTION SITE
DIVISION OF LAND
EROSION (SOIL EROSION)
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION
FILL
FINAL STABILIZATION
GOVERNING BODY
GRADING
IMPERVIOUS SURFACE
LAND-DISTURBING ACTIVITIES OR USES
LAND TREATMENT MEASURES
LAND USERS
LANDOWNER
MAXIMUM EXTENT PRACTICABLE or MEP
ORDINARY HIGH-WATER MARK
PARCEL
PERFORMANCE STANDARD
PERMIT
PERSON
POLLUTANT
POLLUTION
POST-CONSTRUCTION SITE
PUBLIC LANDS
RESPONSIBLE PARTY
RUNOFF
SEDIMENT
SEDIMENTATION
SOIL LOSS
STOP-WORK ORDER
STORMWATER MANAGEMENT PLAN
STRUCTURAL MEASURES
SUBSTANDARD LOTS
TECHNICAL STANDARD
TOWN ENGINEER
The following definitions are applicable to this chapter:
The use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
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.
The meaning provided in Chapter 440, Land Division and Subdivision.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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 shall include the
conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by human forces to a new location, and shall include the
conditions resulting therefrom.
Means that all land-disturbing construction activities at
the construction site have been completed and that a uniform perennial
vegetative cover has been established, with a density of at least
70% of the cover, for the unpaved areas and areas not covered by permanent
structures, or to employ equivalent permanent stabilization measures.
The Town of Pacific Plan Commission and Town Board.
Altering the elevation of the land surface by stripping,
excavating, filling or stockpiling of soil materials, or any combination
thereof, and shall include the land from which the material was taken
or upon which it was placed.
An area that releases as runoff all or a large portion of
the precipitation that falls on it, except for frozen soil. Rooftops,
sidewalks, driveways, parking lots and streets are examples of areas
that typically are impervious.
Any land alterations or disturbances which may result in
soil erosion, sedimentation and/or the increase in runoff, including
but not limited to tilling, removal of ground cover, grading, excavating
and filling of land, except that the term shall not include such minor
land-disturbing activities as home gardens and repair and maintenance
of driveways. Additionally, this term does not include agricultural
land uses if such are regulated at the federal, state or county level.
Structural or vegetative practices (including fencing), or
combinations of both, used to control erosion, sediment and water
runoff.
Persons who use land, individually or collectively, as owners,
operators, lessees, renters, occupiers, who are providing a service
that requires access or alterations of the land in order to perform
the service, or by other arrangement which gives them the responsibility
of private or public land use.
Any person holding title to or having any interest in land.
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.
Has the meaning given in § NR 115.03(6), Wis. Adm.
Code.
All contiguous lands under the ownership or control of a
landowner or land user.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
The signed, written statement issued under this chapter authorizing
the applicant to engage in general land-disturbing uses specified
and for a specified period of time.
Any individual, corporation, limited liability company, partnership,
joint venture, agency, unincorporated association, municipal corporation,
county or state agency within Wisconsin, the federal government, and
other legally recognized entity, or any combination thereof.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Includes contaminating or rendering unclean or impure the
waters of the state, or making the same injurious to public health,
harmful for commercial or recreational use, or deleterious to fish,
bird, animal or plant life.
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
All lands which are subject to regulation by the Town, including,
but not limited to:
Any person performing services to meet the performance standards
of this chapter through a contract or other agreement.
The portion of rainfall, melted snow or irrigation water
that flows across the ground surface and eventually is returned to
lakes or streams, creeks or other watercourses.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice, and has come to rest on the earth's surface
at a different site.
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 because of
a decrease in the velocity of the water.
Soil movement from a given site because of land-disturbing
activities or by the forces of erosion and redeposited at another
site on land or in a body of water.
A means of giving notice that the Town Engineer believes
that any landowner, land user and/or responsible party has violated
one or more provisions of this chapter or that a land-disturbing activity
is occurring without a control plan being approved and a permit being
issued. Notice is given both by posting upon the lands where the land-disturbing
activity occurs one or more copies of a written notice stating the
violation and by mailing a copy of the notice by certified mail to
landowner, land user, and/or responsible party at the appropriate
address shown on the permit.
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone final stabilization
following completion of the construction activity.
Works of improvement for land stabilization to prevent erosion,
sediment or runoff, which include, but are not limited to, gully control
structures, fencing, grass waterways, riprap, detention basins, sediment
basins, flood retention dams, diversions, lining channels with rock,
concrete or other materials. Contour strip cropping is not a structural
measure.
Parcels that do not conform to one or more of the dimensional
requirements set forth in the Columbia County Zoning Ordinance.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device
or method.
The professional engineer designated by the Town Board or
Town Plan Commission to administer this chapter, and includes any
other persons who are supervised by the Engineer.
B.
Interpretation. Words used in the present tense include the future;
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory and not
directory.
Exemptions. The following activities are exempt from this chapter:
A.
Construction projects that are 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.
B.
Any activity directly related to the planting, growing or harvesting
of crops, including gardening on residential lots.
C.
Routine project site or highway maintenance by a government body
if performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the facility.
[Amended 4-20-2021 by Ord. No. 2021-1]
D.
Single-family residential dwelling construction with land disturbance
on lots greater than 3/4 acre in size, which were created and zoned
for residential use (R-1 zoning only) prior to August 23, 2012. This
exception shall not apply to substandard lots in the Town of Pacific,
any accessory building larger than 3,000 square feet in building area,
or lots within the Columbia County Shoreland-Wetland Overlay.
[Amended 4-20-2021 by Ord. No. 2021-1]
E.
Placement of underground cable using horizontal directional boring.
[Added 6-20-2023 by Ord. No. 2023-4]
A.
General requirement. Any landowner, land user, and/or responsible
party who undertakes, begins, commences or performs land-disturbing
activities or who permits another person to do the same on land subject
to this chapter shall be subject to the provisions of this chapter.
B.
Land-disturbing activities subject to erosion and sediment control.
Land-disturbing activities on public or private lands shall be subject
to the erosion and sediment control provisions of this chapter, if:
(1)
An area of 4,000 square feet or greater will be disturbed by excavation,
grading, filling or other earthmoving activities, resulting in the
loss or removal of protective ground cover or vegetation;
(2)
Excavation, fill, or any combination thereof, will exceed 1,000 cubic
yards or more of dirt, soil or other excavation or fill material;
(3)
Any public (federal, state or local) street, road or highway is to
be constructed, enlarged, relocated or reconstructed;
(4)
Any watercourse is to be changed, enlarged or materials are removed
from stream or lake beds;
(5)
Any proposed land use by a unit of government or by public or private
utilities in which underground conduits, cables, piping, wiring, waterlines,
sanitary sewers or storm sewers will be laid, repaired, replaced or
enlarged, if such use involves more than 300 linear feet of trenching
or earth disturbance;
(6)
Any subdivision of land which requires plat approval or any certified
survey;
(7)
Any land-disturbing activity is to occur on slopes greater than 15%;
(8)
A land-disturbing activity within a Town road right-of-way; or
(9)
Any land-disturbing activity is to occur where the Town Engineer
determines that erosion is likely unless a control plan is developed.
D.
Compliance with this section. The landowner, land user, and/or responsible party shall comply with this section by following the procedure of § 429-10 and receiving from the Town Engineer written approval of the control plan and a permit before commencement of any land-disturbing activities on lands subject to control under this section.
Any landowner, land user, and/or responsible party who permits excessive erosion of his/her land and sedimentation on adjacent land, public streets or bodies of water from land not otherwise subject to this chapter shall be deemed in violation of this chapter and subject to the penalties provided in § 429-14. Erosion is excessive if sedimentation of adjacent land, waterways, lakes and streams occurs or if the public health, safety or general welfare of the citizens of the Town is harmed. This section applies equally to any landowner, land user and/or responsible party who allows erosion of adjacent land due to uncontrolled runoff emanating from his/her land.
A.
Effect of compliance. Compliance with the standards and criteria
of this section shall not bar a nuisance action or other civil action
brought by any injured public or private party for damage to property
upon which the erosion directly occurred or to property or other rights
which were damaged by erosion, sedimentation or runoff.
B.
Standards for construction site erosion and sediment control for
land-disturbing activities. The Town Engineer shall not approve plans
nor issue any permit required by this chapter for land-disturbing
activities unless erosion and sedimentation during and after the land-disturbing
activity will not exceed that which would have been eroded if the
land had been left in its undisturbed state on an average annual basis.
All BMPs required to comply with this chapter shall meet the design
criteria, standards and specifications based on any of the following:
(1)
Applicable design criteria, standards and specifications identified
in the WDNR Technical Standards. Technical standards can be found
on the WDNR website at: http://dnr.wi.gov/topic/stormwater/standards/const_standards.html.
(2)
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under subch. V of
Ch. NR 151, Wis. Adm. Code.
(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.
D.
Standards for protective areas.
(1)
"Protective area" means an area of land that commences at the top
of the channel of lakes, streams and rivers, or at the delineated
boundary of wetlands, and that is the greatest of the following widths,
as measured horizontally from the top of the channel or delineated
wetland boundary to the closest impervious surface. However, in this
paragraph, "protective area" does not include any area of land adjacent
to any stream enclosed within a pipe or culvert, such that runoff
cannot enter the enclosure at this location.
(a)
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in § NR 103.04, Wis. Adm. Code: 75 feet.
(b)
For perennial and intermittent streams identified on a United
States Geological Survey 7.5-minute series topographic map or a county
soil survey map, whichever is more current: 50 feet.
(c)
For lakes: 50 feet.
(d)
For highly susceptible wetlands: 75 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with § NR 103.08(lm), Wis. Adm. Code. This paragraph does
not apply to wetlands that have been completely filled in accordance
with all applicable state and federal regulations. The protective
area for wetlands that have been partially filled in accordance with
all applicable state and federal regulations shall be measured from
the wetland boundary delineation after fill has been placed.
(e)
For less susceptible wetlands: 10% of the average wetland width,
but no less than 10 feet nor more than 30 feet. Less susceptible wetlands
include degraded wetlands dominated by invasive species such as reed
canary grass.
(2)
The following requirements shall be met:
(a)
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
(b)
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions.
[1]
Nonvegetative materials, such as rock riprap, may be employed
on the bank as necessary to prevent erosion, such as on steep slopes
or where high velocity flows occur.
[2]
It is required that seeding of nonaggressive vegetative cover
be used in the protective areas. Vegetation that is flood- and drought-tolerant
and can provide long-term bank stability because of an extensive root
system is preferable. Vegetative cover can be measured using the Line
Transect Method described in the University of Wisconsin Extension
publication number A3533, titled "Estimating Residue Using the Line
Transect Method".
(c)
Best management practices such as filter strips, swales or detention
basins that are designed to control pollutants from nonpoint sources
may be located in the protective area.
(3)
Standards for protective areas, as defined within this chapter, do
not apply to:[2]
(a)
Redevelopment post-construction sites.
(b)
Structures that cross or access surface waters, such as boat
landings, bridges and culverts.
(c)
Structures constructed in accordance with § 59.692(lv),
Wis. Stats.
(d)
Post-construction sites from which runoff does not enter the
surface water, except to the extent that vegetative ground cover is
necessary to maintain bank stability. A vegetated protective area
to filter runoff pollutants from post-construction sites described
in this subsection is not necessary since runoff is not entering the
surface water at that location. Other practices necessary to meet
the requirements of this section, such as a swale or basin, will need
to be designed and implemented to reduce runoff pollutants before
the runoff enters a surface water of the state.
E.
Standard for tracking. The Town Engineer shall neither approve any
plan nor shall the Town Clerk issue a permit for any land-disturbing
activity under this chapter unless satisfied that adequate provisions
are made to prevent the tracking or dropping of dirt or other materials
from the site onto any public or private street.
F.
Design criteria, engineering standards and general principles. The
applicant for a permit may employ any structural or nonstructural
measures believed to be necessary to achieve all applicable standards
set out in this chapter. However, the Town Engineer is required to
evaluate these measures to determine that they follow currently accepted
design criteria and engineering standards. The following general principles
shall be used by the Town Engineer when evaluating control plans and
granting permits under this chapter:
(1)
The smallest practical area of land shall be exposed at any given
time during development.
(2)
Such minimum area exposure shall be kept to as short a duration of
time as is practicable.
(3)
Temporary vegetation, mulching or other cover shall be used to protect
areas exposed during development.
(4)
Provision shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development according to the standards contained in this chapter.
(5)
Permanent, final plant covering or structures shall be installed
as soon as possible.
(6)
The plan of development shall relate to the topography and soils
of the site so that the lowest potential for erosion is created.
(7)
Natural plant covering shall be retained and protected and shall
be deemed a dominating factor in developing the site.
A.
Permit required; procedure and fee. Unless specifically exempted
from this chapter, no landowner, land user, and/or responsible party
may undertake a land-disturbing activity subject to this chapter without
receiving a permit from the Town Engineer prior to commencing the
proposed activity. Each landowner, land user, and/or responsible party
desiring to undertake a regulated activity subject to this chapter
shall submit to the Town Engineer an application for a permit together
with the appropriate fee required by this chapter.
[Amended 1-17-2017 by Ord. No. 2017-3]
B.
Reimbursable services agreement required and escrow.
[Amended 4-16-2013 by Ord. No. 2013-2; 1-17-2017 by Ord. No. 2017-3]
(1)
Unless specifically exempted by this chapter, at the time of application
every applicant shall be required to sign a reimbursable services
agreement or predevelopment agreement supplied by the Town. The agreement
shall provide that permits may be withdrawn if fees and charges owed
to the Town are not timely paid and shall provide that the Town may
collect delinquent fees as a special charge under § 66.0627,
Wis. Stats., or through any other means provided by law.
(2)
Once the completed application has been submitted, the Town Engineer
shall prepare an estimate of the Town's review and inspection fees
relating to that proposed erosion control project. The applicant shall
then be advised of the amount of that estimate and an amount equal
to 120% of the estimated review and inspection fees shall then be
deposited in an escrow account to be used toward payment of the Town's
review fees. If the amount held in that escrow account falls below
25% of that estimate, the Town Engineer may require that the escrow
account be replenished to cover the Town Engineer's estimate of the
remaining review inspection fees.
C.
Control plan required.
[Amended 1-17-2017 by Ord. No. 2017-3]
(1)
Unless specifically exempted by this chapter, every applicant for
a permit under this chapter shall develop and shall submit a plan
to control erosion and sedimentation which would result from the proposed
activity ("control plan"), which shall be reviewed and approved or
disapproved by the Town Board or its designee prior to issuance of
the permit.
D.
Contents of the control plan. The control plan shall contain such
information which the Town Engineer may reasonably need to determine
soil erosion, sedimentation, and runoff control (if applicable). The
Town Engineer may require the following, as well as any other information
which, in the judgment of the Engineer, is needed to evaluate the
control plan:
(1)
A map of the site location at a scale of not smaller than one inch
equals 100 feet, showing the location of predominant soil types and
the existing vegetative cover.
(2)
A topographic map of the site location with a maximum of two-foot
contour intervals, including enough of the contiguous properties to
show existing drainage patterns and watercourses that may affect or
be affected by the proposed development of the site and also show
the site boundaries. Scale of not less than one inch equals 100 feet
is to be used.
(3)
A plan of the site at a scale of not smaller than one inch equals
100 feet, showing:
(a)
Name, address and telephone number of the land occupier, along
with the name and telephone number of the party responsible for maintaining
erosion control structures.
(b)
Limits of natural floodplain(s), based on a one-hundred-year
flood, if any.
(c)
A schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area of land-disturbing activity prior to the completion of effective
measures for erosion and sediment control.
(d)
Proposed topography of the site location with a maximum of two-foot
contour intervals, showing:
[1]
Location of proposed land-disturbing activity, proposed disturbance
of protective cover, any proposed additional structure on the site,
areas to be seeded or mulched, areas to be vegetatively stabilized
and areas to be left undisturbed.
[2]
Elevations, dimensions, locations of all proposed land-disturbing
activities including where topsoil will be stockpiled so that topsoil
will not contribute to erosion and sedimentation.
[3]
The finished grade, stated in feet horizontal to feet vertical,
of cut and fill slopes.
[4]
Kinds of utilities and proposed areas of installation.
[5]
Proposed paved and covered areas in square feet or to scale
on a plan map.
[6]
Makeup of proposed surface soil (upper six inches) on areas
not covered by buildings, structures or pavement. Description shall
be in such terms as original surface soil, subsoil, sandy, heavy clay
or stony.
[7]
Proposed kind of cover on areas not covered by buildings, structures
or pavement. Description shall be in such terms as lawn, turfgrass,
shrubbery, trees, forest cover, riprap or mulch.
(e)
Plans of all temporary or permanent structural or nonstructural
measures or other protective devices to be constructed in connection
with or as part of the proposed work, showing:
[1]
Design computations and applicable assumptions for all structural
measures for erosion and sediment control.
[2]
Estimate of cost of erosion and sediment control structures
and features.
[3]
Provisions for maintenance of control facilities including easements
to ensure short- as well as long-term erosion and sediment pollution
control.
[4]
Seeding mixtures and rates, lime and fertilizer application
rates, and kind and quantity of mulching for both temporary and permanent
vegetative control measures.
[5]
Methods to prevent tracking of soil off the site of the land-disturbing
activity.
E.
Review of application and control plan and issuance of permits.
[Amended 1-17-2017 by Ord. No. 2017-3]
(1)
Prior to submitting the application, the applicant is to obtain the
information on the permit requirement from the Town and shall discuss
the site plan, site conditions and permit requirements with the Town
Engineer. The applicant is to submit a completed permit application
and any required application fee and control plan to the Town Clerk.
One comprehensive electronic copy of the full submittal, in PDF format,
is to be submitted, along with four comprehensive copies in printed
form, identical in all respects to the electronic copy. The Town Clerk
shall forward the control plan to the Town Engineer for review.
(2)
The Town Engineer shall review the control plan and provide a report
to the Plan Commission.
(a)
The Plan Commission shall then review the application and the
report from the Town Engineer and shall forward its recommendation
to the Town Board. If approved by the Town Board, the Town Engineer
shall issue a letter permit to the applicant ("permittee"). If approved,
applicant still remains responsible for all other permits required
by the Town.
(b)
If additional information is required by the Town Engineer in order to evaluate the application, the Town Engineer shall so notify the applicant, who shall promptly submit the required information. Further review and approval or disapproval shall occur as specified in § 429-15 of this chapter, with applicable time limits determined from the date of receipt of the additional information.
(c)
If the application is disapproved, the Town Clerk or Town Engineer shall specify in writing the reasons for disapproval. The applicant may resubmit a new or modified control plan or may appeal the Town's decision pursuant to § 429-15.
(d)
Failure by the Town to notify an applicant in writing within
five weeks of receipt of the completed application, control plan and
any required fee shall be deemed to be approval of the plan as submitted,
and the applicant may proceed as if the permit has been issued, unless:
F.
Permit; conditions. All permits issued under this chapter shall be
issued subject to the following conditions and requirements, and any
landowner, land user, and/or responsible party who begins to perform
any land-disturbing activity authorized by permit shall be deemed
to have accepted all of these conditions:
(1)
All land disturbances, construction and development will be done
pursuant to the control plan as approved by the Town Engineer.
(2)
The permittee shall give at least two working days' notice to the
Town Engineer in advance of the start of any land-disturbing activity.
(3)
The permittee shall file a notice of completion of all land-disturbing
activities and/or the completion of installation of all on-site detention
facilities within 10 days after completion.
(4)
Approval in writing must be obtained from the Town Engineer prior
to any modifications to the approved control plan.
(5)
The permittee will be responsible for maintaining all roads, road
rights-of-way, streets, runoff and drainage facilities and drainageways
as specified in the approved plan until they are accepted and dedicated
to a governmental entity.
(6)
The permittee will be responsible for repairing any damage at his
or her expense to all adjoining surfaces and drainageways caused by
runoff and/or sedimentation resulting from activities which are not
in compliance with the approved plan.
(7)
The permittee must provide and install at his or her expense all
drainage, runoff control and erosion control improvements required
by this chapter and the approved control plan, and also must bear
his or her proportionate share of the total cost of off-site improvements
to drainageways based upon the existing developed drainage area or
planned development of the drainage area, as determined by the Town
Engineer.
(8)
No work will be done on the site during any period of time that the
average hourly wind velocity at the location of the land-disturbing
activity exceeds 20 miles per hour, unless provision has been made
to eliminate dust or blowing dirt.
(9)
No portion of the land which undergoes the land-disturbing activity
will be allowed to remain uncovered for greater than two weeks after
notice is given to the Town Engineer that the land-disturbing activity
is completed.
(10)
The permittee shall permit the Town Engineer to enter onto the
land regulated under this chapter for the purpose of inspecting for
compliance with the approved control plan and permit.
(11)
The permittee authorizes the Town Engineer to perform any work
or operations necessary to bring the condition of the lands into conformity
with the approved control plan or plan as modified by the Town Engineer
and further consents to the Town placing the total of the costs and
expenses of such work and operations upon the tax roll as a special
tax against the property.
(12)
Upon recommendation of the Town Engineer and after approval
of the Town Board, the permittee may be requested to provide as-built
documentation that the required improvements were built to compliance
with the approved plans. Such as-built plans shall be sealed by a
registered land surveyor or registered professional engineer.
G.
Permit duration. Permits issued under this chapter shall be valid
for a period of six months from the date of issuance by the Town Engineer,
and all work must be completed prior to the expiration date of the
permit. The Town Engineer or Town Board may extend the expiration
date of the permit if the Engineer finds that an extension will not
cause an increase in erosion, sedimentation or runoff. The Town Engineer
is further authorized to modify the plans if necessary to prevent
any increase in sedimentation, erosion or runoff resulting from any
extension.
H.
Fees for engineering review and enforcement.
[Amended 1-17-2017 by Ord. No. 2017-3]
(1)
Any person who submits an application for approval of an erosion
control plan or issuance of a permit required by this chapter shall
pay a filing fee in the amount established by the Town Board by resolution
and, in addition, shall pay the Town's actual cost for engineering
work by the Town Engineer incurred by the Town in connection with
review of the erosion control plan, including any inspections and
as-built surveys required to assure compliance with the plan. The
fee shall be paid prior to issuance of the permit if the engineering
review fees have been billed by that time. If billed to the Town after
issuance of the permit, the fee shall be paid within 30 days of its
receipt by the permittee. Failure to pay such fee within 30 days shall
be grounds for revocation of the permit and issuance of a stop-work
order. The Town may collect the unpaid fees by imposing a special
charge upon the next tax roll of the parcel or parcels of real estate
proposed to be or actually disturbed pursuant to § 66.0627,
Wis. Stats., or through any other means provided by law.
(2)
If the Town Engineer is required to undertake any enforcement action
under this chapter, all fees charged to the Town by the Engineer and/or
the Town Attorney shall be collected by the Town from the landowner,
land user, and/or responsible party violating this chapter, unless
a court of record expressly dismisses an action to enforce this chapter
or finds that the Engineer's actions lacked a reasonable basis under
this chapter. If any fees are not paid within 30 days of billing,
the Town may collect the fees by imposing a special charge upon the
next tax roll against the real estate parcel or parcels proposed to
be or actually disturbed pursuant to § 66.0627, Wis. Stats.,
or through any means provided by law.
(3)
The Town Engineer and/or Clerk shall have the discretion in connection with any significant land-disturbing activity to require that the applicant, prior to issuance of a permit, make an escrow deposit or, in lieu thereof, to furnish a performance bond in an amount equal to 120% of the estimated cost of all of the required control measures as determined by the Town Engineer, including the cost of inspections and related costs. In the sole discretion of the Town Engineer and/or Clerk, the applicant may also assure payment for the measures by filing an irrevocable letter of credit in favor of the Town, issued in the same amount for a sufficient duration to assure completion of the measures and in a form and drawn upon a national or state-chartered financial institution acceptable to the Town Engineer, Clerk and/or Town Attorney. 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 for the entire period of the permit unless released earlier by the Town. The Town shall have the right to draw upon the security for the purpose of obtaining compliance with the approved plan as it deems necessary. If the approved plan is included as part of plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
Land-disturbing activities commenced after the effective date
of this chapter shall comply with all provisions of this chapter.
The builder shall be responsible for the cost of as-built survey,
plan generation and Town review pursuant to this chapter and recommendations
of the Town Engineer. The survey shall be conducted by an independent
registered land surveyor (RLS) or registered professional engineer
(RPE) and shall be subject to approval by the Town Engineer.
A.
As-built record drawings. Subsequent to construction, the entire
infrastructure improvements shall be surveyed and a map (or series
of maps) shall be generated to create a record plan set for the project.
If a project is under phased construction, each individual phase shall
be as-built immediately subsequent to its respective construction
completion. The following information shall be delivered through this
process:
(1)
Permanent erosion control facilities pursuant to requirements by
the Town Engineer.
(2)
Stormwater management facilities pursuant to requirements by the
Town Engineer
(3)
Outlots and easements pursuant to requirements by the Town Engineer.
(4)
Stockpiles, retaining walls and other special features/structures
pursuant to requirements by the Town Engineer.
(5)
The Town Engineer shall approve the density of topographic survey
data obtained for all features to be verified for as-built map generation
purposes.
A.
Delegation of authority. The Town Board shall designate the Plan
Commission and Town Engineer to administer and enforce the provisions
of this chapter under its direction. The Town Engineer may seek technical
advice from the Columbia County Land Conservation District, the United
States Department of Agriculture Natural Resources Conservation Service
or the Wisconsin Department of Natural Resources as to the adequacy
of any proposed plan and permit application submitted to the Town.
B.
Administrative duties. In the administration and enforcement of this
chapter, the Town Engineer shall perform the following duties:
(1)
Keep an accurate record of all plan data received, plans approved,
permits issued, inspections made and other official actions, and make
a periodic permit activity report to the Town Plan Commission.
(2)
Investigate all complaints made to the application of this chapter.
(3)
Revoke any permit granted under this chapter if it is found that
the holder of the permit has misrepresented any material fact in the
permit application or plan, or has failed to comply with the plan
as originally approved or as modified in writing subsequently by the
Town Engineer, or has violated any of the other conditions of the
permit as issued to the applicant.
C.
Inspection authority. The Town Engineer is authorized to enter upon
any public or private lands affected by this chapter to inspect the
land prior to permit issuance for the purpose of determining whether
to approve the plan and after permit issuance to determine compliance
with this chapter. If permission cannot be received from the landowner
or user, entry by the Town Engineer shall be by special inspection
warrant pursuant to § 66.0119. Wis. Stats.
D.
Enforcement authority. The Town Engineer is authorized to post a
stop-work order upon land which has had a permit revoked or to post
a stop-work order upon land which is currently undergoing any land-disturbing
activity in violation of this chapter. The Town Engineer shall supply
a copy of each stop-work order to the Town Attorney. In lieu of the
stop-work order, the Town Engineer may issue a written cease and desist
order to any landowner, land user, and/or responsible party whose
activity is in violation of this chapter. These orders shall specify
that the activity must be ceased or brought into compliance with this
chapter within seven days. Any revocation, stop-work order or cease
and desist order shall remain in effect unless retracted by the Town
Board, the Town Engineer or by a court of general jurisdiction or
until the land-disturbing activity is brought into compliance with
this chapter. The Town Engineer is authorized to refer any violation
of this chapter or of a stop-work or cease and desist order issued
pursuant to this chapter to the Town Attorney for the commencement
of further legal proceedings.
A.
Penalties. Any landowner, land user, and/or responsible party who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a penalty as provided in § 1-1 of this Code plus cost of prosecution for each violation. Each day that a violation exists or continues shall constitute a separate offense.[1]
B.
Enforcement by injunction. Compliance with the provisions of this
chapter may also be enforced by injunction order at the suit of the
Town. It shall not be necessary to prosecute for forfeiture before
resorting to injunction proceedings.
C.
Performance of work by the Town Engineer. Where the Town Engineer
determines that a landowner, land user, and/or responsible party has
failed to obtain a permit as required by this chapter, or a permittee
has failed to make any improvements or to follow practices as approved
in the plan, or has failed to comply with the time schedule as included
in the plan the Town Engineer or a party designated by the Town Engineer
may enter upon the land and perform the work or other operations necessary
to bring the condition of said land into conformity with the requirements
of the approved plan and/or this chapter. The Town Engineer shall
keep a detailed accounting of the costs and expenses of performing
this work, and these costs and expenses shall be billed to the landowner,
land user, and/or responsible party. In the event payment is not made
to the Town within 30 days of billing, the Town may collect the fees
by imposing a special charge upon the next tax roll against the real
estate parcel or parcels proposed to be or actually disturbed pursuant
to § 66.0627, Wis. Stats.
A.
Authority. The Town Board shall:
(1)
Hear and decide appeals where it is alleged that there is error in
any order, requirement, decision or determination made by the Town
Engineer in administering this chapter.
(2)
Authorize upon appeal in specific cases 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 would result in unnecessary hardship or it is demonstrated
that the provision is unnecessary, so that the spirit of this chapter
shall be observed, public safety and welfare secured, and substantial
justice done. Variances shall not be granted solely on the basis of
economic hardships.
B.
Procedure. Appeal or variance requests must be submitted in writing
and state the grounds for the appeal or variance. A filing fee in
an amount established by the Town Board by resolution must accompany
the appeal or variance request. Any appeal must be filed within 45
days of the order, decision, determination or inaction being appealed.
The appeal or request for variance shall be heard by the Town Board
within 45 days of receipt unless extension is agreed upon by all parties.
C.
Who may appeal. Appeals may be taken by any person aggrieved or by
an officer, department, board or bureau of the Town affected by the
order, requirement, decision or determination made by the Town Engineer.
For the purpose of this chapter, "aggrieved person" shall include
any applicant, permittee, landowners, land users, and/or responsible
party.
D.
Administrative review. Pursuant to § 68.16, Wis. Stats.,
the Town Board elects that the procedures set forth in this section
for administrative review of decisions under this chapter shall apply
in lieu of the procedures of the Wisconsin Municipal Administrative
Procedure Act, except for §§ 68.14 and 68.15, Wis.
Stats.
E.
Enforcement not stayed. The filing of an appeal or variance does
not preclude the Town from commencing or continuing any of the enforcement
actions set forth herein or a forfeiture proceeding unless the Town
Board specifically agrees to stay such enforcements.
