[HISTORY: Adopted by the Common Council of the City of Brodhead
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 15, Ch. 2, of the 1997 Code]
This article is adopted pursuant to the guidelines in § 62.234,
Wis. Stats.
A.
Policy declaration. The Common Council finds runoff from land disturbing
activities carries a significant amount of sediment and other pollutants
to the waters of the state and the City of Brodhead.
B.
Purpose. It is the purpose of this article to preserve the natural resources; to protect the quality and quantity of the surface water and groundwater of the state and City; and to protect and promote the health, safety and welfare of the people, to the extent practicable, by minimizing the amount of sediment and other pollutants carried by runoff or discharge from land disturbing activities to lakes, streams and wetlands. The Common Council finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the City. It is, therefore, declared to be the purpose of this article to control and, if possible, prevent soil erosion and water runoff increases and, thereby, to preserve the natural resources, control floods, and prevent impairment of dams and reservoirs, protect the quality and quantity 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 City of Brodhead. This article is in accordance and consistent with Chapter 480, Zoning, of the Code of the City of Brodhead, so far as practicable.
A.
Scope of coverage. This article applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the City and the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this article. This article shall apply outside the City limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and Chapter 472, Subdivision of Land, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats., and certified surveys as defined in this Code.
B.
Exclusions. The following activities are generally excluded from
coverage under this article:
(1)
State-funded or -conducted activities that are subject to the State
Site Erosion Control and Stormwater Runoff Plan. State-funded or -conducted
construction activities must meet the requirements contained in the
State Plan for the Control of Construction Erosion and Stormwater
Runoff, which contains similar requirements as contained in this article,
as a minimum.
(2)
Agricultural land uses as defined in this article and quarries, except
where the Common Council, Plan Commission, City Engineer or Building
Inspector determine 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 Common Council, Plan Commission, City Engineer or Building
Inspector determine that erosion or runoff is likely to occur which
will threaten watercourses or other environmentally sensitive areas
unless control measures are taken.
The following definitions shall be applicable in this article:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
The Building Inspector of the City of Brodhead.
Use of land for the retail or wholesale sale of goods or
services, including office parks where nonretail business takes place.
A practice or combination of practices to control erosion
and attendant pollution (also known as "best management practice").
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Building Inspector and/or City Engineer.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
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/woman to a new location and shall include the conditions
resulting therefrom.
Altering the elevation of the land surface by stripping,
excavating, filling, 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.
Any 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.
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff (also known as "best
management practices").
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 right and/or responsibility for use of the land.
Any person holding title to or having any interest in 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 Common Council, Plan Commission, City Engineer or Building Inspector determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental area 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 continuous 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 its site of origin
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.
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 or best management practices 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, infiltration basins or trenches,
flood-retention dams, diversions, and lining channels with rock concrete
or other materials. Contour strip cropping is not considered a structural
measure under this article.
Any element in a water drainage system which is made or improved.
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 City as a legal holiday.
Also referred to as "business day."
All control measures required to comply with this article shall
be 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 Building Inspector or City Engineer. Where design
criteria, standards or specifications conflict, the most restrictive
provisions shall apply.
All sedimentation basins and other control measures necessary
to meet the requirements of this article shall be maintained consistent
with the maintenance provisions contained in the "Wisconsin Construction
Site Best Management Practice Handbook" by the applicant or subsequent
landowner during the period of land disturbance and land development
of the site in a satisfactory manner to ensure adequate performance
and to prevent nuisance conditions.
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
(1)
Those sites requiring certified survey map approval or subdivision
or land division plat approval under City land division ordinances.
(2)
Those sites involving the construction of buildings or other improvements
on lots of approved certified surveys, land division plats or subdivision
plats.
(3)
Those involving grading, removal of protective ground cover or vegetation,
excavation, land filling or other land disturbing activity affecting
a surface area of 4,000 square feet or more.
(4)
Those involving excavation or filling or a combination of excavation
and filling affecting 400 cubic yards or more of dirt, sand or other
excavation or fill material.
(5)
Those involving street, highway, road or bridge construction, enlargement,
relocation or reconstruction.
(6)
Those involving the laying, repairing, replacing, inspecting or enlarging
of an underground pipe or facility for a distance of 300 feet or more.
(7)
Those sites involving the changing, enlargement, dredging or other
alteration to any watercourse, waterway and/or wetlands.
(8)
Those other situations (e.g., developments with slopes over 12%)
where the City Engineer or Building Inspector, at the request of the
Plan Commission or Common Council, determine that erosion or runoff
is likely to occur unless control measures are taken.
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NOTE: The above applicability criteria are specifically stated
in 1983 Wisconsin Act 416 for inclusion in this article. Utility companies
responsible for energy repair work should enter into a "memorandum
of agreement" with the City clearly stating their responsibilities
if their activities may be included under any of the above applicability
criteria.
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B.
Minimum erosion control standards to be met. At a minimum, the erosion and runoff control standards listed below must be met on all sites described in Subsection A above. Additional or more stringent control standards may be required in those situations where the City Engineer and/or Building Inspector 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.
A.
Management practices.
(1)
Temporary best management practice needs for various drainage areas.
The following temporary best management practices shall be used to
control sediment where erosion of the site, including dirt piles,
during construction will result in sediment reaching waters of the
state, public sewers or other off-site areas:
(a)
Small drainage areas with overland flow (generally less than
one acre). For drainage areas with overland flow (generally less than
one acre), a filter fabric fence or equivalent best management practice
placed along the downslope areas and along the sideslope areas as
required or the disturbed area shall be properly mulched.
(b)
Drainage areas of two acres or less with concentrated or channelized
flow. For drainage areas of two acres or less with concentrated or
channelized flow, a filter fabric barrier or equivalent best management
practice placed at the downslope point of the disturbed area or the
disturbed area shall be properly mulched.
(c)
Drainage areas of five acres or less with concentrated or channelized
flow, a sediment trap or equivalent best management practice placed
at the downslope point of the disturbed area.
(d)
Drainage areas of more than five acres with concentrated or
channelized flow. For drainage areas of more than five acres with
concentrated or channelized flow, a sediment basin or equivalent best
management practice placed at the downslope point of the disturbed
area. The basin shall be properly maintained and cleared out when
necessary.
(e)
Steep slopes. Slopes of 12% or more may require use of additional
best management practices.
(2)
Sequenced activities. All activities on the site shall be conducted
in a logical sequence to minimize the area of bare soil exposed at
any one time and the amount of soil leaving the site.
(3)
Site stabilization. When the disturbed area is properly stabilized
by established vegetation or other permanent means, the temporary
best management practices may be removed.
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NOTE: Permanent best management practices specified in the Wisconsin
Construction Site Best Management Practice Handbook include sodding;
seeding; grassed waterway; geotextile reinforced grassed waterway;
and rock- and concrete-lined waterway.
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(4)
Tracking minimization. Each site shall have graveled roads, access
drives and parking areas of sufficient width and length to prevent
sediment from being tracked onto public or private roadways. Any significant
sediment reaching a public or private road shall be removed by street
cleaning before the end of each workday. Flushing may not be used
unless the sediment will be controlled by a filter fabric barrier,
sediment trap, sediment basin or equivalent.
(5)
Drain inlet protection. Downslope on-site storm drain inlets shall
be protected.
(6)
Site dewatering. Water pumped from the site shall be discharged to
an appropriately sized filter fabric barrier, sediment trap, sediment
basin or equivalent best management practice.
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NOTE: Site dewatering on some sites is covered under the Wisconsin
Pollutant Discharge Elimination System Permit Program.
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(8)
Waste and material management and disposal. All waste and unused
building materials shall be properly managed and disposed to prevent
pollutants and debris from being carried by runoff off the site.
(9)
Roof drainage. All roof drainage from permanent buildings shall discharge
to pervious surfaces to increase infiltration and reduce increases
in runoff except where demonstrated to be infeasible and a written
waiver is granted by the City Engineer or Building Inspector.
B.
Additional erosion control standards to be met on larger sites. These control standards are in addition to the minimum control standards as set forth in Subsection A and thus include, but are not limited to, all sites involving land divisions, subdivisions or certified survey maps (where land divisions, subdivisions or certified survey maps involve either one or more acres or create five or more lots or building sites), or all sites where one or more acres are disturbed at a time, where special circumstance due to topography, proximity to watercourses or relation to environmentally sensitive lands make the disturbance a major one, and shall meet the added control plan requirements as set up by the City Engineer or Building Inspector. These requirements may include required public dedication of water runoff control measures. The permittee is responsible for obtaining compliance with the control plan requirements. Informal guidelines for the control plan for a major land disturbing activity are hereto attached and incorporated herein as a part of this article as an addendum.
C.
Special circumstances. The control standards set forth in this article
are intended to apply on a typical development site. When land disturbing
and/or development activity is proposed for a site with extraordinary
features, the Plan Commission may recommend to the Common Council
and the Council, at its discretion, will 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 12% grade
in designated floodplain, wetland, or conservancy areas or in environmental
corridor areas identified in the City Master Plan.
D.
Land disturbing activities subject to stormwater runoff control.
(1)
Land disturbing activities on public lands as defined herein and
on all private lands shall be subject to the runoff control provisions
of this section, if:
(a)
The activity will be a residential development having less than
50% impervious area, disturbing more than five acres;
(b)
The activity will be a residential development having more than
50% impervious area, disturbing more than three acres;
(c)
The activity will be a nonresidential development, disturbing
more than three acres; or
(d)
A parking lot of one acre or more; or
(e)
In the opinion of the City Engineer, the runoff from the land
disturbing activity will create a hazard by exceeding the safe capacity
of the receiving water body in the area; or will cause undue channel
erosion or an undue increase in water pollution by increased scour
and transport of particles; or will otherwise endanger the downstream
property owners or their property. "Safe capacity" is defined as the
rate of flow that can be handled without flooding.
(2)
The owner, land occupier or land user shall be in compliance with this subsection if he follows the procedure of Subsection E and receives from the City Engineer an approved control plan and a permit before commencement of any land disturbing activities on lands subject to control under this section.
E.
Standards for stormwater runoff control for land disturbing activities.
(1)
Land disturbing activities subject to runoff control regulation as described in this article shall meet the corresponding requirements of Subsection E(1)(a), (b) and (c) below:
(a)
Residential and other nonindustrial and noncommercial certified
surveys shall incorporate the following stormwater control measures:
[2]
All driveways shall slope to adjacent lawns to the extent practicable.
[3]
Where conditions are such that the depth to the water table
is three feet or greater during at least nine months of the year,
the stormwater drainage system for the development shall include grassed
swales for area drainage and underground perforated drainage pipe
for storm runoff conveyance. The applicant shall be responsible for
documentation for areas to be exempted from these measures. Where
the City Engineer finds the above to be impracticable, conveyance
shall be by traditional means.
(b)
Industrial sites of less than 100,000 square feet and nonindustrial
paved parking and storage areas with surface areas totaling 5,000
to 500,000 square feet shall discharge to one or more grit chambers
or oil and grease traps. Each grit chamber or oil and grease trap
shall be designed to remove all particles greater than 100 microns
in size and shall be cleaned at least once every three months. The
pumped liquids from cleaning shall be discharged to a licensed wastewater
treatment plant.
(c)
Industrial sites of more than 100,000 square feet, nonindustrial
paved parking lots and storage areas greater than 500,000 square feet,
and industrial roofs larger than 10,000 square feet shall discharge
to one or more wet detention basins. These basins shall have an aggregate
area, respectively, of at least 1.5% of the contributing surface area
of the industrial site or three 3% of the contributing paved industrial
areas, whichever is greater; at least 3% of the nonindustrial paved
area draining to it; and at least 3% of the industrial roof area draining
to it. These basins shall have a permanent pool depth of three feet
and shall be excavated periodically as needed to maintain the three-foot
depth.
(2)
Regardless of proposed land use, the proposed development shall:
(a)
Not increase peak flow rates of storm runoff from that which
would have resulted from the same storm occurring over the site with
the land in its predevelopment condition, for storms of twenty-four-hour
duration and recurrence intervals of two, five, 10, 25, 50 and 100
years; and
(b)
The volume of storm runoff resulting from the ten-year storm of twenty-four-hour duration shall not be greater after development than would have resulted from the same storm occurring over the site with the land in its predevelopment condition. Where Subsection E(2)(a) and/or (b) are found to be unacceptable or inevitable on the proposed site by the City Engineer, the applicant shall specify an off-site area to meet these provisions and provide a suitable alternative contribution as determined in negotiation with the City Engineer.
F.
Erosion and runoff control by public dedication of water runoff control.
The Common Council may require dedication of water runoff control
measures. When such dedication is required, the dedicated land may
also be utilized for parkland and for recreational use. Once dedicated
and accepted, the City shall maintain the runoff control measures
as necessary to adhere to this article 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 for the areas
and determining whether or not to require dedication to the City of
any or all runoff control measures. In the event that the City does
not require dedication of any water runoff control measures, the continued
maintenance of such measures shall be assured through such means as
deed restrictions, easements or a contract with the City.
A.
Permit application. No landowner or land user, other than the City,
may commence a land disturbance or land development activity subject
to this article without receiving prior approval of a control plan
for the site and a permit from the City Engineer. At least one landowner
or land user controlling or using the site and desiring to undertake
a land disturbing or land developing activity subject to this article
shall submit an application for a permit and a control plan and pay
an application fee to the Building Inspector or City Engineer. By
submitting an application, the applicant is authorizing the Building
Inspector, City Engineer and other designated City officials to enter
the site to obtain information required for a review of the control
plan.
B.
Content of the control plan for land disturbing activities.
(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 of adjacent lands which accurately identify
site location;
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site; (Note: The local unit of
government should identify sensitive local waters that may need to
be further addressed by the control plan.)
(c)
One-hundred-year floodplains, flood-fringes and floodways;
(d)
Vegetative cover;
(e)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on the site and the size, slope and land cover of
the upslope drainage areas;
(f)
Locations and dimensions of utilities, structures, roads, highways,
and paving; and
(g)
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 site map showing the site changes.
(3)
Site construction plan. A site construction plan, including:
(a)
Locations and dimensions of all proposed land disturbing activities;
(b)
Locations and dimensions of all temporary soil or dirt stockpiles;
(c)
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of this article;
(d)
Schedule of anticipated starting and completion date of each
land disturbing or land developing activity, including the installation
of construction site control measures needed to meet the requirements
of this article; and
(e)
Provisions of maintenance of the construction site control measures
during construction.
C.
Emergency situations. Notwithstanding the above, a private landowner
or the City 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 article to the fullest
extent practicable under the circumstances. The Building Inspector
or City Engineer shall be notified by the private landowner within
three hours after commencing such land disturbing activities under
this section.
D.
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). These documents will be used to meet
the requirements of this article.
E.
Review of major and minor land disturbing control plans.
(1)
Major land disturbing activities. Within 30 days of receipt of a
completed control plan, the City Engineer and Building Inspector shall
determine if the requirements of this article are met. The applicant
shall be informed, in writing, of the reasons for rejection or conditions
of approval.
(2)
Minor land disturbing activities. Control plan statements for minor
land disturbing activities shall be reviewed by the Building Inspector
for compliance with this article. The Building Inspector 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 10 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.
F.
Permits.
(1)
Duration. Permits 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 Building Inspector
or City Engineer may extend the period one or more times for up to
an additional 180 days. The Building Inspector may require additional
control measures as a condition of the extension if they are necessary
to meet the requirements of this article.
(2)
Permit fees for major land disturbing activities. The application
fee for a major land disturbing activity permit shall be as established
by resolution of the Common Council. In addition to this fee, before
any permit will be issued, the applicant shall pay the actual engineering
fees or expenses incurred by the City in connection with review of
the control plan and the engineering fees or expenses estimated to
be incurred for on-site inspection during the project. These additional
charges shall be determined by the Building Inspector and City Clerk-Treasurer.[1]
G.
Permit requirements for major land disturbing activity. All major
land disturbing activity permits shall require the permittee to do
at least the following:
(1)
The applicant shall provide the City, prior to issuance of the permit,
an irrevocable letter of credit, certificate of deposit or certified
check to the City in an amount equal to 125% of the estimated cost
of all required control measures as determined by the City Engineer
and/or Building Inspector. 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 City.
The City shall have the right to draw upon the security for the purposes
of obtaining compliance with the approved Control Plan as it deems
necessary. If the erosion and runoff control requirements of this
article are included as part of 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 this Code.
(2)
Contact the Building Inspector upon completion of any control measures
and at least two business days prior to commencing any land disturbing
activity.
(3)
Obtain written permission from the City Engineer or Building Inspector
prior to modifying the control plan. They are authorized to permit
only those modifications that comply with the terms of this article.
(4)
Install all control measures as identified in the control plan.
(5)
Maintain all control measures as identified in the control plan.
(6)
Repair any damage to adjoining surfaces and drainageways resulting
from any land developing or disturbing activities on the permitted
site.
(7)
Inspect the control measures after each rain of 0.5 inch or more
and make needed repairs immediately.
(8)
Allow the Building Inspector, City Engineer, or other designated
City officials 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 and this article.
(9)
Keep a copy of the approved control plan on site.
H.
Permit requirements for minor land disturbing activity. All minor
land disturbing activity permits shall require the permittee to:
(1)
Obtain permission in writing from the Building Inspector prior to
modifying the control plan. They are authorized to permit only those
modifications that comply with the terms of this article.
(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 disturbing activities on the permitted
site.
(5)
Inspect the control measures after each rain of 0.5 inch or more
and make needed repairs immediately.
(6)
Allow the Building Inspector, City Engineer, and other designated
City officials 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 and this article.
A.
The City Engineer, Building Inspector or other designated City officials
shall inspect all major land disturbing activities in order to ensure
compliance with the control plan and permit.
B.
In the case of minor land disturbing activities, the Building Inspector
shall inspect sites in order to ensure compliance with the control
plan and permit.
C.
If the land disturbing or land development activities are being carried
out without a valid permit, i.e., unauthorized, City inspection officials
may enter the land in question pursuant to the special inspection
warrant provisions of § 66.0119, Wis. Stats.
A.
Violations. No land development or land disturbing activities within
the scope of this article may occur without full compliance with the
provisions of this article. Any person who violates or fails to comply
with any provision of this article is subject to the enforcement and
penalty provisions contained herein.
B.
Enforcement. This article 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 article:
(1)
Stop-work order.
(a)
A stop-work order may be issued by the City Engineer, Building
Inspector, or their authorized agents, after an inspection, if:
(b)
Stop-work orders may be retracted when compliance with this
article is obtained. The City Engineer, Common Council, Building Inspector
or their designee has the authority to retract a stop-work order for
major land disturbing activities; the Building Inspector, City Engineer
and their designees may retract stop-work orders on minor land disturbing
activities.
(2)
Revocation of permit. Where a stop-work order has been issued in
order to obtain compliance with a control plan, the City may revoke
the permit if the permittee does not cease the illegal activity or
obtain compliance with the control plan or permit conditions within
72 hours from issuance of the stop-work order.
(3)
City to perform work. Seventy-two hours after posting a stop-work
order, the City may issue a notice of intent to the permittee or landowner
or land user of the City's intent to perform work necessary to
comply with this article. Upon receipt of permission from the landowner
or pursuant to a court order, the City Engineer and/or other designated
City officials or agents, as determined by the Common Council, may
go on the land and commence the work. The costs of the work performed
by the City, plus interest, shall be billed to the permittee or the
landowner 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 City Administrator shall enter the amount
due on the tax rolls and collect as a special assessment against the
property pursuant to § 66.0703, Wis. Stats.
(4)
Injunction and other judicial remedies. Compliance with the provisions
of this article may also be obtained by the Common Council authorizing
the City Attorney to commence appropriate action to enjoin violations,
compel compliance, or pursue other appropriate judicial relief.
(5)
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.
C.
Penalties. Any person violating any provision of this article shall be subject to a forfeiture as provided in § 1-4. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the City shall issue a written warning to the person believed to be violating this article, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.
A.
Appeal or variance requests.
(1)
By applicant or permittee. Any aggrieved applicant, permittee or
land user may appeal any order, decision, determination or inaction
of the City in administering or enforcing this article or may apply
for a variance from the requirements of this article. A filing fee
as established by resolution of the Common Council must accompany
the appeal or variance request. Appeal or variance requests must be
submitted in writing, state the grounds for the appeal or variance
request, and be filed with the City Clerk-Treasurer. Publication and
other associated costs will be in addition to this fee and paid by
the applicant.[1]
(2)
Appeal by citizens.
(a)
An appeal of any order, decision, determination or inaction
of the City in administering or enforcing this article may be commenced
upon the filing of a petition signed by 25 adult residents of the
City and payment of a fee of $50 to cover the cost of the appeal.
(b)
The appeal must be filed with the City Clerk-Treasurer and shall
state written grounds for the appeal. A copy of any citizen appeal
shall be delivered or mailed to the applicant or permittee by the
City Clerk-Treasurer within five business days of its filing with
the City. The filing of a citizen appeal, by itself, does not prohibit
the commencement or continuation of any work or activity.
(3)
Appeal deadline. Appeals by applicants, permittees or citizens must
be filed within 45 days of the order, decision, determination or inaction
being appealed.
(4)
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 Zoning 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 Zoning Board of Appeals
may allow additional parties to join a pending appeal where appropriate
and where such addition will not delay the proceedings.
B.
Authority.
(1)
Authority to grant variances. The Zoning Board of Appeals shall decide
all variance requests in accordance with the provisions of this Code.
The Zoning Board of Appeals shall only grant such variances from the
terms of this article as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this article is impracticable or otherwise unreasonable or demonstrated
to be unnecessary. Such variances may be granted only when the Zoning
Board of Appeals has been presented with satisfactory proof that the
variance will achieve compliance results comparable to those set forth
in this article.
(2)
Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by City officials in administering this article. The Zoning Board of Appeals shall use the rules, procedures, duties and powers authorized by City ordinance and statute for the Zoning Board of Appeals in hearing and deciding appeals and authorizing variances. The Zoning Board of Appeals shall hear and decide 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 Zoning Board of Appeals. The procedures utilized by the Zoning Board of Appeals shall be as prescribed in Chapter 480, Zoning, of the Code of the City of Brodhead.
C.
Enforcement not stayed. The filing of an appeal or variance does
not preclude the City from commencing or continuing any of the enforcement
actions set forth herein or a forfeiture proceeding set forth in this
article unless the Common Council specifically agrees to stay such
enforcements.
[Adopted 11-9-2009]
A.
The management of stormwater and other surface water discharges within
the City of Brodhead is a matter that affects the health, safety and
welfare of the City, its citizens and businesses.
B.
Failure to effectively manage stormwater affects the erosion of lands,
damages homes and business, leads to sedimentation and environmental
damages to properties, infiltration/inflow to the sanitary sewer and
other environmental damages within the City.
C.
To protect the health, safety and welfare of the public and to ensure
regulatory compliance, the City operates and maintains a system for
the collection, conveyance, storage, treatment and disposal of stormwater
within the City.
A.
The City hereby establishes a stormwater utility. The operation of
the utility shall be under the supervision of the Common Council.
The Street Superintendent will be in charge of the utility.
C.
The City is exercising its authority to establish a City of Brodhead
stormwater utility and to set rates to support the services.
D.
The costs of operating and maintaining the stormwater utility shall
be allocated in direct relationship to the contributions and demands
for stormwater management services. The stormwater utility finances
shall be accounted for in a separate stormwater utility fund by the
City. All income and revenue shall be retained by the stormwater utility
fund. The stormwater utility shall prepare an annual budget, which
is to include all operation and maintenance costs, debt service and
other costs related to the operation of the stormwater utility. The
annual budget is subject to approval of the Common Council.
E.
Stormwater management facilities may include surface and underground
drainage facilities, storm sewer, watercourses, retaining walls and
stormwater ponds, and such other facilities which support a stormwater
utility.
The following terms have the meanings set forth:
Property which has been altered from its natural state by
the addition of any improvements such as a building, structure, impervious
surface, change upgrade or landscaping.
A residential space containing two dwelling units.
One or more rooms that are arranged, designed or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included
for each dwelling unit.
The unit by which a stormwater utility charge is calculated.
The term "ERU" represents the estimated average horizontal impervious
area of single-family homes within the City of Brodhead on the date
of the adoption of this article. The horizontal impervious area includes,
but is not limited to, all areas covered by structures, roof extensions,
patios, porches, driveways and sidewalks. One ERU is established as
3,000 square feet.
A horizontal surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks,
parking lots, driveways and other similar surfaces.
The total quantity of water from both infiltration and inflow
without distinguishing the source.[1]
A residential space consisting of three or more dwelling
units.
Any developed lot or parcel other than residential property
as defined herein, including but not limited to transient rentals
(such as hotels and motels), mobile home parks, commercial, industrial,
institutional governmental property and parking lots.
Any lot or parcel developed exclusively for residential purposes,
including single-family homes, duplex units, multifamily units, but
not including transient rentals (such as hotels and motels), and mobile
home parks.
Any residential property consisting of a single dwelling
unit.
Any natural or man-made stormwater conveyance facility operated
or maintained by the City, including, but not limited to, retention/detention
ponds, ditches, storm sewer, roads and navigable and non-navigable
waterways.
The Street Superintendent of the City of Brodhead or his
or her designee.
Property which is not defined as "developed property."
A.
User fee. The City shall require that adequate revenues are generated
through user fees to provide for a balanced operating budget. The
City hereby authorizes the imposition of user fees on all developed
property in the City.
B.
Rates. The City will establish rates for each fiscal year. All rates
established by the City will be fair and reasonable and calculated
to achieve a balanced operating budget for the system. Current rates
will be on file in the office of the City Clerk.
C.
Rate schedule. For the purpose of the imposition of the user fee,
the developed property in the City shall be divided into five classes,
which shall be called "customer classes." The rate within each customer
class shall be uniform. The rate schedule is as follows:
|
Customer Class
|
Stormwater Charge
| |
|---|---|---|
|
Single-family
|
1 ERU
| |
|
Duplex
|
0.5 ERU per dwelling unit
| |
|
Multifamily
|
0.4 ERU per dwelling unit
| |
|
Nonresidential
|
2 ERU for each 3,000 square feet of impervious area
| |
|
Undeveloped property
|
No charge
|
D.
Minimum charge. The minimum ERU calculations for any customer other
than undeveloped property shall be not less than the rate of 0.4 of
one ERU.
E.
New construction.
(1)
A property owner shall be responsible for timely submitting a fully
completed and accurate stormwater utility service application at the
time a building permit is issued or a site plan review is conducted.
The application shall be made on a form prescribed by the City and
provided with each application for a building permit or application
for site plan review. Failure to submit such a stormwater utility
application or providing false information on such form constitutes
a violation of this article. The implementation of stormwater charges
shall commence as set forth in this article.
(2)
For all classifications other than single-family residential, the
construction of new or expanded buildings, driveways or other structures
shall be subject to an increase in the number of ERUs assigned to
a lot or parcel. The City shall recalculate the number of ERUs upon
completion of new construction.
F.
The Superintendent shall be responsible for the determining the impervious area based on the best available information including, but not limited to, data supplied by the City Assessor, aerial photography, the property owner, tenant, or developer. The Superintendent may require additional information as necessary to make the determination. The billing amount shall be updated by the Superintendent based on any additions or subtractions to the impervious area as approved through the building permit process as set forth in Subsection E(1) above.
A.
The City may provide credits to offset the ERU charge.
B.
To be entitled for a credit, the property owner shall file an application,
together with a review fee, with the Superintendent that is supported
by documentation and demonstrates the conditions of this section have
been met. The application is subject to review and approval of the
Superintendent.
C.
Credits may be provided under the following circumstances:
(1)
A property owner may seek a credit on the ERU charge where they have
installed and maintained facilities that result in the detention or
retention of stormwater on site. Information to be submitted may include
survey data approved by a registered land surveyor (RLS) and engineering
reports approved by professional engineer (PE).
D.
The City
may revoke the credit if the basis for the credit has materially changed.
The City shall provide at least 30 days' advance written notice
of any proposed revocation.
A.
Stormwater utility charges will be billed quarterly, with said charges
to appear on the bill issued for municipal sanitary sewer service.
Irrespective of the service periods for the municipal sanitary sewer
service, the first charges billed by the stormwater utility shall
be for the month following the effective date of this article.
B.
The bills for the stormwater utility charges shall be mailed to the
designated utility bill recipient, but this mailing shall not relieve
the owner of the property from liability for rental property in the
event payment is not made as required in this article. The owner of
any property served which is occupied by tenants shall have the right
to examine the collection records of the City for the purpose of determining
whether such charges have been paid by such tenants, provided that
such examination shall be made at the office at which the records
are kept and during the hours that such office is open for business.
C.
Stormwater utility payments are due in 20 days. Payments not received
shall be determined delinquent. The City may place a lien upon the
property and collect delinquent charges under §§ 66.0821(4)
and 66.0809(3), Wis. Stats.
D.
All delinquent charges shall be subject to a one-percent penalty
per month in addition to all other charges, including prior penalties
or interest that exist when the delinquent charges extended upon the
tax roll.
A.
The stormwater utility charge, determination of ERUs or the ERU credits
may be appealed by filing a written appeal with the City Clerk prior
to the utility charge due date if not paid, or within 30 days of payment.
The appeal shall specify all basis for the challenge and the amount
of the stormwater charge the customer asserts is appropriate. Failure
to file a timely challenge waives all right to a later challenge of
that charge.
B.
The Superintendent will determine whether the stormwater charge is
fair and reasonable or whether a refund is due the customer. The Superintendent
may act with or without a hearing and will inform the customer in
writing of his or her decision.
C.
The customer has 30 days from the decision of the Superintendent
to file a written appeal to the Common Council of the City.
D.
If the Common Council of the City or the Superintendent determines
that a refund is due the customer, the refund will be applied as a
credit on the customer's next monthly stormwater billing if the
refund will not exceed the customer's next monthly stormwater
billing, or will be refunded at the discretion of the Superintendent.
A.
Any person who violates or causes to violate any provisions set forth
in this article shall, upon conviction thereof, pay a forfeiture to
the City in an amount of not less than $25 nor more than $1,500, together
with the costs of prosecution thereof.
B.
The payment of such forfeiture shall be in addition to the payment
of any and all stormwater charges, fees and penalties imposed by this
article.
C.
Each day's continuance of a violation constitutes a separate
offense.
D.
In addition to forfeitures and payment of charges, the City may seek,
obtain and enforce injunctive relief.
