[Adopted as § 4.3 of the 2000 Code]
The intent of this article is to require erosion control practices
that will reduce the amount of sediment and other pollutants leaving
land development or land disturbing activities. This article applies
to all land disturbing activities.
Approving authority shall mean the Hobart Village Board, its
designee, or its duly authorized committee, agent or representative.
A.
Findings. The Village Board, Village of Hobart, finds runoff from
construction sites carries a significant amount of sediment and other
pollutants to the waters of the state and this Village.
B.
Purpose. It is the purpose of this article to preserve the natural
resources; to protect the quality of the waters of the state and the
Village; 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 discharged from
construction sites to lakes, streams and wetlands.
This article applies to land disturbing and land developing
activities on lands within the boundaries and jurisdiction of the
Village and, optionally, the public and private lands subject to extraterritorial
review under Ch. 236, Wis. Stats. 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 used in this article, the following terms shall have the
meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirements of § 150-22.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this article.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of the land surface including removing
vegetative cover, excavating, filling, soil deposits and grading,
but not including agricultural land uses such as planting, growing,
cultivating and harvesting of crops; growing and tending of gardens;
harvesting of trees; and landscaping modifications.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
The entire area on which the land disturbing or land development
activity is proposed in the permit application.
All control measures required to comply with this article shall
meet the design criteria, standards and specifications for the control
measures contained in the Department of Natural Resources (DNR) Wisconsin
Construction Site Best Management Practice Handbook.
All sedimentation basins and other control measures necessary
to meet the requirements of this article shall be maintained 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. Erosion control
measures shall follow maintenance provisions contained in DNR's Wisconsin
Construction Site Best Management Practice Handbook.
A.
Applicability.
(1)
This section applies to the following sites of land development or
land disturbing activities:
(a)
Those requiring a subdivision plat approval or the construction
of houses or commercial, industrial or institutional building on lots
of approved subdivision plats;
(b)
Those requiring a certified survey approval or the construction
of houses or commercial, industrial or institutional buildings on
lots of approved certified surveys;
(c)
Those involving grading, removal of protective ground cover
or vegetation, excavation, land filling or other land disturbing activities;
(d)
Those involving excavation of filling or a combination of excavation
and filling of dirt, sand or other excavation or filling material;
(e)
Those involving street, highway, road, or bridge construction,
enlargement, relocation or reconstruction;
(f)
Those involving the laying, repairing, replacing or enlarging
of an underground pipe or facility.
(2)
Utility companies responsible for emergency repair work should enter
into a "memorandum of agreement" with the Village of Hobart clearly
stating their responsibilities if their activities are included under
any of the above applicability criteria. Construction work by private
contractors within public rights-of-way or public utility easements
is subject to the requirements of this article.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A.
(1)
Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers,
hydrocyclones, swirl concentrators, or other appropriate controls
designed and used to remove particles of 100 microns or greater for
the highest dewatering pumping rate. If the water is demonstrated
to have no particles greater than 100 microns during dewatering operations,
then no control is needed before discharge, except as determined by
the Village Board. Water may not be discharged in a manner that causes
erosion of the site or receiving channels. This one-hundred-micron
standard is intended to significantly reduce sedimentation problems
in downstream drainage systems and in the receiving waters that are
caused by large particles.
(2)
Waste and material disposal. All waste and unused building materials
(including garbage debris, cleaning wastes, wastewater, toxic materials,
or hazardous materials) shall be properly disposed of and not allowed
to be carried by runoff.
(3)
Tracking. 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 sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of each workday.
(4)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric, or equivalent barrier meeting Village
of Hobart's specifications.
(5)
Site erosion control.
(a)
The following criteria apply only to land development or land
disturbing activities that result in runoff leaving the site.
[1]
Channelized runoff from adjacent areas passing through the site
shall be diverted around disturbed areas, if practical. Otherwise,
the channel shall be protected as described below. Sheetflow runoff
from adjacent areas greater than 10,000 square feet in area shall
also be diverted around disturbed areas, unless shown to have resultant
runoff velocities of less than 0.5 feet per second across the disturbed
area for the five year twenty-four-hour design storm. Diverted runoff
shall be conveyed in a manner that will not erode the conveyance and
receiving channels. Natural Resources Conservation Service guidelines
for allowable velocities in different types of channels should be
followed.
[2]
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
[3]
Runoff from the entire disturbed area on the site shall be controlled
by meeting the following:
[a]
For sites with 10 acres or more disturbed at one
time, or if a channel originates in the disturbed area, one or more
sedimentation basins shall be constructed. Each sedimentation basin
shall have a surface area of at least 1% of the area draining to the
basin and at least three feet of depth and constructed in accordance
with accepted design specifications identified in the latest edition
of the Department of Natural Resources Wisconsin Construction Site
Best Management Practice Handbook. Sediment shall be removed to maintain
a depth of three feet. The basin shall be designed to trap sediment
greater than 15 microns in size, based on a five-year, twenty-four-hour
design storm. The basin discharge rate shall also be sufficiently
low as to not cause erosion along the discharge channel or the receiving
water.
[b]
For sites with less than 10 acres disturbed at
one time, filter fences, straw bales, or equivalent control measures
shall be placed along all sideslope and downslope sides of the site.
If a channel or area of concentrated runoff passes through the site,
filter fences shall be placed along the channel edges to reduce sediment
reaching the channel. The earliest date seeding and sodding is acceptable
is April 15. Seeding dates and rates shall be in accordance with those
identified in the latest edition of WDNR'S Wisconsin Construction
Site Best Management Practice Handbook.
(b)
In most cases, the preferred methods of controlling sediment
from soil or sand piles in existence for more than seven days are
filter fabric fences or straw bale fences. If the piles are in existence
for extended periods, such as more than six months, the preferred
method of controlling sediment is seeding and/or sodding.
No landowner or land user 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 permit from the
Village of Hobart or designee. 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 in an amount as set by the Village Board to the Village of Hobart
or designee. By submitting an application, the applicant is authorizing
the Village of Hobart or designee to enter the site to obtain information
required for the review of the control plan.
A.
Content of the erosion control plan for land disturbing and land
developing activities covering one or more acres.
(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 areas within
500 feet:
(a)
Site boundaries and adjacent lands which accurately identify
site location;
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses;
(c)
One-hundred-year floodplains, flood fringes and floodways from
existing maps;
(d)
Location and identification of the predominant soil types;
(e)
Location of vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns;
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving;
(h)
Site topography at a contour interval not to exceed five feet.
(2)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes.
(3)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land disturbing and
land developing 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 for maintenance of the construction site control
measures during construction.
B.
Content of control plan statement for land disturbing and land developing activities covering less than one acre, but meeting the applicability requirements stated in § 150-22. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site (i.e., percent slope, soil type, existing vegetation, etc.) and erosion controls (including the site developed schedule) that will be used to meet the requirements of the article.
C.
Review of control plan. Within five days of receipt of the application,
control plan (or control plan statement) and fee, the Village of Hobart
or designee shall review the application and control plan to determine
if the requirements of this article are met. The Village of Hobart
or designee may request comments from other departments or agencies.
If the requirements of this article are met, the Village of Hobart
or designee shall approve the plan, inform the applicant and issue
a permit. If the conditions are not met, the Village of Hobart or
designee shall inform the applicant in writing and may either require
needed information or disapprove the plan. Within five days of receipt
of needed information, the Zoning Administrator/Building Inspector
or designee shall again determine if the plan meets the requirements
of this article. If the plan is disapproved, the Village of Hobart
or designee shall inform the applicant in writing the reasons for
the disapproval.
D.
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 Village of Hobart
or designee may extend the period one or more times for up to an additional
180 days. The Village of Hobart or designee may require additional
control measures as a condition of the extension if they are necessary
to meet the requirements of this article.
(2)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the Village of Hobart or designee within 48 hours commencing
any land disturbing and land developing activity;
(b)
Obtain permission in writing from the Village of Hobart or designee
prior to modifying the control plan;
(c)
Install all control measure as identified in the approved control
plan;
(d)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan;
(e)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities;
(f)
Inspect the construction control measures after each rain of
0.5 inches or more and at least once each week and make needed repairs;
(g)
Allow the Village of Hobart or designee to enter the site for
the purpose of inspecting compliance with the control plan or for
performing any work necessary to bring the site into compliance with
the control plan; and
(h)
Keep a copy of the control plan on the site.
(3)
Surety bond. As a condition of approval and issuance of the permit,
the Village of Hobart or designee may require the applicant to deposit
a surety bond irrevocable letter of credit to guarantee a good faith
execution of the approved erosion control plan and any permit conditions.
A.
The Village of Hobart or designee shall inspect construction, land
disturbing and land development sites at least once a month.
B.
If land disturbing or land development activities are being carried
out without a permit, the Village of Hobart or designee shall enter
the land pursuant to the provisions of § 66.0119, Wis. Stats.
A.
The Village of Hobart or designee may post a stop-work order if:
B.
If the permittee does not cease the activity or comply with the control
plan or permit conditions within 10 days, the Village of Hobart or
designee may revoke the permit.
C.
If the landowner or land user where no permit has been issued does
not cease the activity within 10 days, the Village of Hobart or designee
may request the Village's attorney to obtain a cease-and-desist order.
D.
The Village of Hobart or designee or the Village Board, or the Board
of Appeals may retract the stop-work order or the revocation.
E.
Ten days after posting a stop-work order, the Village of Hobart or
designee may issue a notice of intent to the permittee or landowner
or land user of the Village of Hobart or designee's intent to perform
work necessary to comply with this article. The Village of Hobart
or designee may enter the land and commence the work after seven days
from issuing the notice of intent. The costs of the work performed
by the Village of Hobart or designee, plus interest at the rate authorized
by the Village Board, shall be billed to the permittee or the landowner.
In the event a permittee or landowner fails to pay the amount due,
the Clerk-Treasurer shall enter the amount due on the tax rolls and
collect as a special charge against the property pursuant to § 66.0627,
Wis. Stats.
F.
G.
Compliance with the provisions of this article may also be enforced
by injunction.
A.
Board of Appeals. The Board of Appeals created pursuant to § 62.23(7)(e),
Wis. Stats.:[1]
(1)
Shall hear and decide appeals where it is alleged that there is an
error in any order, decision or determination made by the Village
of Hobart or designee in administering this article;
(2)
Upon appeal, may authorize variances from the provisions of this
article which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of the
article will result in unnecessary hardships; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Appeals to the Board of Appeals may be taken by any aggrieved person
or by any officer, department, board or bureau of the Village affected
by a decision of the Village of Hobart.
