[HISTORY: Adopted by the Village Board of the Village of
Brandon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1998 as Title 15, Ch. 2, of the 1998 Code]
A.
Intent. The intent of this article is to require erosion control
practices that will reduce the amount of sediment and other pollutants
leaving construction sites during land development or land disturbance
activities.
B.
Authority. This article is adopted under the authority granted by
§ 61.354, Wis. Stats.
A.
The Village Board finds that runoff from large construction sites
carries a significant amount of sediment and other pollutants to the
waters of the state and this Village.
B.
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 streams and wetlands.
This article applies to land disturbing and land developing
activities on lands of five acres or more, and to street excavation
projects of 100 feet or more, in the Village of Brandon and, optionally,
similar projects subject to the extraterritorial authority of the
Village under Ch. 236, Wis. Stats. All state funded or conducted construction
is exempt from this article.
The following definitions are 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.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirement of § 256-7B.
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 submitted by the applicant for review
and approval by the Village of Brandon.
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 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 following rain intensities and rain volumes or corresponding
values specific to the community for the storm durations of 0.5, one,
two, three, six, 12 and 24 hours that occur approximately once per
year: (Note: the following are typical characteristics of these one-year
storms for most of Wisconsin.)
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
| |
|---|---|---|---|
|
0.5
|
1.8
|
0.9
| |
|
1
|
1.1
|
1.1
| |
|
2
|
0.7
|
1.3
| |
|
3
|
0.5
|
1.5
| |
|
6
|
0.3
|
1.7
| |
|
12
|
0.2
|
2.0
| |
|
24
|
0.1
|
2.3
|
The entire area of five acres or more, or a street surface
of 100 linear feet or more, included in the legal description of the
land on which 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 identified
by the Village of Brandon.
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.
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
(1)
Those lands over five acres in area requiring a subdivision plat
approval; commercial, industrial or institutional buildings on lots
of five acres or more;
(2)
Those projects of 100 linear feet or more involving street, highway,
road, or bridge construction, enlargement, relocation, or reconstruction;
or
(3)
Those projects involving the laying, repairing, replacing, or enlarging
of an underground pipe or facility for a distance of 100 feet or more.
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,
hydro-cyclones, 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 of Brandon. Water may not be discharged in a manner that
causes erosion of the site or receiving channels.
(a)
There are many ways to meet this particle size performance objective,
depending on the pumping rate. As an example, if the pumping rate
is very low (one gallon per minute), then an inclined or vertical
enlarged pipe (about eight inches in diameter for a pumping rate of
one gallon per minute) several feet long would be an adequate control
device to restrict the discharge of 100 micron, and larger, particles.
As the pumping rate increases, then the device must be enlarged. At
a moderate (100 gallons per minute) pumping rate, a vertical section
of corrugated steel pipe, or concrete pipe section, or other small
tank (about 4 1/2 feet across for a pumping rate of 100 gallons
per minute) several feet tall would be adequate. With these pipe sections
or small tanks, inlet baffles would be needed to minimize turbulence.
With very large pumping rates (10,000 gallons per minute), sediment
basins (about 35 feet in diameter for a pumping rate of 10,000 gallons
per minute) at least three feet in depth with a simple (but adequately
sized) pipe outlet would be needed. More sophisticated control devices
(such as swirl concentrators or hydro-cyclones) could be specially
fabricated that would generally be smaller than the simple sedimentation
devices described above, but they would not be required.
(b)
The performance standard
of 100 micron maximum particles in the dewatering water at the maximum
pumping rate significantly reduces the liability of the contractor
when compared to a standard of no visible particulate matter. If a
properly sized device is correctly used, based on the 100 micron particle
size performance standard, then discharges of visible particulate
matter would not constitute a violation. It is not possible to design
a control device that would ensure no visible particulate matter discharges.
This 100 micron standard is intended to significantly reduce sedimentation
problems in downstream drainage systems and in the receiving waters
that are caused by large particles. Visible particulate matter will
probably still occur in water meeting this standard, as most turbidity
effects are caused by very small particles that usually do not cause
as severe of a sedimentation problem as larger particles. This 100
micron particle size performance standard was therefore selected to
be easily met and enforced and to reduce sedimentation problems. A
no visible particulate matter standard in contrast could not be met
easily or cheaply, violations would frequently occur, and inspectors
would have to make frequent site visits and require frequent control
device changes. In addition, particle size measurements would not
be required to prove compliance with the 100 micron performance standard.
Only the proper use of a device designed to meet this particle size
criteria is needed. However, if a contractor or site engineer feels
that the dewatering water does not contain any particles larger than
100 microns, no control device would be needed if optional frequent
particle size analyses confirm that fact. In most cases, the use of
the simple control devices described previously would be less expensive
and less bothersome than performing frequent particle size analyses.
(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 and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(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 accepted
design criteria, standards and specifications.
(5)
Site erosion control. The following criteria [Subsection B(5)(a) through (d)] apply only to land development or land disturbing activities that result in runoff leaving the site.
(a)
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 in Subsection B(5)(c). 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 foot per second across the disturbed area for the set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. (Note: Natural Resources Conservation Service guidelines for allowable velocities in different types of channels should be followed.)
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled
by meeting the following criteria:
[1]
For sites of less than 10 acres disturbed at one time, filter
fences, straw bales, or equivalent control measures shall be placed
along all side slope and down slope 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.
[2]
For sites with more than 10 acres 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 be constructed in accordance with
accepted design specifications. 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 the set of one-year design
storms having durations from 0.5 to 24 hours. The basin discharge
rate shall also be sufficiently low as to not cause erosion along
the discharge channel or the receiving water.
(d)
Any soil or dirt storage piles containing more than 10 cubic
yards of material should not be located with a down slope drainage
length of less than 15 feet to a roadway or drainage channel.
(e)
In-street utility repair or construction soil or dirt storage,
for applicable project sites, must be protected with straw bale or
other appropriate filtering barriers to prevent down-site erosion.
A.
Approval. 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 a permit from the
Village of Brandon. The landowner or land user shall submit an application
for a permit and a control plan and pay an application fee to the
Village. By submitting an application, the applicant authorizes the
inspector designed by the Village to enter the site to obtain information
required for the review of the control plan.
B.
Content of the control plan for land disturbing activities covering
five acres or more:
(1)
Existing site map. A map of the existing site conditions on a scale
of at least one inch equals 100 feet showing the site and immediately
adjacent areas. The site plan shall include:
(a)
Site boundaries and adjacent lands which accurately identify
the site location.
(b)
Site identification information to include all streams, wetlands,
channels, ditches and other watercourses, floodplain information,
information on vegetative cover, locations and dimensions of stormwater
drainage systems, and natural drainage patterns, and locations and
dimensions of utilities, structures, and roads.
(2)
Site construction plan. Location, description, and dimensions of
all construction site management control measures necessary to meet
the requirements of this article and provisions for maintenance of
the construction site control measures during construction.
(3)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes.
C.
Review of control plan. Within 10 work days of receipt of the application,
control plan, and fee, the inspector designated by the Village will
review the application and control plan to determine if the requirements
of this article are met. If the requirements of this article are met,
the inspector shall approve the plan and issue the permit. If the
requirements of this article are not met, he shall so advise the applicant
of the reasons for disapproval of the permit.
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 Brandon
may extend the period one or more times for up to an additional 180
days. The Village of Brandon may require additional control measures
as a condition of the extension if they are necessary to meet the
requirements of this article.
(2)
Surety bond. As a condition of approval and issuance of the permit,
the Village of Brandon may require the applicant to deposit a surety
bond or irrevocable letter of credit to guarantee a good faith execution
of the approved control plan and any permit conditions.
(3)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the Village of Brandon within 48 hours of commencing
any land disturbing activity;
(b)
Notify the Village of Brandon of completion of any control measures
within 14 days after their installation;
(c)
Obtain permission, in writing, from the Village of Brandon prior
to modifying the control plan;
(d)
Install all control measures as identified in the approved control
plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan;
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities;
(g)
Inspect the construction control measures after each rain of
0.5 inch or more and at least each week and make needed repairs;
(h)
Allow the Village of Brandon 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
(i)
Keep a copy of the control plan on the site.
A.
The inspector shall inspect construction sites as often as he deems
it appropriate to ensure compliance with this article.
B.
If land disturbing or land development activities are being carried
out without a permit, the inspector shall enter the land pursuant
to the provisions of § 66.0119, Wis. Stats.
B.
If the permittee does not cease the activity or comply with the control
plan or permit conditions within 10 days, the Village of Brandon 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 Brandon may
request the Village Attorney to obtain a cease and desist order.
D.
The Village of Brandon or the Zoning Board of Appeals may retract
the stop-work order or the revocation.
