[Ord. 230, 2005]
A.
The ordinance codified in this chapter is adopted under the authority
granted by Section 61.354, Wis. Stats. for Villages. The ordinance
codified in this chapter supersedes all provisions of an ordinance
previously enacted under Section 61.35, Wis. Stats. that relate to
construction site erosion control. Except as otherwise specified in
Stats. 61.354 Wis. Stats. Section 61.35, Wis. Stats., applied to this
chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board designates the Village of Darien to administer
and enforce the provisions of this chapter.
D.
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
1.
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under Sections 281.16 and
283.33, Wis. Stats.;
2.
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under Section NR
151.004, Wis. Adm. Code.
[Ord. 230, 2005]
The Village of Darien finds that runoff from land disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in the Village of Darien.
[Ord. 230, 2005]
It is the purpose of this chapter to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land disturbing construction
activity to waters of the state in the Village of Darien.
[Ord. 230, 2005]
A.
Applicability.
2.
This chapter does not apply to the following:
a.
Land disturbing construction activity that includes the construction
of a building in which erosion control is regulated by the Wisconsin
Department of Commerce under Section 21.125 Wis. Dept. of Comm. or
Section 50.115, Wis. Adm. Code;
b.
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Chapter 40, Code of Federal
Regulations, part 122, for land disturbing construction activity;
c.
Nonpoint discharges from agricultural facilities and practices;
d.
Nonpoint discharges from silviculture activities;
e.
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
3.
Notwithstanding the applicability requirements in Subsection (A)(1)(a),
this section applies to construction sites of any size that, in the
opinion of the Village of Darien, are likely to carry sediment and
pollutants to downstream storm water facilities and waters of the
state of which degrades safe and healthful conditions or endangers
property, the environment, or downstream facilities.
B.
Jurisdiction. This chapter applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Darien.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under Section 227.01(1), Wis. Stats,
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under Section 281.33(2), Wis. Stats.
[Ord. 230, 2005]
As used in this chapter:
A governmental employee, or a regional planning commission
empowered under Section 61.354, Wis. Stats. that is designated by
the Village of Darien to administer this chapter.
Has the meaning in Section 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
A day the office of the Village hall is routinely and customarily
open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
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 creation from one parcel of two or more parcels or buildings
site of one or fewer acres each in area where such creation occurs
at one time or through the successive partition within a five-year
period.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1 1/2
miles of a fourth class city or Village.
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 that employ equivalent permanent stabilization measures.
County board of supervisors, city council, and Village Board
of trustees or Village council.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover, that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village of Darien to
the applicant to conduct land disturbing construction activity or
to discharge post-construction runoff to waters of the state.
Has the meaning given in Section 283.01(13), Wis. Stats.
Has the meaning given in Section 281.01(10), Wis. Stats.
Any entity holding fee title to the property or performing
services to meet the performance standards of this chapter through
a contract or other agreement.
Storm water or precipitation including rain, snow, or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
A conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
An order issued by the Village of Darien, which requires
that all construction activity on the site be stopped.
A document that specifies design, predicted performance,
and operation and maintenance specifications for a material, device
or method.
Has the meaning given in Section 281.01(18), Wis. Stats.
[Ord. 230, 2005]
A.
Design Criteria, Standards and Specifications. All BMPs required
to comply with this chapter shall meet the design criteria, standards
and specifications based on any of the following:
1.
Applicable design criteria, standards and specifications as maintained
by the Wisconsin Department of Natural Resources. Design criteria,
standards, and specifications may be found on the Wisconsin Department
of Natural Resources internet site.
2.
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Chapter 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.
[Ord. 230, 2005]
A.
Responsible Party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with Section 17.25.090 of this chapter, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with Section 17.25.090 and implemented for each construction site.
C.
Erosion and Other Pollutant Control Requirements. The plan required under Subsection B of this section shall include the following:
1.
BMPs that, by design, achieve to the maximum extent practicable,
a reduction of 80% of the sediment load carried in runoff, on an average
annual basis, as compared with no sediment or erosion controls until
the construction site has undergone final stabilization. No person
shall be required to exceed an 80% sediment reduction to meet the
requirements of this section. Erosion and sediment control BMPs may
be used alone or in combination to meet the requirements of this section.
Credit toward meeting the sediment reduction shall be given for limiting
the duration or area, or both, of land disturbing construction activity,
or other appropriate mechanism.
2.
Notwithstanding Subsection (CXI) of this section, if BMPs cannot
be designed and implemented to reduce the sediment load by 80%, on
an average annual basis, the plan shall include a written and site-specific
explanation as to why the 80% reduction goal is not attainable and
the sediment load shall be reduced to the maximum extent practicable.
3.
Where appropriate, the plan shall include sediment controls to do
all of the following to the maximum extent practicable:
4.
The use, storage, and disposal of chemicals, cement and other compounds
and materials used on the construction site shall be managed during
the construction period, to prevent their entrance into waters of
the state. However, projects that require the placement of these materials
in waters of the state, such as constructing bridge footings or BMP
installations, are not prohibited by this section.
D.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
E.
Alternate Requirements. The Village of Darien may establish storm
water management requirements more stringent than those set forth
in this section if the Village of Darien determines that an added
level of protection is needed for sensitive resources.
[Ord. 230, 2005]
A.
Permit Required. No responsible party may commence a land disturbing
construction activity subject to this chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Village of Darien.
B.
Permit Application and Fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 17.25.090 and shall pay an application fee as required in Section 17.25.010 to the Village of Darien. By submitting an application, the applicant is authorizing the Village of Darien to enter the site to obtain information required for the review of the erosion and sediment control plan.
C.
Review and Approval of Permit Application. The Village of Darien
shall review any permit application that is submitted with erosion,
and sediment control plan, and the required fee. The following approval
procedure shall be used:
1.
Within 20 business days of the receipt of a complete permit application, as required by Subsection B of this section the Village of Darien shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
2.
If the permit application and plan are approved, the Village of Darien
shall issue the permit.
3.
If the permit application or plan is disapproved, the Village of
Darien shall state in writing the reasons for disapproval.
4.
The Village of Darien may request additional information from the
applicant. If additional information is submitted, the Village of
Darien shall have 20 business days from the date the additional information
is received to inform the applicant that the plan is either approved
or disapproved.
5.
Failure by the Village of Darien to inform the permit applicant of
a decision within 30 business days of a required submittal shall be
deemed to mean approval of the submittal and the applicant may proceed
as if a permit had been issued.
D.
Surety Bond. As a condition of approval and issuance of the permit,
the Village of Darien may require the applicant to deposit a surety
bond or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion control plan and any permit conditions.
E.
Permit Requirements. All permits shall require the responsible party
to:
1.
Notify the Village of Darien within 48 hours of commencing any land
disturbing construction activity;
2.
Notify the Village of Darien of completion of any BMPs within 14
days after their installation;
3.
Obtain permission in writing from the Village of Darien prior to any modification pursuant to Section 17.25.090(A)(3) of the erosion and sediment control plan;
4.
Install all BMPs as identified in the approved erosion and sediment
control plan;
5.
Maintain all road drainage systems, storm water drainage systems,
BMPs, and other facilities identified in the erosion and sediment
control plan:
6.
Repair any siltation or erosion damage to adjacent lands and drainage
ways resulting from land disturbing construction activities and document
repairs in a site erosion control log;
7.
Inspect the BMPs within 24 hours after each rain of 1/2 inch or more
which results in runoff during active construction periods, and at
least once each week make needed repairs and document the findings
of the inspections in a site erosion control log with the date of
inspection, the name of the person conducting the inspection, and
a description of the present phase of the construction at the site;
8.
Allow the Village of Darien to enter the site for the purpose of
inspecting compliance with the erosion and sediment control plan or
for performing any work necessary to bring the site into compliance
with the control plan. Keep a copy of the erosion and sediment control
plan at the construction site.
G.
Permit Duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The Village of Darien may extend the period one or more
times for up to an additional 180 days. The Village of Darien may
require additional BMPs as a condition of the extension if they are
necessary to meet the requirements of this chapter.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this chapter until the site has undergone final
stabilization.
[Ord. 230, 2005]
A.
Erosion and Sediment Control Plan.
1.
An erosion and sediment control plan shall be prepared and submitted
to the Village of Darien.
2.
The erosion and sediment control plan shall be designed to meet the performance standards in Section 17.25.070 and other requirements of this chapter.
3.
The erosion and sediment control plan shall address pollution caused
by soil erosion and sedimentation during construction and up to final
stabilization of the site. The erosion and sediment control plan shall
include, at a minimum, the following items:
a.
The name(s) and address(es) of the owner or developer of the
site, and of any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm.
The application shall also include start and end dates for construction.
b.
Description of the site and nature of the construction activity,
including representation of the limits of land disturbance on a United
States Geological Service 7 1/2 minute series topographic map.
c.
A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
d.
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
e.
Estimates, including calculations, if any, of the runoff coefficient
of the site before and after construction activities are completed.
f.
Calculations to show the expected percent reduction in the average
annual sediment load carried in runoff as compared to no sediment
or erosion controls.
g.
Existing data describing the surface soil as well as sub-soils.
h.
Depth to groundwater, as indicated by natural resources conservation
service soil information where available.
i.
Name of the immediate named receiving water from the United
States Geological Service 7 1/2 minute series topographic maps.
4.
The erosion and sediment control plan shall include a site map. The
site map shall include the following items and shall be at a scale
not greater than 100 feet per inch and at a contour interval not to
exceed two feet.
a.
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches, and other watercourses on and immediately adjacent
to the site shall be shown. Any identified one-hundred-year flood
plains; flood fringes and floodways shall also be shown.
b.
Boundaries of the construction site.
c.
Drainage patterns and approximate slopes anticipated after major
grading activities.
d.
Areas of soil disturbance.
e.
Location of major structural and nonstructural controls identified
in the plan.
f.
Location of areas where stabilization practices will be employed.
g.
Areas, which will be vegetated following construction.
h.
Aerial extent of wetland acreage on the site and locations where
storm water is discharged to a surface water or wetland.
i.
Locations of all surface waters and wetlands within one mile
of the construction site.
j.
An alphanumeric or equivalent grid overlying the entire construction
site map.
5.
Each erosion and sediment control plan shall include a description
of appropriate controls and measures that will be performed at the
site to prevent pollutants from reaching waters of the state. The
plan shall clearly describe the appropriate control measures for each
major activity and the timing during the construction process that
the measures will be implemented. The description of erosion controls
shall include, when appropriate, the following minimum requirements:
a.
Description of interim and permanent stabilization practices,
including a practice implementation schedule. Site plans shall ensure
that existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized;
b.
Description of structural practices to divert flow away from
exposed soils, store flows or otherwise limit runoff and the discharge
of pollutants from the site. Unless otherwise specifically approved
in writing by the Village of Darien, structural measures shall be
installed on upland soils;
c.
Management of overland flow at all sites, unless otherwise controlled
by outfall controls;
d.
Trapping of sediment in channelized flow;
e.
Staging construction to limit bare areas subject to erosion;
f.
Protection of down slope drainage inlets where they occur;
g.
Minimization of tracking at all sites;
h.
Clean up of off-site sediment deposits;
i.
Proper disposal of building and waste materials at all sites;
j.
Stabilization of drainage ways;
k.
Control of soil erosion from dirt stockpiles;
l.
Installation of permanent stabilization practices as soon as
possible after final grading;
m.
Minimization of dust to the maximum extent practicable.
6.
The erosion and sediment control plan shall require that velocity
dissipation devices be placed at discharge locations and along the
length of any outfall channel, as necessary, to provide a nonerosive
flow from the structure to a water course so that the natural physical
and biological characteristics and functions are maintained and protected.
B.
Erosion and Sediment Control Plan Statement. For each construction site identified under Section 17.25.040(A)(3), an erosion, and sediment control plan statement shall be prepared. This statement shall be submitted to the Village of Darien. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this chapter, including the site development schedule.
C.
Amendments. The applicant shall amend the plan if any of the following
occur:
1.
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan;
2.
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff;
3.
The Village of Darien notifies the applicant of changes needed in
the plan.
[Ord. 230, 2005]
The fees referred to in other sections of this chapter shall
be established by the Village of Darien and may from time to time
be modified by resolution. A schedule of the fees established by the
Village of Darien shall be available for review in the Village hall.
[Ord. 230, 2005]
If land disturbing construction activities are being carried
out without a permit required by this chapter, the Village of Darien
may enter the land pursuant to the provisions of Section 66.0119(1),
(2) and (3), Wis. Stats.
[Ord. 230, 2005]
A.
The Village of Darien may post a stop-work order if any of the following
occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the Village
of Darien may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Village of Darien, or if a responsible party violates a stop-work order posted under Subsection A of this section, the Village of Darien may request the Village attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection (A)(1) of this section, the Village of Darien may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Village of Darien may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Village of Darien, plus interest at the rate authorized by Village of Darien shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
F.
Any person violating any of the provisions of this chapter shall
be subject to a forfeiture of not less than $500 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
G.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunction proceedings.
[Ord. 230, 2005]
A.
Board of Appeals. The Board of Appeals created pursuant to Section 2.28.020 of the Village's ordinance pursuant to Section 62.23(7)(e) Wis. Stats.:
1.
Shall hear and decide appeals where it is alleged that there is error in any order, decision, or determination made by the Village of Darien in administering this chapter except for cease and desist orders obtained under Section 17.25.120(C) of this chapter;
2.
Upon appeal, the board may authorize variances from the provisions
of this chapter which are not contrary to the public interest and
where owing to special conditions a literal enforcement of the provisions
of this chapter will result in unnecessary hardship; and
3.
Shall use the rules, procedures, duties, and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who May Appeal? Appeals to the board may be taken by any aggrieved
person or by any office, department, board, or bureau of the Village
of Darien affected by any decision of the Village of Darien.
[Ord. 230, 2005]
If a court of competent jurisdiction judges any section, clause,
provision, or portion of this chapter unconstitutional or invalid,
the remainder of this chapter shall remain in force and not be affected
by such judgment.
[Ord. 230, 2005]
The ordinance codified in this chapter shall be in force and
effect from and after its adoption and publication. The above and
foregoing chapter was duly adopted by the Village Board of the Village
of Darien on the 16th day of May 2005.
