[HISTORY: Adopted by the Town Board of the Town of Greenville
(now Village Board of the Village of Greenville) 3-27-2017 by Ord. No. 5-17.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
117, Erosion and Sediment Control, adopted 5-12-2008. The Erosion
and Sediment Control Reference Guide adopted by this ordinance is
on file at the Village office and available at greenvillewi.gov.
A.
This chapter is adopted by the Village of Greenville under the authority
granted by § 61.354 of the Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 hereby designates the Public Works Department 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:
The Village Board 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 Greenville.
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 Greenville.
A.
Applicability.
(1)
Where not otherwise limited by law, this chapter applies to all construction sites, unless the site is otherwise exempt under § 117-4A(2) or (3):
(a)
A permit is required for a construction site with 4,000 square feet or greater of land-disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a permitted site, including the § 117-7B performance standards, § 117-8 permit requirements, and § 117-9 plan requirements.
(b)
A permit is not required for a construction site with less than 4,000 square feet of land-disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a nonpermitted site, including the § 117-7A performance standards.
(c)
Notwithstanding the applicability requirements in § 117-4A(1)(a) and (b), a permit is required for a construction site with less than 4,000 square feet of land-disturbing construction activity if the administering authority determines that permit coverage is needed in order to improve chapter compliance, meet targeted performance standards, or protect waters of the state. If a permit is required, the responsible party shall comply with all applicable provisions of this chapter for a permitted site, including the § 117-7B performance standards, § 117-8 permit requirements, and § 117-9 plan requirements.
(d)
Utility work and other disturbances of a continuous distance
of 100 feet of road ditch, nonagricultural grass waterway or other
nonagricultural land area where drainage occurs in a watercourse.
(3)
A construction site exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land-disturbing construction activity, shall comply with § 117-7A performance standards if less than one acre of land-disturbing construction activity. The § 117-7B performance standards, § 117-8 permit requirements, and § 117-9 plan requirements are not applicable.
B.
Jurisdiction. This chapter applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Greenville.
C.
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under § 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 § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall have the
meanings indicated:
A governmental employee or their designees empowered under
§ 61.354, Wis. Stats., to administer this chapter. For the
purpose of this chapter, it is the Village of Greenville Public Works
Department under guidance from the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
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 administering authority 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.
A 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. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
An area upon which one or more land-disturbing construction
activities occur, including areas that are part of a larger common
plan of development.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall. The TP-40, Type II, twenty-four-hour
design storms for the Village of Greenville are: one-year, 2.2 inches;
two-year, 2.5 inches; five-year, 3.3 inches; ten-year, 3.8 inches;
twenty-five-year, 4.4 inches; fifty-year, 4.9 inches; and 100-year,
5.3 inches. The Atlas 14, MSE4, twenty-four-hour design storms for
the Village of Greenville are: one-year, 2.14 inches; two-year, 2.45
inches; five-year, 3.01 inches; ten-year, 3.51 inches; twenty-five-year,
4.24 inches; fifty-year, 4.85 inches; and 100-year, 5.50 inches.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
The creation from one or more parcels or building sites of
additional parcels or building sites 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 1.5 miles
of a fourth-class city or village.
Means that all land-disturbing construction activities at
the construction site have been completed and that a uniform perennial
vegetative cover has been established, with a density of at least
70% of the cover, for the unpaved areas and areas not covered by permanent
structures, or that employ equivalent permanent stabilization measures.
The Board of Trustees of the Village of Greenville.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this chapter.
Maximum extent practicable applies when the permit applicant demonstrates
to the administering authority's satisfaction that a performance standard
is not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
A specific precipitation distribution developed by the USDA,
NRCS, using precipitation data from Atlas 14.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the administering authority
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 § 283.01(13), Wis. Stats.
Has the meaning given in § 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.
Stormwater or precipitation, including rain, snowmelt 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:
Activities, including tree nursery operations, tree-harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
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 administering authority which requires
that all construction activity on the site be stopped.
A performance standard that will apply in a specific area,
where additional practices beyond those contained in this chapter,
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
A document that specifies design, predicted performance and
operation and maintenance specifications for a BMP, material, device
or method.
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
The United States Department of Agriculture, Natural Resources
Conservation Service (previously Soil Conservation Service), Urban
Hydrology for Small Watersheds, Second Edition, Technical Release
55, June 1986, which is incorporated by reference for this chapter.
A rainfall type curve as established in the United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149, published 1973, which is incorporated by reference for this chapter.
The Type II curve is applicable to all of Wisconsin and represents
the most intense storm pattern.
Has the meaning given in § 283.01(20), Wis. Stats.
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)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Ch. NR 151, Wis. Adm. Code.
(2)
Technical standards and other guidance identified within the Village
of Greenville Erosion and Sediment Control Reference Guide.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Said reference guide is on file at the Village
Hall and available at greenvillewi.gov.
(3)
Soil loss prediction tools, such as the Revised Universal Soil Loss Equation 2 (RUSLE2), that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards contained in § 117-7B.
(4)
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.
A.
Nonpermitted sites.
(1)
Responsible party. The landowner of the construction site or other
person contracted or obligated by other agreement with the landowner
to implement and maintain construction site BMPs is a responsible
party and shall comply with this chapter.
(2)
Requirements. At each site where land-disturbing construction activity
is to occur, BMPs shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into stormwater
inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainageways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers during the construction period. 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 chapter.
(3)
Location. BMPs shall be located so that treatment occurs before runoff
enters waters of the state and off-site separate storm sewers. However,
projects that require BMP placement in waters of the state, such as
a turbidity barrier, are not prohibited by this chapter.
(4)
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land-disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(5)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this chapter if the administering authority determines
that an added level of protection is needed to protect resources.
B.
Permitted sites.
(1)
Responsible party. The landowner or other person performing services
to meet the performance standards of this chapter, through a contract
or other agreement with the landowner, is a responsible party and
shall comply with this chapter.
(2)
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 117-9. The erosion and sediment control plan shall meet all of the applicable requirements contained in this chapter.
(3)
Requirements. The erosion and sediment control plan shall meet all
of the following:
(a)
The plan shall use BMPs to prevent or reduce all of the following:
[1]
The deposition of soil from being tracked onto streets by vehicles.
[2]
The discharge of sediment from disturbed areas into stormwater
inlets.
[3]
The discharge of sediment from disturbed areas into adjacent
waters of the state.
[4]
The discharge of sediment from drainageways that flow off the
site.
[5]
The discharge of sediment by dewatering activities.
[6]
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
[7]
The discharge of sediment from erosive flows at outlets and
in downstream channels.
[8]
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers during the construction period. 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 chapter.
[9]
The discharge of untreated wash water from vehicle and wheel
washing into waters of the state or off-site separate storm sewers.
(b)
For sites with one acre or more of land-disturbing construction
activity, the plan shall meet the following sediment performance standards:
[1]
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
[2]
Except as provided in § 117-7B(6), the administering authority may not require any person to employ more BMPs than are needed to meet the five-tons-per-acre-per-year sediment performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The administering authority may give credit toward meeting the sediment performance standard for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
[3]
Notwithstanding § 117-7B(3)(b)[1] and [2], if BMPs cannot be designed and implemented to meet the five-tons-per-acre-per-year sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c)
The plan shall incorporate all of the following preventative
measures:
[1]
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
[2]
Minimization of soil compaction and preservation of topsoil.
[3]
Minimization of land-disturbing construction activity on slopes
of 20% or more.
[4]
Development of spill prevention and response procedures.
(4)
Location. Best management practices shall be located so that treatment
occurs before runoff enters waters of the state and off-site separate
storm sewers. However, projects that require BMP placement in waters
of the state, such as a turbidity barrier, are not prohibited by this
chapter.
(5)
Implementation. The BMPs used to comply with this chapter shall be
implemented as follows:
(a)
In accordance with the plan developed pursuant to § 117-9, the erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(d)
Temporary stabilization activity shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(e)
Best management practices that are no longer necessary for erosion
and sediment control shall be removed by the responsible party.
(6)
Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 117-7B(3) in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land-disturbing construction activity.
(7)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this section if the administering authority determines
that an added level of protection is needed to protect resources.
Also, the administering authority may establish erosion and sediment
control requirements less stringent than those set forth in this section
if the administering authority determines that less protection is
needed to protect resources. However, the alternative requirements
shall not be less stringent than those requirements promulgated in
rules by Wisconsin Department of Natural Resources under Ch. NR 151,
Wis. Adm. Code.
A.
Permit required. When a permit is 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 administering authority.
B.
Permit application and fees. When a permit is required, 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 § 117-9 and shall pay an application fee according to the fee schedule to the Village of Greenville. By submitting an application, the applicant is authorizing the administering authority 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 administering authority
shall review any permit application that is submitted with an 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 § 117-8B, the administering authority 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 administering
authority shall issue the permit.
(3)
If the permit application or plan is disapproved, the administering
authority shall state in writing the reasons for disapproval.
(4)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority 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 administering authority to inform the permit applicant
of a decision within 20 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.
Financial guarantee. As a condition of approval and issuance of the
permit, the administering authority may require the applicant to deposit
a surety bond, cash escrow, or irrevocable letter of credit to guarantee
a good-faith execution of the approved erosion and sediment control
plan and any permit conditions. The financial guarantee shall be in
an amount determined by the administering authority for the estimated
construction and maintenance of the practices called for in the erosion
and sediment control plan. The administering authority may require
the site to be certified by a professional engineer. The financial
guarantee shall give the administering authority the funds to complete
the erosion and sediment control practices if the landowner defaults
or does not properly implement the approved erosion and sediment control
plan. Improper implementation of the plan shall be upon written notice
by the administering authority that the requirements of this chapter
have not been met.
(1)
The administering authority shall release the portion of the financial
guarantee established under this section, less any costs incurred
by the administering authority to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial prorated
release of the financial guarantee based on the completion of various
development stages.
E.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with § 117-13.
(1)
Notify the administering authority within 48 hours of commencing
any land-disturbing construction activity.
(2)
Notify the administering authority of completion of any BMPs within
10 business days after their installation.
(3)
Obtain permission, in writing, from the administering authority prior to any modification pursuant to § 117-9B 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, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land-disturbing construction activities,
and document repairs in weekly inspection reports.
(7)
Conduct construction site inspections at least once per week and
within 24 hours after a precipitation event of 0.5 inch or greater.
Repair or replace erosion and sediment control BMPs as necessary within
24 hours of an inspection or notification that repair or replacement
is needed. Maintain, at the construction site, weekly written reports
of all inspections. Weekly inspection reports shall include all of
the following: date, time and location of the construction site inspection;
the name of individual who performed the inspection; an assessment
of the condition of erosion and sediment controls; a description of
any erosion and sediment control BMP implementation and maintenance
performed; and a description of the present phase of land-disturbing
construction activity at the construction site.
(8)
Allow the administering authority 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, stormwater management plan, amendments, weekly inspection reports,
and permit at the construction site until permit coverage is terminated.
(9)
The permit applicant shall post the "certificate of permit coverage"
in a conspicuous location 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 administering authority may extend the period one or
more times for up to an additional 180 days. The administering authority
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.
I.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of land-disturbing construction
activity.
A.
Plan requirements. The erosion and sediment control plan required under § 117-7B shall comply with the Village of Greenville Erosion and Sediment Control Reference Guide[1] and contain, at a minimum, the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
A site map with property lines, disturbed limits, and drainage patterns.
(4)
Total area of the site and total area of the construction site that
is expected to be disturbed by construction activities.
(5)
Performance standards applicable to site.
(6)
Proposed best management practices.
(7)
Erosion and sediment control plan narrative.
(8)
Construction sequence and construction schedule.
(9)
The erosion and sediment control plan shall include, at a minimum,
the items specified in the Village of Greenville Erosion and Sediment
Control Reference Guide and RUSLE2.
[1]
Editor's Note: Said reference guide is on file at the Village
Hall and available at greenvillewi.gov.
B.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
There is a change in design, construction, operation, maintenance
or schedule at the site which has the reasonable potential for the
discharge of pollutants to waters of the state or separate storm sewers
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 administering authority notifies the applicant of changes needed
in the plan.
C.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of disturbance.
The fees referred to in other sections of this chapter shall
be established by the Village of Greenville Board and may from time
to time be modified by resolution. A schedule of the fees established
by the Village Board shall be available for review in the Village
office.
Whenever land-disturbing construction activities are being carried
out, the administering authority may enter the land pursuant to the
provisions of § 66.0119(1), (2), and (3), Wis. Stats.
A.
The administering authority may post a stop-work order if any of
the following occurs:
(1)
Any land-disturbing construction activity is being undertaken without a permit and, pursuant to § 117-4A of this chapter, a permit is required for the construction site.
(2)
The erosion and sediment control plan is not being implemented in
a good-faith manner.
(3)
The conditions of the permit are not being met.
(4)
Any land-disturbing construction activity is in violation of the
chapter.
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 administering
authority 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 administering authority, or if a responsible party violates a stop-work order posted under § 117-12A, the administering authority 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 § 117-12A, the administering authority may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The administering authority may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this chapter by the administering authority, plus interest at the rate authorized by Village Board, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. 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 Subch. VII of Ch. 66, Wis. Stats.
F.
The forfeiture amount of a violation, upon conviction, shall be as
set from time to time by ordinance in the Fine and Forfeiture Schedule
of the Village of Greenville. Each calendar 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 injunctional proceedings.
A.
Board of Appeals. The Board of Appeals created pursuant to Part 320-200, Article III, Board of Appeals, of Chapter 320, Zoning, and pursuant to § 62.23(7)(e), Wis. Stats.:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this chapter except for cease-and-desist orders obtained under § 117-12C;
(2)
Upon appeal, 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 the
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 of Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau of
the Village of Greenville affected by any decision of the administering
authority.
In any particular case where the landowner can show that, by
reason of exceptional topography or other physical condition, strict
compliance with any requirement of this chapter would cause unnecessary
hardship, the Board of Appeals may grant a variance, provided that
such relief may be granted without detriment to the public good and
without impairing the intent and purpose of this chapter or the desirable
general development of the Village. No variance shall be granted by
the Board which is contrary to provisions of the Wisconsin Administrative
Code or the Wisconsin Statutes.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
Nothing in this chapter creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
municipality which has adopted this chapter than those minimum requirements
specifically required by State of Wisconsin Statutes and Department
of Natural Resources regulations.
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 Greenville on the 27th
day of March 2017.
