The Town 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 Town of Buchanan.
[Amended 11-10-2016 by Res. No. 2016-05]
The code provisions described and defining regulations with
respect to erosion and sediment control in Chapter 20, Outagamie County
Municipal Code, are hereby adopted and by reference made a part of
this article as if fully set forth herein. Any act required to be
performed or prohibited by a code provision incorporated herein by
reference is required or prohibited by this article. Any further amendments,
revisions or modifications of the code provisions incorporated herein
are intended to be made part of this article to ensure uniform county-wide
erosion and sediment controls. A copy of the Outagamie County Municipal
Code provisions and any further amendments shall be kept on file in
the Town Administrator's office.
The fees referred to in other sections of this article shall
be established by the Town Board and may from time to time be modified
by resolution. A schedule of the fees established by the Town Board
shall be available for review at the Town of Buchanan Town Hall.
If land-disturbing construction activities are being carried
out without a permit required by this article, the Town of Buchanan
or its designee may enter the land pursuant to the provisions of §§ 66.0119(1),
(2) and (3), Wis. Stats.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this article unconstitutional or invalid,
the remainder of the ordinance shall remain in force and not be affected
by such judgment.
This article shall be in force and effect from and after its
adoption and publication. The above and foregoing article was duly
adopted by the Town Board of the Town of Buchanan.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
municipality which has adopted this article than those minimum requirements
specifically required by State of Wisconsin Statutes and Department
of Natural Resources regulations.