[HISTORY: Adopted by the Common Council of the City of Port Washington as § 15.13 of the 1984 Code. Amendments noted where applicable.]
The City of Port Washington finds that urbanizing land uses have accelerated the process of soil erosion and sedimentation in the waters of the City. The purpose of this chapter is, therefore, to conserve the soil, water, and related resources and control erosion and sedimentation caused by land disturbing activities. Such conservation activities will preserve natural resources, control floods, protect the capacity of drainage facilities, protect the quality of public waters, and protect the tax base.
Any land disturbing activity shall be subject to the erosion and sediment control provisions of this chapter if:
A. 
An area of 4,000 square feet or greater will be disturbed by excavation, grading, filling, or other earthmoving activities, resulting in the loss or removal of protective ground cover or vegetation;
B. 
Excavation, fill, or any combination thereof will exceed 400 cubic yards;
C. 
Any public (federal, state or local) street, road or highway is to be constructed, enlarged, relocated or substantially reconstructed;
D. 
Any watercourse is to be changed or enlarged, or materials are removed from stream or lake beds; or
E. 
It is any proposed land use by a unit of government or by public or private utilities in which underground conduits, piping, wiring, water lines, sanitary sewers or storm sewers, or similar structures will be laid, repaired, replaced or enlarged, if such use involves more than 300 linear feet of earth disturbance.
Any owner, land occupier, or land user performing an activity described in § 446-2 of this chapter shall comply with the following standards and criteria:
A. 
General erosion and sediment control standard. The City Engineer shall not approve plans nor shall the City Building Inspector issue permits required by this chapter for land disturbing uses unless erosion and sedimentation during and after the land disturbance will not exceed that which would have been eroded if the land had been left in its undisturbed state and/or area controlled in accordance with established specifications, including but not limited to the Wisconsin Construction Site Best Management Practice Handbook or other technical guidelines as developed by Wisconsin Department of Natural Resources, Bureau of Water Resources Management, Nonpoint Source and Land Management Section.
B. 
Standard for tracking. For plan approval and issuance of a permit, there must be adequate provisions to prevent the tracking or causing of any material to accumulate from the site onto any public or private street or property. Any material reaching a public or private street or property shall be removed by mechanical means (not flushing) before the end of each workday.
C. 
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 City Engineer; water may not be discharged in a manner that causes erosion of the site or receiving channels.
D. 
Drain inlet protection. All storm drain inlets shall be protected with straw bales, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.
E. 
Design criteria, engineering standards and general principles. This section does not require the use of any particular type of structural or nonstructural measures to control erosion and sedimentation. The applicant for a permit may employ any structural or nonstructural measures which he believes to be necessary to achieve all applicable standards set forth in this chapter. However, the City Engineer is required to evaluate these measures to determine that they follow currently accepted design criteria and engineering standards. The following general principles shall be used by the City Engineer when evaluating erosion control plans by this chapter:
(1) 
Erosion control plans shall incorporate best management practices to reduce soil loss during construction.
(2) 
The smallest practical area of land shall be exposed at any given time during development.
(3) 
Such minimum exposure shall be kept to as short a duration of time as is practicable.
(4) 
Temporary vegetation, mulching, or other cover shall be used to protect critical areas, and permanent vegetation shall be installed as soon as practical.
(5) 
Sod shall be laid in strips at those intervals necessary to prevent erosion and at right angles to the direction of drainage.
(6) 
The plan of development shall relate to the topography and soils of the site so that the lowest potential for erosion is created.
(7) 
Natural plant covering shall be retained and protected and shall be deemed a dominant factor in developing the site.
F. 
Standards for filling. All fill material placed on any lot or parcel shall consist of nonodorous and noncombustible material which shall be free of garbage, decomposable substance, food waste, and organic material other than soil. The following materials are specifically prohibited:
(1) 
Cardboard boxes, wooden boxes and other containers.
(2) 
Wood, excelsior and other combustible or flammable materials.
(3) 
Garage sweepings, fly ash (wet or dry) and industrial acids.
(4) 
Any material which is likely, after exposure to the elements, to become capable of becoming airborne.
G. 
Additional land disturbing standards.
(1) 
The top 16 inches of all fills shall be of soil and the upper four inches thereof shall be of topsoil suitable for growing vegetation. No area shall be filled to a maximum height greater than five feet above the grade of the immediately adjacent lands. If dust shall accumulate upon the surface of the fill, the permittee shall furnish facilities in order to provide for proper settling of the dust by sprinkling water thereon, or by the application of calcium chloride or other suitable substances, all of which shall be subject to approval of the City Engineer, both as to quality of materials and manner of application.
(2) 
All land disturbing projects shall be landscaped immediately upon completion of the project. Where immediate landscaping is determined by the City Plan Commission to be impracticable due to climate, weather, labor supply, or other relevant conditions, the Plan Commission shall set a time when landscaping shall be completed. In no case shall landscaping be delayed for more than one year after the completion of the project.
(3) 
The finished grade of any lot that is filled shall be according to the grading plan recommended by the Division of Engineering.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
In order to protect adjacent property owners from possible damage due to change in the existing grade of adjoining lands, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio of more than one foot vertical to four feet horizontal within a distance of 30 feet from the property line, except with the written consent of the abutting property owner and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of repose of the material involved, and all slopes shall be protected against erosion.
(5) 
In the event any property owner changes or permits a change to be made in the grade of his property that adversely affects the depth of water and sewer services, or any other utility, said property owner may be required to pay any cost incurred by the City in the raising or lowering of said utilities or for reconstructing the property to proper grade.
Unless specifically exempted herein, no landowner, land occupier, or land user may undertake a land disturbing activity without having applied for and received an erosion control permit.
A. 
Each application for an erosion control permit shall be made in duplicate to the Building Inspector on forms furnished by the City and shall include the following where applicable:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Name and address of the applicant, owner of the site, architect, professional engineer, and contractor.
(2) 
Description of the subject site by lot, block, and recorded subdivision or metes and bounds.
(3) 
Erosion control plan.
(4) 
Receipt of paid permit fee from the City Treasurer.
B. 
The following exceptions are provided from the erosion control permit requirement:
(1) 
The owner and occupier of public lands are exempt from the payment of any permit fee.
(2) 
The City may, for its convenience, enter into an agreement with public or private utilities and governmental units to waive the need for a permit for each individual land disturbing activity if the utility or governmental unit will agree to adopt and follow a procedure for each land disturbing activity which meets all applicable standards contained in § 446-3 of this chapter. Further, the agreement shall provide that in the event that a utility or governmental unit activity fails to meet the standard, the agreement shall terminate and the utility or governmental unit shall be subject to the penalties of this chapter.
A. 
Unless specifically exempted herein, every applicant for an erosion control permit shall submit a plan to control erosion and sedimentation which would result from the proposed activity.
B. 
If the proposed land disturbing activity involves three lots or less and five acres or less of land, the permit applicant may submit a simplified erosion control checklist plan on forms available from the City. An approved erosion control checklist plan specifying those control devices and practices necessary to control erosion and signed by the permit applicant and the City Engineer shall constitute the approved control plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A control plan shall be submitted if the proposed land disturbing activity involves four or more residential lots or greater than five acres of land. The control plan shall contain any such information the City Engineer may need to determine soil erosion and sedimentation potential and control. The City Engineer may require the following, as well as any other information which, in his judgment, is needed to evaluate the control plan:
A. 
A location map of the site at a scale not smaller than one inch equals 100 feet showing the location of the predominant soil types and the existing vegetative cover.
B. 
A topographic map at a scale not smaller than one inch equals 200 feet with a vertical contour interval of two feet of the site including enough of the contiguous properties to show existing on-site drainage patterns and watercourses that may affect or be affected by the proposed development of the site. The site boundaries shall also be shown clearly on the map.
C. 
A plan of the site at a scale not smaller than one inch equals 100 feet showing:
(1) 
The name, address, and telephone number of the land occupier, along with the name and telephone number of the party responsible for maintaining erosion control structures.
(2) 
The existing 100-year floodplains, flood fringes and floodways, lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site; also, when applicable, the City of Port Washington floodland zoning district boundaries.
(3) 
A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area of soil disturbing activity prior to the completion of effective measures for erosion and sediment control.
(4) 
Existing and proposed topography of the site with a maximum of two-foot contour intervals showing:
(a) 
Location of proposed land disturbing activity, proposed disturbance of protective cover, any proposed additional structure on the site, areas to be seeded or mulched, areas to be vegetatively stabilized and areas to be left undisturbed.
(b) 
Elevations, dimensions, and locations of all proposed soil disturbing activities, including where topsoil will be stockpiled so it will not contribute to erosion and sedimentation.
(c) 
The finished grade, stated in feet vertical per foot horizontal, of cut and fill slopes.
(d) 
The kinds of utilities and proposed areas of installation.
(e) 
Proposed paved and covered areas in square feet or to scale on a plan map.
(f) 
The type of proposed soil (upper 16 inches) on areas not covered by buildings, structures, or pavement. Description shall be in such terms as original surface soil, subsoil, sand, silt, clay or other.
(g) 
Proposed kind of cover on areas not covered by buildings, structures or pavement. Description shall be in such terms as lawn, turfgrass, shrubbery, trees, forest cover, riprap, mulch, or other.
(h) 
Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(i) 
Methods to prevent tracking of soil off the site of the land disturbing activity.
(j) 
Estimated cost of erosion and sediment control features.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The City's Division of Engineering shall receive all permit applications, which shall be accompanied by either an erosion control plan or an erosion control checklist plan. The City Engineer shall determine if measures included in the plan to control erosion and sedimentation during and after the land disturbing activities are adequate to meet all the applicable standards as set forth in § 446-3 of this chapter. Upon receipt of the City Engineer's review comments, the City shall inform the permit applicant whether the application is approved, approved conditionally with revisions, or disapproved. If the City approves the control plan, it shall issue the permit. If additional information or revisions are required, the City shall so notify the applicant. In the event that the plan is disapproved, the applicant may resubmit a new control plan or may appeal the City's decision as provided in § 159-13 of this Code. If the City requires revisions to the erosion control plan, the applicant must revise the permit application and control plan accordingly and reapply for the permit; however, no additional permit fee is required, or the applicant may appeal the decision as provided in § 159-13 of this Code.
All permits issued under this chapter shall be issued subject to the following conditions and requirements, and any permittee who begins to perform any land disturbing activity authorized by permit shall be deemed to have accepted all of these conditions:
A. 
All land disturbances, construction and development will be done pursuant to the erosion control plan as approved by the City.
B. 
The permittee shall give at least two working days' notice to the City in advance of the start of any land disturbing activity.
C. 
The permittee shall request a final inspection of all land disturbing activities and/or the completion of installation of all on-site detention facilities immediately upon completion or prior to removing equipment from the site.
D. 
Approval must be obtained from the City Building Inspector prior to any modifications to the approved erosion control plan.
E. 
The permittee will be responsible for maintaining all public rights-of-way, streets, runoff and drainage systems, and drainageways as specified in the approved erosion control plan until they are accepted and become the responsibility of a governmental entity.
F. 
The permittee will be responsible for repairing any damage at his expense to all adjoining drainage systems caused by excessive sedimentation resulting from activities which are not in compliance with the approved erosion control plan.
G. 
The permittee must provide and install at his expense all drainage and erosion control improvements required by this chapter and the approved erosion control plan.
H. 
No work will be done on the site during periods of high wind velocity unless provision has been made to eliminate dust and flowing dirt.
I. 
No portion of the land which undergoes the land disturbing activity will be allowed to remain uncovered for greater than two weeks after notice is given to the City Building Inspector that the land disturbing activity is completed.
J. 
The permittee agrees to permit the City to enter onto the land regulated under this chapter for the purpose of inspecting for compliance with the approved control plan and permit.
K. 
In the event that the permittee fails to perform as specified in the erosion control permit, the permittee authorizes the City to perform any work or operations necessary to bring the condition of the lands into conformity with the approved control plan or plan as modified by the City and further consents to the City of Port Washington drawing the total of the costs and expenses of such work and operations from the letter of credit or cash deposit provided for in § 446-10 of this chapter.
Permits issued under this chapter shall be valid for a period as specified on the face of the permit by the City Building Inspector, and work must be completed prior to the expiration date of the permit. However, the City may extend the expiration date of the permit if it finds that such an extension will not cause an increase in erosion, sedimentation or runoff. The City Building Inspector is further authorized to modify the plans if necessary to prevent any increase in sedimentation, erosion or runoff resulting from any extension.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As a condition for approval and issuance of an erosion control permit for a land disturbing activity consisting of four or more residential lots or greater than five acres of land, the City shall require the permittee to deposit an appropriate irrevocable letter of credit or cash bond to guarantee the faithful execution of the approved control plan and permit conditions equal to the cost of the land disturbing work. The form of the letter of credit or cash bond shall be such that it is readily available for City use without any restrictions and as approved by the City Attorney.
A. 
The City shall inspect all land disturbing sites at least once per month.
B. 
The City shall perform all required inspections within two business days of the requested inspection.
C. 
The City shall inspect all erosion control devices after each rainfall and at least daily during prolonged rainfalls. Any deficiencies shall be immediately corrected by the contractor. In addition, the contractor shall make a daily review of the location for silt fences and filter barriers in areas where construction activity changes the earth contour and drainage runoff to ensure the proper location for effectiveness. Where deficiencies exist, additional erosion control shall be installed as approved or directed by the City Engineer.
A. 
The City of Port Washington may post a stop-work order if:
(1) 
Any land disturbing activity regulated under this chapter is being undertaken without a permit.
(2) 
The control plan is not being implemented as it was submitted.
(3) 
The conditions of the permit are not being met.
B. 
Failure to comply with any of the provisions provided by this chapter may also be subjected to fines in accordance with § 159-12. In addition to the citations, the cost of cleanup by a third party which must be done to gain compliance with this chapter will be billed to the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]