The intent of this chapter is to require use of best management practices to reduce the amount of sediment and other pollutants resulting from land disturbing construction activities on sites that do not include the construction of a building that is otherwise regulated by the Wisconsin Department of Safety and Professional Services in § SPS 321.125 or Ch. SPS 360, Erosion Control, Sediment Control and Storm Water Management, Wis. Adm. Code. Use of this chapter will foster consistent, statewide application of the construction site performance standards for new development and redevelopment contained in Ch. NR 151, Subchs. III and IV, Wis. Adm. Code.
A.
This chapter applies to the following land disturbing construction activities except as provided under Subsection B:
(1)
A construction site which has 1/2 acre or more of land disturbing construction activity after March 10, 2003.
(3)
A project that both requires a building permit per Chapter 175, Building Construction, of this Code and will involve land disturbing activities.
(a)
Construction of single-family residences shall conform to accepted site development plans, master site grading and drainage plans, Village building codes and the Wisconsin Uniform Dwelling Code.
B.
This chapter does not apply to the following:
(1)
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 40 CFR 122 for land disturbing construction activity.
(2)
Nonpoint discharges from agricultural facilities and practices.
(3)
Nonpoint discharges from silviculture activities.
(4)
Routine maintenance for project sites under 1/2 acre of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
(5)
Land disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Safety and Professional Services under § SPS 321.125 (Uniform Dwelling Code), Wis. Adm. Code.
C.
Notwithstanding the applicability requirements in Subsection A, this chapter applies to construction sites of any size that, in the opinion of the Director, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
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 identified in the BMPH.
(2)
Other design guidance and technical standards identified or developed by the Department 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.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 330-18, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 330-18 and implemented for each construction site.
C.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1)
Best management practices 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 subsection. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. 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 C(1), 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 eighty-percent 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 subsection.
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 Director or the Public Works Committee may establish stormwater management requirements more stringent than those set forth in this section if the Director or the Public Works Committee determines that an added level of protection is needed for sensitive resources.
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 Director.
B.
Permit application and fees.
(1)
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 § 330-16 and shall pay an application fee to the Village. By submitting an application, the applicant is authorizing the Director 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 Director 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 Subsection B, the Director shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter. The review period may be extended by a defined period based on mutual agreement between the Director and applicant.
(2)
If the permit application and plan are approved, the Director shall issue the permit.
(3)
If the permit application or plan is disapproved, the Director shall state in writing the reasons for disapproval.
(4)
The Director may request additional information from the applicant. If additional information is submitted, the Director 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 Director to inform the permit applicant of a decision within 20 business days of a required complete submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D.
Permit requirements. All permits shall require the responsible party to:
(1)
Notify the Director within two working days of commencing any land disturbing construction activity.
(2)
Notify the Director of completion of any BMPs within 14 days after their installation.
(3)
Obtain permission in writing from the Director prior to any modification pursuant to § 330-18C 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 a site erosion control log.
(7)
Inspect the BMPs within 24 hours after each rain of 0.5 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 Director 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.
(9)
Keep a copy of the erosion and sediment control plan at the construction site.
E.
Permit conditions. Permits issued under this section may include conditions established by the Director in addition to the requirements set forth in Subsection D of this section, where needed to assure compliance with the performance standards in § 330-16. All approvals under this section shall be issued subject to the following conditions and requirements:
(1)
All land disturbances will be done pursuant to the approved control plan and the requirements of this section and Chapter 190 of this Code.
(2)
Notify the Director a minimum of two working days in advance of the start of any activity.
(3)
The developer shall file a notice with the Director within 10 days after completing land disturbing activities.
(4)
Approval in writing shall be obtained prior to any modifications to the approved control plan.
(5)
The applicant/developer shall be responsible for maintaining all proposed public roads, road rights-of-way, streets, runoff and drainage facilities and drainageways as specified in the approved plan until they are accepted and become the responsibility of the Village.
(6)
The applicant/developer shall construct at his expense all drainage, runoff control and erosion control improvements as required by this article and the approved control plan and shall provide for the perpetual maintenance of all private control facilities or through dedication to, and acceptance by, the Village.
(7)
Prohibition of vehicle debris on public ways. No person, firm or corporation engaging in activity at a construction site, or operation area in conjunction with the construction activity, shall allow erosion to adjacent land, public streets or bodies of water or the tracking or dropping of dirt or other material by vehicles from the site onto any public street or allow either condition to remain. All persons, firms or corporations engaged in construction or maintenance activity shall be held responsible for any violations of this subsection by himself, his agents, employees, subcontractors or haulers of materials or supplies.
(8)
Observe the site and erosion control measures per Chs. NR 151 and NR 216, Wis. Adm. Code, after each rain of 0.5 inch or more and at least once each week.
(9)
The applicant/developer shall be responsible at his own expense for repairing any damage to all adjoining surfaces and drainageways caused by runoff and/or sedimentation resulting from the permittee's activities.
(10)
No portion of the land which is disturbed will be allowed to remain uncovered for greater than two weeks after the work activity is completed if the Village determines there exists a potential for erosion to leave the site of the work or the boundaries of the development.
(11)
Entrance. The applicant/developer agrees to permit the Village or its designee to enter onto the land regulated under this section for the purpose of observing for compliance with the approved control plan.
(12)
Corrective actions. The applicant/developer authorizes the Village to cause or perform any work or operations necessary to bring the condition of the lands into conformity with the approved control plan and further consents to the Village collecting the total of the costs and expenses of such work and operations as a special charge against the property for current services rendered as provided by law.
(13)
Approved plans. Maintain a copy of the approved plans at the work site.
F.
Permit duration. Permits issued under this section shall be valid for a period of 180 days from the date of issuance. The Director may extend the period one or more times, but not to exceed an additional 180 days in total. The Director may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
G.
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.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted to the Director.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 330-16 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)
Contacts. 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 the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map or other Village topographic/contour maps.
(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)
Area estimates. 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 of runoff coefficients. Estimates including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
(f)
Sediment load calculations. Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
(h)
Groundwater conditions. Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
(i)
Receiving water. Name of the immediate named receiving water from the United States Geological Service 7.5 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 five 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 floodplains, flood fringes and floodways shall also be shown.
(b)
Boundaries of the construction site.
(c)
A topographic map of the site location, including the adjoining properties, existing drainage patterns and watercourses affected by the proposed development of the site and the existing vegetative cover.
(d)
Drainage patterns and approximate slopes anticipated after major grading activities.
(e)
Areas of soil disturbance.
(f)
Location of major structural and nonstructural controls identified in the plan.
(g)
Location of areas where stabilization practices will be employed.
[1]
Elevations, dimensions, and location of all activities, including where topsoil will be temporarily stockpiled.
[2]
The finished grade, stated in feet horizontal to feet vertical, of cut and fill slopes.
[3]
Kinds of utilities and areas of construction, including special erosion control practices for utility installation.
[4]
Paved and covered areas in square feet or to scale on a plan map.
[5]
Makeup of surface soil (upper six inches) on areas not covered by buildings, structures, or pavement.
[6]
Kind of cover on areas not covered by buildings, structures or pavement.
(h)
Areas which will be vegetated following construction.
(i)
Boundary of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
(j)
Locations of all surface waters and wetlands within one mile of the construction site.
(k)
An alphanumeric or equivalent grid overlying the entire construction site map.
(5)
Plans and hydraulic computations for all structural or nonstructural measures or other protective devices to be constructed in connection with the proposed work showing:
(a)
Estimated rate of discharge in cubic feet per second to all structural or nonstructural measures and the point of discharge from the site location based upon ten-year frequency storm event.
(b)
The storm event frequency discharge rate in cubic feet per second upon which the design of plans for the site location is based.
(c)
Provisions to carry runoff to the nearest adequate public drainage facility(s).
[1]
Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow must be identified for all surface water conveyance measures and pipe outfalls.
[2]
Provisions for perpetual maintenance of control facilities including easements.
[3]
Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(6)
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 Director, 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 downslope drainage inlets where they occur.
(g)
Methods to prevent and limit tracking of soil off the site from the activity and remove and clean soil that has tracked from the site.
(h)
Clean up of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(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.
(n)
A schedule that identifies the proposed phases and anticipated starting and completion dates of the development sequence.
(7)
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 watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
B.
Erosion and sediment control plan statement. An erosion and sediment control plan statement shall be prepared and submitted to the Director for each site identified under § 330-5A(1). 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 and obtain approval 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 Director notifies the applicant of changes needed in the plan.
If land disturbing construction activities are being carried out without a permit required by this chapter, the Director may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.