[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 6-6-2016 by Ord. No. 16-17.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 381, Construction Site Maintenance and Erosion Control, adopted 7-8-1991 (Ch. 28 of the 1988 Code), as amended.
A. 
This chapter is adopted under the authority granted by § 61.354, Wis. Stats. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies 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 Village Board of Trustees.
C. 
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 (DNR) administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the DNR under § NR 151.004, Wis. Adm. Code.
A. 
Findings.
(1) 
The Village Board of Trustees finds that debris and runoff from land disturbances, grading and filling activities, and construction sites carry a significant amount of sediment and other pollutants to public road rights-of-way, wetlands, shoreland areas, floodplains, waterways, and waters of the state in the Village.
(2) 
Unregulated land disturbances, grading, and filling activities can adversely affect downstream properties, public road rights-of-way, wetlands, shoreland areas, floodplains, waterways, and waters of the state.
B. 
Purpose. The purpose of this chapter is to regulate land disturbances, grading, and filling activities and to require erosion control practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbance activities. Specific purposes are to:
(1) 
Preserve natural resources; to protect the quality of the waters of the state, or other waterways in the Village; 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; regulate 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 construction activity to wetlands, shoreland areas, floodplain, waterways and any waters in the Village.
(2) 
Regulate land disturbance, grading, and filling activities to safeguard the interests of the Village of Pleasant Prairie by ensuring that activities are designed and constructed with sound engineering practices and accepted standards.
A. 
Jurisdiction. This chapter applies to land disturbance construction activities on lands within the boundaries and jurisdiction of the Village of Pleasant Prairie (referred to as the "Village"), as well as lands located within the supervised drainage basin area within the Village of Bristol pursuant to the 1997 Settlement and Cooperation Agreement.
B. 
Applicability.
(1) 
This chapter applies to all land disturbance, land development, grading, and filling activities within the Village's jurisdiction.
(2) 
This chapter does not apply to the following:
(a) 
Nonpoint discharges from agricultural facilities and practices.
(b) 
Nonpoint discharges from silviculture activities and practices.
(c) 
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.
(d) 
Minor land activities that meet all the following criteria:
[1] 
Contains less than 400 square feet of land disturbance;
[2] 
Involves less than five cubic yards of fill;
[3] 
Activity does not block, impede, or alter drainage; is not being completed for stormwater purposes; does not cause upstream ponding or backwater problems or adversely affect adjacent or downstream properties.
[4] 
Activity does not alter or change Village-approved site or lot grading and drainage plan topography, lot grades, drainage patterns, or other approved plan requirements and provisions.
[5] 
Activities that are not located within or in close proximity to a wetland, floodplain, navigable waterway, or other environmentally sensitive area.
(3) 
Notwithstanding the applicability requirements above, this chapter applies to construction sites of any size that are likely to result in runoff that exceeds the safe capacity of existing drainage facilities or receiving water body, that alter or change stormwater drainage runoff, that cause undue channel erosion, or that increase water pollution by scouring or transporting of particulate matter or that endanger property or public safety as determined by the Village.
As used in this chapter, the following terms shall have the meanings indicated:
1997 SETTLEMENT AND COOPERATION AGREEMENT
The Settlement and Cooperative Agreement entered into by and between the Village of Pleasant Prairie, the Pleasant Prairie Water Utility, the Pleasant Prairie Sewer Utility District D, the Pleasant Prairie Sewer Utility District 1 and the Pleasant Prairie Sewer Utility District F and the Town of Bristol, the Town of Bristol Utility District No. 3, the Town of Bristol Utility District No. 5 and the Town of Bristol Water Utility District.
AGRICULTURAL FACILITIES AND PRACTICES
Defined pursuant to § 281.16(1), Wis. Stats.
AGRICULTURAL LAND USE
The use of the land for the planting, growing, cultivating and harvesting of crops for human or livestock consumption and the pasturing or yarding of livestock.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical.
BEST MANAGEMENT PRACTICE (BMP)
A structural or nonstructural measure, practice, technique or device employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state or any other waterways in the Village.
BUSINESS DAY
A day the office of the Village is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbance construction activity that is being conducted without a valid permit.
CONSTRUCTION SITE
An area upon which land disturbance construction activities occur, including areas that are part of a larger plan of development or sale where multiple separate and distinct land disturbance construction activities may be taking place at different times on different schedules but under one plan.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DNR TECHNICAL STANDARD
The DNR, in accordance with § NR 151.31, Wis. Adm. Code, approved Stormwater Construction and Post-Construction Technical Standards. These standards set forth specific minimum requirements needed to plan, design, install and maintain a wide array of conservation practices aimed at preserving the land and water resources of Wisconsin. They are based on current research, field experience, the best available technology.
DRAINAGEWAY or WATERWAY
A river, streambed, or defined overland swale or channel utilized for the passage of water, sediment or other materials from one area to another.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION CONTROL PLAN
A comprehensive land disturbance plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction, including a written description of the number, location, sizes, and other pertinent information of control measures designed to meet the requirements of this chapter submitted by the applicant for review and approval by the Village.
FINAL STABILIZATION
All land disturbance construction activities at the construction site have been completed and 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 employment of equivalent permanent stabilization measures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LAND DISTURBANCE CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography, stormwater drainage 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 or other waterways in the Village. Land disturbance construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
LAND DIVISION
Any division or conveyance of land or of any interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision, large lot subdivision or minor land division. Notwithstanding the foregoing definition, the creation of any condominium, other than a conversion condominium or condominium involving a maximum of one principal building per lot or parcel, shall be deemed to be a land division. A land division can be legally created or accomplished only by means of a preliminary and final plat approved by the Village Board or, in the case of a condominium, by means of condominium instruments approved by the Village Board in accordance with the provisions of Chapter 395.
LAND USER
Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
LAND-DEVELOPING ACTIVITY
The construction of building(s), house(s), building or housing additions, road(s), parking lot(s), driveway(s), sidewalk(s), patio(s), or other similar facilities.
LANDOWNER
Any person holding title to or having interest in land.
MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices (BMPs) 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. This provides flexibility to the Village Engineer in evaluating ways to meet the performance standards, which may vary on a case-by-case basis depending on the performance standard and site conditions.
MINOR LAND ACTIVITY
Land disturbance activities that are limited to small landscaping or other minor projects that involves a limited area and minor fill quantities, as may be determined by the Village.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
POLLUTANT
Defined pursuant to § 283.01(13), Wis. Stats.
POLLUTION
Defined pursuant to § 281.01(10), Wis. Stats.
RUNOFF
The stormwater or precipitation, including rain, snow- or ice-melt, irrigation or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
The settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SITE
The entire area included in the legal description of the land on which the land disturbance or land-developing activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the Village which requires that all construction activity on the site be stopped.
STORM SEWER
A part of the stormwater drainage system which consists of a pipe or conduit for collecting and/or conveying stormwater runoff or unpolluted water.
STORMWATER DRAINAGE SYSTEM
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: is designed or used for collecting water or conveying runoff; is not part of a combined sewer system; and discharges directly or indirectly to waters of the state or other waterways in the Village.
SUPERVISED DRAINAGE BASIN AREA
Pursuant to the 1997 Settlement and Cooperation Agreement, those portions of the Village of Bristol within the drainage basins tributary to the Village of Pleasant Prairie, as defined on Attachment G of the 1997 Settlement and Cooperation Agreement on file with the Village Clerk.
WATERS OF THE STATE
Defined pursuant to § 281.01(18), Wis. Stats.
Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates, in writing, with engineering rationale and data, to the Village Engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In demonstrating that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, 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 shall be taken into account.
A. 
Technical standards. BMPs required to comply with this chapter shall meet the following design criteria, standards, and specifications:
(1) 
Applicable design criteria, standards and specifications identified in the DNR Technical Standards.
(2) 
Applicable design criteria, standards and specifications set forth in Chapter 405 of the Village Code.
(3) 
Applicable requirements as set forth in Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, of the Village Code.
(4) 
Other design guidance and technical standards identified or developed by the DNR under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(5) 
Soil loss prediction tools [such as Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the "R factor") or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
(a) 
WDNR Technical Standards and/or WDNR guidance procedures shall be used to document compliance with the performance standards.
A. 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbance construction activity is to occur shall be used 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 storm sewer inlets, adjacent waterways, wetlands, adjacent properties, and waters of the state.
(3) 
The discharge of sediment by dewatering activities.
(4) 
The transport by runoff of chemicals, cement, and other building compounds and materials on the construction site during the construction period into unauthorized areas, including adjacent properties, waterways, storm sewers, wetlands, and waters of the state.
B. 
Location. The BMPs shall be located so that treatment occurs before runoff leaves the construction site or enters storm sewers, waterways, wetlands, and waters of the state.
C. 
Implementation. The BMPs used to comply with this chapter shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land-disturbing activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activities shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activities shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed.
A. 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbance construction activity is to occur shall be used 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 storm sewer inlets, adjacent waterways, wetlands, adjacent properties, and waters of state.
(3) 
The discharge of sediment by dewatering activities.
(4) 
The discharge of sediment eroding from soil stockpiles.
(5) 
The discharge of sediment from erosive flows at outlets and in downstream waterways.
(6) 
The transport by runoff of chemicals, cement, untreated wash water, and other building compounds and materials on the construction site during the construction period into unauthorized areas, including adjacent properties, waterways, storm sewers, wetlands, and waters of the state.
B. 
Sediment performance standards. The following erosion and sediment control practices shall be employed:
(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.
(a) 
Credit may be given toward meeting the sediment performance standard for limiting the duration or area, or both, of land disturbance construction activity or for other appropriate mechanisms.
(b) 
If BMPs cannot be designed to meet the sediment performance standard, the erosion control 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. 
Preventative measures. The erosion and sediment control plan shall incorporate all of the following:
(1) 
Maintenance of existing vegetation, especially adjacent to surface waters and waterways.
(2) 
Minimization of soil compaction and preservation of topsoil.
(3) 
Minimization of land-disturbing activities on slopes of 20% or more.
(4) 
Development of spill prevention and response procedures.
D. 
Location. The BMPs shall be located so that treatment occurs before runoff leaves the construction site or enters storm sewers, waterways, wetlands, and waters of the state.
E. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed and inspected before land disturbance construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activities shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activities shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed.
A. 
Erosion and sediment control plan requirements for sites of one acre or more. Land-disturbing and land development activities covering one or more acres shall include the following:
(1) 
An erosion and sediment control plan statement that briefly describes the site, the development schedule, and BMPs that will be used to meet the requirements of this chapter.
(2) 
Civil grading and erosion control plans and other applicable requirements specified in Chapter 405 of the Village Code.
(3) 
Calculations to show compliance with the performance standards of this chapter.
(4) 
Applicable requirements specified in Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, of the Village Code.
(5) 
Site plan of existing conditions. A map of the existing site conditions at a scale of at least one inch equals 50 feet showing the site and immediate adjacent areas, including but not limited to:
(a) 
Property site boundaries and adjacent lands which accurately identify the site location;
(b) 
Property owner's and contractor's name, address and telephone number;
(c) 
A graphic scale and North arrow;
(d) 
Road right-of-way lines and road names;
(e) 
Location of lakes, streams, wetlands, shorelands, channels, ditches and other watercourses on and immediately adjacent to the site;
(f) 
Location of the areas regulated under the Floodplain Zoning Ordinance in Chapter 430, where applicable;
[Amended 2-12-2024 by Ord. No. 24-06]
(g) 
Identification of predominant soil types;
(h) 
General location of vegetative cover proposed to remain and not disturbed, and areas which will be vegetated following construction;
(i) 
Location and dimensions of stormwater drainage systems and/or direction of natural drainage patterns on and immediately adjacent to the site;
(j) 
Locations and dimensions of utilities, structures, roads, highways and paving;
(k) 
Existing and proposed site topography at one-foot contours;
(l) 
Locations and dimensions of all temporary soil or dirt piles;
(m) 
Locations and dimensions of all construction site control measures, such as silt filter fences, hay bales or sedimentation basins, necessary to meet the requirements of this chapter;
(n) 
Location of orange construction fence for delineation of environmental protection areas such as wetlands, woodlands, and floodplains;
(o) 
Location of six-foot perimeter construction site fencing and proposed hours of construction activities;
(p) 
Location of construction entrances [graveled driveway(s)] and stone tracking pads;
(q) 
Location of on-site job trailers, parking areas for construction vehicles, such as graveled and paved parking area, and location of equipment staging areas;
(r) 
Location of garbage dumpster(s);
(s) 
Adjacent property driveways and road openings;
(t) 
For the commercial, manufacturing, industrial, multifamily or institutional uses, a plan which shows that the roof drain system is interconnected directly to the underground storm sewer system in the parking lot, the locations of the underground storm sewer system and where the downspouts are connected directly to the underground storm sewer system;
(u) 
Location and limits of land disturbance activities;
(v) 
Location of all structural and nonstructural controls;
(w) 
Location of areas where stabilization practices will be used;
(x) 
Drainage patterns and approximate slopes anticipated after major grading activities;
(y) 
Areas used for infiltration of post-construction stormwater runoff;
(z) 
A sequence of construction of the 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;
(aa) 
Estimates of total area of the site and area of the site that is expected to be disturbed by construction activities;
(bb) 
Existing data describing the surface soil as well as subsoils;
(cc) 
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information, where available; and
(dd) 
Any other information as may be required by the Village Engineer, or designee, to evaluate the application.
B. 
Erosion and sediment control plan requirements for construction sites under one acre. Content of the erosion control plan for land disturbance and land-developing activities covering less than one acre or individual single-family home site or two-family home site shall include the following:
(1) 
Site plan of existing conditions. A map, drawn by the Wisconsin-registered land surveyor or a Wisconsin professional engineer, of the existing site conditions at a scale of at least one inch equals 40 feet showing the site and immediate adjacent areas, including but not limited to:
(a) 
Grading and erosion control plan and/or plat of survey requirements per Chapter 405 of the Village Code;
(b) 
Property site boundaries and adjacent lands which accurately identify the site location;
(c) 
Property owner's and contractor's name, address and telephone number;
(d) 
A graphic scale and North arrow;
(e) 
Existing and proposed road right-of-way lines and road names on site and adjacent to the site;
(f) 
Location of lakes, streams, wetlands, shorelands, channels, ditches and other watercourses on and immediately adjacent to the site;
(g) 
Location of the areas regulated under the Floodplain Zoning Ordinance, where applicable;
[Amended 2-12-2024 by Ord. No. 24-06]
(h) 
General location of vegetative cover proposed to remain and not disturbed;
(i) 
Location and dimensions of stormwater drainage systems and/or direction of natural drainage patterns on and immediately adjacent to the site;
(j) 
Locations and dimensions of utilities, structures, roads, highways and paving;
(k) 
Existing and proposed elevations at the property corners and at all corners of the proposed structure(s), and bench mark elevation;
(l) 
Existing and proposed elevations every 25 feet along each property line and the center line of any drainage swales or other required location as requested by the Village Engineer, or designee; the location of each point shall be dimensioned along the property line (alongside property lines, begin at the front property line, and along rear property lines, begin at the high point) and shall match the master grading plan (if available);
(m) 
Existing and proposed elevation of the high point(s) and direction of the drainage with spot elevations at a minimum of 25 feet apart along the proposed drainage routes; these points shall be dimensioned as measured from the property lines;
(n) 
Locations and dimensions of all temporary soil or dirt piles;
(o) 
Locations and dimensions of all construction site control measures, such as silt filter fences, hay bales or sedimentation basins, necessary to meet the requirements of this chapter;
(p) 
Location of orange construction fence for delineation of environmental protection areas such as wetlands, woodlands, and floodplains;
(q) 
Location of six-foot perimeter construction site fencing, and proposed hours of construction activities;
(r) 
Location of construction entrances (graveled driveway);
(s) 
Location of job trailers and on-site parking area for construction vehicles (graveled and paved parking area);
(t) 
Location of garbage dumpster; and
(u) 
Location of sidewalks, patios and all other impervious surfaces.
C. 
Additional erosion control plan measures. The following requirements shall be met on all sites:
(1) 
Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins or other appropriate control measures identified in the DNR Technical Standards, as may be amended from time to time. Water may not be discharged in a manner that causes erosion of the site, adjacent land or receiving channels.
(2) 
Waste and material disposal.
(a) 
All waste and unused building materials, such as but not limited to garbage, debris, cleaning wastes, wastewater, oil, toxic materials, or hazardous materials, shall be properly disposed of and are not allowed to be carried by runoff into a receiving channel or stormwater drainage system.
(b) 
Garbage dumpsters shall be located on the construction site by the contractor throughout the construction project for the disposal of unwanted building materials and debris. Garbage dumpsters shall be emptied periodically to avoid debris from blowing out and onto the site.
(3) 
Tracking. Each site shall have graveled or paved roads, graveled or paved access driveways, and graveled or paved parking areas of sufficient width and length installed prior to any excavation or topsoil stripping on the site in order to prevent sediment from being tracked onto public and private roadways.
(a) 
Any sediment or mud tracking reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each working day or more frequently if tracking causes a public nuisance to the traveling public.
(b) 
Stone tracking pads shall meet the DNR Technical Standards. All gravel driveways shall be maintained by the builder or contractor throughout the construction project; however, the landowner shall ultimately be the responsible party.
(c) 
Each site shall provide sufficient parking areas on site for all construction trailers, construction equipment, and construction-related building materials. No construction-related trailers, equipment, or building materials shall be located on the public rights-of-way overnight, unless approved by the Village.
(d) 
All trailer unloading and loading of construction equipment shall be conducted on site.
(4) 
Vegetation preservation. Whenever possible, existing trees, shrubbery and grasses shall be preserved on the construction site to prevent erosion.
(a) 
In those locations where the site has been disturbed, revegetation shall take place as soon as practicable, upon completion of the construction. Revegetation involves seeding, sodding or mulching of bare soil as soon as possible.
(b) 
If construction is completed after September 15 of any given year, seeding or sodding may be delayed to the following year. Applying mulch or temporary seed, such as rye or winter wheat, is recommended if weather permits. Straw bales or filter fences must be maintained until final seeding or sodding is completed in the spring or no later than June 1 of the following year.
(5) 
Storm drain inlet and catch basin protection. All storm drain inlets and catch basins shall be protected meeting the accepted design criteria, standards and specifications of the Village and the DNR Technical Standards, as may be amended from time to time.
(6) 
Site erosion control.
(a) 
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical.
(b) 
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
(c) 
All disturbed ground left inactive for 14 or more days shall be stabilized by temporary or permanent seeding; temporary or permanent seeding and mulching; sodding; DNR-approved polymers; or equivalent control measures. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the DNR Technical Standards or by the Village.
(d) 
Any soil or dirt storage piles containing more than 10 cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainageway.
(e) 
Any soil or dirt pile shall be removed upon the completion of the project and prior to occupancy permits, unless approved by the Village.
D. 
Maintenance of erosion control measures. All silt fences, hay bales, sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the applicant or subsequent landowner during the entire period of the land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. These erosion control measures shall be removed by the applicant or subsequent landowner upon stabilization of the area.
A. 
Permit required. No landowner or land users may commence a land disturbance, land development, or filling activity, as defined in this chapter, without first submitting an erosion control permit application and an erosion control plan for review, submitting the application review fee and receiving an erosion control permit from the Village. By submitting an application, the applicant is authorizing the Village staff to enter onto the site to obtain information required for the review and inspection of the erosion control and site maintenance measures.
B. 
Review of erosion control plan and permit application. If the Village determines that the erosion control application or the erosion control plan is lacking the necessary information or is not in compliance with this chapter, the applicant shall be notified of the inadequacy as soon as practical after review. Within 10 business days of the receipt of the erosion control application, the Village shall review the application and the erosion control plan to determine whether the requirements of this chapter are met.
(1) 
If the application materials comply with this chapter, the Village staff shall approve the erosion control plan, inform the applicant and issue the erosion control permit.
(2) 
If the application materials are incomplete or do not comply with this chapter, the Village shall inform the applicant that further information is required. Upon receipt of the additional information, the Village shall again determine whether the erosion control plan meets the requirements of this chapter. If the erosion control plan is still not approved, the Village shall inform the applicant in writing of the reasons for the denial.
C. 
Permits.
(1) 
Duration. Permits shall be valid for a period of 180 days or the length of a building permit or other construction activity authorized by the Village, whichever is longer, from the date of issuance. The Village may extend the period one or more times, upon request of the applicant, for up to an additional 180 days, at no additional cost. The Village may require additional or replacement of control measures as a condition of the extension if they are necessary to meet the requirements of this chapter.
(2) 
Permit conditions. All valid permits shall require the permittee to:
(a) 
Notify the Village within 48 hours of commencing the land disturbance or land-developing activity.
(b) 
Notify the Village for inspection upon the completion of any erosion control measures within 14 business days after their installation.
(c) 
Notify the Village upon completion of the project and when the site has been stabilized.
(d) 
Obtain approval in writing from the Village prior to modifying the application and erosion control plan.
(e) 
Install and maintain all erosion control measures as identified in the approved erosion control plan.
(f) 
Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the erosion control plan.
(g) 
Repair any areas which indicate siltation or erosion damage to adjoining surfaces and drainageways resulting from land-developing or disturbance activities.
(h) 
Inspect the erosion control measures after each rain of 0.5 inch or more and at least once each week, make needed repairs, keep a record of all inspections and provide a copy of said inspection reports to the Village upon its request.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(i) 
Comply with additional conditions as specified in Chapter 298 and Chapter 405 of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(j) 
Provide any additional conditions as may be required to ensure compliance with this chapter and any other federal, state, county or Village requirements.
(k) 
Keep a copy of the approved erosion control plans and permit conditions on the project site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Grading and erosion control cash deposit.
(1) 
Prior to the issuance of an erosion control permit for land disturbances of less than one acre, including an individual single-family site or two-family site, the landowner shall provide a cash deposit of $1,000 to the Village in order to provide a guarantee that construction site and erosion control maintenance and grading and drainage work at the proposed site have been restored properly and final site surveys are completed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Such cash deposit shall be deposited by the Village Treasurer in an interest-bearing account and returned to the landowner, except for a six-percent administrative processing fee, only after the items listed below have been successfully completed and approved by the Village.
(a) 
All required culverts and all other required drainage structures or appurtenances shall meet Village specifications and approved grading and drainage plans. All such drainage culverts and structures shall be of appropriate size, gauge, cross or length, and such structures shall be properly installed at the required elevations and locations and in undamaged condition and free of any silt or other deposits.
(b) 
All required ditches, swales, berms, drainage easements and waterways located within the boundaries of the referenced site or within the adjacent road right-of-way and area lying adjacent to the referenced site shall be graded to the proper gradients and side slopes, shall lie at the required elevations and locations, shall be seeded or sodded and shall be covered with healthy growing grass in accordance with Village-approved grading and drainage plans.
(c) 
The finished or final yard elevation and slope around the perimeter of any new structure along with the entire site area shall be final graded and finished with topsoil to the required elevations as shown on the building permit plat of survey submitted at the time of building permit issuance.
(d) 
All roof drainage and sump pump discharge shall be outletted to the street yard, natural drainageway or approved storm sewer system so as not to saturate, accumulate or damage the subject property or adjacent properties.
(e) 
Gutters and downspouts or roof leaders and downspouts shall be installed on all principal structures in order to direct water runoff away from the structures to the street yard, natural drainageway or approved storm sewer system.
(f) 
The site shall be cleared of all rubbish, garbage, brush, tree limbs, debris, construction material or other unused materials, and all clay or fill piles shall be removed from the site.
(g) 
A plat survey-final occupancy certification per Chapter 405 of the Village Code shall be submitted showing final as-built elevations as approved by the Village.
[1] 
If the structure is completed in the nongrowing season, the site shall be rough graded to prevent runoff to adjacent properties. In addition, the lot shall be stabilized as approved by the Village, and the required erosion control measures (silt fence, gravel drive, etc.) shall remain in good repair until the site can be final graded and stabilized. However, the site shall be completed and a plat of survey-final occupancy certification submitted by landowner and approved by the Village prior to return of any portion of the cash deposit.
(h) 
The entire property shall be seeded or sodded and must be covered with healthy growing grass.
(3) 
At the time that the above requirements are completed and all related inspections are satisfied, the deposited cash would be promptly returned with interest, less an administrative finance processing fee of 6%.
(4) 
If the requirements are not completed, the Village will notify the owner to complete the required work within a reasonable time period. Upon failure to complete the work, the Village is authorized to complete the work and charge the work against the deposited cash and accrued interest. If the work completed by the Village is less than the deposited cash and accrued interest, the remainder will be returned to the landowner. Additional costs to complete the work will be assessed to the property at the end of the year and placed on the tax assessment roll.
E. 
Street-sweeping cash deposit. Prior to an erosion control permit being issued for land disturbance associated with preliminary grading, mass grading or any project, other than individual permits for single-family and two-family dwellings or minor land activities, the landowner shall submit a street-sweeping cash deposit to guarantee to the Village that the conditions of the erosion control permit and this chapter are being followed as they relate to maintaining the public right-of-way and stormwater drainage system. The cash deposit shall be used if the Village determines that the landowner or his contractors have not kept the right(s)-of-way clean from mud tracking, if erosion control measures are damaged or if there is damage to stormwater drainage improvements. The Village shall notify the owner if any mud tracking or damaged erosion control measures or stormwater drainage improvements exist, providing them with a time frame to clean the streets or fix the damaged erosion control measures or stormwater drainage improvement. If the road is not clean and the damaged erosion control measures or stormwater drainage improvements are not completed in the time frame specified, the Village may complete the work and draw upon the street-sweeping cash deposit for the actual costs. If the cash is depleted prior to the project being completed, the owner shall post another cash deposit in the same amount. The cash deposit or any portion, less a 6% administrative processing fee, will be timely refunded on completion of the project.
F. 
Road opening/work in the right-of-way permit.
(1) 
Any work within the Village's right-of-way may require a permit pursuant to Article III of Chapter 305 of this Code.
(2) 
Any work within the state's or county's rights-of-way typically requires a permit. A copy of said permit shall be submitted to the Village prior to issuance of an erosion control permit.
G. 
Fees. The landowner or land user shall pay the following fees to the Village at the time a proposed erosion control plan is filed and an application is submitted to assist in defraying the cost of review and evaluation:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Erosion control plan review fee for filling or land disturbance on residential lots, including multifamily lots/buildings, at the time a principal structure is proposed: as established in the Village Fee Schedule per lot or building.
(2) 
Plan review fee for filling or land disturbance for minor land activities, maintenance activities, and on existing residential lots, including multifamily lots/buildings: as established in the Village Fee Schedule per lot or building.
(3) 
Erosion control plan review fee for certified survey maps (NOTE: Individual erosion control permits are still required for each lot/unit/building.): as established in the Village Fee Schedule per each certified survey map. Required only if creating two or more new lots.
(4) 
Mass grading erosion control review fee for new subdivisions, multifamily, commercial, industrial, institutional, or recreational, or other mass grading of a site (NOTE: Individual erosion control permits are still required for each lot/unit/building.): as established in the Village Fee Schedule.
A. 
The Village Engineer, or designee, shall have the authority, on a case-by-case basis, to waive the requirement of the erosion control plan and/or installation of the erosion control measures for minor land activities, if the project does not affect stormwater runoff and construction debris and runoff from the construction activity or land disturbance are not anticipated, due to the topography of the land, to carry a significant amount of sediment or other pollutants to waters or public road rights-of-way of this state, county or Village.
B. 
The waiving of the erosion control plan and/or installation of the erosion control measures does not invalidate any other requirements set forth in this chapter.
A. 
The Village shall inspect permitted construction sites as often as necessary to ensure compliance with the erosion control plan.
B. 
If land disturbance or land-developing activities are being conducted without a permit, the Village shall enter and inspect the land pursuant to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
The following methods of enforcement in any combination thereof are authorized against any landowner or responsible party that is found to be in violation of any provision of this chapter:
A. 
Stop-work order. The Village may issue a stop-work order if the work being done does not comply with Village standards, is not being done correctly, does not have required approvals or permits from the Village or other agencies having jurisdiction, or is deemed unsafe to the public.
B. 
Compliance order. The Village shall notify the owner in writing of any noncomplying activity. The compliance order shall describe the nature of the violation, remedial actions needed, a schedule of remedial action, and additional enforcement action that may be taken.
C. 
Forfeiture. Any person violating any of the provisions of this chapter is subject to a forfeiture of not less than $50 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
If the violations are likely to result in damage to private properties, public facilities, waters of the state or other waterways in the Village, the Village may take emergency actions necessary to prevent such damage.
E. 
The owner or responsible party is responsible for any costs incurred by the Village to bring the violation into compliance with any compliance order. The Village shall mail an invoice for any such work to the owner or responsible party. All invoices shall be paid within 30 days. For invoices not paid within 30 days, there is a penalty of 1.5% per month due on the unpaid invoice balance, along with an additional 10% penalty if the outstanding invoice, interest, and penalty are placed on the tax roll (a lien against the property). The right of the Village to assess a lien against the property shall be one of the remedies available to the Village but shall not be the exclusive remedy. The Village may also sue for a money judgment for any invoices which are past due.
F. 
The Village may seek enforcement of violations of this chapter through a court of equity located in Kenosha County.
Any appeal to this chapter shall be pursuant to Chapter 18, Article V, Zoning Board of Appeals, of this Code.
If any section, clause, provision or portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall remain in force and not be affected by such judgment.