A.
This article is adopted under the authority granted by § 62.234,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats., § 62.23, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The City Council hereby designates the City Engineer to administer
and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
A.
Applicability.
(1)
Where not otherwise limited by law, this article applies to all construction sites, unless the site is otherwise exempt under Subsection A(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 article for a permitted site, including the § 325-12B performance standards, § 325-13 permit requirements, and § 325-14 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 article for a nonpermitted site, including the § 325-12A performance standards.
(c)
Notwithstanding the applicability requirements in Subsection A(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 City Engineer determines that permit coverage is needed in order to improve compliance with this article, 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 article for a permitted site, including the § 325-12B performance standards, § 325-13 permit requirements, and § 325-14 plan requirements.
(2)
This article does not apply to the following:
(a)
Land-disturbing construction activity that includes the construction
of one- and two-family residential dwellings that are not part of
a larger common plan of development or sale and that result in less
than one acre of disturbance. These construction sites are regulated
by the Wisconsin Department of Safety and Professional Services under
§ SPS 321.125, Wis. Adm. Code.
(b)
Nonpoint discharges from agricultural activity areas.
(c)
Nonpoint discharges from silviculture activities.
(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 Part 122, for land-disturbing construction activity, shall comply with § 325-12A performance standards if less than one acre of land-disturbing construction activity. The § 325-12B performance standards, § 325-13 permit requirements, and § 325-14 plan requirements are not applicable.
B.
Jurisdiction. This article applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the City of Fond du Lac.
C.
Exclusions. This article is not applicable to activities conducted
by a state agency, as defined under § 227.01(1), Wis. Stats.
A.
Design criteria, standards and specifications. All BMPs required
to comply with this article 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 DNR under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(2)
Technical standards and other guidance identified within the City
of Fond du Lac Stormwater Reference Guide.
(3)
Soil loss prediction tools, such as the Universal Soil Loss Equation (USLE) or 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 in § 325-12B.
(4)
For this article, 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 NRCS MSE4 distribution, with
consideration given to the geographic location of the site and the
period of disturbance.
A.
Nonpermitted sites.
(1)
Responsible party. The responsible party shall comply with this section.
(2)
Erosion and sediment control practices. BMPs shall be used at each
site where land-disturbing construction activity is to occur 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 transport by runoff into waters of the state or off-site
separate storm sewers of chemicals, cement, and other building compounds
and materials on the construction site 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 article.
(3)
Location. The 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
or separate storm sewers are not prohibited by this article.
(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)
Alternative requirements. The City Engineer may establish erosion
and sediment control requirements more stringent than those set forth
in this section if the City Engineer determines that an added level
of protection is needed to protect resources.
B.
Permitted sites.
(1)
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 325-14.
(2)
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 325-14. The erosion and sediment control plan shall meet all of the applicable requirements contained in this article.
(3)
Erosion and other pollutant control requirements. The erosion and
sediment control plan shall meet all of the following:
(a)
Erosion and sediment control practices. 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 transport by runoff into waters of the state or off-site
separate storm sewers of chemicals, cement, and other building compounds
and materials on the construction site 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 article.
[9]
The transport by runoff into waters of the state or off-site
separate storm sewers of untreated wash water from vehicle and wheel
washing.
(b)
Sediment performance standards. For sites with one acre or more of land-disturbing construction activity, in addition to the BMPs identified in Subsection B(3)(a), the following BMPs 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.
[2]
Except as provided in Subsection B(6), the City Engineer 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 City Engineer 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 Subsection B(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)
Preventive measures. 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. The 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
or separate storm sewers are not prohibited by this article.
(5)
Implementation. The BMPs used to comply with this article shall be
implemented as follows:
(a)
In accordance with the plan developed pursuant to § 325-14, 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)
BMPs that are no longer necessary for erosion and sediment control
shall be removed by the responsible party.
(6)
Targeted performance standards. The City Engineer may establish numeric water quality requirements that are more stringent than those set forth in Subsection B(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 City Engineer may establish erosion and
sediment control requirements more stringent than those set forth
in this section if the City Engineer determines that an added level
of protection is needed to protect resources. Also, the City Engineer
may establish erosion and sediment control requirements less stringent
than those set forth in this section if the City Engineer 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 the DNR under 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
article without receiving prior approval of an erosion and sediment
control plan for the site and a permit from the City Engineer.
B.
Permit application and fees. When a permit is required, the responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 325-14 and shall pay an application fee to the City Engineer. By submitting an application, the applicant is authorizing the City Engineer 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 City Engineer 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 City Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the City Engineer
shall issue the permit.
(3)
If the permit application or plan is disapproved, the City Engineer
shall state, in writing, the reasons for disapproval.
(4)
The City Engineer may request additional information from the applicant.
If additional information is submitted, the City Engineer 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 City Engineer 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 City Engineer 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.
E.
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The City Engineer may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the City Engineer to suspend or revoke this permit may be appealed in accordance with § 325-6.
(1)
Notify the City Engineer after the completion of any BMPs and prior
to commencing any land-disturbing construction activity.
(2)
Obtain permission, in writing, from the City Engineer prior to any modification pursuant to § 325-14B of the erosion and sediment control plan.
(3)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(4)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(5)
Repair any siltation or erosion damage to adjoining surfaces and
drainageways resulting from land-disturbing construction activities
and document repairs in weekly inspection reports.
(6)
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; and 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.
(7)
The City Engineer may require that construction site inspections,
including any repairs needed and any actions taken at the site to
comply with the performance standards for the site, be documented
on the City of Fond du Lac construction site inspection website. The
responsible party will be given access to this website, which contains
documentations and forms for use in the construction site inspections.
Digital photographs of each BMP and the site conditions shall be submitted.
[Amended 5-25-2022 by Ord. No. 3752]
(8)
Allow the City Engineer 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 and 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)
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 City Engineer may extend the period one or more times
for up to an additional 180 days. The City Engineer may require additional
BMPs as a condition of the extension if they are necessary to meet
the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
I.
Alternate requirements. The City Engineer may prescribe requirements
less stringent for applicants seeking a permit for a construction
site with less than one acre of disturbance.
A.
Plan requirements. The erosion and sediment control plan required under § 325-12B shall comply with the City of Fond du Lac Stormwater Reference Guide and contain, at a minimum, the following information:
(1)
Name, address, and telephone number of the owner 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.
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 City Engineer notifies the applicant of changes needed in the
plan.
C.
Alternate requirements. The City Engineer may prescribe requirements
less stringent for applicants seeking a permit for a construction
site with less than one acre of disturbance.
Whenever land-disturbing construction activities are being carried
out the City Engineer may enter the land pursuant to the provisions
of § 66.0119(1), (2) and (3), Wis. Stats.
A.
The City Engineer 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 § 325-10A of this article, 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
article.
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 City
Engineer may revoke the permit.
C.
If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the City Engineer, or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the City Engineer may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this article. The City Engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this article by the City Engineer, plus interest at the rate authorized by City Engineer, 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 City Clerk shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
[Amended 9-11-2019 by Ord. No. 3697]
F.
Any person violating any of the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G.
Compliance with the provisions of this article 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.
