The intent of this article is to require use of best management practices to reduce the amount of sediment and other pollutants resulting from land-disturbing construction activities. This article does not apply to the construction of one or two family residential sites less than one acre that are otherwise regulated by the Wisconsin Department of Safety and Professional Services in § 101.653, Wis. Stats., and Ch. SPS 320, Wis. Adm. Code. Use of this article will foster consistent, statewide application of the construction site performance standards for new development and redevelopment contained in subchapters III and IV of Ch. NR 151, Wis. Adm. Code.
The Village Board finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Saukville.
It is the purpose of this article to 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; control 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 land-disturbing construction activity to waters of the state in the Village of Saukville.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village Board to administer this article.
AVERAGE ANNUAL RAINFALL A typical calendar year of precipitation, as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the Village of Saukville.
BEST MANAGEMENT PRACTICE or BMP Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY A day the Village Hall is routinely and customarily open for business.
CEASE AND DESIST ORDER A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Public Works Superintendent or his/her designee.
CONSTRUCTION SITE An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
DIVISION OF LAND The creation from one or more parcels or building sites of five or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
EROSION The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL The unincorporated area within three miles of the corporate limits of a first- second- or third-class city, or within 1.5 miles of a fourth-class city or village.
FINAL STABILIZATION That all land-disturbing construction activities at the construction site have been completed and that 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 that employ equivalent permanent stabilization measures.
LAND-DISTURBING CONSTRUCTION ACTIVITY Any man-made alteration of the land surface resulting in a change in the topography 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. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
LANDOWNER Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE or MEP The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with §
205-116.1 of this article.
PERFORMANCE STANDARD A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT A written authorization made by the Public Works Superintendent or his/her designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY Any entity holding fee title, an easement or other interest in property, or performing services to meet the performance standards of this article through a contract or other agreement.
RUNOFF Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER 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:
A. Is designed or used for collecting water or conveying runoff.
B. Is not part of a combined sewer system.
C. Is not draining to a stormwater treatment device or system.
D. Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY Activities including tree nursery operations, tree harvesting operations, reforestations, tree thinning, prescribed burning and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER An order issued by the Public Works Superintendent or his/her designee which requires that all construction activity on the site be stopped.
TECHNICAL STANDARD A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
WATERS OF THE STATE Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable (MEP) applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Superintendent or his/her designee's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account 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.
[Amended 3-7-2023 by Ord. No. 826]
A. Permit 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 Public Works Superintendent or his/her designee.
B. Permit application and fees. At least one 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 §
205-118.2 and shall pay an application
fee to the Village of Saukville, in the amount as established by resolution of the Village Board. By submitting an application, the applicant is authorizing the Public Works Superintendent or his/her designee 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 Public Works Superintendent or his/her designee 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 Public Works Superintendent or his/her designee 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 Public Works Superintendent or his/her designee shall issue the permit.
(3) If the permit application or plan is disapproved, the Public Works Superintendent or his/her designee shall state, in writing, the reasons for disapproval.
(4) The Public Works Superintendent or his/her designee may request additional information from the applicant. If additional information is submitted, the Public Works Superintendent or his/her designee shall have seven 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 Public Works Superintendent or his/her designee 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. Surety bond. As a condition of approval and issuance of the permit, the Public Works Superintendent or his/her designee may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
E. Permit requirements. All permits shall require the responsible party to:
(1) Notify the Public Works Superintendent or his/her designee within 48 hours of commencing any land-disturbing construction activity.
(2) Notify the Public Works Superintendent or his/her designee of completion of any Best Management Practice (BMP) within three days after their installation.
(3) Obtain permission, in writing, from the Public Works Superintendent or his/her designee prior to any modification pursuant to §
205-118.2C 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. Document the findings of the inspections in a site erosion control log with the location, time and date of inspection, the name of the person conducting the inspection, assessment of control practices, a description of the present phase of the construction at the site, and a description of any BMP installation or maintenance performed in response to the inspection. Repair, replace, or install BMPs as necessary within 24 hours of an inspection or by the date agreed to between the permittee and the Public Works Superintendent or his/her designee.
(8) Allow the Public Works Superintendent or his/her designee 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. Keep a copy of the erosion and sediment control plan at the construction site.
(9) Keep a copy of the inspection reports on the site or available via the internet at all times.
F. Permit conditions. Permits issued under this section may include conditions established by the Public Works Superintendent or his/her designee in addition to the requirements set forth in Subsection
E, where needed to assure compliance with the performance standards in §
205-118.
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 Public Works Superintendent or his/her designee may extend the period one or more times for up to an additional 180 days. The Public Works Superintendent or his/her designee 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.
[Amended 3-7-2023 by Ord. No. 826]
A. Erosion and sediment control plan.
(1) An erosion and sediment control plan shall be prepared and submitted to the Public Works Superintendent or his/her designee.
(2) The erosion and sediment control plan shall be designed to meet the performance standards in §
205-118 and other requirements of this article.
(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) 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.
(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) 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) Calculations to show compliance with the performance standard in §
205-118C(1).
(f) Existing data describing the surface soil as well as subsoils.
(g) Depth to groundwater, as indicated by on-site soil borings or Natural Resources Conservation Service soil information where available.
(h) Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.
(i) Identify receiving waters, including downstream waters, that are designated as exceptional resource waters, outstanding resource waters, or impaired waters. (Note: A list of outstanding resource waters and exceptional resource waters may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/orwerw.html. A list of Wisconsin impaired waterbodies is updated every two years and may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/ConditionLists.html.)
(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 two 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 100-year flood plains, flood fringes and floodways shall also be shown.
(b) Boundaries of the construction site.
(c) Drainage patterns and approximate slopes anticipated after major grading activities.
(d) Areas of soil disturbance.
(e) Location of major structural and nonstructural controls identified in the plan.
(f) Location of areas where stabilization practices will be employed.
(g) Areas which will be vegetated following construction.
(h) Areal extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland on site or within 1/4 mile downstream of the construction site.
(i) Locations of all surface waters and wetlands within one mile of the construction site.
(j) An alphanumeric or equivalent grid overlying the entire construction site map.
(k) Areas used for infiltration of post-construction stormwater runoff.
(5) Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be installed and maintained at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major land-disturbing construction 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 best management practice (BMP) 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 Public Works Superintendent or his/her designee, structural measures shall be installed on upland soils.
(c) Management of overland flow at all areas of the construction 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) Minimization of tracking at all vehicle and equipment entry and exit locations of the construction 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.
(6) 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.
(7) No solid materials, including building materials, may be discharged in violation of Ch. 30 or 31, Wis. Stats., or 33 USC 1344 or an U.S. Army Corps of Engineers Section 404 permit issued under 33 USC 1344.
B. Erosion and sediment control plan statement. For each construction site identified under §
205-115A, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Public Works Superintendent or his/her designee. The erosion and sediment 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 article including the site development schedule.
C. Amendments. The applicant shall amend the plan 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 Public Works Superintendent or his/her designee notifies the applicant of changes needed in the plan.
A schedule of the fees referred to in other sections of this article shall be established by resolution of the Village Board and shall be available for review at the Village Municipal Center.
[Amended 3-7-2023 by Ord. No. 826]
A. If land-disturbing construction activities are being carried out without a permit required by this article, the Public Works Superintendent or his/her designee may enter the land pursuant to the provisions of §§ 66.0119(1), (2), and (3), Wis. Stats. The Public Works Superintendent or his/her designee will inspect any construction site that holds a permit under this article every two weeks during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan. The costs of these inspections shall be billed to the responsible party.
B. Follow up inspections are required within seven days of any sediment discharge or inadequate control measure, unless corrections were made and observed by the inspector during initial inspection or corrections were verified via photographs submitted to the inspector.
C. Final inspections shall consist of confirming that all graded areas have reached final stabilization and that all temporary control measures are removed, and permanent stormwater management BMPs are installed as designed.