Town of Koshkonong, WI Construction Site Erosion Control

A written description of the number, locations, 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 Building Inspector and/or Town Engineer.

EROSION

The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

EXISTING GRADE

The vertical location of the existing ground surface prior to excavation of filling.

FILL

Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man/woman to a new location and shall include the conditions resulting therefrom.

GRADING

Altering the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed.

LAND DEVELOPING ACTIVITY

The construction of buildings, roads, parking lots, paved storage areas and similar facilities.

LAND DISTURBING ACTIVITY

Any change to the land surface which may result in soil erosion, sedimentation or increase in water runoff, including but not limited to tilling, removal of vegetative cover, stockpiling of soil, grading, excavating, livestock grazing and filling of land.

LAND DISTURBING CONSTRUCTION ACTIVITY

Any man-made change of the land surface, including removing vegetation cover, excavating, filling and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.

LAND TREATMENT MEASURERS

Structural or vegetative practices (including fencing) used to control erosion, sediment and water runoff.

LAND USER

Any person who uses land collectively or individually as owner, operator, lessor or renter, or who occupies land by providing work or service that requires alteration of the land, or any person who has made other arrangements with a landowner which gives them the right and/or responsibility for use of the land.

LANDOWNER

Any person holding title to or having any interest in land.

MAJOR LAND DISTURBING ACTIVITIES

Those activities where the land disturbance covers one or more acres, where a subdivision (as defined by Ch. 236, Wis. Stats.) is created, or where the Town Board, Town Engineer or Building Inspector determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental area make the disturbance a major one.

MINOR LAND DISTURBING ACTIVITIES

Those activities where the land disturbance covers less than one acre and the activities do not otherwise fall within the definition of major land disturbing activities.

PARCEL

All continuous lands under the ownership or control of a land occupier or land user.

PEAK FLOW

The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a predetermined storm or flood.

PERSON

Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county, or state agency within Wisconsin, the federal government or any combination thereof.

PUBLIC LANDS

All lands owned or controlled by any unit of government.

RUNOFF

Includes, but is not limited to, ice or water flowing over the ground surface.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported to, or has been moved from, its site of origin by air, water, gravity or ice and has come to rest or has been deposited on the earth's surface at another location.

SEDIMENTATION

The transportation and deposition of sediment that may ultimately degrade water quality by the presence of suspended solid particles, derived from soils by erosion or discharged into surface waters from other sources, or the deposition of waterborne sediments in stream channels, lakes, reservoirs, or on floodplains, usually resulting from a decrease in the velocity of the water flow.

SET OF ONE-YEAR DESIGN STORMS

The following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12 and 24 hours that occur approximately one per year. The following are typical characteristics of these one year storms for most of Wisconsin.

Average Storm Duration (hours)	Rain Intensity (inches/hour)	Total Rain (inches)
0.5	1.8	0.9
1	1.1	1.1
2	0.7	1.3
3	0.5	1.5
6	0.3	1.7
12	0.2	2.0
24	0.1	2.3

SITE

The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

SOIL LOSS

Soil removed from a given site by land disturbing activities or by the forces of erosion, and redeposited at another site.

STORM FREQUENCY

The average period of time during which a storm of a given duration and intensity can be expected to be equaled or exceeded.

STORM SEWER

A closed conduit for conducting collected stormwater.

STORMWATER RUNOFF

The waters derived from rains falling within a tributary drainage basin, flowing over the ground surface or collected in water drainage system.

STRUCTURAL MEASURES

Land treatments intended to prevent erosion, sediment or runoff that include, but are not limited to, gully control structures, grass waterways, riprap, detention basins or ponds, sediment basins or ponds, flood retention dams, diversions, and lining channels with rock concrete or other materials. Contour strip cropping is not considered structural measure under this chapter.

WATER DRAINAGE FACILITY

Any element in a water drainage system which is made or improved.

WATER DRAINAGE SYSTEM

All facilities used for conducting runoff to, through or from a drainage area to the point of final outlet, including, but not limited to, any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, reservoirs, detention basins or ponds, storm sewers, streets, and pumping stations.

WORKING DAY

Monday, Tuesday, Wednesday, Thursday or Friday, excluding, however, any such day officially observed by the Town as a legal holiday. Also referred to as "business day."

§ 249-2 Authority.

This chapter is adopted pursuant to the guidelines in § 60.627, Wis. Stats.

§ 249-3 Findings and purpose.

Policy declaration. The Town Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the Town of Koshkonong.

Purpose. It is the purpose of this chapter to preserve the natural resources; to protect the quality of the waters of the state and Town; and to protect and promote the health, safety and welfare of the people, to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharge from construction sites to lakes, streams and wetlands. The Town Board finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the Town. It is, therefore, declared to be the purpose of this chapter to control and, if possible, prevent soil erosion and minimize water runoff increases and, thereby, to preserve the natural resources, control floods, and prevent impairment of dams and reservoirs, protect the quality of public waters and wetlands, prevent property damage, preserve wildlife, protect the tax base and protect and promote the health, safety, and general welfare of the people of the Town of Koshkonong. This chapter is in accordance and consistent with the applicable Zoning Code,[1] so far as practicable.

[1]

Editor's Note: See Ch. 560, Zoning.

§ 249-4 Applicability of regulations.

Scope of coverage. This chapter applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the Town and the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this chapter. This chapter shall apply outside the Town limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and Chapter 490 of the Town Code, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats.

Exclusions. The following activities are generally excluded from coverage under this chapter:

(1)

State-funded or -conducted activities that are subject to the State Site Erosion Control and Stormwater Runoff Plan.

(2)

Agricultural land uses as defined in this chapter and quarries, except where the Town Board, Town Engineer or Building Inspector determine that erosion or runoff from such agricultural or quarry uses is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.

(3)

Small land disturbing activities such as gardens, minor landscaping modifications and minor repair of sidewalks, paths or driveways, except where the Town Board, Town Engineer or Building Inspector determine that erosion or runoff is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.

NOTE: State-funded or -conducted construction activities must meet the requirements contained in the "State Plan for the Control of Construction Erosion and Stormwater Runoff," which contains similar requirements as contained in this chapter, as a minimum.

§ 249-5 Design criteria, standards and specifications for control measures.

All control measures required to comply with this chapter shall be measured based on accepted design criteria, standards and specifications periodically established by the United States Natural Resources Conservation Service, Wisconsin Department of Natural Resources or otherwise identified as acceptable by the Building Inspector or Town Engineer. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply.

§ 249-6 Maintenance of control measures.

All 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 period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.

§ 249-7 Required control of erosion and pollutants during land disturbance and development.

Applicability. This section applies to the following sites of land development or land disturbing activities:

(1)

Those sites requiring certified survey map approval or subdivision or land division plat approval under Town land division ordinances.

(2)

Those sites involving the construction of buildings or other improvements on lots of approved certified surveys, land division plats or subdivision plats.

(3)

Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.

(4)

Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.

(5)

Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.

(6)

Those involving the laying, repairing, replacing, inspecting or enlarging of an underground pipe or facility for a distance of 300 feet or more.

(7)

Those sites involving the changing, enlargement, dredging or other alteration to any watercourse, waterway and/or wetlands.

(8)

Those other situations where the Town Engineer or Building Inspector, at the request of the Town Board, determine that erosion or runoff is likely to occur unless control measures are taken.

NOTE: The above applicability criteria are specifically stated in 1983 Wisconsin Act 416 for inclusion in this chapter.[1] Utility companies responsible for energy repair work should enter into a "memorandum of agreement" with the Town clearly stating their responsibilities if their activities may be included under any of the above applicability criteria.

[1]

Editor's Note: See § 281.33, Wis. Stats.

Minimum erosion and runoff control standards to be met. At a minimum, the erosion and runoff control standards listed below must be met on all sites described in Subsection A above. Additional or more stringent control standards may be required in those situations where the Town Engineer and/or Building Inspector determines that special circumstances due to topography, proximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards:

(1)

Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins or other appropriate control measures. Such sedimentation basins shall have a depth of at least three feet, be surrounded by snow fence or equivalent barrier and have sufficient surface area to provide a surface settling rate of not more than 1,500 gallons per square foot per day at the highest dewatering pumping rate. Water may not be discharged in a manner that causes erosion of the site, a neighboring site, or the bed or banks of the receiving water. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, up-slope chambers, hydrocyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate.

NOTE: There are several ways to meet this particle size performance objective, depending on the pumping rate. As an example, if the pumping rate is very low (1 gal/min), then an inclined or vertical enlargement pipe (about eight inches in diameter for 1 gal/mm) several feet long would be an adequate control device to restrict the discharge of 100 micron, and larger, particles. As the pumping rate increases, then the "device" must be enlarged. At a moderate (100 gal/min) pumping rate, a vertical section of corrugated steel pipe, or concrete pipe section, or other small "tank" (about 4 1/2 feet across for a 100 gal/min pumping rate) several feet tall would be adequate. With these pipe sections or small tanks, inlet baffles would be needed to minimize turbulence. With very large pumping rates (10,000 gal/min), sediment basins (about 35 feet in diameter for a pumping rate of 10,000 gal/min) at least three feet in depth with a simple (but adequately sized) pipe outlet would be needed. More sophisticated control devices (such as swirl concentrators or hydrocyclones) could be specially fabricated that would generally be smaller than the simple sedimentation devices describe above, but they would not be required.

(2)

Waste and material disposal. All waste and unused building material (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(3)

Tracking. Each site shall have a three inch graveled entrance pad of sufficient width and length to prevent sediment from being tracked into public or private roadways. Sediment reaching a public or private road shall be removed by street cleaning (not hydraulic flushing) before the end of each workday.

(4)

Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.

(5)

Channelized runoff. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas.

(6)

Sequenced activities. All activities on the site shall be conducted in logical sequence to minimize the area of bare soil exposed at any one time and the amount of soil leaving the site.

(7)

Stabilized disturbed ground.

(a)

All disturbed ground and soil or dirt storage piles shall be contained on the site by filter barriers or other suitable means. The containment measures shall remain in place until the site is adequately stabilized. All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding (only available prior to September 15th) or by mulching, filter barriers or covering, or other equivalent control measure.

(b)

For sites with more than 10 acres disturbed at one time, or if channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than 15 microns in size, based on the set of one-year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

(c)

For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

(8)

Filter fences, straw bales on slopes. Filter fences, straw bales, or equivalent control measures shall be placed continuously along all side slope and down slope sides of the site where deemed appropriate by Town officials. If a channel or area of concentrated runoff passes through the site, filter barriers shall be placed continuously along the channel edges reduce sediment reaching the channel.

(9)

Soil storage piles. Any soil or dirt storage piles containing more than 10 cubic yards of material should not be located with a down slope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with straw bales other appropriate filtering barriers.

Additional erosion and runoff control standards to be met on larger sites. These control standards are in addition to the minimum control standards as set forth in Subsection B, and thus include, but are not limited to, all sites involving land divisions, subdivisions or certified survey maps (where land divisions, subdivisions or certified survey maps involve either one or more acres or create five or more lots or building sites), or all sites where one or more acres are disturbed at a time, where special circumstance due to topography, proximity to watercourses or relation to environmentally sensitive lands make the disturbance a major one, shall meet the added control plan requirements as set up by the Town Engineer or Building Inspector. These requirements may include required public dedication of water runoff control measures. The permittee is responsible for obtaining compliance with the control plan requirements. Informal guidelines for the control plan for a major land disturbing activity are hereto attached and incorporated herein as a part of this chapter as an addendum.

Special circumstances. The control standards set forth in this chapter are intended to apply on a typical development site. When land disturbing and/or development activity is proposed for a site with extraordinary features, the Town Board, at its discretion, will require additional and/or more restrictive control standards and measures before any control plan is approved or permit is issued. Extraordinary sites include, but are not limited to, sites where land disturbing or development activities are proposed to occur on slopes of more than 20% grade in designated floodplain, wetland, or conservancy areas or in environmental corridor areas identified in the Town Comprehensive Plan.

Erosion and runoff control by public dedication of water runoff control. The Town Board may require dedication of water runoff control measures. When such dedication is required, the dedicated land may also be utilized for parkland and for recreational use. Once dedicated and accepted, the Town shall maintain the runoff control measures as necessary to adhere to this chapter and any other applicable laws or contracts. The potential costs of maintaining proposed runoff control measures will be among the criteria considered in both accepting or rejecting an entire "Erosion and Runoff Control Plan" for the areas and determining whether or not to require dedication to the Town of any or all runoff control measures. In the event that the Town does not require dedication of any water runoff control measures, the continued maintenance of such measures shall be assured through such means as deed restrictions, easements or a contract with the Town.

[Amended 3-13-2019 by Ord. No. 1]

§ 249-8 Permit application, control plan, and permit issuance.

Permit application. No landowner or land user, other than the Town, may commence a land disturbance or land development activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the Town Engineer. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this chapter shall submit an application for a permit and a control plan and pay an application fee to the Building Inspector or Town Engineer. By submitting an application, the applicant is authorizing the Building Inspector, Town Engineer and other designated Town officials to enter the site to obtain information required for a review of the control plan.

Content of the control plan for land disturbing activities.

(1)

Existing site map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:

(a)

Site boundaries of adjacent lands which accurately identify site location;

(b)

Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site. (Note: The local unit of government should identify sensitive local waters that may need to be further addressed by the control plan.);

(c)

One-hundred-year floodplains, flood fringes and floodways;

(d)

Vegetative cover;

(e)

Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site;

(f)

Locations and dimensions of utilities, structures, roads, highways, and paving; and

(g)

Site topography at a contour interval not to exceed five feet.

(2)

Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.

(3)

Site construction plan. A site construction plan including:

(a)

Locations and dimensions of all proposed land disturbing activities;

(b)

Locations and dimensions of all temporary soil or dirt stockpiles;

(c)

Locations and dimensions of all construction site management control measures necessary to meet the requirements of this chapter;

(d)

Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of construction site control measures needed to meet the requirements of this chapter; and provisions of maintenance of the construction site control measures during construction.

(e)

Provisions of maintenance of the construction site control measures during construction.

Emergency situations. Notwithstanding the above, a private landowner or the Town may commence land disturbing activity without an approved control plan where immediate action is necessary in order to respond to an existing or threatened emergency situation. When such emergency activity is undertaken, care will be taken to comply with the erosion and runoff control standards set forth in this chapter to the fullest extent practicable under the circumstances. The Building Inspector or Town Engineer shall be notified by the private landowner within three hours after commencing such land disturbing activities under this section.

Minor land disturbing activities — content of control plan statement. Minor land disturbing activities are all those activities other than those deemed to be major land disturbing activities. For minor land disturbing activities, an erosion control plan (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule). These documents will be used to meet the requirements of this chapter.

Review of major and minor land disturbing control plans.

(1)

Major land disturbing activities. Within 45 days of receipt of a completed control plan, the Town Engineer and Building Inspector shall determine if the requirements of this chapter are met. The applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.

(2)

Minor land disturbing activities. Control plan statements for minor land disturbing activities shall be reviewed by the Building Inspector for compliance with this chapter. The Building Inspector shall approve, reject or conditionally approve the plan within the same number of working days as required for issuance of a building permit, but in no event more than 10 working days after receipt of the completed control plan statement. If the control plan statement is rejected or conditionally approved, the applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.

Permits.

(1)

Duration. Permits 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 Building Inspector or Town Engineer may extend the period one or more times for up to an additional 180 days. The Building Inspector may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this chapter.

(2)

Permit fees — major land disturbing activities. The application fee for a major land disturbing activity permit shall be an amount set forth in the Fee Schedule adopted by the Town Board. In addition to this fee, before any permit will be issued, the applicant shall pay the actual engineering fees or expenses incurred by the Town in connection with review of the control plan and the engineering fees or expenses estimated to be incurred for on-site inspection during the project. These additional charges shall be determined by the Building Inspector and/or Town Board.

(3)

Permit fees — minor land disturbing activities. The application fee for a minor land disturbing activity permit shall be an amount set forth in the Fee Schedule adopted by the Town Board.

Permit requirements — major land disturbing activity. All major land disturbing activity permits shall require the permittee to do at least the following:

(1)

The applicant shall provide the Town, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the Town in an amount equal to 125% of the estimated cost of all required control measures as determined by the Town Engineer and/or Building Inspector. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force for the entire period of the permit unless released earlier by the Town. The Town shall have the right to draw upon the security for the purposes of obtaining compliance with the approved control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of plat or certified survey map conditions of approval, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under this Code of Ordinances.

(2)

Contact the Building Inspector upon completion of any control measures and at least two business days prior to commencing any land disturbing activity.

(3)

Obtain written permission from the Town Engineer or Building Inspector prior to modifying the control plan. They are authorized to permit only those modifications that comply with the terms of this chapter.

(4)

Install all control measures as identified in the control plan.

(5)

Maintain all control measures as identified in the control plan.

(6)

Repair any damage to adjoining surfaces and drainageways resulting from any land developing or disturbing activities on the permitted site.

(7)

Inspect the control measures after each rain of 0.5 inches or more and make needed repairs immediately.

(8)

Allow the Building Inspector, Town Engineer, or other designated Town officials to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan and this chapter.

(9)

Keep a copy of the approved control plan on site.

Permit requirements — minor land disturbing activity. All minor land disturbing activity permits shall require the permittee to:

(1)

Obtain permission, in writing, from the Building Inspector prior to modifying the control plan. They are authorized to permit only those modifications that comply with the terms of this chapter.

(2)

Install all control measurers as identified in the approved control plan.

(3)

Maintain all control measures as identified in the control plan.

(4)

Repair any damage to adjoining surfaces and drainageways resulting from any land developing or disturbing activities on the permitted site.

(5)

Inspect the control measures after each rain of 0.5 inches or more and make needed repairs immediately.

(6)

Allow the Building Inspector, Town Engineer, and other designated Town officials to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan and this chapter.

§ 249-9 Inspection.

The Town Engineer, Building Inspector or other designated Town officials shall inspect all major land disturbing activities in order to ensure compliance with the control plan and permit.

In the case of minor land disturbing activities, the Building Inspector shall inspect sites in order to ensure compliance with the control plan and permit.

If the land disturbing or land development activities are being carried out without a valid permit, i.e., unauthorized, Town inspection officials may enter the land in question pursuant to the special inspection warrant provisions of § 66.0119, Wis. Stats.

§ 249-10 Enforcement.

Violations. No land development or land disturbing activities within the scope of this chapter may occur without full compliance with the provisions of this chapter. Any person who violates or fails to comply with any provision of this chapter is subject to the enforcement and penalty provisions contained herein.

Enforcement. This chapter shall be enforced consistent with the policies and purposed underlying its adoption. The following enforcement actions, or any combination thereof, may be taken in case of a violation of this chapter:

(1)

Stop-work order.

(a)

A stop-work order may be issued by the Town Engineer, Building Inspector, or their authorized agents, after an inspection if:

[1]

Any land disturbing or land developing activity regulated under this chapter is being undertaken without a permit;

[2]

The control plan is not being implemented in a good-faith manner;

[3]

The conditions of the permit are not being met.

(b)

Stop-work orders may be retracted when compliance with the chapter is obtained. The Town Engineer, Town Board, Building Inspector or their designee has the authority to retract a stop-work order for major land disturbing activities; the Building Inspector, Town Engineer and their designees, may retract stop-work orders on minor land disturbing activities.

(2)

Revocation of permit. Where a stop-work order has been issued in order to obtain compliance with a control plan, the Town may revoke the permit if the permittee does not cease the illegal activity or obtain compliance with the control plan or permit conditions within five days from issuance of the stop-work order.

(3)

Town to perform work. Five days after posting a stop-work order, the Town may issue a notice of intent to the permittee or landowner or land user of the Town's intent to perform work necessary to comply with this chapter. Upon receipt of permission from the landowner or pursuant to a court order, the Town Engineer and/or other designated Town officials or agents, as determined by the Town Board, may go on the land and commence the work. The costs of the work performed by the Town, plus interest, shall be billed to the permittee or the landowner or may be recovered out of any security posted for such purpose. In the event a permittee or landowner otherwise fails to pay the amount due, the Town Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to § 66.0703, Wis. Stats.

(4)

Injunction and other judicial remedies. Compliance with the provisions of this chapter may also be obtained by the Town Board authorizing the Town Attorney to commence appropriate action to enjoin violations, compel compliance, or pursue other appropriate judicial relief.

(5)

Private remedies preserved. These enforcement provisions are not intended in any way to restrict or limit the rights of private parties to pursue whatever private legal remedies they may have available as a result of any erosion, sediment or water runoff.

Penalties. Any person violating any provision of this chapter shall be subject to a forfeiture as provided in § 1-3. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the Town shall issue a written warning to the person believed to be violating the chapter, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.

§ 249-11 Appeals; variances.

Appeal or variance requests.

(1)

By applicant or permittee. Any aggrieved applicant, permittee or land user may appeal any order, decision, determination or inaction of the Town in administering or enforcing this chapter, or may apply for a variance from the requirements of this chapter. A filing fee (see Fee Schedule) must accompany the appeal or variance request. Appeal or variance requests must be submitted, in writing, state the grounds for the appeal or variance request, and be filed with the Town Clerk. Publication and other associated costs will be in addition to this fee and paid by the applicant.

(2)

Appeal by citizens.

(a)

An appeal of any order, decision, determination or inaction of the Town in administering or enforcing this chapter may be commenced upon the filing of a petition signed by 25 adult residents of the Town and payment of (see fee schedule) to cover the cost of the appeal.

(b)

The appeal must be filed with the Town Clerk and shall state written grounds for the appeal. A copy of any citizen appeal shall be delivered or mailed to the applicant or permittee by the Town Clerk within five business days of its filing with the Town. The filing of a citizen appeal, by itself, does not prohibit the commencement or continuation of any work or activity.

(3)

Appeal deadline. Appeals by applicants, permittees or citizens must be filed within 45 days of the order, decision, determination or inaction being appealed.

(4)

Multiple appeals prohibited. Once an appeal has been filed on a matter, no other appeal on the same order, decision, determination or inaction will be allowed. The Town Board shall consolidate appeals wherever possible to avoid a multiplicity of appeal proceedings and to hasten the final resolution of a matter. The Town Board may allow additional parties to join a pending appeal where appropriate and where such addition will not delay the proceedings.

Authority.

(1)

Authority to grant variances. The Town Board shall decide all variance requests in accordance with the provisions of this Code of Ordinances. The Town Board shall only grant such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter is impracticable or otherwise unreasonable or demonstrated to be unnecessary. Such variances may be granted only when the Town Board has been presented with satisfactory proof that the variance will achieve compliance results comparable to those set forth in this chapter.

(2)

Appeals. The Town Board shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by Town officials in administering this chapter. The Town Board shall use the rules, procedures, duties and powers authorized by Town ordinance and statute for the Town Board in hearing and deciding appeals and authorizing variances. The Town Board shall hear and decide within 30 days of receipt of the written request and payment of the appeal fee, unless an extension is agreed upon by the appellant and Town Board.

Enforcement not stayed. The filing of an appeal or variance does not preclude the Town from commencing or continuing any of the enforcement actions set forth herein or a forfeiture proceeding set forth in this chapter unless the Town Board specifically agrees to stay such enforcements.