[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 15, Ch. 3, of the 1996 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
The Building Inspectors of the Town of Koshkonong.
Use of land for the retail or wholesale sale of goods or
services.
A practice or combination of practices to control erosion
and attendant pollution.
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.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The vertical location of the existing ground surface prior
to excavation of filling.
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.
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.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
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.
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.
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff.
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.
Any person holding title to or having any interest in land.
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.
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.
All continuous lands under the ownership or control of a
land occupier or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government or any combination
thereof.
All lands owned or controlled by any unit of government.
Includes, but is not limited to, ice or water flowing over
the ground surface.
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.
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.
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
|
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 removed from a given site by land disturbing activities
or by the forces of erosion, and redeposited at another site.
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
A closed conduit for conducting collected stormwater.
The waters derived from rains falling within a tributary
drainage basin, flowing over the ground surface or collected in water
drainage system.
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.
Any element in a water drainage system which is made or improved.
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.
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."
This chapter is adopted pursuant to the guidelines in § 60.627,
Wis. Stats.
A.
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.
B.
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.
A.
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.
B.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
(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.
C.
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.
A.
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.
B.
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.
C.
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.