Town of Grand Chute, WI Article II Technical Requirements

§ 275-6 Technical standards.

A. Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:

(1) Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.

(2) Technical standards and other guidance identified within the Town of Grand Chute Erosion and Sediment Control Reference Guide.

(3) Soil loss prediction tools, such as the Revised Universal Soil Loss Equation 2 (RUSLE2), that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards pursuant to § 275-7B of this chapter.

(4) In this chapter, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the "R factor," or an equivalent design storm using a Type II distribution, with consideration given to the geographic location of the site and the period of disturbance.

B. Other standards. Other technical standards not identified in this chapter may be used, provided that the methods have been approved by the administering authority.

§ 275-7 Performance standards.

A. Nonpermitted sites.

(1) Responsible party. The landowner of the construction site, or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs, is a responsible party and shall comply with the requirements of this chapter.

(2) Requirements. At each site where land disturbing construction activity is to occur, BMPs shall be used to prevent or reduce all of the following:

(a) The deposition of soil from being tracked onto streets by vehicles.

(b) The discharge of sediment from disturbed areas into stormwater inlets.

(c) The discharge of sediment from disturbed areas into adjacent waters of the state.

(d) The discharge of sediment from drainageways that flow off the site.

(e) The discharge of sediment by dewatering activities.

(f) The discharge of sediment eroding from soil stockpiles existing for more than seven days.

(g) The discharge of on-site chemicals, cement and other building compounds and materials into waters of the state or off-site separate storm sewers during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this chapter.

(3) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state and off-site separate storm sewers. However, projects that require BMP placement in waters of the state, such as a turbidity barrier, are not prohibited by this chapter.

(4) Implementation. The BMPs used to comply with the requirements of this chapter shall be implemented as follows:

(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.

(b) Erosion and sediment control practices shall be maintained until final stabilization.

(c) Final stabilization activity shall commence when land disturbing construction activities cease and final grade has been reached on any portion of the site.

(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

(5) Alternate requirements. The administering authority may establish erosion and sediment control requirements more stringent than those set forth in this chapter if the administering authority determines that an added level of protection is needed to protect resources.

B. Permitted sites.

(1) Responsible party. The landowner or other person performing services to meet the performance standards of this chapter, through a contract or other agreement with the landowner, is a responsible party and shall comply with the requirements of this chapter.

(2) Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 275-9 of this chapter and shall meet all other applicable requirements contained herein.

(3) Requirements. The erosion and sediment control plan shall meet all of the following:

(a) The plan shall use BMPs to prevent or reduce all of the following:

[1] The deposition of soil from being tracked onto streets by vehicles.

[2] The discharge of sediment from disturbed areas into stormwater inlets.

[3] The discharge of sediment from disturbed areas into adjacent waters of the state.

[4] The discharge of sediment from drainageways that flow off the site.

[5] The discharge of sediment by dewatering activities.

[6] The discharge of sediment eroding from soil stockpiles existing for more than seven days.

[7] The discharge of sediment from erosive flows at outlets and in downstream channels.

[8] The discharge of on-site chemicals, cement and other building compounds and materials into waters of the state or off-site separate storm sewers during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this chapter.

[9] The discharge of untreated wash water from vehicle and wheel washing into waters of the state or off-site separate storm sewers.

(b) For sites with one acre or more of land disturbing construction activity, the plan shall meet the following sediment performance standards:

[1] BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.

[2] Except as provided in § 275-7B(6), the administering authority may not require any person to employ more BMPs than are needed to meet the five-tons-per-acre-per-year sediment performance standard in order to comply with the maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The administering authority may give credit toward meeting the sediment performance standard for limiting the duration and/or area of land disturbing construction activity or for other appropriate mechanisms.

[3] Notwithstanding the provisions in § 275-7B(3)(b)[1] and [2], if BMPs cannot be designed and implemented to meet the five-tons-per-acre-per-year sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.

(c) The plan shall incorporate all of the following preventative measures:

[1] Maintenance of existing vegetation, especially adjacent to surface waters, whenever possible.

[2] Minimization of soil compaction and preservation of topsoil.

[3] Minimization of land disturbing construction activity on slopes of 20% or more.

[4] Development of spill prevention and response procedures.

(4) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state and off-site separate storm sewers. However, projects that require BMP placement in waters of the state, such as a turbidity barrier, are not prohibited by this chapter.

(5) Implementation. The BMPs used to comply with the requirements of this chapter shall be implemented as follows:

(a) In accordance with the plan developed pursuant to § 275-9, the erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.

(b) Erosion and sediment control practices shall be maintained until final stabilization.

(c) Final stabilization activity shall commence when land disturbing construction activities cease and final grade has been reached on any portion of the site.

(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

(6) Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 275-7B(3) in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land disturbing construction activity.

(7) Alternate requirements. The administering authority may establish erosion and sediment control requirements more stringent than those set forth in this chapter if the administering authority determines that an added level of protection is needed to protect resources. Additionally, the administering authority may establish erosion and sediment control requirements less stringent than those set forth in this chapter if the administering authority determines that less protection is needed to protect resources. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by Wisconsin Department of Natural Resources under Ch. NR 151, Wis. Adm. Code. The established additional requirements shall be provided to the applicant in writing.

§ 275-8 Permitting requirements, procedures and fees.

A. Permit required. When a permit is required, no responsible party may undertake a land disturbing construction activity without prior approval of an erosion and sediment control plan for the site and receipt of a permit from the administering authority.

B. Permit application and fees. When a permit is required, any responsible party desiring to undertake a land disturbing construction activity shall submit to the approving authority a permit application made on a form provided by the administering authority for that purpose. Unless otherwise excepted by this chapter, a permit application must be accompanied by an erosion and sediment control plan that meets the requirements set forth in § 275-9 and a nonrefundable permit administration fee established by the Town of Grand Chute as set forth in § 275-10.

C. Review and approval of permit application. The administering authority 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) If the permit application and plan are approved, the administering authority shall issue the permit.

(2) If the permit application or plan is disapproved, the administering authority shall state, in writing, the reasons for disapproval.

(3) The administering authority may request additional information from the applicant. If additional information is submitted, the administering authority shall inform the applicant that the plan is either approved or disapproved.

D. Financial guarantee. As a condition of approval and issuance of the permit, the administering authority may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions. The financial guarantee shall be in an amount determined by the administering authority to be the estimated cost of construction and the estimated cost of maintenance of the practices called for in the erosion and sediment control plan. The administering authority may require the site to be certified by a licensed professional engineer. The financial guarantee shall grant the administering authority the authorization to use the funds to complete the erosion and sediment control practices if the responsible party defaults or does not properly implement the approved erosion and sediment control plan, upon written notice by the administering authority that the requirements of this chapter have not been met.

(1) The administering authority shall release the portion of the financial guarantee established under this chapter, less any costs incurred by the administering authority to complete installation of practices, upon submission of as-built plans by a licensed professional engineer. The administering authority may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.

E. Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification to the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with the provisions in § 275-13 of this chapter.

(1) Notify the administering authority within 48 hours of commencing any land disturbing construction activity.

(2) Obtain permission, in writing, from the administering authority prior to any modification of the erosion and sediment control plan, pursuant to § 275-9B of this chapter.

(3) Install all BMPs as identified in the approved erosion and sediment control plan.

(4) Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.

(5) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities, and document repairs in weekly inspection reports.

(6) Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of 0.5 inch or greater. Repair or replace erosion and sediment control BMPs as necessary within 24 hours of an inspection or notification that repair or replacement is needed. Maintain, at the construction site, weekly written reports of all inspections. Weekly inspection reports shall include all of the following: date, time and location of the construction site inspection; the name of the individual who performed the inspection; an assessment of the condition of erosion and sediment controls; a description of any erosion and sediment control BMP implementation and maintenance performed; and a description of the present phase of land disturbing construction activity at the construction site.

(7) Allow the administering authority to enter the site for the purpose of inspecting for compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with said plan. Keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.

(8) The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.

F. Permit conditions. Permits issued under this chapter may include conditions established by the administering authority, in addition to the requirements set forth in § 275-8E, where it is determined necessary to assure compliance with the performance standards set forth in § 275-7.

G. Permit duration. Permits issued under this chapter shall be valid for a period of 180 days from the date of issuance or the length of the building permit or other construction authorizations, whichever is longer. The administering authority may extend the period one or more times for up to an additional 180 days. The administering authority may require additional BMPs as a condition of the extension if they are determined necessary to meet the requirements of this chapter.

H. Maintenance. The responsible party shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.

I. Alternate requirements. The administering authority may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of land disturbing construction activity.

§ 275-9 Erosion and sediment control plan.

A. Plan requirements. The erosion and sediment control plan required under the provisions of § 275-7B shall comply with the Town of Grand Chute Erosion and Sediment Control Reference Guide and contain, at a minimum, the following information:

(1) Name, address, and telephone number of the landowner and responsible parties.

(2) A legal description of the property proposed to be developed.

(3) A site map with property lines, disturbed limits, and drainage patterns.

(4) Total area of the site and total area of the construction site that is expected to be disturbed by construction activities.

(5) Performance standards applicable to the site.

(6) Proposed best management practices.

(7) Erosion and sediment control plan narrative.

(8) Construction sequence and construction schedule.

(9) The erosion and sediment control plan shall include, at a minimum, the items specified in the Town of Grand Chute Erosion and Sediment Control Reference Guide and RUSLE2.

B. Amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:

(1) There is a change in design, construction, operation, maintenance or schedule at the site, which has the reasonable potential for the discharge of pollutants to waters of the state or off-site separate storm sewers, and which has not otherwise been addressed in the plan.

(2) The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.

(3) The administering authority notifies the applicant of changes needed in the plan.

C. Alternate requirements. The administering authority may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.