[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from Ch. 32 of the former Municipal Code, adopted 4-11-2016.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
This article is adopted under the authority granted by § 61.354, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 61.354, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments to this article.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Village Board, Village of Fox Crossing, hereby designates the Department of Community Development and Department of Public Works to administer and enforce the provisions of this article.
D. 
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Village Board finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Fox Crossing.
It is the purpose of this article to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the Village of Fox Crossing.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
Applicability.
(1) 
Where not otherwise limited by law, this article applies to all construction sites, unless the site is otherwise exempt under Subsection A(2) or (3).
(a) 
A permit is required for a construction site with 4,000 square feet or greater of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a permitted site, including § 400-7B performance standards, § 400-8 permit requirements, and § 400-9 plan requirements.
(b) 
A permit is not required for a construction site with less than 4,000 square feet of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a nonpermitted site, including § 400-7A performance standards.
(c) 
Notwithstanding the applicability requirements in Subsection A(1)(a) and (b), a permit is required for a construction site with less than 4,000 square feet of land disturbing construction activity if the Director of Community Development and/or Director of Public Works determines that permit coverage is needed in order to improve ordinance compliance, meet targeted performance standards, or protect waters of the state. If a permit is required, the responsible party shall comply with all applicable provisions of this article for a permitted site, including § 400-7B performance standards, § 400-8 permit requirements, and § 400-9 plan requirements.
(2) 
This article does not apply to the following:
(a) 
Land disturbing construction activity that includes the construction of one- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than one acre of disturbance. These construction sites are regulated by the Wisconsin Department of Safety and Professional Services under § SPS 321.125, Wis. Adm. Code.
(b) 
Nonpoint discharges from agricultural activity areas.
(c) 
Nonpoint discharges from silviculture activities.
(3) 
A construction site exempted by federal statutes or regulations from the requirement to have a National Pollutant Discharge Elimination System permit issued under 40 CFR 122, for land disturbing construction activity, shall comply with § 400-7A performance standards if less than one acre of land disturbing construction activity. Section 400-7B performance standards, § 400-8 permit requirements, and § 400-9 plan requirements are not applicable.
B. 
Jurisdiction. This article applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the Village of Fox Crossing.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village Board, Village of Fox Crossing, to administer this article and for the purpose of this article shall be the Director of Community Development and/or Director of Public Works.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Department of Community Development or Department of Public Works is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
A development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
CONSTRUCTION SITE
An area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development.
DEPARTMENT OF COMMUNITY DEVELOPMENT or DEPARTMENT OF PUBLIC WORKS or DEPARTMENTS
The Department of Community Development and/or Department of Public Works, Village of Fox Crossing.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. The TP-40, Type II, twenty-four-hour design storms for the Village of Fox Crossing are: one-year, 2.3 inches; two-year, 2.6 inches; five-year, 3.4 inches; ten-year, 3.9 inches; twenty-five-year, 4.5 inches; fifty-year, 5.0 inches; and one-hundred-year, 5.5 inches. The Atlas 14, MSE4, twenty-four-hour design storms for the Village of Fox Crossing are: one-year, 2.19 inches; two-year, 2.51 inches; five-year, 3.09 inches; ten-year, 3.62 inches; twenty-five-year, 4.42 inches; fifty-year, 5.10 inches; and one-hundred-year, 5.83 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other land uses and associated roads.
DIRECTOR OF COMMUNITY DEVELOPMENT or DIRECTOR OF PUBLIC WORKS or DIRECTORS
The Director of Community Development or the Director of Public Works, Village of Fox Crossing, and for the purpose of this article shall be the administering authority.
DIVISION OF LAND
The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN or PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first-, second- or third-class city or within 1.5 miles of a fourth-class city or village.
FINAL STABILIZATION
All land disturbing construction activities at the construction site have been completed and a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
GOVERNING BODY
Village Board, Village of Fox Crossing.
LAND DISTURBING CONSTRUCTION ACTIVITY (OR DISTURBANCE)
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of pollutants into the municipal separate storm sewer or waters of the state. "Land disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
MEP or MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified within this article. "Maximum extent practicable" applies when the permit applicant demonstrates to the Director of Community Development and/or Director of Public Works' satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the permit applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Department of Community Development or Department of Public Works to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
PROTECTIVE AREA
Has the meaning given in Article II, Post-Construction Stormwater Management, of this chapter.
RESPONSIBLE PARTY
Any entity holding fee title to the property or performing services to meet the performance standards of this article through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITIES
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the Director of Community Development, Director of Public Works, or their designee, which requires that all construction activity on the site be stopped.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area, where additional practices beyond those contained in this article are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a BMP material, device or method.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants, specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
TP-40
The Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
TR-55
The United States Department of Agriculture, Natural Resource Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this article.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this article. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
VILLAGE BOARD
The Village Board, Village of Fox Crossing.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
Design criteria, standards and specifications. All BMPs required to comply with this article shall meet the design criteria, standards and specifications based on any of the following:
(1) 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(2) 
Technical standards and other guidance identified within the Village of Fox Crossing Stormwater Reference Guide. Changes to the Reference Guide that are administrative or technical in nature shall not require Village Board approval. Changes to the Reference Guide that relate to performance standards and requirements shall be presented to the Village Board at a public hearing for adoption.
(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 contained in § 400-7B.
(4) 
For this article soil or sediment is calculated using the appropriate annual rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using an MSE3 or 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 or developed in Subsection A may be used provided that the methods have been approved by the Director of Community Development, Director of Public Works, or their designee.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
Non-permitted 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 this article.
(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 article.
(3) 
Location. Best management practices 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 article.
(4) 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(a) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(b) 
Erosion and sediment control practices shall be maintained until final stabilization.
(c) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(d) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e) 
Best management practices that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
B. 
Permitted sites.
(1) 
Responsible party. The landowner or other person performing services to meet the performance standards of this article, through a contract or other agreement with the landowner, is a responsible party and shall comply with this article.
(2) 
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 400-9. The erosion and sediment control plan shall meet all of the applicable requirements contained in this article.
(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 article.
[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] 
Best management practices that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
[2] 
Except as provided in Subsection B(6), the Director of Community Development or Director of Public Works may not require any person to employ more BMPs than are needed to meet the five tons per acre per year sediment performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The Director of Community Development or Director of Public Works may give credit toward meeting the sediment performance standard for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
[3] 
Notwithstanding Subsection B(3)(b)[1] and [2], if BMPs cannot be designed and implemented to meet the five tons per acre per year sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(c) 
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. Best management practices 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 article.
(5) 
Implementation. The BMPs used to comply with this article shall be implemented as follows:
(a) 
In accordance with the plan developed pursuant to § 400-9, 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 activities cease and final grade has been reached on any portion of the site.
(d) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(e) 
Best management practices that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
(6) 
Targeted performance standards. The Director of Community Development and/or Director of Public Works may establish numeric water quality requirements that are more stringent than those set forth in this section 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.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
Permit required. When a permit is required, no responsible party may commence a land disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Department of Community Development.
B. 
Permit application and fees. When a permit is required, at least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 400-9 and shall pay an application fee as set forth in § 400-10 to the Department of Community Development. By submitting an application, the applicant is authorizing the Director of Community Development, Director of Public Works, or their designee, to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Review and approval of permit application. The Village Engineer, Director of Community Development, Director of Public Works, or their designee, shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
(1) 
Within 20 business days of the receipt of a complete permit application, as required by Subsection B, the Village Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2) 
If the permit application and plan are approved, the Department of Community Development shall issue the permit.
(3) 
If the permit application or plan is disapproved, the Village Engineer shall state in writing the reasons for disapproval.
(4) 
The Village Engineer or Director of Community Development, or their designee, may request additional information from the applicant. If additional information is submitted, the Village Engineer or Director of Community Development, or their designee, shall have 20 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5) 
Failure by the Village Engineer or Director of Community Development, or their designee, to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D. 
Financial guarantee. As a condition of approval and issuance of the permit, the Village Engineer or Director of Community Development, or their designee, may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.
E. 
Permit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Director of Community Development and/or the Director of Public Works may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director of Community Development or Director of Public Works to suspend or revoke this permit may be appealed in accordance with § 400-13.
(1) 
Notify the Village Engineer, Department of Community Development, and Department of Public Works within 48 hours of commencing any land disturbing construction activity.
(2) 
Notify the Village Engineer, Department of Community Development, and Department of Public Works of completion of any BMPs within 10 business days after their installation.
(3) 
Obtain permission in writing from the Director of Community Development and/or Director of Public Works prior to any modification pursuant to § 400-9C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in weekly inspection reports.
(7) 
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 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.
(8) 
Allow the Director of Community Development, Director of Public Works, or their designee, to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated.
(9) 
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 section may include conditions established by the Village Engineer and/or the Director of Community Development or Director of Public Works in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 400-7.
G. 
Permit duration. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director of Community Development may extend the period one or more times for up to an additional 180 days. The Director of Community Development may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
A. 
Plan requirements. The erosion and sediment control plan required under § 400-7B shall comply with the Village of Fox Crossing Stormwater 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 site.
(6) 
Proposed best management practices.
(7) 
Erosion and sediment control plan narrative.
(8) 
Construction sequence and construction schedule.
B. 
Amendments. The applicant shall amend the plan if any of the following occur:
(1) 
There is a change in design, construction, operation or maintenance or schedule at the site which has the reasonable potential for the discharge of pollutants to waters of the state or separate storm sewers and which has not otherwise been addressed in the plan.
(2) 
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The Director of Community Development notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this article shall be as set forth in the Village Fee Schedule, reference this Code section.
[Amended 8-11-2025 by Ord. No. 250728-1]
Whenever land disturbing construction activities are being carried out, the Director of Community Development, Director of Public Works, or their designee, may enter the land pursuant to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
The Building Official or Director of Public Works may post a stop-work order if any of the following occurs:
(1) 
Any land disturbing construction activity is being undertaken without a permit and, pursuant to § 400-4A of this article, a permit is required for the construction site.
(2) 
The erosion and sediment control plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
(4) 
Any land disturbing construction activity is in violation of this article.
B. 
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Director of Community Development or Director of Public Works may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Department of Community Development or Department of Public Works, or if a responsible party violates a stop-work order posted under Subsection A, the Director of Community Development and/or Director of Public Works may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
D. 
The Director of Community Development and/or Director of Public Works may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the Director of Community Development and/or Director of Public Works may issue a notice of intent to the responsible party of his intent to perform work, or have work performed on their behalf, necessary to comply with this article. The Director of Community Development and/or Director of Public Works may go on the land and commence the work, or have the work commenced on their behalf, after issuing the notice of intent. The costs of the work performed under this article by the Village of Fox Crossing, or its designee, plus interest at the rate authorized by the Village shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
F. 
Any person violating any of the provisions of this article shall be subject to a forfeiture, as set forth in Chapter A450, Fines and Penalties, reference this Code section, and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction pursuant to § 61.35, Wis. Stats. It shall not be necessary to prosecute for forfeiture or a cease-and-desist order before resorting to injunctional proceedings.
[Amended 8-11-2025 by Ord. No. 250728-1]
A. 
Appeals. The Village Board:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Department of Community Development and/or Department of Public Works in administering this article except for cease-and-desist orders obtained under § 400-12C;
(2) 
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this article will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Village Board may be taken by any aggrieved person or by any office, department, board, or commission of the Village of Fox Crossing affected by any decision of the Department of Community Development and/or Department of Public Works.
If a court of competent jurisdiction judges any section, clause, provision or portion of this article unconstitutional or invalid, the remainder of this article shall remain in force and not be affected by such judgment.
This article shall be effective on April 11, 2016, after adoption by the Village Board of the Village of Fox Crossing and publication or posting as provided by law. Amendments hereto shall be made only after notice and public hearing.