The intent of this chapter is to require erosion control best
management practices that will reduce the amount of sediment and other
pollutants leaving construction sites during land development or land
disturbing activities.
This chapter is adopted under the authority granted by § 61.354,
Wis. Stats.
This chapter applies to land development and land disturbing
activities on lands within the boundaries and jurisdiction of the
Village of Grantsburg, with the exclusion of those lands on which
erosion control authority is superseded by the county or state.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
BMP HANDBOOK
The most recent edition of the Department of Natural Resources
Wisconsin Construction Best Management Practices Handbook.
BUILDING INSPECTOR
Employees or contractors of the Village of Grantsburg authorized
by the Village Board to implement provisions of this chapter.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
LAND DEVELOPMENT ACTIVITY
The construction or demolition of buildings, roads, utilities,
parking lots, paved storage areas and similar facilities.
LAND DISTURBING ACTIVITY
Any man-made change of the land surface, including removing
vegetation cover, excavating, filling and grading but not including
agricultural land uses, such as planting, growing, cultivating and
harvesting of crops, growing and tending of gardens and harvesting
of trees.
LAND USER
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
LANDOWNER
Any person holding title to or having an interest in land.
RUNOFF
The rainfall, snowmelt, dewatering or irrigation water flowing
over the ground surface.
SITE
The entire area included in the legal description of the
parcel or other land division on which the land development or land
disturbing activity is proposed in the permit application.
STABILIZE
To make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, concrete, gravel or
other measure.
WATERS OF THE STATE
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
WORKING DAY
A calendar day, except Saturdays, Sundays and Village-recognized
legal holidays.
All best management practices required to comply with this chapter
shall meet the design criteria, standards and specifications set forth
in the BMP Handbook or adopted by the Grantsburg Village Board.
All best management practices necessary to comply with the requirements
of this chapter shall be maintained by the applicant or subsequent
landowner during the period of land disturbance and development of
the site in a satisfactory manner to ensure adequate performance and
to prevent nuisance conditions. The standards for maintenance of best
management practices shall be as set forth in the BMP Handbook or
adopted by the Grantsburg Village Board.
No landowner or land user may commence a land development or
land disturbing activity subject to this chapter without receiving
prior approval of an erosion control plan for the site and a permit
from the Village. At least one landowner or land user controlling
or using the site and desiring to undertake a land development or
land disturbing activity subject to this chapter shall submit an application
for an erosion control permit and a control plan and pay an application
fee to the Village. By submitting an application, the applicant is
authorizing the Village Board or other agent authorized by the Village
to enter the site to obtain information required for the review of
the erosion control plan.
A. Content of the erosion control plan for land development and land
disturbing activities covering one or more acres shall be as follows:
(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 extending at least 200 feet in each direction, including:
(a)
Site boundaries and adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
(c)
One-hundred-year floodplains, flood-fringes and floodways.
(d)
Location of the predominant soil types.
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site.
(g)
Size, slope and land cover of upslope drainage areas and direction
and destination of drainage flows.
(h)
Locations and dimensions of utilities, structures, roads, highways
and paving.
(i)
Site topography at a contour interval not to exceed five feet.
(j)
Name, address and daytime telephone number of the applicant
and the person responsible for maintenance of best management practices.
(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 development and
land disturbing activities.
(b)
Locations and dimensions of all temporary soil or dirt stockpiles.
(c)
Locations and dimensions of all best management practices necessary
to meet the requirements of this chapter.
(d)
Schedule of anticipated starting and completion dates of each
land development or land disturbing activity, including the installation
of best management practices needed to meet the requirements of this
chapter.
(e)
Provisions for maintenance of best management practices during
construction.
(f)
Description of vegetation and other materials to be used to
stabilize the site, including a schedule for installation and maintenance.
B. Content of erosion control plan statement for land development and
land disturbing activities covering less than one acre. An erosion
control plan statement (with simple map) shall be submitted to briefly
describe the following:
(1) Property boundaries and area to be disturbed.
(2) Direction of slopes before and after development.
(3) Existing and proposed buildings and other improvements.
(4) Size of upslope drainage areas.
(6) Best management practices necessary to meet the requirements of this
chapter.
(7) Description of vegetation and other materials to be used to stabilize
the site, including a schedule for installation and maintenance.
(8) Name, address and daytime telephone number of the applicant and the
person responsible for maintenance of best management practices.
C. Review of erosion control plans.
(1) Erosion control plans for sites of one or more acres of land development
or land disturbing activity. Within 30 working days of receipt of
the application, control plan and fee, the Building Inspector shall
review the application and control plan to determine if the requirements
of this chapter are met. The Building Inspector may request comments
from other agencies. If the requirements of this chapter are met,
the Building Inspector shall approve the plan, inform the applicant
and issue a permit. If the conditions are not met, the Building Inspector
shall inform the applicant, in writing, and may either require needed
information or disapprove the plan. Within 30 working days of receipt
of needed information, the Building Inspector shall again determine
if the plan meets the requirements of this chapter. If the plan is
disapproved, the Building Inspector shall inform the applicant, in
writing, of the reasons for disapproval.
(2) Erosion control plans for sites of less than one acre of land development
or land disturbing activity. Within 10 working days of receipt of
the application, control plan statement and fee, the Building Inspector
shall review the application and control plan statement to determine
if the requirements of this chapter are met. The Building Inspector
may request comments from other staff or agencies. If the requirements
of this chapter are met, the Building Inspector shall approve the
plan, inform the applicant and issue a permit. If the conditions are
not met, the Building Inspector shall inform the applicant, in writing,
and may either require needed information or disapprove the plan.
Within 10 working days of receipt of needed information, the Building
Inspector shall again determine if the plan meets the requirements
of this chapter. If the plan is disapproved, the Building Inspector
shall inform the applicant, in writing, of the reasons for disapproval.
(3) No building permit or footing and foundation permit shall be issued
for a site subject to this chapter without an erosion control permit.
D. Erosion control permits.
(1) Duration. Erosion control 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 may extend the period one or more times for up
to an additional 180 days. The Building Inspector may require additional
best management practices as a condition of the extension if they
are necessary to meet the requirements of this chapter.
(2) Surety bond. As a condition of approval and issuance of the permit,
the Village shall require the applicant to deposit a surety bond,
irrevocable letter of credit or cash escrow to guarantee a good faith
execution of the approved erosion control plan and any permit conditions.
(3) Permit conditions. All erosion control permits shall require the
permittee to:
(a)
Notify the Village within two working days of commencing any
land development and land disturbing activity;
(b)
Notify the Village of completion of any best management practices
within the next working day after their installation;
(c)
Obtain permission, in writing, from the Building Inspector prior
to modifying the erosion control plan;
(d)
Install all best management practices as identified in the approved
erosion control plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
best management practices and other facilities identified in the erosion
control plan;
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land development or land disturbing
activities;
(g)
Inspect the best management practices after each rain of 0.5
inch or more and at least once each week and make needed repairs;
(h)
Allow Village personnel or other agents authorized by the Village
to enter the site for the purpose of inspecting compliance with the
erosion control plan or for performing any work necessary to bring
the site into compliance with the erosion control plan; and
(i)
Keep a copy of the erosion control plan on the site.
If land development or land disturbing activities are being
carried out without a permit, Village personnel shall enter the land
pursuant to the provisions of § 66.0119, Wis. Stats.
Fees referred to in this chapter shall be established by the
Village Board in a fee schedule and may from time to time be modified
by Village Board resolution. Fees shall be related to costs involved
in handling permit applications, reviewing control plans, conducting
site inspections and administering the erosion control program.