A.
Purpose and Intent. The City of Franklin finds that
runoff from construction sites carries a significant amount of sediment
and other pollutants to the waters of the State and of the City of
Franklin, including from sites where the only development activity
is grading, filling, and/or excavating, independent of or prior to
building construction. It is the purpose of this Division to help
preserve the natural resources; to protect the quality of the waters
of the State and of the City; 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 discharged
from construction sites to lakes, streams, nature conservancy areas
and wetlands, by minimizing the amount of airborne dust and by preventing
the destruction of natural resources intended to be preserved by this
ordinance, through the administration and enforcement of the permit,
plan, control measure and maintenance requirements of this Division.
B.
Authority.
1.
This ordinance is adopted under the authority granted
by § 62.234, Wis. Stats. This ordinance 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 § 62.234, Wis. Stats., § 62.23, Stats.,
applies to this ordinance and to any amendments to this ordinance.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
2.
The provisions of this ordinance are deemed not
to limit any other lawful regulatory powers of the City of Franklin
Common Council.
3.
The City of Franklin Common Council hereby designates
the City Engineer or designee to administer and enforce the provisions
of this ordinance.
4.
The requirements of this ordinance do not preempt
more stringent erosion and sediment control requirements that may
be imposed by any of the following:
a.
Wisconsin Department of Natural Resources administrative
rules, permits or approvals including those authorized under §§ 281.16
and 283.33, Stats.
b.
Targeted non-agricultural performance standards
promulgated in rules by the Wisconsin Department of Natural Resources
under s. NR 151.004, Wis. Adm. Code.
5.
This Division is additionally intended to further
the purposes of and is made pursuant to the authority granted under
§§ 62.23(7), 62.234 and 236.45, Stats.
A.
Applicability. This Section applies to the following
sites of land disturbing construction activities, except as provided
under Sub. B.:
1.
Construction site (1/4 or more acres; 25 or more
cubic yards). A construction site, which has one-quarter or more acres
of land disturbing construction activity or upon which 25 or more
cubic yards of dirt, sand or other excavation or fill material is
excavated or filled by the land disturbing construction activity.
2.
Subdivision Plats. Those requiring a Subdivision
Plat approval or the construction of residential or commercial, industrial
or institutional buildings on lots of approved Subdivision Plats.
3.
Certified Survey Map. Those requiring a Certified
Survey Map approval or the construction of residential or commercial,
industrial or institutional buildings on lots of an approved Certified
Survey Map.
4.
Street, Highway, Road, or Bridge Construction, Enlargement,
Relocation or Reconstruction. Those involving street, highway, road,
or bridge construction, enlargement, relocation or reconstruction.
5.
Laying, Repairing, Replacing or Enlarging of an
Underground Pipe or Facility. Those involving the laying, repairing,
replacing or enlarging of an underground pipe or facility for a distance
of 300 feet or more.
6.
Supporting or Adjoining Natural Resource Features.
Those, which are within 100 feet of any natural resource feature listed
in Table 4.0100.
7.
Adverse Drainage Impacting. Notwithstanding Subs.
1. through 6. above, this ordinance applies to construction sites
of any size that, in the opinion of the City Engineer or designee,
are likely to result in runoff that exceeds the safe capacity of the
existing drainage facilities or receiving body of water, that causes
undue channel erosion, that increases water pollution by scouring
or the transportation particulate matter or that endangers property
or public safety.
B.
Non-applicability. This ordinance does not apply
to the following:
1.
Land disturbing construction activity that includes
the construction of a building and is otherwise regulated by the Wisconsin
Department of Commerce under s. Comm 21.125 or 50.115, Wis. Adm. Code.
2.
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
3.
Nonpoint discharges from agricultural facilities
and practices.
4.
Nonpoint discharges from silviculture activities.
5.
Routine maintenance for project sites under five
acres of land disturbance if performed to maintain the original line
and grade, hydraulic capacity or original purpose of the facility.
C.
Jurisdiction. This Division of this Ordinance applies
to land disturbing and land development activities on lands within
the boundaries and jurisdiction of the City of Franklin and the public
and private lands subject to extraterritorial review under Chapter
236 of the Wisconsin Statutes. This Division 15-8.0300 is not applicable
to activities conducted by a state agency, as defined under s. 227.01
(1), 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 s. 281.33 (2), Stats.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
ADMINISTERING AUTHORITY — The City of Franklin
City Engineer or designee, under § 62.234, Wis. Stats.,
that is hereby designated by the Common Council to administer this
ordinance.
B.
AGRICULTURAL FACILITIES AND PRACTICE — Has
the meaning in § 281.16(1), Stats.
C.
AVERAGE ANNUAL RAINFALL — A calendar year
of precipitation, excluding snow, which is considered typical.
D.
BEST MANAGEMENT PRACTICE or BMP — Structural
or non-structural measures, practices, techniques or devices employed
to avoid or minimize soil, sediment or pollutants carried in runoff
to waters of the state.
E.
BUSINESS DAY — A day the office of the Franklin
City Engineer or other office designated by the Common Council is
routinely and customarily open for business.
F.
CEASE AND DESIST ORDER — A court-issued order
to halt land disturbing construction activity that is being conducted
without the required permit.
G.
CONSTRUCTION SITE — An area upon which one
or more land disturbing construction activities occur, including,
but not limited to areas that are part of a larger common plan of
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.
H.
DIVISION OF LAND — Where the title or part
thereof of land is transferred by the execution of a land contract,
an option-to-purchase, an offer-to-purchase and acceptance, a deed,
a Subdivision Plat, or a Certified Survey Map.
I.
EROSION — The detachment and movement of soil,
sediment or rock fragments by water, wind, ice, or gravity.
J.
EROSION AND SEDIMENT CONTROL PLAN — A comprehensive
plan developed to address pollution caused by erosion and sedimentation
of soil particles or rock fragments during construction.
K.
EXTRATERRITORIAL — The unincorporated area
within three miles of the City of Franklin.
L.
FILL — Earth, clay, soil, ground, or any mixture
or combination of the foregoing. Stones, rocks or broken concrete,
not exceeding 18 inches in diameter, need not be removed from fill,
if not constituting more than 5% of the individual load. At no time
shall stones, rocks, or broken concrete be used in any degree of concentration
as fill, except as aforesaid. No asphalt/bituminous products are allowed
as fill material. Unusable topsoil from grubbing operation(s) cannot
be used for fill.
M.
FINAL STABILIZATION — That all land disturbing
construction activities at the construction site have been completed
and that a uniform perennial vegetative cover has been established,
with a density of at least 70 percent of the cover, for the unpaved
areas and areas not covered by permanent structures, or that employ
equivalent permanent stabilization measures.
N.
GOVERNING BODY — The City of Franklin Common
Council, or as to any other governmental agency, the town board of
supervisors, county board of supervisors, city council, village board
of trustees or village council.
O.
LAND DISTURBING CONSTRUCTION ACTIVITY — Any
man-made alteration of the land surface resulting in a change in the
topography or existing vegetative or non-vegetative soil cover, that
may result in runoff and lead to an increase in soil erosion and movement
of sediment into waters of the state. Land disturbing construction
activity includes clearing and grubbing, demolition, excavating, pit
trench dewatering, filling, and grading activities.
P.
LANDOWNER — Any person holding fee title,
an easement, or other interest in property, which allows the person
to undertake cropping, livestock management, land disturbing construction
activity, or maintenance of storm water BMPs on the property.
Q.
MEP or MAXIMUM EXTENT PRACTICABLE — A level
of implementing best management practices in order to achieve a performance
standard specified in this Division, which takes into account the
best available technology, cost-effectiveness, and other competing
issues such as human safety and welfare, endangered and threatened
resources, historic properties, and geographic features. MEP allows
flexibility in the way to meet the performance standards and may vary
based on the performance standard and site conditions.
R.
PERFORMANCE STANDARD — A narrative or measurable
number specifying the minimum acceptable outcome for a facility or
practice.
S.
PERMIT — A written authorization made by the
City of Franklin to the applicant to conduct land disturbing construction
activity or to discharge post-construction runoff to waters of the
state.
T.
POLLUTANT — Has the meaning given in s. 283.01
(13), Wis. Stats.
U.
POLLUTION — Has the meaning given in s. 281.01
(10), Wis. Stats.
V.
RESPONSIBLE PARTY — Any person or entity holding
fee title to the property or performing services to meet the performance
standards of this ordinance through a contract or other agreement.
W.
RUNOFF — Storm water or precipitation including
rain, snow or ice melt or similar water that moves on the land surface
via sheet or channelized flow.
X.
SEDIMENT — Settleable solid material that
is transported by runoff, suspended within runoff or deposited by
runoff away from its original location.
Y.
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:
Z.
SILVICULTURE ACTIVITY — 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.
AA.
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.
BB.
STOP WORK ORDER — An order issued by the
City of Franklin, which requires that all construction activity on
the site be stopped.
CC.
TECHNICAL STANDARD — A document that specifies
design, predicted performance, and operation and maintenance specifications
for a material, device, or method.
DD.
TRANSPORTATION FACILITY — A highway, a railroad,
a public mass transit facility, a public-use airport, a public trail,
or any other public work for transportation purposes such as harbor
improvements under s. 85.095(1)(b), Wis. Stats. "Transportation facility"
does not include building sites for the construction of public buildings
and buildings that are places of employment that are regulated by
the Department pursuant to s. 281.33, Wis. Stats.
EE.
WATERS OF THE STATE — Has the meaning given
in s. 281.01(18), Wis. Stats.
[Added 6-7-2016 by Ord.
No. 2016-2218]
Maximum extent practicable applies when a person who is subject
to a performance standard of this ordinance demonstrates to the City
Engineer's 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 responsible party 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.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
Design Criteria, Standards, and Specifications.
All BMPs required to comply with this ordinance 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 chapter NR 151, Wis. Adm. Code.
2.
Soil loss prediction tools (such as the Universal
Soil Loss Equation (USLE)) when using an appropriate rainfall or runoff
factor (also referred to as the R factor) or an appropriate design
storm and precipitation distribution, and when considering the geographic
location of the site and the period of disturbance.
Note: The USLE and its successors RUSLE and RUSLE2,
utilize an R factor which has been developed to estimate annual soil
erosion, averaged over extended time periods. The R factor can be
modified to estimate monthly and single-storm erosion.
B.
Other Standards. Other technical standards not identified
or developed in Sub. A. immediately above, may be used provided that
the methods have been approved by the City Engineer or designee.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
Responsible Party. The responsible party shall implement
an erosion and sediment control plan, developed in accordance with
Section 15-8.0307, that incorporates the requirements of this Section.
B.
Plan. A written plan shall be developed in accordance
with Section 15-8.0307 and implemented for each construction site.
Note: The written plan may be that specified within
s. NR 216.46, the erosion control portion of a construction plan or
other plan.
C.
Erosion and Other Pollutant Control Requirements.
The plan required under Sub. B. immediately above, shall include the
following:
1.
For Construction Sites Under One Acre. Erosion and
sediment control practices at each site where land disturbing construction
activity is to occur 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
on-site storm water inlets.
c.
The discharge of sediment from disturbed areas into
adjacent waters of the state.
d.
The discharge of sediment from drainage ways 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 transport by runoff into waters of the state
of chemicals, cement, and other building compounds and materials on
the construction site 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 subdivision.
2.
For Construction Sites of One Acre or More:
a.
Erosion and Sediment Control Practices. Erosion
and sediment control practices at each site where land disturbing
construction activity is to occur shall be used to prevent or reduce
all of the following:
i.
The deposition of soil from being tracked onto streets
by vehicles.
ii.
The discharge of sediment from disturbed areas
into on-site storm water inlets.
iii.
The discharge of sediment from disturbed areas
into adjacent waters of the state.
iv.
The discharge of sediment from drainage ways that
flow off the site.
v.
The discharge of sediment by dewatering activities.
vi.
The discharge of sediment eroding from soil stockpiles
existing for more than seven days.
vii.
The discharge of sediment from erosive flows at
outlets and in downstream channels.
viii.
The transport by runoff into waters of the state
of chemicals, cement, and other building compounds and materials on
the construction site 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 subdivision.
ix.
The transport by runoff into waters of the state
of untreated wash water from vehicle and wheel washing.
b.
Sediment Performance Standards. In addition to the
erosion and sediment control practices under subd. a, the following
erosion and sediment control practices shall be employed:
i.
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.
ii.
No person shall be required to employ more BMPs
than are needed to meet a performance standard in order to comply
with maximum extent practicable. Erosion and sediment control BMPs
may be combined to meet the requirements of this paragraph. Credit
may be given toward meeting the sediment performance standard of this
paragraph for limiting the duration or area, or both, of land disturbing
construction activity, or for other appropriate mechanisms.
iii.
Notwithstanding subd. i, if BMPs cannot be designed
and implemented to meet the sediment performance standard, the erosion
and sediment control 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.
Preventive Measures. The erosion and sediment control
plan shall incorporate all of the following:
i.
Maintenance of existing vegetation, especially adjacent
to surface waters whenever possible.
ii.
Minimization of soil compaction and preservation
of topsoil.
iii.
Minimization of land disturbing construction activity
on slopes of 20% or more.
iv.
Development of spill prevention and response procedures.
3.
Natural Resource Protection Standards. All natural
resource features shall be preserved and protected at all times, pursuant
to the requirements of Part 4 of this Unified Development Ordinance,
which is specifically applied to land disturbance, whether such land
disturbance is independent of, prior to, or associated with any other
development, including, but not limited to, those setting forth any
buffer or setback requirements. Every application for a Construction
Site Erosion Control Permit shall contain a statement that the proposed
land disturbance area is not within 100 feet of a natural resource
feature, if true, which shall be confirmed by the City Engineer or
designee by inspection. Every application for such permit for a land
disturbance within 100 feet of a natural resource feature shall include
the submission by the applicant of a Natural Resource Protection Plan
pursuant to Division 15-7.0200 of this Unified Development Ordinance
or such permit shall not be granted. All defined Protected Natural
Resources will be protected with a double row of silt fence and a
single line of four-foot orange construction fence.
D.
Location. The BMPs used to comply with this section
shall be located prior to runoff entering waters of the state.
Note: While regional treatment facilities are appropriate
for control of post-construction pollutants, they should not be used
for construction site sediment removal.
E.
Implementation. The BMPs used to comply with this
section shall be implemented as follows:
1.
Erosion and sediment control practices shall be
constructed or installed before land disturbing construction activities
begin.
2.
Erosion and sediment control practices shall be
maintained until final stabilization.
3.
Final stabilization activity shall commence when
land disturbing activities cease and final grade has been reached
on any portion of the site.
4.
Temporary stabilization activity shall commence
when land disturbing activities have temporarily ceased and will not
resume for a period exceeding 14 calendar days.
5.
BMPs that are no longer necessary for erosion and
sediment control, including but not limited to silt fence, shall be
removed and the site restored by the responsible party.
F.
Alternate Requirements. The City of Franklin may
establish storm water management requirements more stringent than
those set forth in this Section if the City Engineer or designee determines
that an added level of protection is needed for sensitive resources.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
Permit Required. No responsible party, landowner,
occupant, land user, person, or entity may commence, continue, and
no responsible party, landowner, or occupant may suffer or allow to
continue, a land disturbing construction activity subject to this
Division, without receiving prior approval of a control plan for the
site and a Construction Site Erosion Control Permit, from the City
Engineer or designee, excepting when the disturbance or activity is
made under a single family home building permit or other development
approval which provides the control measures required under this Division,
i.e., Subdivision Development Agreement, Special Use Resolution, and
the like. Any person or entity desiring to undertake a land disturbing
construction activity subject to this Division shall obtain the submission
of an application for a Construction Site Erosion Control Permit,
together with a control plan, and pay an application fee. Notwithstanding
the foregoing, land disturbing activities may be permitted under a
Construction Site Erosion Control Permit without the prior approval
of a control plan, for an Adverse Drainage Impacting land disturbing
construction activity for which an erosion and sediment control plan
statement is required in lieu thereof, under Section 15-8.0307B. of
this Division, and for a Class 1 (as described below) application;
in lieu of a control plan, a Class 1 applicant may submit a plat of
survey depicting the area and describing any volume of and the nature
of the land disturbing construction activity, and the restoration
to be performed, if any, together with such other information as reasonably
required by the City Engineer or designee to further the purposes
and intent of this Division.
Note: The application fee shall be included in the fee
for building permits and other applicable development approvals, where
constituting the exception set forth above.
B.
Permit Application and Fees. An application for
a Construction Site Erosion Control Permit shall be signed by the
owner of the land involved, as a responsible party, together with
the person applying for the permit, if other than the owner, who shall
also be a responsible party by reason of such application. The applicant
shall also pay an application fee at the time of filing the application.
There shall be three classes of applications for the setting of application
fees and in part, for applying the control plan requirements. A Class
1 application is an application involving land disturbing construction
activities upon a construction site of 1/4 acre up to 1/2 acre or
supporting 25 cubic yards up to 100 cubic yards of fill or excavation
activities, for which the application fee is $50.00. A Class 2 application
is an application involving land disturbing construction activities
upon a construction site of 1/2 acre up to two acres or supporting
100 cubic yards up to 500 cubic yards of fill or excavation activities,
any land disturbing construction activity Supporting or Adjoining
Natural Resource Features, and any Adverse Drainage Impacting land
disturbing construction activity, for which the application fee is
$100.00. A Class 3 application is an application involving land disturbing
construction activities upon a construction site of two or more acres
or supporting 500 or more cubic yards of fill or excavation activities,
for which the application fee is $250.00, plus an additional $50.00
for each 500 cubic yards or portion thereof in addition to the base
500 cubic yards. The application shall accurately describe the construction
site area and the type of land disturbing construction activity applied
for, shall provide the tax key number(s) and available address(es)
of property upon which the site is located, and the volume by cubic
yards of any filling or excavation activities. In all other respects,
the application shall provide for and contain such information as
may be reasonably required by the City Engineer or designee, to further
the purpose and intent of this Division. An application fee for land
disturbing construction activity commenced prior to the issuance of
a permit and applicable approval of a control plan shall be doubled.
By submitting an application, the applicant is authorizing the City
Engineer or 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 City
Engineer or 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.
If the permit application and plan are approved,
the City Engineer or designee shall issue the permit.
2.
If the permit application or plan is disapproved,
the City Engineer or designee shall state in writing the reasons for
disapproval.
3.
The City Engineer or designee may request additional
information from the applicant.
D.
Surety Bond. As a condition of approval and issuance
of the permit, the City Engineer or designee may require the applicant
to deposit a surety bond or irrevocable letter of credit to guarantee
a good faith execution of the approved erosion control plan and any
permit conditions.
E.
Permit Requirements. All permits shall require the
responsible party to:
1.
Notify the City Engineer or designee within 48 hours
of commencing any land disturbing activity.
2.
Notify the City Engineer or designee of the completion
of installation of any control measures within three days after their
installation.
3.
Obtain permission in writing from the City Engineer
or designee prior to modifying the control plan.
4.
Install all control measures as identified in the
approved control plan.
5.
Maintain all road drainage systems, storm water
drainage systems, control measures, and other facilities identified
in the control plan and document repairs in a site erosion control
log.
6.
Repair any siltation or erosion damage to adjoining
surfaces and drainage ways resulting from land developing or disturbing
activities and document repairs in a site erosion control log.
7.
Inspect the construction control measures after
each rain of 0.5 inches or more and at least once each week and make
needed repairs and undertake such other or additional inspecting and
activities as recommended in the Storm Water Construction Technical
Standards prepared by the Wisconsin Department of Natural Resources.
8.
Conduct any filling activity so that at the end
of each day the surface shall be graded to drain and be free from
broken concrete and relatively free from gravel, and that the upper
four inches thereof shall be of soil suitable for growing grass. The
surface of said filling shall be kept free from dust at all times
during the filling activity and thereafter.
9.
Allow the City Engineer and/or designee and/or City
representatives to enter the site for the purpose of inspecting compliance
with the control plan or for performing any work necessary to bring
the site into compliance with the control plan.
10.
Keep a copy of the control plan on the site.
F.
Permit Conditions. Permits issued under this Section
may include conditions established by the City Engineer or designee,
in addition to the requirements set forth in Sub. E. above, where
reasonably necessary to assure compliance with the performance standards
in Section 15-8.0305.
G.
Permit Duration. Permits shall be valid for a period
of one year unless otherwise shown on the permit, or the length of
the building permit or other construction authorizations, whichever
are longer, from the date of issuance. The City Engineer or designee
may extend the period one or more times for up to an additional 180
days. The City Engineer or designee may require additional control
measures as a condition of the extension if they are necessary to
meet the requirements of this Division.
H.
Maintenance. All sedimentation basins and all other
control measures required by this Division shall be maintained by
the land owner, land occupant, and all persons and entities performing
development activities upon or adjacent or near the property upon
which the control measures are installed in a manner to ensure their
intended performance and to prevent nuisance conditions, during the
period of land disturbance and land development of the site, and thereafter
for control measures intended to perform thereafter for an extended
period of time or permanently.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
Erosion and Sediment Control Plan.
1.
An erosion and sediment control plan shall be prepared
and submitted to the City Engineer or designee.
2.
The erosion and sediment control plan shall be designed
to meet the performance standards in Section 15-8.0305 and other requirements
of this ordinance.
3.
The erosion and sediment control plan shall address
pollution caused by soil erosion and sedimentation during construction
and up to final stabilization of the site. The erosion and sediment
control plan shall include, at a minimum, the following items:
a.
The name(s) and address(es) of the owner or developer
of the site, and of any consulting firm retained by the applicant,
together with the name of the applicant's principal contact at such
firm. The application shall also include start and end dates for construction.
b.
Description of the site and the nature of the construction
activity, including representation of the limits of land disturbance
on a United States Geological Service 7.5 minute series topographic
map.
c.
A sequence of construction of the development site,
including stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas
of clearing, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation.
d.
Estimates of the total area of the site and the
total area of the site that is expected to be disturbed by construction
activities.
e.
Estimates, including calculations, if any, of the
runoff coefficient of the site before and after construction activities
are completed.
f.
Calculations to show the expected percent reduction
in the average annual sediment load carried in runoff as compared
to no sediment or erosion controls.
g.
Existing data describing the surface soil as well
as sub soils.
h.
Depth to groundwater, as indicated by Natural Resources
Conservation Service soil information where available.
i.
Name of the immediate named receiving water from
the United States Geological Service 7.5 minute series topographic
maps.
j.
Calculations to show compliance with the performance
standard in Section 15-8.0305.
4.
The erosion and sediment control plan shall include
a site map. The site map shall include the following items and shall
be at a scale not greater than 100 feet per inch and at a contour
interval not to exceed two feet.
a.
Existing topography, vegetative cover, natural and
engineered drainage systems, roads and surface waters. Lakes, ponds,
streams, wetlands, channels, ditches, and other watercourses on and
immediately adjacent to the site shall be shown. Any identified 100-year
flood plains, flood fringes and floodways shall also be shown.
b.
Boundaries of the construction site.
c.
Drainage patterns and approximate slopes anticipated
after major grading activities.
d.
Areas of soil disturbance.
e.
Locations and dimensions of all temporary soil or
dirt stockpiles and areas where construction equipment will be stored
on site.
f.
Location of major structural and non-structural
controls identified in the plan.
g.
Location of areas where stabilization practices
will be employed.
h.
Areas which will be vegetated following construction.
i.
Areal extent of wetland acreage on the site and
locations where storm water is discharged to a surface water or wetland.
j.
Locations of all surface waters and wetlands within
one mile of the construction site.
k.
An alphanumeric or equivalent grid overlying the
entire construction site map.
5.
Each erosion and sediment control plan shall include
a description of appropriate controls and measures that will be performed
at the site to prevent pollutants from reaching waters of the state.
The plan shall clearly describe the appropriate control measures for
each major activity and the timing during the construction process
that the measures will be implemented. The description of erosion
controls shall include, when appropriate, the following minimum requirements:
a.
Description of interim and permanent stabilization
practices, including a practice implementation schedule. Site plans
shall ensure that existing vegetation is preserved where attainable
and that disturbed portions of the site are stabilized.
b.
Description of structural practices to divert flow
away from exposed soils, store flows, or otherwise limit runoff and
the discharge of pollutants from the site. Unless otherwise specifically
approved in writing by the City Engineer or designee, structural measures
shall be installed on upland soils.
c.
Management of overland flow at all sites, unless
otherwise controlled by outfall controls.
d.
Trapping of sediment in channelized flow.
e.
Staging construction to limit bare areas subject
to erosion.
f.
Protection of down slope drainage inlets where they
occur.
g.
Minimization of tracking at all sites.
h.
Clean up of off-site sediment deposits.
i.
Proper disposal of building and waste materials
at all sites.
j.
Stabilization of drainage ways.
k.
Control of soil erosion from dirt stockpiles.
l.
Installation of permanent stabilization practices
as soon as possible after final grading.
m.
Minimization of dust to the maximum extent practicable.
6.
The erosion and sediment control plan shall require
that velocity dissipation devices be placed at discharge locations
and along the length of any outfall channel, as necessary, to provide
a non-erosive flow from the structure to a water course so that the
natural physical and biological characteristics and functions are
maintained and protected.
Note: The plan requirements of this subsection will
meet the erosion control plan requirements of s. NR 216.46, Wis. Adm.
Code, when prepared in accordance with good engineering practices
and the design criteria, standards, and specifications outlined in
the Storm Water Construction Technical Standards prepared by the Wisconsin
Department of Natural Resources.
B.
Erosion and Sediment Control Plan Statement. For
each construction site identified under Section 15-8.0302(A)(7), an
erosion and sediment control plan statement shall be prepared. This
statement shall be submitted to the City Engineer or designee. The
control plan statement shall briefly describe the site, including
a site map. Further, it shall also include the best management practices
that will be used to meet the requirements of the ordinance, including
the site development schedule.
C.
Amendments. The applicant shall amend the plan if
any of the following occur:
1.
There is a change in design, construction, operation,
or maintenance at the site which has the reasonable potential for
the discharge of pollutants to waters of the state 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 City Engineer or designee notifies the applicant
of changes needed in the plan.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
The fees referred to in other sections of this Division shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in the office of the
City Clerk.
[Amended 6-7-2016 by Ord.
No. 2016-2218]
A.
Inspection. The City Engineer or designee and such
City representatives as may be designated by the Common Council may
inspect land disturbing construction activity sites as often as necessary
to ensure compliance with the control plan. If land disturbing or
land development activities are being carried out without a permit,
the City Engineer or designee shall enter the land by permission of
the landowner or pursuant to the provisions of § 66.0119(1),
(2) and (3), Wis. Stats.
B.
Enforcement. Enforcement of this Division shall
be accomplished as follows:
1.
The City Engineer or designee may post a stop-work
order on all building, construction, land disturbing, or land development
activities if:
2.
If the responsible party or any other person or
entity performing or suffering the activity does not cease the activity
or comply with the control plan or permit conditions forthwith, the
City Engineer or designee may revoke the permit.
3.
If the landowner or land user or any other person
or entity performing or suffering the activity, where no permit has
been issued, does not cease the activity forthwith, the City Engineer
or designee may request the City Attorney to obtain a cease and desist
order.
4.
In addition to the foregoing provisions of this
Subsection, this Division may be enforced by way of injunction, the
imposition of forfeitures and other available relief pursuant to Division
9.0500 of this Ordinance and the undertaking by the City to cure any
defects or complete any plans or measures, with the costs thereof
to be assessed against the property owner and entered upon the tax
roll pursuant to the procedures for a special charge under § 66.0627,
Stats. It shall not be necessary to prosecute for forfeiture or a
cease and desist order before resorting to injunctional proceedings.
Any violation of this Division is hereby declared to be a public nuisance.
5.
In addition to the foregoing provisions of this
Subsection, any person violating any of the provisions of this ordinance
shall be subject to the penalty provisions set forth under § 15-9.0502
of the Unified Development Ordinance.
A.
Board of Zoning and Building Appeals. The Board
of Zoning and Building Appeals:
1.
Shall hear and decide appeals where it is alleged
that there is error in any order, decision or determination made by
the City Engineer or designee in administering this ordinance except
for cease and desist orders obtained.
2.
Upon appeal, may authorize variances from the provisions
of this ordinance which are not contrary to the public interest and
where owing to special conditions a literal enforcement of the provisions
of the ordinance 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 Board of Zoning and
Building Appeals may be taken by any aggrieved person or by any office,
department, board, or bureau of the City of Franklin affected by any
decision of the City Engineer or designee.
