[HISTORY: Adopted by the City Council of the City of Two Rivers effective 10-11-2008 (Title 4, Ch. 5, of the 1981 Code). Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relates to construction site erosion control, except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this chapter and to any amendments to this chapter.
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
The City Council hereby designates the Director of Public Works to administer and enforce the provisions of this chapter.
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The City Council finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in City of Two Rivers.
It is the purpose of this chapter 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 City of Two Rivers.
This chapter applies to the following land-disturbing construction activities, except as provided under Subsection A(2):
A construction site which has 4,000 square feet or greater of land-disturbing construction activity.
A construction site which has 100 cubic yards or greater of excavation volume, filling volume, or some combination of excavation and filling volume.
A construction site which has 100 linear feet or greater of land disturbance to a highway, street, driveway, swale, ditch, waters of the state, wetland, protective area, or other nonagricultural drainage facility which conveys concentrated flow. Wetlands shall be delineated in accordance with § NR 103.08(1m), Wis. Adm. Code.
This chapter does not apply to the following:
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.
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 40 CFR Part 122 for land-disturbing construction activity.
Nonpoint discharges from agricultural activity areas.
Nonpoint discharges from silviculture activities.
Mill and crush operations.
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the Director of Public Works, 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 of particulate matter or that endangers property or public safety.
Jurisdiction. This chapter applies to land-disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City of Two Rivers.
Exclusions. This chapter 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 chapter, the following terms shall have the meanings indicated:
- ADMINISTERING AUTHORITY
- A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City Council to administer this chapter.
- 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 the 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.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical. For purposes of this chapter, average annual rainfall means measured precipitation in Green Bay, Wisconsin, between March 29 and November 25, 1969.
- 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 Director of Public Works is routinely and customarily open for business.
- CEASE OR 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.
- Residential, commercial, industrial, institutional, or other land uses and associated roads.
- 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.
- 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
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- 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 that employ equivalent permanent stabilization measures.
- GOVERNING BODY
- The City Council.
- 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 sediment into 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
- A level of implementing best management practices in order to achieve a performance standard specified in this chapter 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.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- A written authorization made by the Director of Public Works to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
- Has the meaning given in § 283.01(13), Wis. Stats.
- Has the meaning given in § 281.01(14), Wis. Stats.
- PROTECTIVE AREA
- See § 4-6-7C(4) of Chapter 4-6, Municipal Separate Storm Sewer System - Post-Construction Stormwater Management.
- RESPONSIBLE PARTY
- Any entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.
- Stormwater or precipitation, including rain, snow or ice melt, or similar water that moves on the land surface via sheet or channelized flow.
- 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, construction channels or storm drains, which meets all of the following criteria:
- 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 Public Works which requires that all construction activity on the site be stopped.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(20), Wis. Stats.
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:
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.
Technical standards and other guidance identified within the City of Two Rivers Stormwater Reference Guide.
For 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.
Discharges directly or indirectly to waters of the state.
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 Public Works or circumstances shall be held invalid. Such invalidity shall not affect the other provisions or application of this chapter.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 4-5-9, that incorporates the requirements of this section.
Plan. A written erosion and sediment control plan shall be developed in accordance with § 4-5-9 and implemented for each construction site. Note to users: The written plan may be that specified within § NR 216.46, Wis. Adm. Code, the erosion control portion of a construction plan or other plan.
Requirements. The erosion and sediment control plan shall meet the following minimum requirements to the maximum extent practicable:
BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff form the construction site as follows:
For construction sites with one acre or greater of land-disturbing construction activity, reduce the total suspended solids load by 80%, on an average annual basis, as compared with no sediment or erosion controls, until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this subsection. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
For construction sites with less than one acre of land-disturbing construction activity, reduce the total suspended solids load using BMPs from the City of Two Rivers Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard. Note to Users: Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in Subchapter V of Ch. NR 151, Wis. Adm. Code, may be used to calculate sediment reduction.
Notwithstanding Subsection C(1)(a) above, if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation as to why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
Alternate requirements. The Director of Public Works may establish requirements more stringent than those set forth in this section if the Director of Public Works determines that an added level of protection is needed for sensitive resources.
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director of Public Works.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 4-5-9 and shall pay an application fee per § 4-5-10 to the Director of Public Works. By submitting an application, the applicant is authorizing the Director of Public Works to enter the site to obtain information required for the review of the erosion and sediment control plan.
Review and approval of permit application. The Director of Public Works 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:
Within 30 business days of the receipt of a complete permit application as required by Subsection B, the Director of Public Works shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
If the permit application and plan are approved, the Director of Public Works shall issue the permit.
If the permit application or plan is disapproved, the Director of Public Works shall state in writing the reasons for disapproval.
The Director of Public Works may request additional information from the applicant. If additional information is submitted, the Director of Public Works shall have 30 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Failure by the Director of Public Works to inform the permit applicant of a decision within 30 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.
Surety bond. As a condition of approval and issuance of the permit, the Director of Public Works 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 control plan and any permit conditions.
Permit requirements. All permits shall require the responsible party to:
Notify the Director of Public Works within 48 hours of commencing any land-disturbing construction activity.
Notify the Director of Public Works of completion of any BMPs within 10 business days after their installation.
Obtain permission, in writing, from the Director of Public Works prior to any modification, pursuant to § 4-5-9C, of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in weekly inspection reports.
Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of 0.5 inches 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.
Allow the Director of Public Works 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.
The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.
Permit conditions. Permits issued under this section may include conditions established by the Director of Public Works in addition to the requirements set forth in Subsection E where needed to assure compliance with the performance standards in § 4-5-7.
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 Public Works may extend the period one or more times for up to an additional 180 days. The Director of Public Works may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
Maintenance. The responsible party throughout the duration of the constriction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
Alternate requirements. The Director of Public Works may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.
Plan requirements. The erosion and sediment control plan required under § 4-5-7B shall comply with the City of Two Rivers Stormwater Reference Guide and contain at a minimum the following information:
Name, address, and telephone number of the landowner and responsible parties.
A legal description of the property proposed to be developed.
A site map with property lines, disturbed limits, and drainage patterns.
Total area of the site and total area of the construction site that is expected to be disturbed by construction activities.
Performance standards applicable to site proposed best management practices.
Erosion and sediment control plan statement. For each construction site identified under § 4-5-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works. 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 this chapter, including the site development schedule.
Amendments. The applicant shall amend the plan if any of the following occur:
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.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The Director of Public Works notifies the applicant of changes needed in the plan.
Alternate requirements. The Director of Public Works may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.
The fees referred to in other sections of this chapter shall be established by resolution of the City Council and may from time to time be modified by resolution. A schedule of the fees established by the City Council shall be available for review in § 1-2-1 of the Code of Ordinances of the City of Two Rivers.
If land-disturbing construction activities are being carried out without a permit required by this chapter, the Director of Public works may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
The Director of Public Works may post a stop-work order if any of the following occurs:
Any land-disturbing construction activity regulated under this chapter is being undertaken without a permit.
The erosion and sediment control plan is not being implemented in a good-faith manner.
The conditions of the permit are not being met. Note to users: The Director of Public Works should inspect any construction site that holds a permit under this chapter at least once a month during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan.
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 Public Works may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public Works, or if a responsible party violates a stop-work order posted under Subsection A, the Director of Public Works may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
After posting a stop-work order under Subsection A, the Director of Public Works may issue a notice of intent to the responsible party of his/her intent to perform work necessary to comply with this chapter. The Director of Public Works may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Director of Public Works, plus interest at the rate authorized by City Council, shall be billed to the responsible party to recover 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.
Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $25 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease or desist order before resorting to injunctional proceedings.
Board of Appeals. The Board of Appeals created pursuant to § 2-5-2 of the City Code of Ordinances pursuant to § 62.23(7)(e), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works in administering this chapter except for cease and desist orders obtained under § 4-5-12C;
Upon appeal, may authorize variances from the provisions of this chapter which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Two Rivers affected by any decision of the Director of Public Works.
If a court of competent jurisdiction judges any section, clause, provision or portion of this chapter unconstitutional or invalid, the remainder of this chapter shall remain in force and not be affected by such judgment.
This chapter shall be effective as of October 11, 2008.