Village of Suamico, WI Construction Site Erosion Control Zoning

A construction site, which has 50 linear feet or greater of land disturbance to a highway, street, driveway, swale, ditch, waters of the state, wetland, protective area, or other non-agricultural drainage facility which conveys concentrated flow. Wetlands shall be delineated in accordance with S. NR 103.08(1m).

(b)

This chapter does not apply to the following:

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.

Nonpoint Discharges from Agricultural Activity Areas.

Nonpoint Discharges from silviculture activities.

Roadway milling operations.

(c)

Notwithstanding the applicability requirements in Paragraph (a), this chapter applies to construction sites of any size that, in the opinion of the Director, 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.

(2)

Jurisdiction. This chapter applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the Village.

(3)

Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1), but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2).

§ 10.06 Technical Standards.

(1)

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:

(a)

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.

(b)

Technical standards and other guidance identified within the Village Stormwater Reference Guide.[1]

[1]

Editor's Note: The Stormwater Reference Guide is included as an attachment to this chapter.

(c)

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.

(2)

Other Standards. Other technical standards not identified or developed in Sub. (1), may be used provided that the methods have been approved by the Director.

§ 10.07 Performance Standards.

(1)

Responsible Party. The responsible party shall implement an-erosion and sediment control plan developed in accordance with Section 10.09 that incorporates the requirements of this section.

(2)

Plan. A written erosion and sediment control plan shall be developed in accordance with Section 10.09 and implemented for each construction site.

(3)

Requirements. The erosion and sediment control plan required shall meet the following minimum requirements to the maximum extent practicable:

(a)

BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the construction site as follows.

For construction sites with one acre or greater of land disturbing construction activity, BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization. No person shall be required to exceed sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. 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 Village Stormwater Reference Guide. These sites are not required to satisfy a numeric performance standard.

(b)

Notwithstanding Par. (a), if BMPs cannot be designed and implemented to reduce the sediment load, on an average annual basis, the plan shall include a written and site-specific explanation as to why the reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.

(c)

Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:

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

The discharge of sediment from disturbed areas into on-site storm water inlets.

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

The discharge of sediment from drainage ways that flow off the site.

The discharge of sediment by dewatering activities.

The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

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

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.

The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

(d)

The erosion and sediment control plan shall incorporate all the following:

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

Minimization of soil compaction and preservation of topsoil.

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

Development of spill prevention and response procedures.

(4)

Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.

(5)

Alternate Requirements. The Director may establish requirements more stringent than those set forth in this section if the Director determines that an added level of protection is needed for sensitive resources.

§ 10.08 Permitting Requirements, Procedures, and Fees.

(1)

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.

(2)

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 Section 10.09 and shall pay an application fee to the Director. By submitting an application, the applicant is authorizing the Director to enter the site to obtain information required for the review of the erosion and sediment control plan. Fees shall be set from time to time by resolution by the Board.

(3)

Review and Approval of Permit Application. The Director 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:

(a)

Within 10 business days of the receipt of a complete permit application, as required by Sub. (2), the Director shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.

(b)

If the permit application and plan are approved, the Director shall issue the permit.

(c)

If the permit application or plan is disapproved, the Director shall state in writing the reasons for disapproval.

(d)

The Director may request additional information from the applicant. If additional information is submitted, the Director shall have 10 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.

(e)

Failure by the Director to inform the permit applicant of a decision within 10 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.

(f)

Any decision of the Director may be appealed by written request by the applicant to the Village Board of Appeals pursuant to Section 18.24(3). Said written notice of appeal must be filed with the Board of Appeals within 30 days of the Director's decision or be barred.

(4)

Financial Guarantee. As a condition of approval and issuance of the permit, the Director 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.

(5)

Permit Requirements. All permits shall require the responsible party to:

(a)

Notify the Director within 48 hours of commencing any land disturbing construction activity.

(b)

Obtain permission in writing from the Director prior to any modification pursuant to Section 10.09(3) of the erosion and sediment control plan.

(c)

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

(d)

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

(e)

Immediately repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in weekly inspection reports.

(f)

Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of a half 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.

(g)

Allow the Director 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.

(h)

The permit applicant shall post the "Certificate of Permit Coverage" in a conspicuous location at the construction site.

(6)

Permit Conditions. Permits issued under this section may include conditions established by Director in addition to the requirements set forth in Sub. (5), where needed to assure compliance with the performance standards in Section 10.07.

(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 may extend the period one or more times for up to an additional 180 days. The Director may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.

(8)

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

§ 10.09 Erosion and Sediment Control Plan, Statement, and Amendments.

(1)

Plan Requirements. The erosion and sediment control plan required under Section 10.07(2) shall comply with the Village Stormwater Reference Guide and contain at a minimum the following information:

(a)

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

(b)

A legal description of the property proposed to be developed.

(c)

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

(d)

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

(e)

Performance standards applicable to site.

(f)

Proposed best management practices.

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

The discharge of sediment from disturbed areas into on-site storm water inlets.

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

The discharge of sediment from drainage ways that flow off the site.

The discharge of sediment by dewatering activities.

The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

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

The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

(2)

Erosion and Sediment Control Plan Statement. For each construction site identified under Section 10.05(1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director. 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 chapter, including the site development schedule.

(3)

Amendments. The applicant shall amend the plan if any of the following occur:

(a)

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.

(b)

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

(c)

The Director notifies the applicant of changes needed in the plan.

§ 10.10 Inspection.

If land disturbing construction activities are being carried out without a permit required by this chapter, the Director may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1), (2), and (3).