[HISTORY: Adopted by the Village Board of the Village of
Grafton 3-21-2016 by Ord. No. 004-2016; amended in its entirety 9-21-2020 by Ord. No. 013-2020. Subsequent amendments noted where applicable.]
A.
This chapter is adopted under the authority granted by § 61.354,
Wis. Stats. This chapter supersedes all provisions of an ordinance
previously enacted under § 61.35, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 61.354, Wis. Stats., § 61.35, Wis. Stats.,
applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Village Board hereby designates the Building Inspector or designee
to administer and enforce the provisions of this chapter.
D.
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
1.
Wisconsin Department of Natural Resources administrative rules,
permits or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
2.
Targeted nonagricultural performance standards promulgated in
rules by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The Village Board finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the Village of Grafton.
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 Village of Grafton.
A.
Applicability. This chapter applies to land-disturbing construction
activities except as provided under Subsection A.1.
1.
This chapter does not apply to the following:
a.
Transportation facilities, except transportation facility construction
projects that are part of a larger common plan of development, such
as local roads within a residential or industrial development.
Note to permittees: Transportation facility projects directed
and supervised by Wisconsin Department of Transportation are not subject
to this chapter. Notwithstanding this chapter, a municipality is required
to comply with the construction site transportation facility performance
standards in Subch. IV of Ch. NR 151, Wis. Adm. Code, for its own
transportation-related projects.
b.
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.
c.
Nonpoint discharges from agricultural facilities and practices.
d.
Nonpoint discharges from silviculture activities.
e.
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.
2.
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/Village 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 of particulate matter, or that endangers property
or public safety.
B.
Jurisdiction. This chapter applies to land-disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village of Grafton.
C.
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:
A governmental employee or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this chapter.
Has the meaning in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
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.
A day that the office of the Village of Grafton is routinely
and customarily open for business.
A court-issued order to halt land-disturbing construction
activity that is being conducted without the required permit.
An area upon which one or more land-disturbing construction
activities occur, including 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.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency
and total depth of rainfall.
The creation from one parcel of five or more parcels or building
sites of 1 1/2 or fewer acres each in area 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.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
The unincorporated area within 1 1/2 miles of the corporate
limits of the Village of Grafton.
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% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
Village Board of Trustees.
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.
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
stormwater BMPs on the property.
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.
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/Village
Engineer or designee 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(10), Wis. Stats.
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.
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:
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.
The entire area included in the legal description of the
land on which the land-disturbing construction activity is proposed
in the permit application.
An order issued by the Director of Public Works/Village Engineer
or designee, which requires that all construction activity on the
site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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 § 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 § 281.33,
Wis. Stats.
Has the meaning given in § 281.01(18), Wis. Stats.
"Maximum extent practicable" applies when a person who is subject
to a performance standard of this chapter demonstrates to the Village
of Grafton'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.
A.
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:
1.
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Publication WR-222, November 1993 Revision.
2.
Other design guidance and technical standards identified or
developed by the Wisconsin Department of Natural Resources under Subch.
V of Ch. NR 151, Wis. Adm. Code.
3.
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 an MSE3 distribution,
with consideration given to the geographic location of the site and
the period of disturbance.
4.
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 to permittees: 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.
A.
Responsible party. The responsible party shall comply with this section.
B.
Erosion control permit application checklist. The checklist shall
be submitted and approved by the Village Building Inspector or designee
prior to commencement of any land-disturbing activity. The checklist
can be found on the Village website and at the Grafton Village Hall.
C.
Erosion control practices and management strategies. The plan required under Subsection B shall include the following:
1.
Provide a completed site diagram as provided on the erosion
control plan permit application checklists or a separate site plan.
The location of the following erosion control practices and management
strategies are required to be documented on the site diagram or separate
site plan:
a.
Temporary storage piles shall be located behind a sediment fence,
a minimum ten-foot-wide vegetative strip, or shall be covered with
a tarp more than 25 feet from any downslope road or drainageway.
b.
Access drives with two- to three-inch aggregate stone laid at
least seven feet wide and six inches thick. Drives should extend from
the roadway 50 feet or to the house/building foundation (whichever
is less).
c.
Sediment controls (filter fabric fence, straw bale fence, or
ten-foot-wide vegetative strip) that will prevent eroded soil from
leaving the site.
d.
Sediment barriers around on-site storm sewer inlets.
e.
Protection of steep slopes (greater than 12% grade). Practices
include maintaining existing vegetation, placement of additional sediment
fences, diversions, and revegetation by sodding or seeding with use
of erosion control mats.
D.
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
shall be removed by the responsible party.
E.
Maintenance. The BMPs used to comply with this section shall be maintained
as follows:
1.
Sediment will be removed from behind sediment fences and barriers
before it reaches a depth that is equal to half the height of the
barrier.
2.
Breaks and gaps in sediment fences and barriers will be repaired
immediately.
3.
Decomposing straw bales will be replaced (typical bale life
is three months).
4.
All sediment that moves off-site due to construction activity
will be cleaned up before the end of the same workday.
5.
All sediment that moves off-site due to storm events will be
cleaned up before the end of the next workday.
6.
Access drives will be maintained throughout construction.
7.
All installed erosion control practices will be maintained until
the ground is stabilized.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 23.04.100, that incorporates the requirements of this section.
B.
Erosion and sediment control plan. A written plan shall be developed in accordance with § 23.04.100 and implemented for each construction site. The plan shall be approved by the Director of Public Works/Village Engineer or designee prior to commencement of any land disturbing activity.
C.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
1.
BMPs that, by design, achieve to the maximum extent practicable
discharge of no more than five tons per acre per year of the sediment
load carried in runoff, 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 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.
2.
Notwithstanding Subsection C.1, if BMPs cannot be designed and
implemented to meet the sediment performance standard, on an average
annual basis, the plan shall include a written and site-specific explanation
as to why the sediment performance standard is not attainable, and
the sediment load shall be reduced to the maximum extent practicable.
3.
Where appropriate, the plan shall include sediment controls
to do all of the following to the maximum extent practicable:
a.
Prevent tracking of sediment from the construction site onto
roads and other paved surfaces.
b.
Prevent the discharge of sediment as part of site dewatering.
c.
Protect the separate storm drain inlet structure from receiving
sediment.
d.
The discharge of sediment from disturbed areas into adjacent
waters of the state.
e.
The discharge of sediment from drainageways that flow off the
site.
f.
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
g.
The discharge of sediment from erosive flows at outlets and
in downstream channels.
h.
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 subsection.
i.
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
4.
The use, storage and disposal of chemicals, cement and other
compounds and materials used on the construction site shall be managed
during the construction period to prevent their entrance into waters
of the state. 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 subsection.
D.
Preventive measures. The erosion and sediment control plan shall
incorporate all of the following:
1.
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
2.
Minimization of soil compaction and preservation of topsoil.
3.
Minimization of land-disturbing construction activity on slopes
of 20% or more.
4.
Development of spill prevention and response procedures.
E.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
F.
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 in accordance with the erosion and sediment control plan developed in § 23.04.100.
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 stablization 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
shall be removed by the responsible party.
G.
Alternate requirements. The Director of Public Works/Village Engineer
or designee may establish erosion and sediment control requirements
more stringent than those set forth in this section if the Director
of Public Works/Village Engineer or designee determines that an added
level of protection is needed for sensitive resources.
A.
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this chapter without receiving prior
approval of a developer's agreement, erosion and sediment control
plan for the site and a permit from the Director of Public Works/Village
Engineer or designee.
B.
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 either the erosion control plan permit application checklist or an erosion and sediment control plan that meets the requirements of § 23.04.100, an approved developer's agreement and shall pay an application fee to the Village of Grafton. By submitting an application, the applicant is authorizing the Director of Public Works/Village Engineer or designee to enter the site to obtain information required for the review of the application. The erosion control permit application fee amounts shall be established by the Village Board and may from time to time be modified. Current fee schedules are listed on the erosion control permit application available on the Village's website or at the Building Inspections office.
C.
Review and approval of permit application. The Director of Public
Works/Village Engineer or designee shall review any permit application
that is submitted with an erosion and sediment control plan, the required
fee, and after the developer's agreement is approved by the Village
Board. The following approval procedure shall be used:
1.
Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the Director of Public Works/Village Engineer or designee shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
2.
If the permit application and plan are approved, the Director
of Public Works/Village Engineer or designee shall issue the permit.
3.
If the permit application or plan is disapproved, the Director
of Public Works/Village Engineer or designee shall state in writing
the reasons for disapproval.
4.
The Director of Public Works/Village Engineer or designee may
request additional information from the applicant. If additional information
is submitted, the Director of Public Works/Village Engineer or designee
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.
5.
Failure by the Director of Public Works/Village Engineer or
designee to inform the permit applicant of a decision within 15 business
days of a required submittal shall be deemed to mean approval of the
submittal, and the applicant may proceed as if a permit had been issued.
D.
Surety bond. As a condition of approval and issuance of the permit,
the Director of Public Works/Village 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 Director of Public Works/Village Engineer within
48 hours of commencing any land-disturbing construction activity.
2.
Notify the Director of Public Works/Village Engineer of completion
of any BMPs within 14 days after their installation.
3.
Obtain permission in writing from the Director of Public Works/Village Engineer or designee prior to any modification, pursuant to § 23.01.080D.5, of the erosion and sediment control plan.
4.
Install all BMPs as identified in the approved erosion and sediment
control plan.
5.
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
6.
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land-disturbing construction activities,
and document repairs in a site erosion control log.
7.
Inspect the BMPs within 24 hours after each rain of 0.5 inch
or more which results in runoff during active construction periods
and at least once each week; make needed repairs and document the
findings of the inspections in a site erosion control log with the
date of inspection, the name of the person conducting the inspection,
and a description of the present phase of the construction at the
site.
8.
Allow the Director of Public Works/Village Engineer or designee
to enter the site for the purpose of inspecting compliance with the
erosion and sediment control plan or for performing any work necessary
to bring the site into compliance with the control plan. Keep a copy
of the erosion and sediment control plan at the construction site.
G.
Permit duration. Permits issued under this section shall be valid
for a period of 180 days or the length of the building permit or other
construction authorizations, whichever is longer, from the date of
issuance. The Director of Public Works/Village Engineer or designee
may extend the period one or more times for up to an additional 180
days. The Director of Public Works/Village Engineer or designee may
require additional BMPs as a condition of the extension if they are
necessary to meet the requirements of this chapter.
H.
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.
A.
Erosion control plan permit application checklist.
1.
An erosion and sediment control permit application checklist
shall be prepared and submitted to the Building Inspector for construction
sites less than one acre.
2.
The erosion and sediment control permit application checklist for construction sites shall be designed to meet the performance standards in § 23.04.070.
3.
The checklist can be found on the Village website and at the
Building Inspections office.
B.
Erosion and sediment control plan.
1.
An erosion and sediment control plan shall be prepared and submitted
to the Director of Public Works/Village Engineer for construction
sites one acre or larger.
2.
The erosion and sediment control plan shall be designed to meet the performance standards in § 23.04.080 and other requirements of this chapter.
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-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 sediment load 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 subsoils.
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.
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 five feet.
a.
Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters. Lakes, streams, wetlands,
channels, ditches and other watercourses on and immediately adjacent
to the site shall be shown. Any identified 100-year floodplains, 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.
Location of major structural and nonstructural controls identified
in the plan.
f.
Location of areas where stabilization practices will be employed.
g.
Areas which will be vegetated following construction.
h.
Area extent of wetland acreage on the site and locations where
stormwater is discharged to a surface water or wetland.
i.
Locations of all surface waters and wetlands within one mile
of the construction site.
j.
An alphanumeric or equivalent grid overlying the entire construction
site map.
k.
Areas(s) used for infiltration of post-construction stormwater
runoff.
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 Director of Public Works/Village 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 downslope drainage inlets where they occur.
g.
Minimization of tracking at all sites.
h.
Cleanup of off-site sediment deposits.
i.
Proper disposal of building and waste materials at all sites.
j.
Stabilization of drainageways.
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 nonerosive
flow from the structure to a watercourse so that the natural physical
and biological characteristics and functions are maintained and protected.
C.
Erosion and sediment control plan statement. For each construction site identified under § 23.04.040A.2, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works/Village Engineer. 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.
D.
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 Director of Public Works/Village Engineer or designee notifies
the applicant of changes needed in the plan.
A.
Erosion control. Construction sites involving building construction
where a building permit has been issued under Title 16, Buildings
and Construction, shall comply with the following:
1.
One- and two-family construction. On a site where a building
permit has been issued under Title 16, Buildings and Construction,
for the construction of a one- or two-family residence, compliance
shall be as required in § SPS 321.125, Wis. Adm. Code, Erosion
Control and Sediment Control, as adopted by reference; or
2.
Building construction under Chs. SPS 361 and 362, Wis. Adm.
Code. On a site where a building permit has been issued under Title
16 for the construction of a building or other structure, other than
indicated in Subsection A.1, and which is governed by and constructed
under Chs. SPS 361 and 362, compliance shall be as required in Chs.
SPS 361 and 362, as adopted by reference.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the Department of Public Works and
the Building Inspection office.
If land-disturbing construction activities are being carried
out without a permit required by this chapter, the Director of Public
Works/Village Engineer or designee may enter the land pursuant to
the provisions of §§ 66.0119(1), (2), and (3), Wis.
Stats.
Note to permit holder: The Director of Public Works/Village
Engineer or designee will 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.
A.
The Director of Public Works/Village Engineer or designee may post
a stop-work order if any of the following occurs:
B.
If the responsible party does not cease activity as required in a
stop-work order posted under this section or fails to comply with
the erosion and sediment control plan or permit conditions, the Director
of Public Works/Village Engineer or designee may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public Works/Village Engineer or designee or if a responsible party violates a stop-work order posted under Subsection A, the Director of Public Works/Village Engineer or designee may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Director of Public Works/Village Engineer or designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Director of Public Works/Village Engineer or designee 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/Village Engineer or designee, plus interest at the rate authorized by Village Board shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Village Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to subch. VII of Ch. 66, Wis. Stats.
F.
Any person violating any of the provisions of this chapter shall
be subject to a forfeiture of not less than $50 nor more than $500
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
G.
Compliance with the provisions of this chapter may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease-and-desist order before resorting
to injunctional proceedings.
A.
Board of appeals. The Board of Appeals created pursuant to § 19.08.0201
of the Village's Zoning Ordinance pursuant to § 61.354(4)(b),
Wis. Stats.:
1.
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/Village Engineer or designee in administering this chapter except for cease-and-desist orders obtained under § 23.04.140C.
2.
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 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 Appeals may be taken by any
aggrieved person or by any office, department, board or bureau of
the Village of Grafton affected by any decision of the Director of
Public Works/Village Engineer or designee.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this chapter unconstitutional or invalid,
the remainder of the ordinance shall remain in force and not be affected
by such judgment.
This chapter shall be in force and effect from and after its
adoption and publication.
