A.
Design criteria, standards and specifications. All drainage
facilities and practices required to comply with this Title shall
incorporate technical standards and design methods specified in the
document City of Onalaska Erosion Control and Stormwater Management
Requirements, maintained and periodically updated by the City Engineer.
Where not superseded by stricter requirements in City of Onalaska
Erosion Control and Stormwater Management Requirements, the following
standards are also incorporated by reference:
1.
Applicable design criteria, standards and specifications identified
in the Wisconsin Department of Natural Resources Stormwater Technical
Standards; and
2.
Other 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.
B.
Other standards. Other technical standards not identified
or developed above may be used, provided that the methods have been
approved by the City Engineer or designated agent.
A.
Responsible party. The responsible party shall implement
an erosion and sediment control plan, developed in accordance with
this chapter, that incorporates the requirements of this chapter.
B.
Plan. A written plan shall be developed in accordance with Section 15.02.24 and implemented for each construction site.
C.
Erosion and sediment control performance standards. All
drainage facilities and practices required to comply with this Title
shall meet performance standards specified in the document City of
Onalaska Erosion Control and Stormwater Management Requirements, maintained
and periodically updated by the City Engineer.
D.
Alternate requirements. The City Engineer or designated
agent may establish erosion and sediment control requirements more
stringent than those set forth in City of Onalaska Erosion Control
Stormwater Management Requirements, if the City Engineer or designated
agent determines that an added level of protection is needed to address
downstream stormwater management issues.
A.
Permit required. No responsible party may commence a
land disturbing construction or excavation/fill activity subject to
this Title without receiving prior approval of an erosion and sediment
control plan for the site and a permit from the City Engineer or designated
agent. The City Engineer may issue a written waiver of the permit
requirement if it is satisfied that the nature or size of the excavating/grading
project will not result in erosion or be detrimental to the public
health, safety, and welfare.
B.
Wisconsin Department of Natural Resources permits. All
land disturbance activities of greater than one acre in size shall
obtain any necessary permits as required by Ch. NR 216, Wis. Adm.
Code, unless sites are construction of public buildings or places
of employment, then the permit must be issued by the Wisconsin Department
of Commerce. Copies of any needed permits or supporting documents
shall be given to the City of Onalaska as part of the erosion control
permit.
C.
Permit application and fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this Title shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 15.02.31 and shall pay an application fee identified in the Fee Schedule.[1] By submitting an application, the applicant is authorizing
the City Engineer or designated agent to enter the site to obtain
information required for the review of the erosion and sediment control
plan.
[1]
Editor's Note: The current Fee Schedule is on file in the
City offices.
D.
Review and approval of permit application. The City
Engineer or designated agent shall review any permit application that
is submitted with erosion and sediment control plan, and the required
fee. The following approval procedure shall be used:
1.
All proposed applications for grading and/or excavating which involve
10,000 cubic yards or less shall be reviewed by the City Engineer
or designated agent prior to the issuance of any permit.
2.
The City Engineer or designated agent may request additional information
if required for a complete application within 15 business days of
receipt of any permit application. Within 45 business days of the
receipt of a complete permit application, the City Engineer or designated
agent shall inform the applicant whether the application and plan
are approved or disapproved based on the requirements of this chapter.
3.
If the permit application and plan are approved, the City Engineer
or designated agent shall issue the permit. If the permit application
or plan is disapproved, the City Engineer or designated agent shall
state, in writing, the reasons for disapproval.
4.
The City Engineer or designated agent may request additional information
from the applicant. If additional information is submitted, the City
Engineer or designated agent 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.
5.
All proposed project applications for grading and/or excavating in
excess of 10,000 cubic yards shall be reviewed by the Common Council
prior to issuance of any permit. Said review shall be made after consideration
of the application by the City Engineer, Zoning Administrator or designated
agent and the Plan Commission, if applicable.
E.
Permit standards and provisions. The standards and provisions
for all permits granted herein are as follows:
1.
All fill material added to an approved site shall be clean, noncombustible
and nondeleterious.
2.
All decisions made by the City Engineer or designated agent under
this chapter shall be made to affect the purpose of controlling erosion
to the extent that this is reasonable under the circumstances. Under
no circumstances shall a permit be issued for disturbance or excavation
of lands having slopes in excess of 30% or any area within ten foot
prior to the start of 30% slope except for the following purposes
(per La Crosse sanitary service agreement):
a.
Access road developments for residential and nonresidential
purposes where an erosion and sediment control plan has been submitted
to and approved by the City Engineer; and/or
b.
Quarry operations where an erosion and sediment control plan
has been submitted to and approved by the City Engineer or designated
agent.
3.
The recipient of a permit agrees to indemnify and hold harmless the
City of Onalaska, its employees, agents, or officers, from any cost,
suit, liability or award which might come or be brought or assessed
because of the issuance or exercise of the permit, or because of any
adverse effect upon any person or property attributed to a partially
or entirely completed project of the applicant.
4.
The City Engineer or designated agent may require at any time that
a surety bond or irrevocable letter of credit be secured by the owner,
applicant, contractor, or developer holding the permit; such bond
or irrevocable letter of credit amount and conditions thereto are
to be made and approved by the City Engineer or designated agent to
effectuate the purpose of this chapter.
5.
If conditions arise during development or construction which require
the taking of measures or precautions of the imposition of limits
or restraints to control erosion, the City Engineer or designated
agent, at their discretion, may require that such be taken. When,
during development or construction, it appears that measures or precautions
previously required are unnecessary, the City Engineer or designated
agent may choose to waive them in writing.
6.
Any permit issued under this chapter is limited to the stated project,
description, time frame and cubic yardage granted in the permit. The
permit shall be invalid if work is not commenced within one year of
permit issuance and shall expire two years after permit issuance for
residential construction or one year after issuance for commercial
construction. The City Engineer or designated agent may extend the
period one or more times for up to an additional 180 days each.
7.
As a condition of granting the permit, the applicant agrees that
the site may be inspected by the City Engineer or designated agent.
8.
The City Engineer or designated agent may require that the owner/developer
comply with the recommendations of officials or agencies designated
by the City Engineer or designated agent which may:
a.
Require, where appropriate and reasonable under the circumstances,
erosion control practices set forth in the Wisconsin Department of
Natural Resources Stormwater Technical Standards, including but not
limited to the construction of silt traps, the mulching and temporary
or permanent planting of areas exposed by grading, the construction
of diversions, channel linings, grade stabilization structures and
bank protection structures;
b.
Place limits on the area of land which may be exposed and staging
timetables; and/or
c.
Require all acts and impose all other limits and restraints
which are necessary and reasonable to control erosion.
9.
No permit shall be issued for more than one excavation season. The
permit shall set forth all time limitations with which the permit
holder is required to comply. All restoration of topsoil and/or revegetation
must be completed in the fall season (target date should be September
15) in order that the seeding is effective before the commencement
of the winter season. The City Engineer or designated agent shall
have the authority to waive revegetation requirements in no set circumstances
in which the City Engineer or designated agent determines that revegetation
is not necessary to meet the purposes of this chapter. If it is determined
that delays have occurred due to an act of God and topsoil spreading
and revegetation is impossible, then the contractor/developer is required
to take appropriate action to eliminate erosion during the seasons
that the site will remain uncovered.
10.
Construction excavating/disturbance beginning on or after September
15 and/or prior to April 1 of each year shall include dormant seeding
and erosion control measures per Wisconsin Department of Transportation
Erosion Control (PAL) Product Acceptability List or approved equal.
F.
Financial guarantee. As a condition of approval and
issuance of the permit, the City Engineer or designated agent may
require the applicant to deposit a surety bond or irrevocable letter
of credit to guarantee a good faith execution of the approved erosion
and sediment control plan and any permit conditions.
G.
Permit requirements. All permits shall require the responsible
party to:
1.
Notify the City Engineer or designated agent two full business days
prior to commencing any land disturbing construction activity.
2.
Notify the City Engineer or designated agent of completion of any
best management practices (BMP) within three full business days after
their installation and prior to the start of any excavating or land
disturbance.
3.
Obtain finalized permit from the City Engineer or designated agent
prior to any modification pursuant to Section 15.02.24.B.3. of the
erosion and sediment control plan.
4.
Install all BMPs as identified in the approved erosion and sediment
control plan prior to construction or excavation activity.
5.
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
6.
Inspect and or repair any siltation or erosion damage to adjoining
surfaces and drainage ways resulting from land disturbing activities
and document said inspection and repairs in a site erosion control
log, weekly. Any displaced sediment must be removed from downstream
culverts, streets, adjoining properties, storm sewers, and other drainage
facilities within 24 hours.
7.
Inspect the BMPs within 24 hours after each rain of 0.5 inches 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 any
needed corrections, and a description of the present phase of the
construction at the site.
8.
Allow the City Engineer or designated agent 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 approved plan. Keep a copy of the erosion
and sediment control plan at the construction site.
I.
Maintenance. The responsible party throughout the duration
of the construction activities shall maintain and inspect all BMPs
weekly or within 24 hours of a rain event in a necessary methodology
to meet the requirements of this chapter until the site has undergone
final stabilization.
A.
Plan requirements. An erosion and sediment control plan
shall be prepared and submitted to the City Engineer or designated
agent. The erosion and sediment control plan shall include, at a minimum,
information required in the City of Onalaska Erosion Control and Stormwater
Management Requirements, maintained and periodically updated by the
City Engineer. The City Engineer or designated agent may waive certain
submittal requirements, if determined to be unnecessary to demonstrate
compliance with the chapter standards.
B.
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 designated agent or designee notifies the applicant
of changes needed in the plan.
