[HISTORY: Adopted by the City Council of the City of Edgerton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1993 by Ord.
No. 2-93 (Ch. 30 of the 1993 Municipal Code); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
This article shall be known as, referred to, and may be cited
as the "Stormwater Management and Erosion Control Code."
This article is adopted under the authority granted by Wis.
Stats., § 62.234.
A.
Findings. The City Council for the City of Edgerton finds that construction
site erosion and uncontrolled stormwater runoff from land development
activities adversely effect the water resources and the health, safety,
property, and general welfare of the community, and diminish the public
enjoyment and use of natural resources. Soil erosion and stormwater
runoff specifically can:
(1)
Carry sediment, nutrients, pathogens, organic matter, heavy metals,
toxins and other pollutants to regional lakes, streams, creeks, and
wetlands;
(2)
Diminish the capacity of water resources to support recreational
uses and a natural diversity of plant and animal life;
(3)
Clog the City's existing stormwater drainage system, increasing
maintenance problems and costs;
(4)
Cause bank and channel erosion;
(5)
Increase downstream flooding;
(6)
Reduce groundwater recharge, thereby potentially diminishing stream
base flows and lowering water levels in regional lakes, ponds, and
wetlands;
(7)
Increase the risk of property damage and personal injury; and
(8)
Cause damage to agricultural fields and crops.
B.
Declaration of policy. The City finds and declares that effective
sediment and stormwater management depends on proper planning and
design, and the timely installation of conservation and management
practices and their continuing maintenance.
A.
Purpose. The purpose of this article is set forth the minimum requirements
for construction site erosion and stormwater management to diminish
threats to public health and safety, public and private property,
and the natural resources of the City.
B.
Intent. This article is intended to regulate construction site erosion
and stormwater runoff and to accomplish the following objectives:
(1)
Promote stormwater management within the areas subject to this article;
(2)
Minimize the effects of sedimentation, water pollution from nutrients,
heavy metals, chemical and petroleum products and other contaminants,
and flooding;
(3)
Promote infiltration and groundwater recharge;
(4)
Protect functional values of natural watercourses and wetlands;
(5)
Achieve an 80% reduction in average annual sediment loads to the
surface waters in and near the City and outlying waters compared to
no controls for all new land development, a 40% reduction in average
annual sediment loads compared to no controls for all redevelopment
and street reconstruction, and a 20% reduction in average annual sediment
loads compared to no controls for existing developments;
(6)
Ensure no increase in the rate of surface water drainage from sites
during or after construction;
(7)
Protect public and private property from damage resulting from runoff
or erosion; and
(8)
Reduce flood damage to property from large storm events.
Unless exempt from § 439-10, this article applies to the use of all lands within the corporate limits of the City.
A.
Effect. This article is not intended to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued under City ordinance or state law. However,
wherever this article imposes greater restrictions, the provisions
of this article shall govern.
B.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be the minimum requirements, shall
be liberally construed in favor of the City, and shall not be deemed
a limitation on or repeal of any other power granted by state law.
As used in this article, the following terms are defined as
follows:
That a regulated activity has significantly:
Related to or used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry
enterprises, grazing, nurseries, horticulture, viticulture, truck
farming, forestry, sod production, cranberry productions and wild
crop harvesting, and includes lands used for on-site buildings and
other structures necessary to carry out such activities.
Annual rainfall means measured precipitation in Madison,
Wisconsin, for Dane County properties and Janesville, Wisconsin, for
Rock County properties between March 12 and December 2, 1981.
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
A practice, technique, or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
Such practices can include structural, vegetative or operational practices.
The Public Works Director, the City Engineer, or any other
City employee or official assigned or charged with the responsibility
of administering and enforcing the requirements of this section or
any independent contractor retained by the City for such purpose.
Surface waters capable of supporting a community of cold
water fish and other aquatic life, or serving as a spawning area for
cold water fish species (§ NR 102.04(3)(a), Wis. Adm. Code).
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion and sedimentation from
land disturbing activity.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and shall include the
resulting conditions.
Any building, structure, or other impervious areas existing
prior to the effective date of this article.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved to a new location, and shall include the resulting conditions.
A surety bond, performance bond, maintenance bond, irrevocable
letter of credit, cash escrow, or similar guarantee submitted to the
City to assure that the requirements of this article are carried out
in compliance with an approved plan. The form of the financial security
required, if required at all by the City, shall be at the sole option
of the City.
The altering of the elevation of a land surface by stripping,
excavating, filling, or stockpiling of soil materials, or any combination
of such activities, and shall include the land from which the material
was taken or upon which it was placed.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Any land cover preventing rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways, and parking lots. For purposes of this article,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious, unless such surface cover is specifically
designed to encourage infiltration and the design of the surface cover
is approved by the City Engineer.
Any structure, fixture, erection, construction, demolition,
alteration, excavation, filling, grading, tiling, planting, clearing
or landscaping that is built, erected, made, or done on or to a parcel
for its permanent benefit.
Refers to any precipitation that does not leave the site
as surface runoff.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or roadside channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any of the following activities:
Structural development, including the construction of a new
building or other structures or improvements;
The expansion or alteration of an existing structure resulting
in an increase in the surface dimensions of the building or structure;
Land disturbing activities; or
The creation, construction, installation, or expansion of impervious
surfaces.
Any land alterations or disturbances that may result in soil
erosion, sedimentation, or change in runoff, including, but not limited
to, tilling, removal of ground cover or other vegetation, grading,
excavating, and filling of land.
Chapter 442, Subdivision, of the City Code, adopted for the purpose of regulating the division of land.
Any person having any pecuniary interest in lands regulated
by this article.
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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 performance standards may
vary based on the performance standard and site conditions.
Any land development activities occurring after the effective
date of this article.
A rate of flow of stormwater runoff, usually measured in
feet per second that does not erode soils. Nonerosive velocities vary
for individual sites, taking into account topography, soil type, and
runoff rates.
Any defined area of land regardless of the manner of its
legal description.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
Any person to whom a permit is issued under this article.
Any natural person, limited partnership, limited-liability
company, association, syndicate, partnership, corporation, trust,
or any other legal entity.
Any land cover that permits rain or melting snow to soak
into the ground.
An erosion control plan required by § 439-12C(3), a stormwater management plan required by § 439-12C(4), or a plan combining all of the required elements and standards of an erosion control plan and a stormwater management plan filed with the City for the purpose of securing a combination permit as defined in § 439-12A(1).
The extent and distribution of land cover types anticipated
to occur under conditions of full development of the submitted plan.
This term is used to match predevelopment and post-development stormwater
peak flows as required by this article.
The extent and distribution of land cover types present before
the initiation of the proposed land development activity, assuming
all land uses prior to land disturbing activity are in "good" condition
as described in Natural Resources Conservation Service Technical Release
55, "Urban Hydrology for Small Watershed" (commonly known as TR-55).
This term is used to match predevelopment and post-development stormwater
peak flows as required by this article. In the situation where cumulative
impervious surface created after the adoption of this article exceeds
the 20,000 square feet threshold, the predevelopment conditions shall
be those prior to the proposed land disturbance.
The portion of the average annual rainfall that infiltrates
the soil and becomes groundwater. Recharge does not include evaporation,
transpiration, or runoff from the site.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the entire existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 439-9.
The cutting of ground cover or other vegetation to the ground
or stumps, complete extraction, or killing by spraying.
That portion of rainfall, melted snow, or irrigation water
flowing across the ground surface and eventually returning to lakes,
streams, creeks, or other water bodies.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Solid earth material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water, gravity or ice, and has come to rest on the
earth's surface at a different site.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
The bounded area described in an erosion control plan, a
stormwater management plan, or a plan combining all of the required
elements and standards of an erosion control plan and a stormwater
management plan filed with the City for the purpose of securing a
combination permit as defined in § 439-12A(1).
The net vertical rise over horizontal run, expressed as a
percentage, that represents a relatively homogeneous surface incline
or decline over the area disturbed.
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
The precipitation amounts that occur over a twenty-four-hour
period having a specified recurrence interval for the county in which
the property is located. For example, two-, ten- and 100-year storm
events mean the precipitation amounts that occur over a twenty-four-hour
period that have a recurrence interval of two, 10 and 100 years, respectively.
A closed, usually subsurface, conduit for conveying collected
stormwater.
The surface flow of water resulting from, and occurring during
and immediately following, a rainfall, snow or ice melt event.
Any constructed element in a stormwater drainage system.
All of the facilities used for conducting stormwater to,
through or from a drainage area to the point of final outlet, including
but not limited to, any of the following: conduits and appurtenant
features, canals, channels, ditches, streams, culverts, streets, storm
sewers, and pumping stations.
Any measure taken, including the construction or installation
of structural management practices, to permanently reduce or minimize
the negative impacts of stormwater runoff quantity and quality after
land development activities.
The waters derived from rains falling or snow or ice melting
within a drainage area, flowing over the surface of the ground and
collected in channels, watercourses, or conduits.
Removal and replacement of the road subgrade, where existing
stormwater drainage facilities are modified.
Any improvements made for land stabilization to control or
prevent erosion and sedimentation and the management of stormwater
runoff, including, but not limited to, gully control structures, grass
waterways, riprap, detention and retention basins, sediment basins,
flood retention dams, diversions, and lining channels with rock, concrete
or other materials.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, streambed, or lake bed.
That circumstance where special conditions, not self-created,
affect a particular property and make strict conformity with the regulations
of this article unreasonable in light of the purposes of this article.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions. Wetlands include
natural, mitigation and restored wetlands.
Chapter 450, Zoning, of the City Code, adopted for the purpose of regulating the use of land.
Unless expressly exempted by § 439-10, an erosion control permit under § 439-12 shall be required for, and all construction site erosion control provisions of this article shall apply to, any of the following activities:
A.
Any land disturbing activity in excess of 4,000 square feet.
B.
Any land disturbing activity on a slope of greater than 12%.
C.
Any land disturbing activity involving the excavation or filling,
or a combination of excavation and filling, of material in excess
of 400 cubic yards.
D.
Any land disturbing activity that disturbs more than 100 linear feet
of road ditch, grass waterway, or other land area where the surface
drainage flows in a defined open channel, including the placement,
repair or removal of any underground pipe, utility or other facility
within the cross section of the channel.
E.
Any new public or private road, or any access drive longer than 125
feet.
F.
Any development of a parcel subject to the requirements of, and regulated by, Chapter 442, Subdivision.
G.
Those activities involving the laying, repairing, replacing or enlarging
of an underground pipe or facility for a distance of 300 feet or more.
H.
Those activities involving grading, excavation and landfilling of
more than 15 cubic yards and removal of protective ground cover or
vegetation, or land disturbing activity within 1,000 feet from the
boundary of a lake and 300 feet from a river, natural pool, stream,
pond or wetland.
I.
Any land disturbing activity that disturbs less than 4,000 square
feet of land, if the City administrative authority determines that
such activity has a high risk of soil erosion or water pollution,
or may affect a lake, stream, creek, wetland area, or adjacent properties.
Examples of activities with a high risk of soil erosion or water pollution
may include, but are not limited to, land disturbance on erodible
soil or adjacent to lakes, rivers, streams, creeks, or wetlands. All
such determinations made by the city administrative authority shall
be in writing, unless waived by the applicant.
Unless expressly exempted by § 439-10, a stormwater control permit under § 439-12 shall be required for, and all stormwater management provisions of this article shall apply to, any of the following activities within the City:
A.
Any new land development resulting in the cumulative addition of 20,000 square feet of impervious surface on a parcel. Notwithstanding the foregoing, the stormwater management standards of this article, including the requirement of a stormwater control permit, may apply to a new land development resulting in the cumulative addition of less than 20,000 square feet of impervious surface area if Subsection D applies.
B.
Agricultural development that creates new impervious surface area
exceeding 20,000 square feet in the site.
C.
Any dividing of land for development, provided the land division is subject to the requirements of, and regulated by, Chapter 442, Subdivision.
E.
Any other activity if the City administrative authority determines
that such activity may significantly increase downstream runoff volumes,
flooding, soil erosion, water pollution, or property damage, or may
affect a lake, stream, creek, wetland area, or adjacent properties.
All such determinations by the City administrative authority shall
be made in writing unless waived by the applicant.
A.
All requirements. The following activities are exempt from all requirements
of this article:
(1)
Any activity directly related to the planting, growing and harvesting
of agricultural crops, unless such activity, as determined by the
City administrative authority, may result in undue erosion of or sedimentation
on any adjoining property, may significantly affect a lake, stream,
creek, or wetland area, or may otherwise endanger the downstream property
owners or their property. All such determinations by the City administrative
authority shall be made in writing unless waived by the affected property
owner.
B.
Erosion control. The following activities are exempt from the construction site erosion control provisions of §§ 439-8, 439-12 and 439-13:
(1)
One- and two-family dwelling unit projects regulated under the Wisconsin
Uniform One- and Two-Family Dwelling Code ("UDC").[1] The City shall regulate these sites during the period that residential building permits are in effect under its authority under Chapter 192, Building Construction, of the City Code, consistent with then existing UDC requirements.
[1]
Editor's Note: See Chs. SPS 320 through 325, Wis. Adm. Code.
(2)
Projects specifically exempted from local erosion control ordinances
under state or federal statute. It is the responsibility of the landowner
to demonstrate such exemption with documentation acceptable to the
City administrative authority.
(4)
Municipal road or county highway projects not exempted under § 439-10B(2) are exempt from § 439-14B(2)(c) where all the following conditions are met:
C.
The following activities are exempt from infiltration standards described
in § 439-14E:
(1)
Redevelopment sites.
(2)
New development sites with less than 10% connected imperviousness
based on complete development of the post construction site, provided
the cumulative area of all impervious surface is less than one acre.
(3)
Agricultural facilities and practices.
(4)
Areas where the infiltration rate of the soil is less than 0.6 inches/hour
measured at the bottom of the proposed infiltration system where the
soil layer is not easily removed or manipulated.
(5)
Parking areas and access roads less than 50,000 square feet for commercial
and industrial developments.
(6)
Roads in commercial, industrial land uses, and arterial roads.
A potential applicant for a permit issued under this article
may request a preapplication conference with City administrative authority.
The purpose of a preapplication conference is to afford the potential
applicant an opportunity to become familiar with the purpose and objectives
of this article and to allow City administrative authority to become
familiar with the proposed activity. This meeting is intended to assist
a potential applicant in preparing general site plans and other submittals
necessary to obtain a required permit under this article. A preapplication
conference does not guarantee that an erosion or stormwater control
plan will be approved or that a permit will be issued. Erosion and
stormwater control plans and permit applications must meet all applicable
standards and criteria for approval.
A.
COMBINATION PERMIT
Definitions. Whenever used in this section, the term:
A single permit issued for any land development activity requiring both an erosion control permit and a stormwater control permit, provided the requirements and standards for each such permit as specified under this article are met. Such permit shall be designated as an erosion and stormwater control permit. When applying for a combination permit, the applicant shall file a single plan combining and meeting all of the requirements and standards specified under Subsection C(3) and (4).
B.
Permit as a condition precedent. Unless expressly exempted by this article, no person may undertake or commence any activity i) meeting the criteria described in § 439-8 or 439-9 or ii) deemed subject to the requirements of this article under § 439-10 without first obtaining from the City under this section the permit specifically required for such activity. Such required permit may be either an erosion control permit, a stormwater control permit or, if appropriate, a combination permit.
C.
Application. The following must be provided to obtain an erosion
control permit, a stormwater control permit or, if appropriate, a
combination permit:
(1)
A completed application for the permit sought. The application must
be signed by the landowner or include a notarized statement signed
by the landowner authorizing the applicant to act as the landowner's
agent and to submit the application on the landowner's behalf.
Such notarized statement shall also clearly state that the landowner
agrees to be bound by all of the requirements of this article and
the terms of any permit issued to the agent. By signing the application,
the landowner and, whenever appropriate, the landowner's agent
also expressly grant permission to any City administrative authority
to enter the property at any reasonable time for the purpose of gathering
any information or data needed to assist the City in evaluating the
application and its supporting documentation.
(4)
For either a stormwater control permit or a combination permit, a stormwater management plan meeting all of the standards of § 439-14 and, if appropriate, a draft maintenance agreement as described in § 439-14A(8).
(5)
A proposed timetable and schedule for completion and installation
of all elements of the proposed plan and a detailed schedule for completion
of construction.
(6)
An estimate of the cost of completion and installation of all elements
of the proposed plan.
(7)
Evidence of financial responsibility to complete the work proposed
in the plan. As a condition of permit approval, the City may require
the filing of a financial security instrument sufficient to guarantee
completion of the project. If the City intends to accept dedication
of the improvements after completion, the filing of such a security
shall be mandatory in accordance with the development agreement.
(8)
Copies of permits or permit applications or approvals required by
any other governmental entity.
D.
Application review process.
(1)
The City administrative authority shall verify that the permit application, including the supporting documentation as required by Subsection C, is complete and that proposed plan complies with the standards identified in either § 439-13 or 439-14, or both. If the City administrative authority determines after such review that the proposed plan is deficient in any manner or that additional information is needed to evaluate the plan, the City administrative authority shall notify the applicant of such deficiency or of the need for additional information. Within 20 days after the date of such notification, the applicant shall correct the identified deficiencies or furnish the requested information, or both if appropriate. If the applicant fails to timely correct any identified deficiency or submit the requested information, the application shall be deemed denied and no further action will taken on it. The applicant may then either submit a new application and plan for approval or appeal the determination of the City administrative authority as provided under § 439-16.
(2)
After the application and plan review of the City administrative
authority has been completed and, if appropriate, all identified deficiencies
have been corrected and all additionally requested information has
been submitted, the City administrative authority may approve or reject
the permit request as submitted. The City administrative authority
may also approve the permit request subject to certain enumerated
conditions, including the correction of any identified deficiencies
in the filed plan. The Zoning Administrator shall then notify the
applicant of the action taken by the City administrative authority.
If a permit is approved conditionally or rejected, the Zoning Administrator
shall advise the applicant of the conditions of approval, including
the required correction of identified deficiencies in the plan, or
the reasons for rejection. If the applicant thereafter corrects all
of the identified deficiencies in the plan to the satisfaction of
the City administrative authority, the plan shall then be deemed approved,
subject to any remaining nondeficiency conditions, if any. Staff engaged
in this review and approval process shall be certified where appropriate
by the Wisconsin Department of Safety and Professional Services for
this purpose.
(3)
If any installed stormwater management measure is to be privately owned, an affidavit, in recordable form, notifying future prospective purchasers of the existence of a stormwater control or combination permit issued under this article and applicable plan, timetables and potential liability imposed by § 439-18 for failure to bring the property into compliance with this article after notification, shall be a filed with the County Register of Deeds prior to issuance of a stormwater control or a combination permit. Such information shall also be noted on every applicable plat and certified survey map.
(4)
Upon the approval of the City administrative authority, or upon the
applicant's satisfactory correction of those plan deficiencies
identified by the City administrative authority, the permit requested
shall be issued by the City after the applicant has met all other
requirements of this article.
E.
Permit conditions. In addition to any condition that the City administrative
authority may impose as part of its approval of the permit, the permittee
shall be subject to the following conditions:
(1)
The erosion control elements of the plan shall be implemented prior
to the start of any land development activity and shall be maintained
over the duration of the project. Stormwater management components
of the plan shall be maintained in perpetuity. All elements of the
plan shall be constructed or installed in full compliance with the
plan as approved.
(2)
The permittee shall be responsible for the successful implementation
and completion of all elements of the approved plan and all costs
associated with such project. The permittee shall be liable for all
property damage and costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(4)
All incidental mud tracking off-site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
(5)
The permittee shall be responsible for maintaining all roads, road
rights-of-way, streets, and stormwater drainage facilities as specified
in the approved plan until they are accepted and become the responsibility
of the City or other governmental entity.
(6)
A copy of the approved permit and erosion control plan shall be kept
on the project site, in a place readily accessible to contractors,
engineers, City administrative authority inspection staff and other
authorized personnel.
(7)
Permit duration.
(a)
Unless the City administrative authority otherwise stipulates,
an approved permit shall be valid for a period of 12 months from the
date of issuance and all work must be completed prior to the expiration
date of the permit. The City administrative authority may extend the
expiration date of the permit upon finding that such an extension
will not cause an increase in erosion, sedimentation, or runoff. The
City administrative authority may further modify the plan if necessary
to prevent any increase in sedimentation, erosion, or runoff resulting
from any extension.
(b)
Permit time extension requests must be made in writing and received
by the Zoning Administrator at least 30 days prior to the expiration
of the permit. A request for a permit time extension shall include
a statement explaining the need for a time extension and specify any
necessary changes to the plan.
(8)
The City administrative authority may revoke any permit granted under
this article if it finds that the permittee has misrepresented any
material fact in the permit application or plan, has failed to comply
with the provisions of this article, has failed to comply with the
plan as originally approved or as subsequently modified, or has violated
any of the other terms of the permit imposed as a condition of its
approval.
F.
Inspections, security, acceptance and maintenance.
(1)
Entry permitted. A permit issued under this section shall constitute
permission by the permittee and landowner for any City administrative
authority to enter the property and inspect any phase of the permitted
activity, including any construction or installation work, to confirm
its compliance with the approved plan and the requirements of this
article.
(2)
Erosion control and stormwater management inspections. The City administrative
authority shall perform inspections during the construction or installation
phase of any permitted activity to determine the permittee's
substantial compliance with the approved plan and the requirements
of this article.
(3)
Final inspection: stormwater management. Within 10 days after the
installation of all of the stormwater management measures specified
in an approved plan, the permittee shall notify the Zoning Administrator
or City Engineer of such completed installation and submit drawings
documenting the construction to the City administrative authority.
The person who designed the stormwater management measures for the
permittee shall submit a certification that the constructed stormwater
management practices and conveyance systems substantially comply with
the specifications included in the approved plan. At a minimum, the
certification shall include a set of record drawings comparing the
approved stormwater management measures with those constructed. The
permittee shall submit any other information as required by the Zoning
Administrator or the City Engineer within 10 days after such request.
A City administrative authority shall then inspect the property to
verify compliance with the plan within 10 days after such notification
or within 10 days after all additionally requested information has
been submitted.
(4)
Final inspections erosion control.
(a)
Within 10 days after installation of all practices in an approved
erosion control plan and achievement of soil stabilization, the permittee
shall notify the City administrative authority.
(b)
The City administrative authority shall inspect the property
to verify compliance with the erosion control plan within 10 days
of notification of soil stabilization.
(c)
The City administrative authority shall inspect the property
to verify compliance within 10 days of notification.
(5)
Acceptance of improvements.
(a)
Unless the City provides otherwise, the City shall accept dedication
of all stormwater management measures and conveyance facilities and
systems after fully constructed, inspected, and approved. The City's
acceptance of such improvements, however, is further conditioned on
the permittee filing lien waivers and appropriate affidavits as evidence
that no claims, actions, or demands for damages arising out of or
in any way related to the installation of the stormwater management
measures and conveyance systems exist and that no monies are owed
to any contractor, surveyor, mechanic, subcontractor, materialman,
or laborer in connection with the installation.
(b)
The City may, at its option, require the landowner to retain
ownership of all stormwater management measures and conveyance facilities
and systems and to maintain them after fully constructed, inspected,
and approved. Such improvements, however, shall be subject to periodic
City inspections and, as necessary, City orders for repairs.
(6)
Security.
(a)
Partial release. Upon completion and approval of any improvement,
the City may release a portion of any furnished security if:
[1]
A written application for a partial release is filed with the
City Clerk; and
[2]
The remaining security will be sufficient to cover any potential
corrective work required during the guaranty as determined by the
City Engineer. Under no circumstances shall more than 90% of the furnished
security be released before the expiration of the guaranty period.
(b)
Guaranty period. The security furnished by the permittee, whether
subject to a partial release or not, shall be retained by the City
for a period of one year following the City's acceptance of the
required improvements to guarantee them against defects in workmanship
and materials. If any defect appears during the guaranty period, the
permittee shall, at his or her expense, install replacements or perform
acceptable repairs. If the permittee fails to do so, the City may
do so and deduct the cost of such work from the security on deposit.
Unless defects have appeared and have not been repaired, the City
shall release the security to the permittee upon expiration of the
one-year-guaranty-period.
G.
Permit transfers.
(1)
Definition. For purposes of this Subsection G, the term "landowner" includes both the current owner of property subject to a permit issued under this section and the current permittee if the permit was issued to an agent of the property owner, unless the context or subject matter clearly indicates otherwise.
(2)
Notification of plan and transfer. If a landowner intends to transfer
ownership, possession or control of property subject to an approved,
yet uncompleted plan, the landowner shall provide a copy of the plan
to the intended successor in interest, inform the intended successor
in interest in writing of the current status of compliance with the
plan, and notify the City administrative authority in writing of the
intended transfer. Until such intended transfer is effectuated, the
landowner shall continue to be responsible for controlling soil erosion
and runoff and complying with the requirements of the approved plan
and the standards provided in this article.
(3)
Method of transfer.
(a)
If a landowner transfers ownership, possession, or control of
property subject to an approved, yet uncompleted plan, the outstanding
permit shall be deemed null and void, all land development activity
shall cease, and the property shall be restored to its original, pre-land-development
condition subject to the requirements of this article, including the
controlling of soil erosion and runoff, unless any of the following
conditions is met prior to the actual date of transfer:
[2]
Subject to Subsection G(2), the City administrative authority agrees to name the transferee as an additional permittee on the outstanding permit and allows the transferee to complete that portion of the approved plan regulating soil erosion and runoff on the transferee's property. As a condition of naming the transferee on the outstanding permit, the City administrative authority may require that the transferee or the landowner furnish an irrevocable letter of credit or certified check in an amount equal to 110% of the estimated cost to complete the work proposed in the approved plan as determined by the City administrative authority, if the landowner was not required to furnish any security at the time the permit was originally issued, or if the previously furnished security by its terms is for any reason rendered void by the transfer. The letter of credit shall be in a form approved by the City and shall name the City as the beneficiary. If an approved plan is not completed as proposed, the City may use the letter of credit or certified check provided by the transferee or landowner to complete the remaining work to achieve plan compliance.
(b)
Even if a transferee is named as additional permittee under Subsection C(1), the City shall continue to deem the landowner as being equally responsible for controlling soil erosion and runoff and complying with the requirements of the approved plan and the standards provided in this article until the plan work is completed on the transferee's property.
H.
Plan or permit amendments. No substantive modification to an approved
plan may be made unless such modification is first approved by City
administrative authority. The City administrative authority shall
determine if a modification is substantive.
A.
Plan materials. Erosion control plans may include the consideration of the cooperative efforts of adjoining landowners to control the transport of sediment, and except as specifically exempted in Subsection B, shall include at a minimum the following information unless waived by the City administrative authority:
(1)
Property lines, lot dimensions, and limits of disturbed area;
(2)
Limits of impervious area including buildings. Include all public
and private roads, interior roads, driveways, parking lots, and indicate
type of paving and surfacing material;
(3)
All natural and artificial water features including, but not limited
to, lakes, ponds, streams (including intermittent streams) and ditches,
and areas of natural woodland and prairie. The plan must show ordinary
high-water marks of all navigable waters, 100-year flood elevations
and delineated wetland boundaries. A certified flood zone determination
and/or wetland delineation may be required at the applicant's
expense;
(4)
Cross sections of and profiles of channels, swales, and road ditches;
(5)
Culvert sizes;
(6)
Direction of flow of runoff;
(7)
Watershed size for each drainage area;
(8)
Design discharge for ditches and structural measures;
(9)
Runoff velocities at points where channelized flow leaves the disturbed
area or property;
(10)
Fertilizer and seeding rates and recommendations;
(11)
Time schedules for stabilization of ditches and slopes;
(12)
Description of methods by which sites are to be developed and
a detailed land disturbance schedule including time schedules for
stabilization of ditches and slopes;
(13)
Provision for sequential steps mitigating erosive effect of
land disturbing activities to be followed in appropriate order and
in a manner consistent with accepted erosion control methodology suitable
to proposed sites and amenable to prompt revegetation including runoff
calculations as appropriate;
(14)
Provisions to prevent mud tracking off-site onto public thoroughfares
during the construction period;
(15)
Provision to disconnect impervious surfaces, where feasible;
(16)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed to existing stormwater conveyance systems;
(17)
Copies of permits or permit applications required by any other
unit of government of agency;
(18)
Existing and proposed elevations (referenced to the National
Geodedetic Vertical Datum of 1929) and existing and proposed contours
in the area, where deemed necessary; and
(19)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site.
B.
Simplified plan checklist.
(1)
Applicants may submit erosion control proposals using simplified
checklists of standard erosion control practices on a standard form
approved by the City, wherever all of the following conditions exist:
(2)
Each submitted simplified plan checklist shall be reviewed by the
City administrative authority for completeness and accuracy.
C.
Erosion control performance standards.
(1)
Generally. The proposed design, suggested location, and phased implementation of the erosion control measures specified in a plan should be designed, engineered and ultimately implemented to achieve those results as provided under Subsection C(2). The City administrative authority shall evaluate the plan measures to determine that they follow currently accepted design criteria and the technical standards specified under § 439-15 and that they will achieve the required results under Subsection C(2).
(2)
Standards. The erosion control plan measures shall at a minimum achieve
the following results:
(a)
Prevent gully and bank erosion;
(b)
Limit total off-site permissible annual aggregate soil loss
for exposed areas resulting from sheet and rill erosion to an annual,
cumulative soil loss rate not to exceed 7.5 tons per acre annually;
and
(c)
Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in § 439-14B(2)(c), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance of water body.
(3)
A plan's compliance with the requirements specified under Subsection C(2) shall be determined by using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane or Rock County Conservationist that considers season of year, site characteristics, soil erodibility, and slope.
(4)
For a plan to be approved, its prescribed erosion control measures
need not have to attempt to control soil transportation within the
boundaries of the applicant's site.
(5)
Site dewatering. Water pumped from the site shall be treated by control
measures specified in the Wisconsin Construction Site Best Management
Practice Handbook. If the water is demonstrated to have no particles
greater than 100 microns during dewatering operations, then no control
is needed before discharge, except as determined by the City. Water
may not be discharged in a manner that causes erosion of the site,
adjacent land or receiving channels.
(6)
Waste and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials, shall be properly disposed of and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(7)
Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end or each workday.
(8)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier meeting accepted
design criteria standards and specifications.
(9)
Site erosion control. The following criteria apply only to land development
or land disturbing activities that result in runoff leaving the site.
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection C(9)(c)[3] below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the two year twenty-four-hour storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, Natural Resource Conversation Service guidelines shall be followed.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection C(9)(c)[1] and [2] or [1] and [3] below.
[1]
Where activities will result in disturbed ground being left
inactive for 10 or more days, positive controls for keeping all erosion
on site, including such measures as placement of silt fences, hay
bales, detention basins, phased construction or stabilization of the
disturbed ground with temporary or permanent seeding; temporary or
permanent seeding and mulching; sodding or covering with tarps shall
be employed to the satisfaction of the City for the City. Seeding
without mulch may be allowed if the seeding is started and completed
between May 1 and September 15. If temporary seeding is used, a permanent
cover shall also be required as part of the final site stabilization.
Seeding or sodding shall be conducted as specified in the Department
of Natural Resources Wisconsin Construction Site Best Management Practice
Handbook or by the City. Variances from the requirements of this subsection
may be granted by the City upon application, but only if the applicant's
failure to comply is due to extended periods of rain or other construction
delays beyond the control of the responsible party.
[2]
For sites with 10 or more acres disturbed at one time or if
a channel originates in the disturbed area, one or more sedimentation
basins shall be constructed in addition to other erosion control measures.
Each sedimentation basin shall be designed and constructed as specified
in the Department of Natural Resources Wisconsin Construction Site
Best Management Practice Handbook.
[3]
For sites with less than 10 acres disturbed at one time, filter
fences, straw bales or equivalent control measures shall be placed
along all side slope and down slope sides of the site. If a channel
or area of concentrated runoff passes through the site, filter fences
shall be placed along the channel edges to reduce sediment reaching
the channel.
(d)
Runoff from sites on slopes of 12% or more may require additional or different controls than listed in Subsection C(9)(c) above. Control measures for such slopes require approval of the City.
(e)
Any soil or dirt storage piles containing more than 10 cubic
yards of material should not be located with a down slope drainage
length of less than 25 feet to a roadway or drainage channel. Straw
bales or filter fence barriers shall be placed immediately on the
down slope side of the piles. If remaining for more than 30 days,
they shall be stabilized by mulching, vegetative cover, tarps or other
means. Where soil or dirt storage piles resulting from in-street utility
repairs are located closer than 25 feet to a roadway or drainage channel,
adequate control measures shall be taken to prevent erodible materials
from entering the adjacent ditch or storm sewer system. Storm drain
inlets must be protected with straw bales or other appropriate filtering
barriers. If any soil or dirt storage pile described in this subsection
is in existence for more than six months, the filter fabric or straw
bales shall be replaced upon orders of the City.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B, and shall provide at a minimum the following information unless waived by the City administrative authority:
(1)
A narrative describing the proposed project, including an implementation
schedule for the planned practices.
(2)
Identification of the entity responsible for long-term maintenance
of the project.
(3)
A map showing the drainage areas for each project site under predevelopment
land conditions and a map showing the drainage areas for each project
site under post-development land conditions.
(4)
A summary of runoff peak flow rate calculations, by watershed area,
including:
(a)
Predevelopment peak flow rates for the required design storms;
(b)
Post-construction peak flow rates with no detention for the
required design storms;
(c)
Post-construction peak flow rates with detention for the required
design storms;
(d)
Assumed runoff curve numbers (RCNs) for predevelopment and post-development
conditions; and
(e)
Time of concentration (Tc) used in calculations.
(5)
A completed site plan and specifications, signed by the person who
designed the plan. All plans shall be drawn to an easily legible scale,
shall be clearly labeled, and shall include, at a minimum, all of
the following information unless waived by the City administrative
authority:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and proposed, including
all dimensions and setbacks;
(c)
All public and private roads, interior roads, driveways and
parking lots. The traffic patterns and type of paving and surfacing
material shall also be shown;
(d)
All natural and artificial water features, including, but not
limited to, lakes, ponds, streams (including intermittent streams),
creeks, and ditches. The ordinary high-water marks of all navigable
waters, the 100-year flood elevations, and the delineated wetland
boundaries, if any, shall be shown. If not available, an appropriate
flood zone determination or wetland delineation, or both, shall be
prepared by the applicant at his or her expense;
(e)
Depth to bedrock;
(f)
Depth to seasonal high-water table;
(g)
The extent and location of all soil types as described in the
County Soil Survey, slopes exceeding 12%, and areas of woodland or
prairie;
(h)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area requiring a grading and filling permit;
(i)
Elevations, sections, profiles, and details as needed to describe
all natural and artificial features of the project;
(j)
Soil erosion control and overland runoff control measures, including
runoff calculations as appropriate;
(k)
Detailed construction schedule;
(l)
Copies of permits or permit applications required by any other
governmental entity or agency;
(m)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
(n)
Location of all stormwater management practices;
(o)
All existing and proposed drainage features;
(p)
The location and area of all proposed impervious surfaces; and
(q)
The limits and area of the disturbed area.
(6)
A description of the methods to control oil and grease or written
justification for not providing such control for properties in Dane
County only;
(7)
Engineered designs for all structural management practices;
(8)
If the stormwater management measures once installed are to be privately owned, a maintenance plan and schedule for all permanent stormwater management measures as would be recorded on the affidavit required in § 439-12D(3).
B.
Stormwater management performance standards.
(1)
Generally. The proposed design, suggested location, and phased implementation of the stormwater management measures specified in a plan should be designed, engineered and ultimately implemented to achieve the results as provided under Subsection B(2). The City administrative authority shall evaluate the plan measures to determine that they follow currently accepted design criteria and the technical standards specified under § 439-15 and that they will achieve the required results under Subsection B(2).
(2)
Standards.
(a)
Sediment control.
[1]
For new development, the applicant shall design the stormwater
management measures to retain soil particles greater than five microns
on the site (80% reduction) resulting from a one-year, twenty-four-hour
storm event (2.5 inches over twenty-four-hour duration), according
to approved procedures, and assuming no sediment resuspension.
[2]
For redevelopment resulting in exposed surface parking lots
and associated traffic areas, the applicant shall design the stormwater
management measures to retain soil particles greater than 20 microns
on the entire site (40% reduction) resulting from a one-year, twenty-four-hour
storm event, according to approved procedures, and assuming no sediment
resuspension. Under no circumstances shall the-existing sediment control
level or trapping efficiency of the site be reduced as a result of
the redevelopment.
(b)
Outlets. Discharges from land development activities must have a stable outlet capable of carrying the designed flow as required in Subsection B(2)(d), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to a stormwater conveyance or water body.
(c)
Runoff rate control; hydrologic calculation. All runoff calculations
shall be according to the methodology described in the Natural Resources
Conservation Service's Technical Release 55, "Urban Hydrology
for Small Watersheds" (commonly known as TP-55), or other methodology
approved by the City administrative authority. For agricultural land
subject to this section, the maximum runoff curve number (RCN) used
in such calculations shall be 51 for HSG A; 68 for HSG B; 79 for HSG
C; and 84 for HSG D. The TR-55-specified curve numbers for other land
uses shall be used. Heavily disturbed sites will be lowered one permeability
class for hydrologic calculations. Lightly disturbed area require
no modification. Where practices have been implemented to restore
soil structure to pre-development conditions, not permeability class
modification is required.
(d)
Runoff rate control; design standards. Except for redevelopment
projects, all stormwater facilities shall be designed, installed and
maintained to effectively accomplished the following:
[1]
Maintain predevelopment peak runoff rates for two-year, twenty-four-hour
storm event (2.9 inches over twenty-four-hour duration).
[2]
Maintain predevelopment peak runoff rates for the ten-year,
twenty-four-hour storm event (4.2 inches over twenty-four-hour duration).
[3]
Detain the 100-year, twenty-four-hour storm event (6.0 inches
over twenty-four-hour duration).
(e)
Infiltration.
[1]
Residential development. For residential developments, design
practices to infiltrate sufficient runoff volume so that post-development
infiltration volume shall be at least 90% of the predevelopment infiltration
volume, based upon average annual rainfall. If when designing appropriate
infiltration systems no more than 1% of the site is required to be
used as effective infiltration area, the applicant may alternately
design infiltration systems and pervious surfaces to meet or exceed
the estimated average annual recharge rate (7.6 inches per year).
If this alternative design approach is taken, at least 1% of the site
must be used for infiltration.
[2]
Nonresidential development. For nonresidential development including
commercial industrial and institutional development design practices
to infiltrate sufficient runoff volume so that post-development infiltration
volume shall be at least 60% of the predevelopment infiltration volume,
based on average annual rainfall. When designing appropriate infiltration
systems, no more than 2% of the site is required to be used as effective
infiltration area, the applicant may alternately design infiltration
systems and pervious surfaces to meet or exceed the estimated average
annual recharge rate (7.6 inches per year). If this alternative design
approach is taken, at least 2% of the site must be used for infiltration.
[3]
Pretreatment. Before infiltrating runoff, pretreatment shall
be required for parking lot runoff and for runoff from new road construction
in commercial, industrial and institutional areas that will enter
an infiltration system. The pretreatment shall be designed to protect
the infiltration system from clogging prior to scheduled maintenance
and to protect groundwater quality.
[4]
Prohibitions. Notwithstanding Subsection B(2)(e)[1] through [3], infiltration systems may not be installed in any of the following areas:
[a]
Areas associated with Tier 1 industrial facilities
identified in § NR 216.21 (2)(a), Wis. Admin. Code. including
storage, loading, rooftop and parking.
[b]
Storage and loading areas of Tier 2 industrial
facilities identified in § NR 216.21(2)(b), Wis. Admin.
Code.
[c]
Fueling and vehicle maintenance areas.
[d]
Areas within 1,000 feet UP gradient or within 100
feet down gradient of karst features.
[e]
Areas with less than three feet separation distance
from bottom of the infiltration system to the elevation of seasonal
high groundwater or the top of bedrock, except that this provision
does not prohibit infiltration of roof runoff.
[f]
Areas with runoff from industrial, commercial and
institutional parking lots and roads and residential arterial roads
with less than five feet separation distance from the bottom of the
infiltration system to the elevation of seasonal high groundwater
or the top of bedrock.
[g]
Areas within 400 feet of a community water system
well as specified in § NR 811.12(5). Wis. Admin. Code, for
runoff infiltrated from commercial, industrial and institutional land
uses or regional devices for residential development.
[h]
Areas where contaminants of concern, as defined
in § NR 720.03(2), Wis. Admin. Code, are present in the
soil through which infiltration will occur.
[i]
Any area where the soil does not exhibit one of
the following characteristics between the bottom of the infiltration
system and the seasonal high groundwater and top of bedrock: at least
a five foot soil layer with 10% fines or greater. This provision does
not apply where the soil medium within the infiltration system provides
an equivalent level of protection and does not prohibit infiltration
of roof runoff.
[5]
Alternate use of runoff. Where alternate uses of runoff are
employed, such as for toilet flushing, laundry or irrigation, such
alternate use shall be given equal credit toward the infiltration
volume required by this section.
[6]
Minimizing groundwater pollution. According to Ch. NR 151, Wis.
Admin. Code, infiltration systems designed in accordance with this
section shall, to the extent technically and economically feasible,
minimize the level of pollutants infiltrating to groundwater and shall
maintain compliance with the preventive action limit at a point of
standards application in accordance with Ch. NR 140, Wis. Admin. Code.
However, if site specific information indicates that compliance with
the preventive action limit is not achievable, the infiltration system
may not be installed or shall be modified to prevent infiltration
to the maximum extent practicable.
(f)
Projects regulated by Chapters 405, Floodplain Regulation, and 435, Shoreland-Wetland Zoning, must comply with the following regulations.
[1]
In this subsection, "protective area" means an area of land
that commences at the top of the channel of lakes, streams and rivers,
or at the delineated boundary of wetlands, and that is the greatest
of the following widths, as measured horizontally from the top of
the channel or delineated wetland boundary to the closest impervious
surface. However, in this subsection, "protective area" does not include
any area of land adjacent to any stream enclosed within a pipe or
culvert, such that runoff cannot enter the enclosure at this location.
[a]
For outstanding resource waters and exceptional
resource waters, and for wetlands in areas of special natural resource
interest as specified in § NR 103.04, 75 feet.
[b]
For perennial and intermittent streams identified
on a United States Geological Survey 7.5-minute series topographic
map, or a county soil survey map, whichever is more current, 50 feet.
[c]
For lakes, 50 feet.
[d]
For highly susceptible wetlands, 50 feet. Highly
susceptible wetlands include the following types: fens, sedge meadows,
bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands,
fresh wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineation shall be made in accordance with
§ NR 103.08(1m), Wis. Adm. Code. This subsection does not
apply to wetlands that have been completely filled in accordance with
all applicable state and federal regulations. The protective area
for wetlands that have been partially filled in accordance with all
applicable state and federal regulations shall be measured from the
wetland boundary delineation after fill has been placed.
[e]
For less susceptible wetlands, 10% of the average
wetland width, but no less than 10 feet nor more than 30 feet. Less
susceptible wetlands include degraded wetlands dominated by invasive
species such as reed canary grass.
[f]
In Subsection
B(2)(f)[1][a]. [d] and [e], determinations of the extent of the protective
area adjacent to wetlands shall be made on the basis of the sensitivity
and runoff susceptibility of the wetland in accordance with the standards
and criteria in § NR 103.03, Wis. Adm. Code.
[g]
For concentrated flow channels with drainage areas
greater than 130 acres, 10 feet.
[2]
This subsection applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection B(2)(f)[4].
[3]
The following requirements shall be met:
[a]
Impervious surfaces shall be kept out of the protective
area to the maximum extent practicable. The stormwater management
plan shall contain a written site specific explanation for any parts
of the protective area that are disturbed during construction.
[b]
Where land disturbing construction activity occurs
within a protective area, and where no impervious surface is present,
adequate sod or self-sustaining vegetative cover of 70% or greater
shall be established and maintained. The adequate sod or self-sustaining
vegetative cover shall be sufficient to provide for bank stability,
maintenance of fish habitat and filtering of pollutants from upslope
overland flow areas under sheet flow conditions. Nonvegetative materials,
such as rock riprap, may be employed on the bank as necessary to prevent
erosion such as on steep slopes or where high velocity flows occur.
(NOTE: it is recommended that seeding of nonaggressive vegetative
cover be used in the protective areas. Vegetation that is flood and
drought tolerant and can provide long-term bank stability because
of an extensive root system is preferable. Vegetative cover may be
measured using the line transect method described in the University
of Wisconsin Extension publication No. A3533, titled "Estimating Residue
Using the Line Transect Method.")
[c]
Best management practices such as filter strips,
swales or wet detention basins that are designed to control pollutants
from nonpoint sources may be located in the protective area. (NOTE:
other regulations, such as Ch. 30, Wis. Stats., and Chs., NR 103,
115, 116 and 117, Wis. Adm. Code, and their associated review and
approval process may apply in the protective area.)
[4]
Exemptions. This subsection does not apply to:
[a]
Redevelopment post-construction sites.
[b]
In-fill development areas less than five acres.
[c]
Structures that cross or access surface waters
such as boat landing, bridges and culverts.
[d]
Structures constructed in accordance with § 59.692(1v),
Wis. Stats.
[e]
Post-construction sites from which runoff does
not enter the surface water, except to the extent that vegetative
ground cover is necessary to maintain bank stability. (NOTE: a vegetated
protective area to filter runoff pollutants from post-construction
sites described in Subsection B(2)(f)[4][e] is not necessary since
runoff is not entering the surface water at that location. Other practices
necessary to meet the requirements of this section, such as a swale
or basin, will need to be designed and implemented to reduce runoff
pollutants prior to runoff entering a surface water of the state.)
(g)
Oil and grease control. For all stormwater plans for commercial
or industrial developments and all other uses where the potential
for pollution by oil or grease, or both, exists, the first 0.5 inches
of runoff will be treated using the best oil and grease removal technology
available. This requirement may be waived by the plan reviewer only
when the applicant can demonstrate that installation of such practices
is not necessary and only applies to property in Dane County.
C.
Stormwater management goals. The following standards shall be met
whenever possible:
(1)
For existing development, design practices to retain soil particles
greater than 40 microns on the site (20% reduction) resulting from
a one-year, twenty-four-hour storm event, according to approved procedures,
and assuming no sediment resuspension.
(2)
For street reconstruction, design practices to retain soil particles
greater than 20 microns on the site (40% reduction) resulting from
a one-year, twenty-four-hour storm event, according to approved procedures,
and assuming no sediment resuspension.
D.
Off-site stormwater management.
(1)
Off-site stormwater management is allowed, provided that provisions
are made to manage stormwater by an off-site facility, and provided
that all of the following conditions for the off-site facility are
met:
(a)
The facility is in place;
(b)
The facility is designated and adequately sized to provide a
level of stormwater control that at least meets this article's standards;
(c)
The local approval authority is satisfied that the facility
has a legally obligated entity responsible for its long-term operation
and maintenance.
(2)
Standards for stormwater management as established in this article
shall apply to off-site facilities.
The design of all best management practices required to meet
the requirements of this article shall comply with the following technical
standards:
A.
Natural Resources Conservation Service's "Wisconsin Field Office
Technical Guide, Chapter 4" or its successor.
B.
Applicable construction or erosion control standards by the Wisconsin
Department of Natural Resources.
C.
Wisconsin Department of Natural Resources' "Wisconsin Stormwater
Manual" or its successor.
D.
Any other technical methodology approved by the Dane or Rock County
Conservationist, whichever has jurisdiction for the parcel.
A.
Appeals.
(1)
Appeal by. Any person aggrieved or any officer, department, or of
the City affected by the order, requirement, decision or determination
made by the City administrative authority under this article may appeal
such action to the Plan Commission. For the purpose of this article,
an aggrieved person shall include the applicant and, if different,
the owner of the land subject to this article.
(2)
When. An appeal shall be filed with the City Clerk within 30 days
after the date of the challenged decision, determination or order.
A nonrefundable filing fee of an amount specified in the City's
Fee Schedule[1] shall be paid at the same time the appeal is filed. The
appeal shall be in writing and shall set forth the specific grounds
for the appeal. A copy of the appeal shall also be filed with the
City officer who made or issued the challenged decision, determination,
or order. Within 10 days after an appeal is filed, the Zoning Administrator
shall file with the City Clerk the record upon which the action appealed
from was taken.
[1]
Editor's Note: The current Fee Schedule is on file in the
City Hall.
(3)
Procedure. After an appeal is filed, the City shall fix a time for
hearing the appeal and shall cause to be published a Class 1 notice
of the hearing under Wis. Stats., Ch. 985. Personal notice of the
hearing shall also be given to all parties in interest. Any party
may appear in person or by agent or attorney at the hearing. The City
shall decide the appeal within a reasonable time after the hearing.
(4)
Decision. The Plan Commission may, in conformity with the provisions
of this article, reverse or affirm, wholly or partly, or modify the
order, requirement, decision or determination appealed from and may
make such order, requirement decision or determination as ought to
be made, and shall have all of the powers of the officer from whom
the appeal is taken. The concurring vote of a majority of the Plan
Commission shall be necessary to reverse the order, requirement decision
or determination.
B.
Variances.
(1)
Standards. An applicant may include in an application for a permit a request for a variance from the requirements of § 439-13 or 439-14. No variance shall be granted unless applicant demonstrates, and the City administrative authority finds, that all of the following conditions are present:
(a)
Enforcement of the standards set forth in this article will
result in unnecessary hardship to the landowner or the permittee if
not the same.
(b)
The hardship is due to exceptional physical conditions unique
to the property.
(c)
The granting of the variance will not adversely affect the public
health, safety or welfare, nor be contrary to the spirit, purpose
and intent of this article.
(d)
The project will have no effect on any of the stated purposes of this article as set forth in § 439-4.
(e)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public,
and the private property.
(f)
The net cumulative effect of the variance will not affect downstream
conditions.
(g)
Existing regional facilities are shown to meet the performance
standards of this article.
A.
Permit fees. For either an erosion control permit, a stormwater control permit, or a combination permit, as defined under § 439-12A, a nonrefundable application fee shall be paid by the applicant in an amount as set by the City Council in the current Fee Schedule[1] and based in part on square feet of land disturbed, new
impervious area, and new redevelopment impervious area. Municipal
street and road maintenance projects are exempt from fees required
in this section.
[1]
Editor's Note: The current Fee Schedule is on file in the
City Hall.
B.
Other fees. In addition to the fees specified under Subsection A, the applicant for an erosion control permit, a stormwater control permit, or a combination permit as defined under § 439-12A(1) shall reimburse the City for all administrative, engineering, inspection, consulting, and legal fees incurred by the City in connection with the entire permit and installation process under § 439-12. Delinquent or unpaid charges in excess of any required deposit shall constitute a special charge for services rendered subject to imposition and collection under Wis. Stats., § 66.0627.
A.
CONTRACTOR
LANDOWNER
Definitions. For purposes of this section, the following terms are
defined as follows:
The person performing the stormwater management or erosion
control work, or both.
Includes both the current owner of property subject to a
permit issued under this section and the current permittee if the
permit was issued to an agent of the property owner, unless the context
or subject matter clearly indicates otherwise.
B.
Stop-work order.
(1)
Whenever the City finds any noncompliance with the provisions of
this article, the terms of a permit, or the requirements of an approved
plan ("noncompliance"), the City administrative authority shall attempt
to communicate with the landowner, the contractor, or both if necessary,
to obtain immediate and voluntary compliance. If:
(a)
The landowner and the contractor are not readily available;
(b)
Even though either or both may be readily available, neither
agrees to voluntarily comply immediately; or
(c)
Even though either or both may be readily available and either
or both may be willing to comply, the noncompliance presents an imminent
danger or will cause or threatens to cause bodily injury or damage
to off-site property, including, but not limited to, off-site runoff,
the City administrative authority shall post in a conspicuous place
on the premises, a stop-work order requiring all activity not necessary
to correct the noncompliance to cease immediately until the noncompliance
is corrected.
(2)
The stop-work order shall provide the following information: the
date of issuance, an adequate identification of the property subject
to the stop-work order, the reason for the posting, and the signature
of the City official posting the order.
(3)
Except for an authorized City official, no person may remove a posted
stop-work order from a premises.
(4)
In addition to posting a stop-work order, the City may also provide
notification of the stop-work order to the landowner and the contractor
by serving the stop-work order on either of them by personal service,
by certified mail, or by facsimile transmission.
C.
Corrective work, when.
(1)
If after posting the City serves a stop-work order on the landowner
or the contractor by personal service or facsimile transmission, both
shall be responsible for correcting the noncompliance within 24 hours
after such service. Serving by facsimile is complete upon transmission.
(2)
If after posting the City serves a stop-work order on the landowner
or the contractor by certified mail, both the landowner and the contractor
shall be responsible for correcting the noncompliance within 72 hours
after such service. Serving by certified mail is complete upon mailing.
(3)
If the City only posts the stop-work order in a conspicuous place
on the site, both the landowner and the contractor shall be responsible
for correcting the noncompliance within 72 hours after such posting.
D.
If any noncompliance is not corrected within the appropriate time period specified in Subsection C, the City may take any action, perform any work, or commence any operations necessary to bring the property into conformance with the provisions of this article, the terms of the outstanding permit, or the requirements of the approved plan, or any combination of them. The landowner shall reimburse the City for the total cost of such actions, collectable if necessary as a special charge upon the property for current services rendered as provided by law. Any permit issued under this article shall constitute permission by the landowner for the City to undertake any such actions and consent by the landowner to reimburse the City for the costs of such actions taken, including the assessment of such costs as a special charge.
E.
If the landowner has filed an appeal under § 439-16A(1) prior to the expiration of the time for compliance under Subsection C, the City may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
A.
Forfeitures.
(1)
Any person firm, company or corporation who violates, disobeys, omits,
neglects or refuses to comply with or resists the enforcement of any
of the provision of this article, any approved plan, or the terms
of a permit shall be subject to a forfeiture, of not more than $50,
together with the costs of prosecution and applicable penalty assessments,
fees and surcharges. The forfeiture, fees, costs, assessments and
surcharges shall be ordered paid within 60 days. Each day of violation
or noncompliance shall constitute a separate offense.
(2)
If any person who has the ability to pay any forfeiture entered against
him or her under this article but fails to timely pay such forfeiture,
assessments, fees, surcharges and costs of prosecution, the court,
as provided in Wis. Stats. §§ 800.09 and 800.095, may
order such person imprisoned in the county jail until such forfeiture,
costs, assessments, fees and surcharges are paid, not exceeding 30
days, In determining whether an individual has the ability to pay
a forfeiture, all items of income and all assets may be considered
regardless of whether or not such income or assets are subject to
garnishment, lien or attachment by creditors.
B.
Injunctions. As a substitute for or as an addition to forfeiture actions under Subsection A or corrective action under § 439-18C, the City may institute a court action seeking injunctive relief to enforce the provisions of this article. It shall not be necessary for the City to take corrective action or prosecute for a forfeiture before resorting to injunctive relief.
A.
Rules of construction. In construing this article, the following
rules shall be observed unless construction in accordance with the
rule would produce a result inconsistent with the intent of the provision:
(1)
All words and phrases not specific defined in this article shall
be construed according to common and approved usage. Technical words
and phrases having a peculiar meaning in the law shall be construed
according to such meaning.
(2)
The singular includes the plural and the plural includes the singular.
(3)
The present tense of the verb includes the future when applicable.
The future perfect tense includes past and future tenses.
(4)
The word "shall" is mandatory, while the word "may" is permissive.
B.
Computation of time. In computing any period of time prescribed or
allowed by this article, the day of the act, event or default from
which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it
is a day that the City offices are closed, in which event the next
day that the City offices are open shall be treated as the last day
of the period.
C.
Severability. The provisions of this article are severable. If any
provision is invalid, or if the application to any person or circumstance
is invalid, such invalidity shall not affect other provisions or applications
which can be given effect without the invalid provision or application.
[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 20.31 through 20.42
of the 1993 Municipal Code)]
This article is adopted under the authority granted by § 62.234,
Wis. Stats.
A.
Findings. The Council finds runoff from land disturbing and subsequent
development of property carries a significant amount of sediment and
other pollutants to the waters and rights-of-way of the state and
this City. This type of activity can also result in a change in runoff
patterns that may have a detrimental effect on water quality and downstream
properties.
B.
Intent. The intent of this article is to require erosion control
practices that will reduce the amount of sediment and other pollutants
leaving sites during land development or land disturbance activities.
This article applies to all land disturbing activities and land development
activities.
C.
Purpose. It is the purpose of this article to preserve the natural
resources; to protect the quality of the waters of the state and the
City; and to protect and promote the health, safety and welfare of
the people, to the extent practicable by minimizing the amount of
sediment, soil loss, and other pollutants carried by runoff or discharged
from land disturbing and subsequent development of property to lakes,
streams and wetlands.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This article applies to land disturbing and land developing activities of lands within the boundaries and jurisdiction of the City for that portion of the City in Rock County. Erosion control regulations for land located within the boundaries and jurisdiction of the City in Dane County is regulated by Article I, Stormwater Management and Erosion Control (Dane County), of this chapter. In addition, this article applies to activities unrelated to actual building construction, such as, but not limited to, land disturbing activity prior to excavation for foundation work, landscaping, installation of driveways, parking areas, and sidewalks, extensive earthwork on sites not directly related to structural concerns, developments of ponds and channelized watercourses, and commercial parks. The City may enter into intergovernmental agreements pursuant to § 66.0301, Wis. Stats., with other governmental entities to enhance enforcement of this article.
[Amended by Ord. No. 97-3; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Once a UDC building permit has been issued, the City of Edgerton
shall regulate these sites according to § SPS 321.125, Wis.
Adm. Code. Prior to receiving the UDC permit, such sites shall be
regulated by this article.
As used in this article, the following terms shall have the
meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A landowner or land user, or authorized agent thereof, who
submits an application for a permit to undertake a land disturbing
or land developing activity subject to this article.
The Public Works Director, the City Engineer, or any other
City employee or official assigned or charged with the responsibility
or administering and enforcing the requirements of this article or
any independent contractor retained by the City for such purpose.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this article, including those specifically required in § 439-29A and B thereof, as to items to be submitted by the applicant for review and approval by the City administrative authority.
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place by one
person or by two or more persons maintaining a common household, to
the exclusion of all others.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The Plan Commission of the City.
A control measure used to meet the requirements of § 439-28B of this article.
The construction of buildings, structures, roads, parking
lots, paved storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetation cover, excavating, filling and grading, but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
Any person holding title to or having an interest in land.
Any use of land that is not residential.
The Public Works Director of the City of Edgerton or his
representative.
Use of land for the placement of a dwelling unit or units.
The rainfall, snow melt or irrigation water flowing over
ground surface.
Lakes, perennially flowing and intermittent streams or wetlands.
The entire area included in the legal description of land
on which the land disturbing or land development activity is proposed
in the permit application.
The rate measured in tons per acre per year, at which soil
movement occurs as a result of sheet or rill erosion and does not
apply to ditches or areas of concentrated flow.
Water discharged from any fixture, appliance, area or appurtenance.
All control measures required to comply with this article shall
meet the design criteria, standards and specifications as set forth
in the Department of Natural Resources Wisconsin Construction Site
Best Management Practice Handbook or as otherwise adopted by the City
administrative authority.
All sedimentation basins and other control measures necessary
to meet the requirements of this article shall be maintained by the
applicant or subsequent landowner/user during the period of land disturbance
and development of the site in a manner satisfactory to the City administrative
authority for the City. The standards for the maintenance of control
measures shall be as set forth in the Department of Natural Resources
Wisconsin Construction Site Best Management Practice Handbook or as
otherwise adopted by the City administrative authority.
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
(1)
Those lands wherein lots are created by a subdivision plat approval
for the construction of residential and nonresidential land uses,
including, but not limited to, buildings.
(2)
Those lands wherein lots are created by a certified survey map approval
for the construction of residential and nonresidential land uses,
including but not limited to, buildings.
(3)
Those lands wherein lots are created by a metes and bounds description
for the construction of residential or nonresidential land uses, including,
but not limited to, buildings.
(4)
Those activities involving grading removal of protective ground cover
or vegetation, excavation, land filling or other land disturbing activity
affecting a surface area of 4,000 square feet or more or activities
on a slope of 12% or greater.
(5)
Those activities involving excavation or filling or a combination
of excavation and filling affecting 400 cubic yards or more of dirt,
sand or other excavation or fill material.
(6)
Those activities involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(7)
Those activities involving the laying, repairing, replacing or enlarging
of an underground pipe or facility for a distance of 300 feet or more.
(8)
Those activities involving grading, excavation and landfilling of
more than 15 cubic yards and removal of protective ground cover or
vegetation, or land disturbing activity within 1,000 feet from the
boundary of a lake and 300 feet from a river, natural pool, stream,
pond or wetland.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in § 439-28A above.
(1)
Site dewatering. Water pumped from the site shall be treated by control
measures specified in the Wisconsin Construction Site Best Management
Practice Handbook. If the water is demonstrated to have no particles
greater than 100 microns during dewatering operations, then no control
is needed before discharge, except as determined by the City administrative
authority. Water may not be discharged in a manner that causes erosion
of the site, adjacent land or receiving channels.
(2)
Waste and material disposal. All waste and unused building materials,
including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials, shall be properly disposed of and not allowed
to be carried by runoff into a receiving channel or storm sewer system.
(3)
Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end or each workday.
(4)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier meeting accepted
design criteria standards and specifications.
(5)
Site erosion control. The following criteria apply only to land development
or land disturbing activities that result in runoff leaving the site.
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(5)(c)[3] below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the two year, twenty-four-hour storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, Natural Resources Conservation Service guidelines shall be followed.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(5)(c)[1] and [2] or Subsection B(5)(c)[1] and [3] below.
[1]
Where activities will result in disturbed ground being left
inactive for 10 or more days, positive controls for keeping all erosion
on site, including such measures as placement of silt fences, hay
bales, detention basins, phased construction or stabilization of the
disturbed ground with temporary or permanent seeding; temporary or
permanent seeding and mulching; sodding or covering with tarps shall
be employed to the satisfaction of the City administrative authority
for the City. Seeding without mulch may be allowed if the seeding
is started and completed between May 1 and September 15. If temporary
seeding is used, a permanent cover shall also be required as part
of the final site stabilization. Seeding or sodding shall be conducted
as specified in the Department of Natural Resources Wisconsin Construction
Site Best Management Practice Handbook or by the City administrative
authority. Variances from the requirements of this subsection may
be granted by the City administrative authority upon application,
but only if the applicant's failure to comply is due to extended periods
of rain or other construction delays beyond the control of the responsible
party.
[2]
For sites with 10 or more acres disturbed at one time or if
a channel originates in the disturbed area, one or more sedimentation
basins shall be constructed in addition to other erosion control measures.
Each sedimentation basin shall be designed and constructed as specified
in the Department of Natural Resources Wisconsin Construction Site
Best Management Practice Handbook.
[3]
For sites with less than 10 acres disturbed at one time, filter
fences, straw bales or equivalent control measures shall be placed
along all side slope and down slope sides of the site. If a channel
or area of concentrated runoff passes through the site, filter fences
shall be placed along the channel edges to reduce sediment reaching
the channel.
(d)
Runoff from sites on slopes of 12% or more may require additional or different controls than listed in Subsection B(5)(c) above. Control measures for such slopes require approval of the City administrative authority.
(e)
Any soil or dirt storage piles containing more than 10 cubic
yards of material should not be located with a downslope drainage
length of less than 25 feet to a roadway or drainage channel. Straw
bales or filter fence barriers shall be placed immediately on the
down slope side of the piles. If remaining for more than 30 days,
they shall be stabilized by mulching, vegetative cover, tarps or other
means. Where soil or dirt storage piles resulting from in-street utility
repairs are located closer than 25 feet to a roadway or drainage channel,
adequate control measures shall be taken to prevent erodible materials
from entering the adjacent ditch or storm sewer system. Storm drain
inlets must be protected with straw bales or other appropriate filtering
barriers. If any soil or dirt storage pile described in this subsection
is in existence for more than six months, the filter fabric or straw
bales shall be replaced upon orders of the City administrative authority.
At least one landowner or land user controlling or using the
site and desiring to undertake a land disturbing or land developing
activity subject to this article shall submit an application for a
permit along with a control plan or control plan statement as hereinafter
required and pay a permit fee to the City administrative authority
prior to the start of any land disturbing activity. The act of submitting
an application does, as part thereof, authorize the City administrative
authority to enter the site to obtain information required for the
review of the control plan. After the initial review, the applicant
may file supplemental information with the City administrative authority
to comply with directives from the City administrative authority.
A.
Control plan required for land disturbing and land development activities
covering one or more acres. A control plan for land disturbing and
land development activities covering one or more acres is required
which shall include:
(1)
Existing site map. A map of existing site conditions on a scale of
at least one inch equals 100 feet showing the site and immediately
adjacent areas, the same to include such of the following as exist
or are pertinent thereto:
(a)
Site boundaries and adjacent lands which accurately identify
site locations.
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
(c)
One-hundred-year regional flood fringe district and regional
floodway district.
(d)
Vegetative cover.
(e)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site.
(f)
Locations and dimensions of utilities, structures, roads, highways
and paving.
(g)
Site topography at a contour interval not to exceed two feet.
(2)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes which
shall include items such as the following:
(3)
Site construction plan. A site construction plan, including:
(a)
Locations and dimensions of all proposed land disturbing and
land development activities.
(b)
Locations and dimensions of all temporary soil or dirt stockpiles.
(c)
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of this article.
(d)
Schedule of anticipated starting and completion date of each
land disturbing or land developing activity, including the installation
of construction site control measures needed to meet the requirements
of this article.
(e)
Provisions for maintenance of the construction site control
measures during construction.
(f)
Time schedule for stabilization of ditches and slopes.
(g)
Description of methods and steps by which sites are to be developed,
indicating how the project will be phased to minimize the extent of
area disturbed throughout the construction period.
(h)
Special provisions fore erosion control practices and maintenance
on sites adjacent to wetlands or surface water bodies and any proposed
modifications to approved plans or alterations to accepted sequencing
of land disturbing activities at the site be approved by the City
administrative authority prior to implementation of said changes.
(i)
Fertilizer, mulching and seeding rates.
(j)
Plans shall adhere to the following minimum standards:
[1]
Prevent gully erosion and limit total off-site permissible annual
aggregate soil loss for exposed area resulting from sheet and rill
erosion to an annual, cumulative rate not to exceed 15 tons per acre
per year for construction commencing between May 1 and October 31
each year and not to exceed 7.5 tons per acre per year for construction
commencing between November 1 and April 30 each year. Where sites
are located adjacent to or directly drain into sensitive areas, the
annual cumulative rate shall not exceed 7.5 tons per acre per year
regardless of the starting date of the project;
[2]
Plan compliance under § 439-29A(1) shall be determined using the Natural Resource Conservation Service technical guide or other commonly accepted soil erosion control methodology approved by the City administrative authority, which includes the following considerations: season of year; site characteristics; soil erodibility and slope; and
[3]
For internally drained sites, erosion control measures for plan
approval need not attempt to regulate soil transportation within the
limits of the disturbed area.
B.
Control plan statement required for land disturbing and land development
activities covering less than one acre. An erosion control plan statement
(with site plan) shall be submitted which shall briefly describe the
site and erosion controls, including the proposed site development
schedule, that will be used to meet the requirements of this article
if the site does not drain directly into a sensitive area and does
not have a slope that will be disturbed that is in excess of 12%.
C.
Permits.
(1)
Application. No person may begin a land disturbing or a land development
activity subject to this article, and no person shall receive a zoning
permit without having received prior approval of an erosion control
plan. The applicant shall submit an application for an erosion control
plan along with a proposed erosion control plan and pay the application
fee. By submitting an application, the applicant authorizes the City
administrative authority to enter the site to obtain specific information
required for an informed review of the erosion control plan.
(2)
Review of control plan. If the development for which the permit is
sought is a land division having public improvements, the control
plan shall be submitted with the construction plans and approved as
part of the construction plans. Where a permit is sought under circumstances
other than through a land division, within 15 days of receipt of the
application and control plan, or control plan statement and fee, the
City administrative authority shall review the application and control
plan or control plan statement to determine if the requirements of
this article are met. If conditions are met, the City administrative
authority shall approve the plan shown in the control plan or control
plan statement, inform the applicant and issue a permit. If the conditions
are not met, the City administrative authority shall inform the applicant
in writing and may either require needed information or disapprove
the plan. Within 10 days of receipt of needed information, the City
administrative authority shall again determine if the plan meets the
requirements of this article. If the plan is disapproved, the City
administrative authority shall inform the applicant in writing of
the reasons for the disapproval.
(3)
Duration. Permits 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 City administrative
authority may extend the period one or more times for up to an additional
180 days. The City administrative authority may require additional
control measures as a condition of the extension if they are necessary
to meet the requirements of this article.
(4)
Letter of credit or other security. As a condition of approval and
issuance of the permit, the City administrative authority may require
the applicant to deposit an irrevocable letter of credit or other
equally acceptable surety to guarantee a good faith execution of the
approved control plan and any permit conditions.
(5)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the City administrative authority within 48 hours prior
to any land disturbing and land developing activity.
(b)
Notify the City administrative authority of completion of any
control measures within 24 hours after their installation.
(c)
Obtain permission, in writing, from the City administrative
authority prior to modifying the control plan.
(d)
Install all control measures as identified in the approved control
plan prior to land disturbance.
(e)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan.
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities.
(g)
Inspect the construction control measures after each rain of
0.5 inch or more and at least once each week and make needed repairs.
(h)
Allow the City administrative authority to enter the site for
the purpose of inspecting compliance with the control plan or for
performing any work necessary to bring the site into compliance with
the control plan.
(i)
Keep a copy of the control plan on the site.
(6)
Fees. Permit fees shall be in such amounts as the City Council may
establish from time to time by resolution or ordinance, together with
such other charges as may be incurred for consultant review.
(7)
Transfer of ownership. When a permittee transfers ownership, possession
or control of property subject to an erosion control plan, the party
who is successor in interest to any portion of said real estate shall
bear responsibility to control soil erosion and shall comply with
the approved plan and standards of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City administrative authority shall inspect construction
sites 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 control
plan. If land disturbing or land development activities are being
carried on without a permit the City administrative authority shall
enter the land pursuant to the provisions of § 66.0119,
Wis. Stats.
A.
The City administrative authority may post a stop-work order if:
B.
If the permittee does not cease the activity or comply with the control
plan or permit conditions within 10 days, the City administrative
authority may revoke the permit.
C.
If the landowner or land user, where no permit has been issued, does
not cease the activity within 10 days, the City administrative authority
may request the City Attorney to obtain a cease-and-desist order.
D.
The City administrative authority or the Plan Commission may retract
the stop-work order or the revocation.
E.
Ten days after posting a stop-work order, the City administrative
authority may issue a notice of intent to the permittee or landowner
or land user of the City administrative authority's intent to perform
work necessary to bring the project into compliance with this article.
The City administrative authority may go on the land and commence
the work after seven days from issuing the notice of intent. The costs
of the work performed by the City administrative authority, plus interest
at the rate authorized by the Plan Commission, shall be billed to
the permittee or the landowner. In the event a permittee or landowner
fails to fully pay the amount due, inclusive of interest, within 60
days of the date of the billing therefor, the City Administrator shall
enter the amount due on the tax rolls and collect the same as a special
charge against the property, pursuant to § 66.0627, Wis.
Stats.
F.
Any person violating any of the provisions of this article shall be subject to penalties set forth in § 439-33 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Compliance with the provisions of this article may also be enforced
by injunction, abatement of nuisances, or other appropriate and available
remedy.
A.
Plan commission.
(1)
The Plan Commission shall act as the Erosion Appeals Board for this
article.
(2)
The Commission shall hear and decide appeals where it is alleged
that there is error in any order, decision or determination made by
the City administrative authority in administering this article.
(3)
Upon appeal, the Committee may authorize variances from the provisions
of this article which are not contrary to the public interest and
where, owing to special conditions, a literal enforcement of the provision
of this article will result in unnecessary hardship.
B.
Procedure.
(1)
Upon disapproval of a control plan by the City administrative authority,
the applicant may appeal to the Plan Commission, in its capacity as
the Erosion Appeals Board, by submitting a written request therefor
to the Public Works Director not more than 30 days from date of the
department's sending/delivering written disapproval of the plan. The
Commission shall consider the appeal at its next regularly scheduled
meeting.
(2)
Upon the posting of a stop-work order pursuant to § 439-31A of this article, the landowner or land user may appeal to the Plan Commission, in its capacity as the Erosion Appeals Board, by submitting a written request therefor to the Public Works Director not more than five days after the stop-work order was posted. The Committee shall consider and hear the appeal not less than five days nor more than 15 days after submission of the written request.
C.
Who may appeal. Appeals to the Plan Commission, in its capacity as
the Erosion Appeals Board, may be taken by any landowner or land user,
or authorized agent thereof, or by other aggrieved person(s), or other
officer, department, board, commission or committee of the City affected
by any decision of the City administrative authority under this article.
D.
Appeal fee. A fee in such amount as the City Council may establish shall be required to any landowner or land user, or authorized agent thereof, or by other aggrieved person(s), making request for hearing of his or her appeal before the Plan Commission, in its capacity as the Erosion Appeals Board, pursuant to § 439-32C of this section, said fee to be payable at time of making request therefor of the Public Works Director. Such fee shall not be required as to intra-administration officers, departments, boards, commissions or committees of the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person, firm or corporation who fails to comply with the
provisions of this article or any order of the Public Works Director
issued in accordance with this article or resists enforcement shall,
upon conviction thereof, forfeit not more than $50 and costs of prosecution
for each violation and in default of payment of such forfeiture and
costs may be imprisoned in the Rock County Jail until payment thereof,
but not exceeding 30 days or may have their driver's license suspended
or the court may impose any other penalty as provided by state statute.
Each day a violation exists or continues shall constitute a separate
offense.
