A.
Intent. The intent of this article is to require erosion and sediment
control practices that will reduce the amount of sediment and other
pollutants leaving the construction sites during all land-disturbing
construction activities, and to ensure appropriate stormwater management
systems.
B.
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
Town; and to protect and promote the health, safety and welfare of
the people, to the extent practicable, by minimizing the amount of
sediment and other pollutants carried by runoff or discharged from
construction sites to lakes, streams and wetlands.
C.
Applicability.
(1)
This article applies to, but is not limited to, the following land-disturbing construction activities except as provided under Subsection C(2):
(a)
A construction site requiring plat or certified survey map approval,
which has one or more acres of land-disturbing construction activity.
(b)
Activities involving grading, removal of protective ground cover
or vegetation, excavation or land filling.
(c)
Road construction and activities involving the laying, repairing,
replacing or enlarging of an underground pipe or facility.
(2)
This chapter does not apply to the following:
(a)
Land-disturbing construction activity that includes the construction
of a building and is otherwise regulated by the Wisconsin Department
of Commerce under § Comm 21.125 or 50.115, Wis. Adm. Code.
(b)
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Chapter 40, Code of Federal
Regulations, Part 122, for land-disturbing construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
Routine maintenance for project sites under five acres of land
disturbance if performed to maintain the original line and grade,
hydraulic capacity or original purpose of the facility.
(3)
Notwithstanding the applicability requirements in Subsection C(1), this chapter applies to construction sites of any size that, in the opinion of the Town of St. Joseph, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increase water pollution by scouring or the transportation of particulate matter or that endanger property or public safety.
D.
Authority. The requirements of this chapter do not preempt more stringent
erosion and sediment control and stormwater management requirements
that may be imposed by any of the following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
A.
Design criteria, standards and specifications of erosion and sediment
control measures. All erosion and sediment control measures required
to comply with this article shall meet the design criteria, standards
and specifications based on the following. If technical standards
contained in the following documents conflict, the governing document
shall be determined based on the order presented. Those technical
standards with the highest priority shall prevail.
(1)
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Erosion and Sediment Control Standards.
(2)
Applicable design criteria, standards and specifications identified
by St. Croix County Land and Water Conservation Department.
(3)
Applicable design guidance and technical standards identified or
developed by the Wisconsin Department of Natural Resources under Subchapter
V of Chapter NR 151, Wis. Adm. Code.
(4)
Applicable design criteria, standards and specifications identified
in the Wisconsin Department of Transportation Specifications and Facility
Design Manuals.
(5)
Applicable design criteria, standards and specifications identified
by the Town of St. Joseph Engineer.
B.
Maintenance of erosion and sediment control measures. All erosion
and sediment control measures necessary to meet the requirements of
this article shall be maintained by the applicant or subsequent landowner
until the time of vegetation establishment in a satisfactory manner
to ensure adequate performance and to prevent nuisance conditions.
C.
Site erosion and sediment control.
(1)
Channelized runoff from adjacent areas passing through the construction
site shall be diverted around disturbed areas, if practical. Otherwise,
a sedimentation basin shall be constructed with a surface area of
at least 1% of the area draining to the basin and at least three feet
of depth. Sediment shall be removed periodically to maintain a depth
of three feet. The basin discharge rate shall also be sufficiently
low so as not to cause erosion along the discharge channel or the
receiving water.
(2)
Tracking of sediment onto a public road shall be removed by a street
sweeper before the end of each workday. Each site shall have graveled
roads, drives and parking areas of sufficient width and length to
prevent sediment from being tracked onto public roadways. Sediment
not removed in a timely manner is subject to removal by the Town;
the cost of such removal to be charged to the property owner.
(3)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(4)
All disturbed ground left inactive for 14 or more days shall be stabilized
by seeding and mulching or other equivalent control measures. All
disturbed ground left inactive for seven or more days located within
areas zoned Residential Preservation or Residential Transition shall
be stabilized by seeding and mulching or other equivalent control
measures. The methods chosen to stabilize the soils shall be suitable
enough so that they provide adequate protection of the soil until
the time of vegetation establishment. Suitable conditions are considered
as those that prevent rills on the soil surface and maintain sheet
flow.
(6)
Areas of concentrated flow discharging to surface waters or off-site
property shall be stabilized within 200 feet of the surface water
or off-site property within a period of 24 hours.
(7)
During roadway and driveway construction, silt fences, sediment logs,
triangular silt dikes or equivalent control measures shall be placed
along all side-slope and down-slope sides of the site. See Standard
Specifications and Detail Plates.
D.
Construction site waste.
(1)
Solid waste. All waste and unused building materials (including,
but not limited to, collected sediment, asphalt and concrete millings,
floating debris, paper, plastic, fabric, demolition debris) must be
disposed of properly and shall comply with disposal requirements of
the Wisconsin Department of Natural Resources under Chs. NR 500-538,
Wis. Adm. Code.
(2)
Hazardous/toxic materials. Oil, gasoline, paint and any hazardous
substances must be properly stored, including secondary containment,
to prevent spills, leaks or other discharges. Access to storage areas
for these materials must be restricted in order to prevent vandalism.
All storage and disposal of hazardous or toxic materials must be in
compliance with requirements of the Wisconsin Department of Natural
Resources under Chs. NR 660-679, Wis. Adm. Code.
(3)
External washing of any equipment shall be limited to a defined area
of the site. All runoff must be contained. Waste must be disposed
of properly. No engine degreasing shall be allowed on the site.
E.
Design criteria, standards and specifications of stormwater management.
Stormwater management plans shall be submitted over the signature
and seal of a registered professional engineer or surveyor. The application
materials shall require the registered professional engineer or surveyor
to commit control features shown on the approved plans, and to certify
over the professional seal of the registered professional engineer
or surveyor that the "as built" conditions substantially conform with
the approved plans. This certification shall not release the subdivider
from the responsibility to construct in accordance with approved plans
until Town and county inspections have been made, and approval of
"as built" conditions has been given by the public agencies. If technical
standards contained in the following documents conflict, the technical
standards with the highest requirements shall prevail:
(1)
Applicable design criteria, standards and specifications identified
by St. Croix County ordinances.
(2)
Applicable design criteria, standards and specifications identified
by St. Croix County Land and Water Conservation Department.
(3)
Applicable design guidance and technical standards identified or
developed by the Wisconsin Department of Natural Resources.
(4)
Applicable design criteria, standards and specifications identified
in the Wisconsin Department of Transportation Specifications and Facility
Design Manuals.
(5)
Applicable design criteria, standards and specifications identified
by the Town of St. Joseph Engineer.
F.
Preservation practices. The BMPs utilized by an applicant shall include an appropriate combination of those provided in Subsection F(1) and (2) below to achieve the performance standards as required by the Town and other review entities.
(1)
Utilize permeable areas and pretreatment to allow more infiltration
of runoff into the ground through such means as:
(a)
Reduced imperviousness.
(b)
Infiltration basins and trenches.
(c)
Rainwater gardens.
(d)
Permeable pavement.
(e)
Sand and organic filters.
(f)
Bioretention areas.
(g)
Enhanced swales.
(h)
Dry storage ponds with underdrain discharge.
(i)
Natural depressions.
(j)
Green roofs.
(k)
Other techniques as approved by the Town Engineer.
(2)
Direct runoff to permeable areas and/or utilize stormwater storage
for reuse or infiltration by such means as:
(a)
Orienting roof runoff towards permeable surfaces, or other best
management practices rather than directly to driveways or nonpermeable
surfaces so that runoff will penetrate into the ground instead of
flowing off site.
(b)
Grading impervious surfaces to direct runoff to permeable areas,
utilizing level spreaders or other methods to distribute the impervious
runoff over pervious surfaces.
(c)
Using cisterns, retention structures, or rooftops to store precipitation
or runoff for reuse.
(d)
Removing or designing curbs, berms or the like so as to avoid
isolation of permeable or landscaped areas.
(3)
General standards.
(a)
The overall design of the site shall support the function and
performance of the proposed BMP, by minimizing or disconnecting impervious
cover, implementing source controls, and utilizing preservation practices
that reduce the quantity and adverse quality effects of runoff generated
by the site.
(b)
Pretreatment is required for all infiltration/filtration BMPs,
except for uncontaminated roof runoff. Pretreatment techniques include
a vegetated filter strip for overland flow, or a small sedimentation
basin, structural water quality device (such as a hydrodynamic separator),
or vegetated filter strip for piped flow.
(c)
A plan for the maintenance of all BMPs requiring ongoing maintenance
shall be submitted. The maintenance plan is subject to the review
and recommendation of the Town Engineer and the review and approval
of the Town Board prior to the Town accepting responsibility for such
BMPs.
A.
No construction shall commence without receiving prior approval of
an erosion and sediment control plan and stormwater management plan
for the construction activity and a permit from the Town and approval
from St. Croix County Planning and Zoning Committee. An application
shall be submitted along with an erosion and sediment control plan,
stormwater management plan and application fee. If this construction
is part of a plat or certified survey map, these must be submitted
with the preliminary plat and certified survey map. By submitting
an application, the applicant is authorizing the Town personnel and
agents to enter the site to obtain information required for the review
of the control plan.
B.
Content of the erosion and sediment control plan and stormwater management
plan shall consist of a site map on a scale of at least one inch equals
100 feet showing the site and immediately adjacent areas; lakes, streams,
wetlands and other watercourses and any floodplains and floodways;
predominant soil types; vegetative cover; natural drainage patterns
on and immediately adjacent to the site; locations and dimensions
of roads and driveways; site topography at a contour interval not
to exceed five feet; site construction plan, including locations and
dimensions of all proposed land-disturbing activities, all temporary
dirt stockpiles, all construction site management control measures
necessary to meet the requirements of this article, schedule of anticipated
starting and completion dates of construction activity, including
the installation of construction site control measures needed to meet
the requirements of this article and provisions for maintenance of
the construction site control measures during construction.
C.
Town review. Within 45 days of receipt of the application, erosion
and sediment control plan, stormwater management plan and fee, the
Town shall review the application and plan to determine if the requirements
of this article are met. The Town shall approve the plan and issue
a permit. If the conditions are not met, the Town shall inform the
applicant and may either require needed information or disapprove
the plan.
D.
Financial guaranty. Permits shall be valid for a period of time as
approved by the Town. As a condition of the approval and issuance
of the permit and if St. Croix County is not the overseeing entity,
the Town shall require the applicant to provide either an irrevocable
letter of credit or cash escrow to guarantee a good faith execution
of the approved erosion and sediment control plan and stormwater management
plan and any permit conditions in the amount of 150% of the cost of
constructing the improvements of erosion and sediment control practices.
E.
Stop-work order.
(1)
The Town may post a stop-work order if:
(2)
If the permittee does not cease the activity or comply with the erosion
and sediment control plan and stormwater management plan or permit
conditions within 10 days, the Town may revoke the permit. Ten days
after posting a stop-work order, the Town may issue a notice of intent
to the permittee of the Town's intent to perform work necessary
to comply with this article. After 14 days from issuing the notice
of intent, the Town may commence corrective measures. The costs of
the work performed by the Town shall be paid for by the financial
guaranty. Any costs over and above the financial guaranty shall be
charged to the property owner.
F.
Inspection. The permittee shall inspect, or cause to be inspected,
the erosion and sediment control measures within 24 hours after each
rain of 1/2 inch or more which results in runoff during active construction
periods and at least once each week, make needed repairs and document
the finding of the inspections in a site erosion control log with
the date of inspection, the name of the person conducting the inspection
and a description of the present phase of the construction of the
site.
