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.