[Adopted 5-2-2023 by Ord. No. 23-09]
The Town Square Programing Commission shall consist of seven voting members and shall be staffed by the Director of Parks and Recreation and the Programming Events Coordinator who shall be non-voting members of the Commission. All members shall be appointed by the Mayor, with the approval of the Common Council. One member shall be designated by the Watertown Chamber of Commerce, one member shall be designated by the Watertown Redevelopment Authority, one member shall be designated by the Watertown Tourism Commission, one member shall be designated by the Watertown Main Street Program, the remaining three members shall be selected by the Mayor with approval of the Common Council provided that one member on the Commission shall be an Alderperson, one member shall be a member of the Parks and Recreation Commission, and one member shall reside within the boundaries of the Watertown Unified School District.
The terms of office for each member of the Commission shall be three years, except that the Aldermanic member of the Commission shall be appointed annually by the Mayor. All terms shall commence effective May 1 of the year of appointment. Except that the initial members of the Commission shall serve reduced terms as follows:
A. 
The designees from the Watertown Chamber of Commerce and Watertown Redevelopment Authority shall serve an initial term of May 1, 2023 to May 1, 2024;
B. 
The designee from Watertown Tourism Commission and the Mayor's appointment of a member of the Parks and Recreation Commission shall serve an initial term of May 1, 2023 to May 1, 2025; and
C. 
The designee from Watertown Main Street Program and the Mayor's appointment of a member who resides within the boundaries of the Watertown Unified School District shall serve an initial term of May 1, 2023 to May 1, 2026.
The duties of the Commission shall be as follows:
A. 
Solicit community input regarding programs the community would be interested in seeing held at the Bentzin Family Town Square.
B. 
Provide guidance to the Programming Events Coordinator regarding types of entertainment bookings and event programing the City is interested in seeing held at the Bentzin Family Town Square.
C. 
The Commission shall exercise broad responsibility for the maintenance and improvement of the Bentzin Family Town Square to better serve the City.
D. 
The Commission is authorized to create and appoint advisory groups to make studies and to disseminate information on all of its activities. Such groups shall serve without compensation.
E. 
The Commission shall transmit to the Common Council a report annually highlighting the activities at the Bentzin Family Town Square, and also such additional reports as the Commission deems in the public interest.
A. 
This article is adopted under the authority granted by § 62.234, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relates to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this article and to any amendments to this article.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Common Council hereby authorizes the Public Works Director/City Engineer and its designees to administer and enforce the provisions of this article.
D. 
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Common Council finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Watertown.
It is the purpose of this article to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the City of Watertown.
A. 
Applicability.
(1) 
This article applies to the following land-disturbing construction activities except as provided under Subsection A(2):
(a) 
A construction site, which has 3,000 or more square feet of land-disturbing construction activity.
(2) 
This article does not apply to the following:
(a) 
Land-disturbing construction activity that includes the construction of a one- or two-family residential site less than one acre and is otherwise regulated by the Wisconsin Department of Safety and Professional Services.
(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) 
Construction projects that do not result in land-disturbing activity including mill and crush operations that do not have soil disturbance, filling or road shoulder grading.
(f) 
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 A(1), this article applies to construction sites of any size that, in the opinion of the City, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
B. 
Jurisdiction. This article applies to land-disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City of Watertown.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of District Attorney, which is subject to the state plan promulgated or a memorandum of the understanding entered into under § 281.33(2), Wis. Stats.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee or his/her designee that is designated by the City of Watertown to administer this article.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning in § 281.16(1), Wis. Stats.
AVERAGE ANNUAL RAINFALL
A typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WlnSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the City.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the City Hall is routinely and customarily open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of four or fewer parcels or building sites of one or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction site have completed and that a uniform perennial vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
GOVERNING BODY
The City Public Works Commission or the City Council.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
MEP or MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 288-6 of this article.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the City of Watertown to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
PUBLIC WORKS DIRECTOR/CITY ENGINEER
The individual holding the Public Works Director/City Engineer title or his/her designees within the City of Watertown.
RESPONSIBLE PARTY
The landowner or any other entity performing services to meet the requirements of this article through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not draining to a stormwater treatment device or system.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the City which requires that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the City's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
A. 
Design criteria, standards and specifications. All BMPs required to comply with this article shall meet the design criteria, standards and specifications based on any of the following:
(1) 
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.
(2) 
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
B. 
Other standards. Other technical standards not identified or developed in Subsection A may be used provided that the methods have been approved by the City.
A. 
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 288-10 that incorporates the requirements of this section.
B. 
Plan. A written plan shall be developed in accordance with § 288-10 and implemented for each construction site. Simplified plans may be completed for sites with less than one acre of land-disturbing construction activity in accordance with the requirements of this article.
C. 
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
(1) 
Erosion and sediment control practices. Erosion and sediment control practices shall be used at each site where more than 3,000 square feet of land-disturbing construction activity is to occur, and shall be used to prevent or reduce all of the following:
(a) 
The deposition of soil from being tracked onto streets by vehicles.
(b) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of sediment from erosive flows at outlets and in downstream channels.
(h) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
(i) 
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
(2) 
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed for all construction sites with more than one acre of land-disturbing construction activity:
(a) 
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
(b) 
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
(c) 
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3) 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
(a) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(b) 
Minimization of soil compaction and preservation of topsoil.
(c) 
Minimization of land-disturbing construction activity on slopes of 20% or more.
(d) 
Development of spill prevention and response procedures.
D. 
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
E. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 288-10.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
F. 
Alternate requirements. The City may establish stormwater management requirements more stringent than those set forth in this section if the City determines that an added level of protection is needed for sensitive resources.
A. 
Permit required. No responsible party may commence a land-disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the City.
B. 
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 288-10 and shall pay an application fee to the City of Watertown. By submitting an application, the applicant is authorizing the City of Watertown to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Review and approval of permit application. The City shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
(1) 
Within 20 business days of the receipt of a complete permit application, as required by Subsection B, the City shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2) 
If the permit application and plan are approved, the City shall issue the permit.
(3) 
If the permit application or plan is disapproved, the City shall state in writing the reasons for disapproval.
(4) 
The City may request additional information from the applicant. If additional information is submitted, the City shall have 15 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
D. 
Financial guarantee. As a condition of approval and issuance of the permit, the City may require the applicant to deposit a surety bond, irrevocable letter of credit or other financial guarantee to guarantee a good faith execution of the approved erosion control plan and any permit conditions. The financial guarantee shall be an amount up to 120% of the estimated cost of the improvements.
E. 
Permit requirements. All permits shall require the responsible party to:
(1) 
Notify the City within 48 hours of commencing any land-disturbing construction activity.
(2) 
Notify the City of completion of any BMPs within three days after their installation.
(3) 
Obtain permission in writing from the City prior to any modification pursuant to § 288-10C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site erosion control log.
(7) 
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods, and at least once each week. Document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site. Repair or replace erosion and sediment control best management practices as necessary within 24 hours of an inspection or by the date agreed to between the permittee and the Public Works Director/City Engineer or the appropriate designee. Inspections are only required for construction sites with more than one acre of land-disturbing construction activity.
(8) 
Allow the City to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan at the construction site.
(9) 
Keep a copy of the inspection reports on the site at all times.
F. 
Permit conditions. Permits issued under this section may include conditions established by the City in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 288-8.
G. 
Permit duration. Permits issued under this section shall be valid for a period of three years, from the date of issuance. The City may extend the period once for up to an additional three years. The City may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
A. 
Erosion and sediment control plan.
(1) 
An erosion and sediment control plan shall be prepared and submitted to the City.
(2) 
The erosion and sediment control plan shall be designed to meet the performance standards in § 288-8 and other requirements of this article. Simplified plans may be completed for sites with less than one acre of land-disturbing construction activity.
(3) 
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
(a) 
The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
(b) 
Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Survey 7.5-minute series topographic map.
(c) 
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(d) 
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
(e) 
Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
(f) 
Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
(g) 
Existing data describing the surface soil as well as subsoils.
(h) 
Depth to groundwater, as indicated by on-site soil borings or Natural Resources Conservation Service soil information where available.
(i) 
Name of the immediate named receiving water from the United States Geological Survey 7.5-minute series topographic maps.
(4) 
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet.
(a) 
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes and floodways shall also be shown.
(b) 
Boundaries of the construction site.
(c) 
Drainage patterns and approximate slopes anticipated after major grading activities.
(d) 
Areas of soil disturbance.
(e) 
Location of major structural and nonstructural controls identified in the plan.
(f) 
Location of areas where stabilization practices will be employed.
(g) 
Areas which will be vegetated following construction.
(h) 
Area and location of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
(i) 
Locations of all surface waters and wetlands within one mile of the construction site.
(j) 
Areas used for infiltration of post-construction stormwater runoff.
(k) 
An alphanumeric or equivalent grid overlying the entire construction site map.
(5) 
Each erosion and sediment control plan shall include a description of appropriate erosion and sediment control best management practices that will be installed and maintained at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate erosion and sediment control measures for each major land-disturbing construction activity and the timing during the construction process that the measures will be implemented. The description of erosion and sediment controls shall include, when appropriate, the following minimum requirements:
(a) 
Description of interim and permanent stabilization practices, including an implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
(b) 
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City of Watertown, structural measures shall be installed on upland soils.
(c) 
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
(d) 
Trapping of sediment in channelized flow.
(e) 
Staging construction to limit exposed soil areas subject to erosion.
(f) 
Protection of downslope drainage inlets where they occur.
(g) 
Minimization of tracking via installation of tracking pads at all vehicle and equipment entry and exit locations of the construction site.
(h) 
Clean up of off-site sediment deposits.
(i) 
Proper disposal of building and waste materials at all sites.
(j) 
Stabilization of drainageways.
(k) 
Control of soil erosion from dirt stockpiles.
(l) 
Installation of permanent stabilization practices as soon as possible after final grading.
(m) 
Minimization of dust to the maximum extent practicable.
(6) 
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
B. 
Erosion and sediment control plan statement. For each construction site identified under § 288-4A with more than one acre of land-disturbing construction activity, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the article, including the site development schedule.
C. 
Amendments. The applicant shall amend the plan if any of the following occur:
(1) 
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
(2) 
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The City notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this article shall be established by the Common Council and may from time to time be modified by resolution. A schedule of the fees established by the Common Council shall be available for review in City Hall. The fee shall cover all City and consultant costs to review the permit application and perform the required site inspections.
If land-disturbing construction activities are being carried out without a permit required by this article, the City may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats. The City will inspect any construction site with more than one acre of land-disturbing construction activity that holds a permit under this chapter as required by the current Wisconsin Department of Natural Resources Municipal Separate Storm Sewer System (MS4) Permit or within the first two weeks of construction, at least once a month, and again at the end of construction to ensure compliance with the approved sediment and erosion control plan. If erosion and/or sediment control best management practices (BMPs) are out of compliance during inspections, the City may conduct follow-up inspections within seven days, unless corrections are made and observed by the inspector or verified via photographs submitted to the inspector. The costs of these inspections shall be billed to the responsible party.
A. 
The City may post a stop-work order if any of the following occurs:
(1) 
Any land-disturbing construction activity regulated under this article is being undertaken without a permit.
(2) 
The erosion and sediment control plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
B. 
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the City may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City, or if a responsible party violates a stop-work order posted under Subsection A, the City may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
D. 
The City may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the City may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The City may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City, plus interest at the rate authorized by City shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
F. 
Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $100 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
A. 
Public works commission. The Public Works Commission shall act as the review and appeal agency and:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination in administering this article except for cease and desist orders obtained under § 288-11.2C.
(2) 
Upon appeal, 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 provisions of the article will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Public Works Commission may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Watertown affected by any decision of the City.