The Board finds that runoff from construction
sites can carry a significant amount of sediment and other pollutants
to the waters and rights-of-way of the Village. It is the purpose
of this chapter to preserve the natural resources; to protect the
quality of the waters of the Village; 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.
This chapter applies to land development and
land-disturbing activities on lands within the boundaries and jurisdiction
of the Village.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
AGRICULTURAL LAND USE
Use of land for the planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
BMP HANDBOOK
The most recent edition of the Department of Natural Resources'
Wisconsin Construction Site Best Management Practices Handbook.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
LAND DEVELOPMENT ACTIVITY
The construction or demolition of buildings, roads, parking
lots, paved storage areas and similar facilities.
LAND-DISTURBING ACTIVITY
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; and harvesting
of trees.
LANDOWNER
Any person holding title to or having an interest in land.
LAND USER
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
RUNOFF
The rainfall, snowmelt, dewatering or irrigation water flowing
over the ground surface.
SITE
The entire area included in the legal description of the
parcel or other land division on which the land development or land-disturbing
activity is proposed in the permit application.
STABILIZE
To make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, concrete, gravel or
other measure.
WATERS OF THE STATE
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
WORKING DAY
A calendar day, except Saturdays, Sundays and Village-recognized
legal holidays.
All best management practices required to comply
with this chapter shall meet the design criteria, standards and specifications
set forth in the BMP Handbook or adopted by the Village Board.
All best management practices necessary to comply
with the requirements of this chapter shall be maintained by the applicant
or subsequent landowner during the period of land disturbance and
development of the site in a satisfactory manner to ensure adequate
performance and to prevent nuisance conditions. The standards for
maintenance of best management practices shall be as set forth in
the BMP Handbook or adopted by the Village Board.
No landowner or land user may commence a land
development or land-disturbing activity subject to this chapter without
receiving prior approval of an erosion control plan for the site and
a permit from the Village. At least one landowner or land user controlling
the site and desiring to undertake a land development or land-disturbing
activity subject to this chapter shall submit an application for an
erosion control permit and a control plan and pay an application fee
to the Building Inspector. By submitting an application, the applicant
is authorizing the Board or other agent authorized by the Village
to enter the site to obtain information required for the review of
the erosion control plan.
For land development and land-disturbing activities
covering one or more acres, the erosion control plan shall contain
the following:
A. 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 extending at least 200 feet in each direction,
including:
(1) Site boundaries and adjacent lands which accurately
identify site location;
(2) Lakes, streams, wetlands, channels, ditches and other
watercourses on and immediately adjacent to the site;
(3) One-hundred-year floodplains, flood-fringes and floodways;
(4) Location of the predominant soil types;
(6) Location and dimensions of stormwater drainage systems
and natural drainage patterns on and immediately adjacent to the site,
and the size, slope and land cover of up-slope drainage areas, peak
discharge, velocities, direction and destination of flows;
(7) Locations and dimensions of utilities, structures,
roads, highways and paving;
(8) Site topography at a contour interval not to exceed
two feet; and
(9) Name, address and daytime telephone number of the
applicant and the person responsible for maintenance of best management
practices.
B. Plan of final site conditions. A plan of final site
conditions on the same scale as the existing site map showing the
site changes.
C. Site construction plan. A site construction plan,
including:
(1) Locations and dimensions of all proposed land development
and land-disturbing activities;
(2) Locations and dimensions of all temporary soil or
dirt stockpiles;
(3) Locations and dimensions of all best management practices
necessary to meet the requirements of this chapter;
(4) Schedule of anticipated starting and completion date
of each land development or land-disturbing activity, including the
installation of best management practices needed to meet requirements
of this chapter;
(5) Provisions for maintenance of best management practices
during construction; and
(6) Description of vegetation and other materials to be
used to stabilize the site, including a schedule for installation
and maintenance.
An erosion control plan statement (with simple
map) shall be submitted to briefly describe:
A. Property boundaries and area to be disturbed;
B. Direction of slopes before and after development;
C. Existing and proposed buildings and other improvements;
D. Size of up-slope drainage areas;
F. Best management practices necessary to meet the requirements
of this chapter;
G. Description of vegetation and other materials to be
used to stabilize the site, including a schedule for installation
and maintenance; and
H. Name, address and daytime telephone number of the
applicant and the person responsible for maintenance of best management
practices.
If land development or land-disturbing activities
are being carried out without a permit, Village personnel may enter
the land pursuant to the provisions of § 66.0119, Wis. Stats.
Fees referred to in this chapter shall be established
by the Village Board in a fee schedule and may from time to time be
modified by Village Board resolution. Fees shall be related to costs
involved in handling permit applications, reviewing control plans,
conducting site inspections and administering the erosion control
program.