[Adopted 8-10-1987]
The intent of this article is to require erosion
control practices that will reduce the amount of sediment and other
pollutants leaving construction sites during land development or land
disturbance activities. This article applies to all land disturbing
construction activities.
This article is adopted under the authority
granted by § 61.354, Wis. Stats.
A.
Findings. The Village of Elm Grove finds that runoff
from construction sites carries a significant amount of sediment and
other pollutants to the waters of the state and this Village.
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 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 article applies to land disturbing and
land developing activities on lands within the boundaries and jurisdiction
of the Village. All state-funded or state-conducted construction is
exempt from 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.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirements of § 325-8B.
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 submitted by the applicant for review
and approval by the Public Works Director.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The construction of buildings, 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 holding title to or having an interest in land.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
The rainfall, snow melt or irrigation water flowing over
the ground surface.
The following rain intensities and rain volumes or corresponding
values specific to the community for the storm durations of 0.5, one,
three, six, 12 and 24 hours that occur approximately once per year.
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1
|
1.1
|
1.1
|
|
3
|
0.7
|
1.3
|
|
6
|
0.5
|
1.5
|
|
12
|
0.2
|
2.0
|
|
24
|
0.1
|
2.3
|
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
All control measures required to comply with
this article shall meet the design criteria, standards and specifications
for the control measures based on accepted design criteria, standards
and specifications identified by the Public Works Director.
All sedimentation basins and other control measures
necessary to meet the requirements of this article shall be maintained
by the applicant or subsequent landowner during the period of land
disturbance and land development of the site in a satisfactory manner
to ensure adequate performance and to prevent nuisance conditions.
A.
Applicability. This article applies to the following
sites of land development or land disturbing activities:
[Amended 3-8-1999]
(2)
Those requiring a certified survey approval or the
construction of houses or commercial, industrial or institutional
buildings on lots of approved certified surveys.
(3)
Those 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.
(4)
Those involving excavation or filling or a combination
of excavation and filling affecting 40 cubic yards or more of dirt,
sand or other excavation or fill material.
[Amended 2-24-2009]
(5)
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(6)
Those involving the laying, repairing, replacing or
enlarging of an underground pipe or facility for a distance of 300
feet or more.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
Site dewatering. Water pumped from the site shall
be treated by temporary sedimentation basins, grit chambers, sand
filters, up-slope chambers, hydro-cyclones, swirl concentrators or
other appropriate controls designed and used to remove particles of
100 microns or greater for the highest dewatering pumping rate. 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 Public Works Director. Water may not be
discharged in a manner that causes erosion of the site 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
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 of 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 [Subsection B(5)(a) through (d)] 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]. Sheet flow 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 set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
(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 [1] and [3].
[1]
All disturbed ground left inactive for 21 or
more days shall be stabilized by seeding or sodding (only available
prior to September 15) or by mulching or covering or other equivalent
control measure. Because of inclement weather or extenuating circumstances,
the Building Inspector may vary this requirement up to 30 days.
[2]
For sites with more than 10 acres disturbed
at one time, or if a channel originates in the disturbed area, one
or more sedimentation basins shall be constructed. Each sedimentation
basin shall have a surface area of at least 1% of the area draining
to the basin and at least three feet of depth and shall be constructed
in accordance with accepted design specifications. Sediment shall
be removed to maintain a depth of three feet. The basin shall be designed
to trap sediment greater than 15 microns in size, based on the set
of one-year design storms having durations from 0.5 to 24 hours. The
basin discharge rate shall also be sufficiently low so as not to cause
erosion along the discharge channel or the receiving water.
[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 sideslope and downslope 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)
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.
If remaining for more than seven days, they shall be stabilized by
mulching, vegetative cover, tarps or other means. Erosion from piles
which will be in existence for less than seven days shall be controlled
by placing straw bales or filter fence barriers around the pile. In-street
utility repair or construction soil or dirt storage piles located
closer than 25 feet to a roadway or drainage channel must be covered
with tarps or suitable alternative control if exposed for more than
seven days, and the storm drain inlets must be protected with straw
bales or other appropriate filtering barriers.
No landowner or land user may commence a land
disturbance or land development activity subject to this article without
receiving prior approval of a control plan for the site and a permit
from the Public Works Director. 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 and a control plan and pay an application
fee to the Village of Elm Grove. By submitting an application, the
applicant is authorizing the Village personnel and agents to enter
the site to obtain information required for the review of the control
plan.
A.
Content of the control plan for land disturbing activities
covering more than one acre.
(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.
(a)
Site boundaries and adjacent lands which accurately
identify site location;
(b)
Lakes, streams, wetlands, channels, ditches
and other watercourses on and immediately adjacent to the site;
(c)
One-hundred-year floodplains, flood fringes
and floodways;
(d)
Location of the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage
systems and natural drainage patterns on and immediately adjacent
to the site and existing flows through the site in accordance with
the one-year set of storms;
(g)
Locations and dimensions of utilities, structures,
roads, highways and paving; and
(h)
Site topography at a contour interval not to
exceed five 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.
(3)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land
disturbing activities;
(b)
Locations and dimensions of all temporary soil
or dirt stockpiles;
(c)
Locations, dimensions and specifications of
all construction site management control measures necessary to meet
the requirements of this article;
(d)
Schedule of anticipated starting and completion
dates of each land disturbing or land developing activity, including
the installation of construction site control measures needed to meet
the requirements of this article; and
(e)
Provisions for maintenance of the construction
site control measures during construction.
B.
Content of control plan statement for land disturbing activities covering less one acre but meeting the applicability requirements stated in § 325-8A.
(1)
An erosion control plan statement (with map) shall
be submitted to briefly describe the site and erosion controls (including
the site development schedule) that will be used to meet the requirements
of this article.
C.
Review of control plan. Within 30 days of receipt
of the application, control plan (or control plan statement) and fee,
the Public Works Director shall review the application and control
plan to determine if the requirements of this article are met. The
Public Works Director shall approve the plan, inform the applicant
and issue a permit. If the conditions are not met, the Public Works
Director shall inform the applicant in writing and may either require
needed information or disapprove the plan. Within 30 days of receipt
of needed information, the Public Works Director shall again determine
if the plan meets the requirements of this article. If the plan is
disapproved, the Public Works Director shall inform the applicant
in writing of the reasons for the disapproval.
D.
Permits.
(1)
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 Public Works Director
may extend the period one or more times for up to an additional 180
days. The Public Works Director may require additional control measures
as a condition of the extension if they are necessary to meet the
requirements of this article.
(2)
Performance bonds. As a condition of the approval
and issuance of the permit, the Public Works Director shall require
the applicant to provide either a bond, irrevocable letter of credit
or cash escrow to guarantee a good faith execution of the approved
control plan and any permit conditions. This amount shall be not less
than the cost of constructing the improvements for erosion and sediment
control practices.
(a)
The guaranty shall include the cost of implementing
all phases of the plan, from the clearing and stockpiling operation
to final grading and landscaping, including a maintenance guaranty
for a period of not less than two years from the recording of the
final land division document, acceptance of the improvements by the
municipality or the issuance of a permit on a grading project only,
whichever occurs last.
(b)
An agreement will be part of this guaranty which
will give the municipality the authority to use the funds to complete
the project if the developer or contractor defaults or does not properly
implement the approved plan. This agreement shall be effective for
a sufficient time period to perform the activities required, make
the appropriate inspections and approve the final installation after
completion. The municipality may extend the agreement beyond its original
expiration date if necessary, due to unexpected or unforeseen circumstances
beyond the control of the developer.
(c)
A performance guaranty shall be replaced with
a maintenance guarantee for a stated period of time in an amount equal
to a percentage of the cost of the construction of the improvements
and usually between 10% and 15%. This agreement shall also be recorded
in the Waukesha County Register of Deeds office.
(3)
Permit conditions. All permits shall require the permittee
to:
(a)
Notify the Public Works Director within 48 hours
of commencing any land disturbing activity;
(b)
Notify the Public Works Director of completion
of any control measures within 14 days after their installation;
(c)
Obtain permission in writing from the Public
Works Director prior to modifying the control plan;
(d)
Install all control measures as identified in
the approved control plan;
(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 inches or more and at least once each week and make
needed repairs;
(h)
Allow the Public Works Director 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; and
(i)
Keep a copy of the control plan on the site.
A.
The Public Works Director 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.
B.
If land disturbing or land development activities
are being carried out without a permit, the Public Works Director
shall enter the land pursuant to the provisions of §§ 66.122
and 66.123, Wis. Stats.
A.
The Public Works Director 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 Public
Works Director may revoke the permit.
C.
If the landowner or land user where no permit has
been issued does not cease the activity within 20 days, the Public
Works Director may request the Village Attorney to obtain a cease
and desist order.
D.
The Public Works Director or the Board of Appeals
may retract the stop-work order or the revocation.
E.
Ten days after posting a stop-work order, the Public
Works Director may issue a notice of intent to the permittee or landowner
or land user of the Public Works Director's intent to perform work
necessary to comply with this article. The Public Works Director may
go on the land and commence the work after 14 days from issuing the
notice of intent. The costs of the work performed by the Public Works
Director plus interest at the rate authorized by the Village Board
shall be billed to the permittee or the landowner. In the event a
permittee or landowner fails to pay the amount due, the Clerk shall
enter the amount due on the tax rolls and collect it as a special
assessment against the property pursuant to § 66.60(16),
Wis. Stats.
F.
Any person who shall violate any provision of this article or any rule or regulation made under this article shall be subject to a penalty as provided in § 1-16 of this Code, except that the forfeiture shall not be less than $100.
[Amended 4-10-2000; 7-26-2005]
G.
Compliance with the provisions of this article may
also be enforced by injunction.
[Amended 4-10-2000]
A.
Any person aggrieved by the administration of this
article may appeal the decision to the Board of Appeals established
by the Village pursuant to § 62.23(7)(e), Wis. Stats. The
Board shall hear and decide appeals where it is alleged that there
is an error in any order, decision or determination made by the Village
Engineer or Zoning Administrator in administering this article.
B.
The owner may appeal to the Board of Appeals within
10 calendar days of actual service of the order. If an appeal is not
taken by filing in writing with the Village Clerk within such 10 days,
the order shall be final. Hearings before the Board of Appeals shall
be conducted pursuant to § 62.23(7)(e), Wis. Stats.
Any costs incurred by the municipality in obtaining
legal, planning, engineer or other technical or professional advice
in the review or inspection of the development projects shall be charged
to the applicant and paid prior to the approval of the final plat
or certified survey or prior to issuance of a building permit on the
development.
