This chapter applies to land-disturbing and
land-developing activities on lands within the boundaries and jurisdiction
of the Village of Belgium. This chapter applies to all lands located
within the extraterritorial plat approval jurisdiction of the Village
of Belgium, even if plat approval is not involved. All state-funded
or -conducted construction is exempt from this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
CONTROL MEASURE
A practice or combination of practices to control erosion
and attendant pollution.
CONTROL PLAN
A written description of the number, location, size, and
other pertinent information of control measures designed to meet the
requirements of this chapter submitted by the applicant for review
and approval by the Village Building Inspector.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
FIVE-YEAR, TWENTY-FOUR-HOUR STORM
The rainfall event that statistically has a five-year return
period with a duration of 24 hours. For the purposes of this chapter,
the rainfall volume associated with the five-year, twenty-four-hour
storm is 3.3 inches. The return period is defined as the frequency
of occurrence in years.
LAND DEVELOPING ACTIVITY
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
LAND DISTURBING ACTIVITY
Any man-made change of the land surface including removing
vegetative 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.
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, or irrigation water flowing over
the ground surface.
SITE
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 chapter shall meet the design criteria, standards and specifications
for the control measures as set forth in the Wisconsin Construction
Site Best Management Practice Handbook.
All sedimentation basins and other control measures
necessary to meet the requirements of this chapter 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
as set forth in the Wisconsin Construction Site Best Management Practice
Handbook.
No landowner or land user may commence a land
disturbance or land development activity subject to this chapter without
receiving prior approval of a control plan for the site and a permit
from the Village Building Inspector. 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 chapter shall submit an
application for a permit and a control plan and pay an application
fee to the Village Building Inspector. By submitting an application,
the applicant is authorizing the Village Building Inspector to enter
the site to obtain information required for the review of the control
pan.
A. Content of the control plan for land-disturbing or
land-development activities covering one or more acres.
(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 (the dimensions of the adjacent areas to
be shown shall be specified by the Village Building Inspector):
(a)
Site location and adjacent lands which accurately
identify site location;
(b)
Lakes, streams, wetlands, channels, ditches
and other watercourses;
(c)
One-hundred-year floodplains, flood fringes
and floodways;
(d)
Location of the predominant soil types;
(f)
Location and dimensions of stormwater drainage
systems and natural drainage patterns;
(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
or land-development activities;
(b)
Locations and dimensions of all temporary soil
or dirt stockpiles;
(c)
Locations and dimensions of all construction
site management control measures necessary to meet the requirements
of this chapter;
(d)
Schedule of anticipated starting and completion
date of each land-disturbing or land-developing activity including
the installation of construction site control measures needed to meet
the requirements of this chapter; and
(e)
Provisions for maintenance of the construction
site control measures during construction.
B. Content of control plan statement for land-disturbing
or land-delopment activities covering no more than one acre. An erosion
control plan statement (with simple map) shall be submitted to briefly
describe the site and erosion controls (including site development
schedule) that will be used to meet the requirements of the chapter.
C. Review of control plan. Within 45 days of receipt
of the application, control plan, and fee, the Village Building Inspector
shall review the application and control plan to determine if the
requirements of this chapter are met. The Building Inspector may request
comments from other departments or agencies. If the requirements of
this chapter are met, the Building Inspector shall approve the plan,
inform the applicant and issue a permit. If the conditions are not
met, the Building Inspector 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 Building Inspector
shall again determine if the plan meets the requirements of this chapter.
If the plan is disapproved, the Building Inspector 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 Village Building
Inspector may extend the period one or more times for up to an additional
180 days. The Building Inspector may require additional control measures
as a condition of the extension if they are necessary to meet the
requirements of this chapter.
(2) Surety bond. As a condition of approval and issuance
of the permit, the Building Inspector may require the applicant to
deposit a surety bond or irrevocable letter of credit in an amount
as established by the Village Engineer to guarantee a good-faith execution
of the approved control plan and any permit conditions.
(3) Permit conditions. All permits shall require the permittee
to:
(a)
Notify the Building Inspector within 48 hours
of commencing any land-disturbing or land-development activity;
(b)
Notify the Building Inspector of completion
of any control measures within 14 days after their installation;
(c)
Obtain permission in writing from the Building
Inspector 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 a week and make
needed repairs;
(h)
Allow the Building Inspector or Village employees
or agents 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.