[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 15, Ch. 2 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
This chapter is adopted pursuant to the guidelines in W.S.A. s. 62.234(5).
A.
Findings. The Common Council finds that runoff from construction
sites carries a significant amount of sediment and other pollutants to the
waters of the state and the City of Manawa.
B.
Purpose. It is the purpose of this chapter to preserve
the natural resources; to protect the quality of the waters of the state and
city; 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-disturbing and land-developing activities
on land within the boundaries and jurisdiction of the city and the public
and private lands subject to extraterritorial review under W.S.A. ch. 236.
All state-funded or state-conducted construction is exempt from this chapter.
(Note: State-funded or state-conducted construction activities must meet the
requirements contained in the State Plan for the Control of Construction Erosion
and Stormwater Runoff, which contains similar requirements as contained in
this chapter, as a minimum.)
As used in this chapter, 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 § 136-6B.
A practice or combination of practices to control erosion and attendant
pollution.
A written description of the number, locations, sizes and other control
measures designed to meet the requirements of this chapter submitted by the
applicant for review and approval by the Common Council or its designee.
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 any 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, snowmelt 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, two,
three, six, 12 and 24 hours that occur approximately one per year. The following
are typical characteristics of these one-year storms for most of Wisconsin:
|
Storm Duration
(hours)
|
Rain Intensity
(inches per hour)
|
Average Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1
|
1.1
|
1.1
|
|
2
|
0.7
|
1.3
|
|
3
|
0.5
|
1.5
|
|
6
|
0.3
|
1.7
|
|
12
|
0.2
|
2.0
|
|
24
|
0.1
|
2.3
|
|
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.
| ||
A.
All control measures required to comply with this chapter
shall meet the design criteria, standards and specifications for the control
measures based on accepted design criteria, standards and specifications identified
by the Common Council or its designee.
B.
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.
A.
Applicability.
(1)
This section applies to the following sites of land-development
or land-disturbing activities:
(b)
Those requiring a certified survey approval or the construction
of houses or commercial, industrial or institutional buildings on lots of
approved certified surveys.
(c)
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.
(d)
Those involving excavation or filling or a combination
of excavation and filling affecting 400 cubic yards or more of dirt, sand
or other excavation or fill material.
(e)
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing or enlarging
of an underground pipe or facility for a distance of 300 feet or more.
(2)
Note: The above applicability criteria are specifically
stated in 1983 Wisconsin Act 416 for inclusion in this chapter. Utility companies
responsible for energy repair work should enter into a memorandum of agreement
with the Common Council or its designee clearly stating their responsibilities
if their activities may be included under any of the above applicability criteria.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
Site dewatering.
(a)
Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upslope chambers, hydrocyclones,
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 Common Council or its designee. Water may not
be discharged in a manner that causes erosion of the site or receiving channels.
(b)
Note: There are several ways to meet this particle size
performance objective, depending on the pumping rate. As an example, if the
pumping rate is very low (one gallon per minute), then an inclined or vertical
enlargement pipe (about eight inches in diameter for one gallon per minute)
several feet long would be an adequate control device to restrict the discharge
of one-hundred-micron and larger particles. As the pumping rate increases,
then the device must be enlarged. At a moderate (100 gallons per minute) pumping
rate, a vertical section of corrugated steel pipe or concrete pipe section
or other small tank (about 4 1/2 feet across for a pumping rate of 100
gallons per minute) several feet tall would be adequate. With these pipe sections
or small tanks, inlet baffles would be needed to minimize turbulence. With
very large pumping rates (10,000 gallons per minute), sediment basins (about
35 feet in diameter for a pumping rate of 10,000 gallons per minute) at least
three feet in depth with a simple (but adequately sized) pipe outlet would
be needed. More sophisticated control devices (such as swirl concentrators
or hydrocyclones) could be specially fabricated that would generally be smaller
than the simple sedimentation devices described above, but they would not
be required.
(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.
(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 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]. Sheetflow 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. [Note: Soil Conservation Service guidelines for allowable velocities in different types of channels should be followed.]
(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 the meeting either of the following:
[1]
All disturbed ground left inactive for seven 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.
[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.
Sedimentation 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 .05 to 24 hours.
The basin discharge rate shall also be sufficiently low so as to not 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 oil 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.
A.
Permit application. 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 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 Common Council or its
designee. By submitting an application, the applicant is authorizing the Common
Council or its designee to enter the site to obtain information required for
a review of the control plan.
B.
Content of the control plan for land-disturbing activities
covering more than one acre. The following shall be provided:
(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 of adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other
watercourses on and immediately adjacent to the site. (Note: The local unit
of government should identify sensitive local waters that may need to be further
addressed by the control plan.)
(c)
One-hundred-year floodplain, 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.
(g)
Locations and dimensions of utilities, structures, roads,
highways and paving.
(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 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.
(e)
Provisions for maintenance of the construction site control
measures during construction.
C.
Content of control plan statement for land-disturbing activities covering less than one acre but meeting the applicability requirements stated in § 136-6A. An erosion control plan statement (with simple 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 chapter.
D.
Review of control plan. Within 45 days of receipt of
the application, control plan (or control plan statement) and fee, the Building
Inspector shall review the application and control plan to determine if the
requirements of this chapter are met. The Common Council or its designee shall
approve the plan, inform the applicant and issue a permit. If the conditions
are not met, the Common Council or its designee 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 Common Council or its
designee shall again determine if the plan meets the requirements of this
chapter. If the plan is disapproved, the Common Council or its designee shall
inform the applicant, in writing, of the reasons for the disapproval.
E.
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 Common Council or its
designee may extend the period one or more times for up to an additional 180
days. The Common Council or its designee 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 Common Council or its designee may require the applicant
to deposit a surety bond or irrevocable letter of credit 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 Common Council or its designee within 48 hours
of commencing any land-disturbing activity;
(b)
Notify the Common Council or its designee 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;
(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 Common Council or its designee 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.
The Common Council or its designee 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. If land-disturbing
or land-development activities are being carried out without a permit, the
Common Council or its designee shall the enter the land pursuant to the provisions
of W.S.A. ss. 66.122 and 66.123.
A.
The Common Council or its designee 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 Common Council
or its designee may revoke the permit.
C.
If the landowner or land user, where no permit has been
issued, does not cease the activity within 10 days, the Common Council or
its designee may request the City Attorney to obtain a cease and desist order.
D.
The Common Council or its designee or the Zoning Board
of Appeals upon appeal may retract the stop-work order or the revocation.
E.
Ten days after posting a stop-work order, the Common
Council or its designee may issue a notice of intent to the permittee or landowner
or land user of the Common Council's or its designee's intent to
perform work necessary to comply with this chapter. The Common Council or
its designee 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 Common Council
or its designee, plus interest at the rate authorized by the Common Council
or its designee, shall be billed to the permittee or the landowner. In the
event that a permittee or landowner fails to pay the amount due, the City
Clerk-Treasurer shall enter the amount due on the tax rolls and collect it
as a special assessment against the property pursuant to W.S.A. s. 66.60(16).
G.
Compliance with the provisions of this chapter may also
be enforced by injunction.
A.
Appeals. The Zoning Board of Appeals shall hear and decide
appeals where it is alleged that there is error in any order, decision or
determination made by the Common Council or its designee in administering
this chapter. Upon appeal, the Zoning Board of Appeals may authorize variances
from the provisions of this chapter which are not contrary to the public interest
and where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship. The Zoning Board of Appeals
shall use the rules, procedures, duties and powers authorized by statute for
zoning boards of appeal in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Any applicant, permittee, landowner or
land user may appeal any order, decision or determination made by the Common
Council or its designee in administering this chapter.
