[HISTORY: Adopted by the Village Board of the Village of New Glarus
12-3-2002 by Ord. No. 02-10. Amendments noted where applicable.]
A.
This chapter is adopted under the authority granted by
§ 61.354, Wis. Stats., for villages. This chapter supersedes all
provisions of an ordinance previously enacted under § 61.35, Wis.
Stats., that relate to construction site erosion control. Except as otherwise
specified in § 61.354 Wis. Stats., § 61.35, Wis. Stats.,
applies to this chapter and to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit
any other lawful regulatory powers of the same governing body.
C.
The Village of New Glarus hereby designates the Village
Administrator or designee to administer and enforce the provisions of this
chapter.
D.
The requirements of this chapter do not pre-empt 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 Village of New Glarus 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 Village of New Glarus.
It is the purpose of this chapter 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 Village of New Glarus.
A.
Applicability.
(1)
This chapter applies to land-disturbing construction activity, except as provided under Subsection A(2), that meets any of the following:
(a)
Disturbs 4,000 square feet or more of total land surface
area.
(b)
Involves excavating or filling, or a combination of excavation
and filling, in excess of 400 cubic yards of material.
(c)
Disturbs 100 linear feet of road ditch, grassed waterway
or other land area where surface drainage flow in a defined open channel,
including the placement, repair or removal of any underground pipe, utility
or other facility within the cross section of the channel.
(2)
This chapter does not apply to the following:
(a)
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.
(b)
Nonpoint discharges from agricultural facilities and
practices.
(c)
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 chapter applies to construction sites of any size that, in the opinion of the Village Administrator, 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 chapter applies to land-disturbing
construction activities on lands within the boundaries and jurisdiction of
the Village of New Glarus, as well as the extraterritorial division of land
subject to an ordinance enacted pursuant to § 236.45(2) and (3),
Wis. Stats.
C.
Exclusions. This chapter 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 understanding entered into
under § 281.33(2), Wis. Stats.
A.
Design criteria, standards and specifications. All drainage
facilities and practices required to comply with this chapter shall incorporate
technical standards and design methods specified in the document "Village
of New Glarus Erosion Control and Stormwater Management Requirements," maintained
and periodically updated by the Village Administrator. Where not superseded
by stricter requirements in the Village of New Glarus Erosion Control and
Stormwater Management Requirements, the following standards are also incorporated
by reference:
(1)
Applicable design criteria, standards and specifications
identified in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Pub. WR-222, November 1993 Revision.
(2)
Other 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.
A.
Responsible party. The entity holding fee title to the property shall be responsible for either developing and implementing an erosion and sediment control plan or causing such plan to be developed and implemented through contract or other agreement. This plan shall be developed in accordance with § 135-8, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 135-8 and implemented for applicable land development activities.
C.
Erosion and sediment control performance standards. All
drainage facilities and practices required to comply with this chapter shall
meet performance standards specified in the document "Village of New Glarus
Erosion Control and Stormwater Management Requirements," maintained and periodically
updated by the Village Administrator.
D.
Alternate requirements. The Village Administrator may
establish erosion and sediment control requirements more stringent than those
set forth in the Village of New Glarus Erosion Control Stormwater Management
Requirements, if the Village Administrator determines that an added level
of protection is needed to address downstream stormwater management issues.
A.
Permit required. No responsible party may commence a
land-disturbing construction activity subject to this chapter without receiving
prior approval of an erosion and sediment control plan for the site and a
permit from the Village Administrator.
B.
Permit application and fees. The responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 135-6. The applicant shall also pay an application fee to the Village Administrator consistent with a fee schedule maintained on file by the Village Administrator. By submitting an application, the applicant is authorizing the Village Administrator 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 Village
Administrator 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 30 business days of the receipt of a complete permit application, as required by Subsection B, the Village Administrator shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(2)
If the permit application and plan are approved, the
Village Administrator shall issue the permit.
(3)
If the permit application or plan is disapproved, the
Village Administrator shall state in writing the reasons for disapproval.
(4)
The Village Administrator may request additional information
from the applicant. If additional information is submitted, the Village Administrator
shall have 10 business days from the date the additional information is received
to inform the applicant that the plan is either approved or disapproved.
D.
Surety bond. As a condition of approval and issuance
of the permit, the Village Administrator may require the applicant to deposit
a surety bond or irrevocable letter of credit to guarantee a good faith execution
of the approved erosion control plan and any permit conditions.
E.
Permit requirements. All permits shall require the responsible
party to:
(1)
Notify the Village Administrator 48 hours prior to commencing
any land-disturbing construction activity.
(2)
Notify the Village Administrator of completion of any
BMPs within five days after their installation.
(3)
Obtain permission in writing from the Village Administrator prior to any modification pursuant to § 135-8B 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 and remove accumulated sediment
from downstream culverts, storm sewers, and other drainage facilities.
(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, make needed repairs and 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.
(8)
Allow the Village Administrator 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 and keep a copy of the erosion and sediment control
plan at the construction site.
G.
Permit duration. Permits issued under this section 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 Administrator may extend the period one or more times for up to
an additional 180 days. The Village Administrator may require additional BMPs
as a condition of the extension if they are necessary to meet the requirements
of this chapter.
H.
Maintenance. The responsible party, throughout the duration
of the construction activities, shall maintain all BMPs necessary to meet
the requirements of this chapter until the site has undergone final stabilization.
A.
Plan requirements. An erosion and sediment control plan
shall be prepared and submitted to the Village Administrator. The erosion
and sediment control plan shall include, at a minimum, information required
in the Village of New Glarus Erosion Control and Stormwater Management Requirements,
maintained and periodically updated by the Village Administrator.
B.
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 Village Administrator notifies the applicant of changes
needed in the plan.
The fees referred to in other sections of this chapter shall be established
by the Village Administrator and may from time to time be modified by resolution.
A schedule of the fees established by the Village Administrator shall be available
for review at the office of the Village Administrator.
If land-disturbing construction activities are being carried out without
a permit required by this chapter, the Village Administrator may enter the
land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis.
Stats.
A.
The Village Administrator may post a stop-work order
if any of the following occurs:
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 Village Administrator
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 Village Administrator, or if a responsible party violates a stop-work order posted under Subsection A, the Village Administrator may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Village Administrator may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this chapter. The Village Administrator 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 Village Administrator, plus interest at the rate authorized by the Village Administrator, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect it 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 chapter
shall be subject to a forfeiture of not less than $100 nor more than $500
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 chapter 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.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to Chapter 305, Zoning, § 305-100, pursuant to § 61.354(4)(b), Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Administrator in administering this chapter, except for cease and desist orders obtained under § 135-11C;
(2)
Upon appeal, 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; 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 Zoning Board of Appeals
may be taken by any aggrieved person or by any office, department, board,
or bureau of the Village of New Glarus affected by any decision of the Village
Administrator.
As used in this chapter, the following terms shall have the meanings
indicated:
A governmental employee, or a regional planning commission empowered
under § 62.234, Wis. Stats., that is designated by the Village of
New Glarus to administer this chapter.
Has the meaning given in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is considered
typical.
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.
A day the office of the Village Administrator is routinely and customarily
open for business.
A court-issued order to halt land-disturbing construction activity
that is being conducted without the required permit.
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.
A subdivision or minor subdivision as defined by Village of New Glarus
Subdivision Regulations.[1]
The process by which the land's surface is worn away by the action
of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused by erosion
and sedimentation of soil particles or rock fragments during construction.
The unincorporated area within 1.5 miles of the corporate limits.
All land-disturbing construction activities at the construction site
have been completed and 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 employment of equivalent permanent
stabilization measures.
Town board of supervisors, county board of supervisors, city council,
village board of trustees or village council.
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.
A level of implementing best management practices in order to achieve
a performance standard specified in this chapter which takes into account
the best available technology, cost effectiveness and other competing issues,
such as human safety and welfare, endangered and threatened resources, historic
properties and geographic features. MEP allows flexibility in the way to meet
the performance standards and may vary based on the performance standard and
site conditions.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Village Administrator to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
The entity holding fee title to the property.
Stormwater or precipitation, including rain, snow or ice melt or
similar water, that moves on the land surface via sheet or channelized flow.
Settleable solid material that is transported by runoff, suspended
within runoff or deposited by runoff away from its original location.
A conveyance or system of conveyances, including roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, constructed channels
or storm drains, which is designed or used for collecting and conveying stormwater
runoff and is not part of a combined sewer system.
The entire area included in the legal description of the land on
which the land-disturbing construction activity is proposed in the permit
application.
An order issued by the Village Administrator which requires that
all construction activity on the site be stopped.
A document that specifies design, predicted performance and operation
and maintenance specifications for a material, device or method.
The Village of New Glarus Village Administrator or designee.
Has the meaning given in § 281.01(18), Wis. Stats.
