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(a) Plan Requirement. The responsible party shall implement a written erosion and sediment control plan for each construction site, developed in accordance with Section 15-2-10, that incorporates the requirements of this Section.
(b) Erosion and Other Pollutant Control Requirements. The plan required under Subsection (a) shall include the following:
(1) BMPs that, by design, achieve to the maximum extent practicable, a reduction of eighty percent (80%) of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or BMPs until the construction site has undergone final stabilization. No person shall be required to exceed an eighty percent (80%) sediment reduction to meet the requirements of this Subsection. Erosion and sediment controls may be used alone or in combination to meet the requirements of this Subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
(2) Notwithstanding Subsection (b)(1) above, if BMPs cannot be designed and implemented to reduce the sediment load by eighty percent (80%), on an average annual basis, the plan shall include a written and site-specific explanation as to why the eighty percent (80%) reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
(3) Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
a. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
b. Prevent the discharge of sediment as part of site de-watering.
c. Protect the separate storm drain inlet structure from receiving sediment.
(4) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance beyond the construction site or into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this Subsection.
(c) Location. The BMPs used to comply with this Section shall be located to prevent runoff entering properties owned by others, Village stormwater conveyance systems or waters of the state.
(d) Alternate Requirements. The Village Engineer may establish stormwater management requirements more stringent than those set forth in this Section if the Village Engineer determines that an added level of protection is needed for sensitive resources.
(a) Permit Required. No responsible party may undertake 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 Engineer.
(b) Permit Application and Fees. At least one 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 Section 15-2-10. The applicant shall pay an application fee described in Section 15-2-11 and which is consistent with the fee schedule maintained by the Village Administrator-Clerk-Treasurer. By submitting an application, the applicant is authorizing the Village Engineer or designee 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(s); Failure to Act. The Village Engineer 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 twenty-one (21) business days of the receipt of a complete permit application, including all items as required by Subsection (b), the Village Engineer shall inform the applicant whether the application, plan and maintenance agreement are approved or disapproved based on the requirements of this Chapter.
(2) If the permit application and plan are approved, the Village Engineer shall issue the permit.
(3) If the permit application or plan is disapproved, the Village Engineer shall state in writing the reasons for disapproval.
(4) The Village Engineer may request additional information from the applicant. If additional information is submitted, the Village Engineer shall have five (5) weeks from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5) Failure by the Village Engineer to inform the permit applicant of a decision within three (3) weeks of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
(d) Financial Guarantee. As a condition of approval and issuance of the permit, the Village Engineer may require the applicant to deposit a surety bond or irrevocable letter of credit in an amount equal to one hundred and twenty-five percent (125%) of the estimated cost of all required control measures to guarantee a good faith execution of the approved erosion control plan and any permit conditions. The security shall remain in full force for the entire period of the permit unless released earlier by the Village. If the approved plan is included as part of a plat or certified survey map conditions of approval, then the overall security for performance of the approved plan may be included as part of the overall security required for installation of improvements under the Village's Subdivision and Land Division Ordinance (Title 14).
(e) Permit Requirements. All permits shall require the responsible party to:
(1) Notify the Village Engineer within two (2) full business days before any land disturbing construction activity.
(2) File a notice of completion of all land disturbing activities and/or installation of BMPs within ten (10) days after their installation.
(3) Obtain permission in writing from the Village Engineer prior to any modification pursuant to Section 15-2-lO(c) of the erosion and sediment control plan.
(4) Install all BMP's as identified in the approved erosion and sediment control plan.
(5) Maintain all road drainage systems, stormwater drainage systems, BMP's 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.
(7) Inspect the BMP's within twenty-four (24) hours after each rain of 0.5 inches 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 Engineer or designee staff 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. The responsible party shall keep a copy of the erosion and sediment control plan at the construction site.
(f) Permit Conditions. Permits issued under this Section may include conditions established by the Village Engineer in addition to the requirements set forth in Subsection (e), where needed to assure compliance with the performance standards in Section 15-2-6.
(g) Permit Duration. Permits issued under this Section shall be valid for a period of one hundred eighty (180) days from the date of issuance. The permit duration may be extended by the Village Engineer one (1) or more times for up to an additional one hundred eighty (180) days. The Village Engineer may require additional BMP's 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 BMP's necessary to meet the requirements of this Chapter until the site has undergone final stabilization.
(a) Erosion and Sediment Control Plan.
(1) An erosion and sediment control plan shall be prepared and submitted to the Village Engineer.
(2) The erosion and sediment control plan shall be designed to meet the performance standards in Section 15-2-6 and other requirements of this Chapter.
(3) The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
a. The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include the estimated start and end dates for construction.
b. Description of the site and the nature of the construction activity.
c. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duation of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
d. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
e. Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
f. Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
g. Existing data describing the surface soil as well as subsoils.
h. Depth to groundwater, as indicated by Natural Resources Conservation Service.
i. Service soil information where available.
(4) The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than one hundred (100) feet per inch and at a contour interval not to exceed two (2) feet.
a. Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface water. .Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site shall be shown. Any identified one hundred (100) year flood plains, flood fringes and floodways shall also be shown.
b. Boundaries of the construction site.
c. Drainage patterns and approximate slopes anticipated after major grading activities.
d. Areas of soil disturbance.
e. Location of major structural and non-structural controls identified in the plan.
f. Location of areas where stabilization practices will be employed.
g. Areas which will be vegetated following construction.
h. Area of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
i. An alphanumeric or equivalent grid overlying the entire construction site map.
(5) Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from leaving the site. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:
a. Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
b. Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Village Engineer, structural measures shall be installed on upland soils.
c. Management of overland flow at all sites, unless otherwise controlled by outfall controls.
d. Trapping of sediment in channelized flow.
e. Staging construction to limit bare areas subject to erosion.
f. Protection of downslope drainage inlets where they occur.
g. Minimization of tracking at all sites.
h. Cleanup of off-site sediment deposits.
i. Property disposal of building and waste materials at all sites.
j. Stabilization of drainageways.
k. Control of soil erosion from dirt stockpiles.
I. Installation of permanent stablization practices as soon as possible after final grading.
m. Minimization of dust to the maximum extent practicable.
(6) The erosion and sediment control plan shall require controls be placed to slow the flow of water at discharge locations and along the length of any outfall channel, as necessary, to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
(b) Erosion and Sediment Control Plan Statement. For each construction site identified under Section 15-2-4(a), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Village Engineer. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the Chapter, including the site development schedule.
(c) 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 the construction site runoff.
(3) The Village Engineer notifies the applicant of changes needed in the plan.
Any person who submits an application for approval of an erosion control plan or issuance of approval by the Chapter, shall pay a fee as specified in Section 1-3-1, and, in addition, shall pay the Village's actual cost for engineering work by the Village Engineer in connection with the plan. The fee shall be paid prior to issuance of the permit if the engineering review fees have been billed by that time. If billed to the Village after issuance of the permit, the fee shall be paid within thirty (30) days of its receipt by the applicant. Failure to pay such a fee within thirty (30) days shall be grounds for revocation of the permit, issuance of a stop work order, and/or charging the cost as a special tax against the property pursuant to Sec. 66.0703, Wis. Stats.
(a) General. Where the Village Engineer finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, they may approve exceptions and waivers to these regulations so that substantial justice may be done and the public interest secured, provided the exception or waiver shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Village Engineer shall not approve exceptions and waivers unless he/she shall make findings based upon the evidence presented that all of the following conditions are met by the petitioner:
(1) The granting of the exception or waiver will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(3) Because of the location or conditions affecting the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
(4) The relief sought will not materially alter the provisions of any existing regional stormwater management plan except that this document may be amended in the manner prescribed by law; and
(5) The granting of the exception or waiver will not result in a violation of State or Federal laws or permits.
(b) Conditions. In approving exceptions or waivers, the Village Engineer may require such conditions as will in his/her judgment secure substantially the purposes described in this Chapter and accompanying written stormwater management and erosion control requirements.
(c) Procedures. A petition for an exception or waiver shall be submitted in writing by the responsible party at the time when the development is filed for the consideration by the Village Engineer. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(a) The Village Engineer may post a stop-work order if any of the following occurs:
(1) Any land disturbing construction activity regulated under this Chapter is being undertaken without a permit.
(2) The erosion and sediment control plan is not being implemented in a good faith manner.
(3) The conditions of the permit are not being met.
(b) If the responsible party does not cease the 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 Engineer 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 Engineer, or if a responsible party violates a stop-work order posted under Subsection (a), the Village Engineer may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
(d) The Village Engineer may retract the stop-work order issued under Subsection (a) or the permit revocation under Subsection (b).
(e) After posting a stop-work order under Subsection (a), the Village Engineer may issue a notice of intent to the responsible party of intent to perform work necessary to comply with this Chapter. The Village Engineer 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 of Edgar, plus interest at the rate of one percent (1%) per month for each month or part thereof, shall be billed to the responsible party or recovered from the surety bond or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Village Administrator-Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special charge against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
(f) Any person, firm, association, or corporation violating any of the provisions of this Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and the costs of prosecution for each violation. Each day that the violation exists shall constitute a separate offense.
(g) Compliance with the provisions of this Chapter may also be enforced by injunction in any court of competent jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
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