Section
152.01 Authority
152.02 Findings and purpose
152.03 Applicability
152.04 Definitions
152.05 Design criteria, standards, and specifications for control measurers
152.06 Maintenance of control measurers
152.07 Control of erosion and pollutants during land disturbance and development
152.08 Permit application, control plan, and permit issuance
152.09 Inspection
152.10 Enforcement
152.11 Board of Zoning Appeals
152.99 Penalty
(A) Findings. The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the village.
(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 the village and extraterritorial jurisdictional area; 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 the runoff or discharge from the construction site to lakes, streams, and wetlands.
(Prior Code, § 22.02)
(A) This chapter applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the village and the public and private lands subject to extraterritorial review under Wis. Stats. Chapter 236.
(B) All state funded or conducted construction is exempt from this chapter. State funded or conducted construction activities must meet the requirements contained in the “State Plan for the Control of Construction Erosion and Stormwater Runoff” (state plan), which contains similar requirements as contained in this chapter as a minimum.
(Prior Code, § 22.03)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
COMMERCIAL LAND USE. Use of land for the retail or wholesale sale of goods or services.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
CONTROL PLAN. A written description of the number, location, sizes, 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 Zoning Administrator.
EROSION. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
LAND DEVELOPING ACTIVITY. The construction of buildings, roads, parking lots, paved storage areas, and similar facilities.
LAND DISTURBING CONSTRUCTION ACTIVITY. Any human-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.
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.
LANDOWNER. Any person holding title to, or having an interest in, land.
RUNOFF. The rainfall, snow melt, or irrigation water flowing over the ground surface.
SET OF ONE-YEAR DESIGN STORMS. The following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 4, 6, 12, and 24 hours that occur approximately once per year. The following are typical characteristics of these ONE-YEAR STORMS for most of the state.
Storm Duration (Hours) | Average Rain Intensity (Inches/Hour) | Total Rain (Inches) |
Storm Duration (Hours) | Average Rain Intensity (Inches/Hour) | Total Rain (Inches) |
0.5 | 1.0 | 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.
(Prior Code, § 22.04)
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 Public Works Committee and the Zoning Administrator.
(Prior Code, § 22.05)
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.
(Prior Code, § 22.06)
(A) This section applies to the following sites of land development or land disturbing activities:
(1) Those requiring a subdivision plat approval or the construction of houses or commercial, industrial, or institutional buildings on lots of approved subdivision plats;
(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 400 cubic yards or more of dirt, sand, or other excavation or fill material;
(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; and
(7) The village will enter into letter agreement with utility companies as to their responsibilities on work performed in the village.
(B) The following requirements shall be met on all sites described in division (A) above.
(1) Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope 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 Zoning Administrator. Water may not be discharged in a manner that causes erosion of the site or receiving channels.
(2) 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) Each site shall have gravel 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 work day.
(4) All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards, and specifications.
(5) 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 in division (B)(5)(c)3. below. 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 .05 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. Soil and 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 meeting either divisions (B)(5)(c)1. and (B)(5)(c)2. or (B)(5)(c)1. and (B)(5)(c)3. below.
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 ten 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 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 one year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low as not to cause erosion along the discharge channel or receiving water.
3. For sites with less than ten acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all side slope and down slope 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 ten cubic yards of material should be located with a down slope drainage length 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.
(Prior Code, § 22.07)
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