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(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)
(A) General requirements. 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 Zoning Administrator. 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 ad a control plan and pay an application fee as provided in § 36.04 to the Village Administrator/Clerk. BY submitting an application, the applicant is authorizing the Zoning Administrator and Building Inspector to enter the site to obtain information required for the review of the control plan.
(B) Content of the control plan for land disturbing activities covering more than one acre.
(1) Existing site map. A map of existing site conditions on a scale of at least one inch equals 20 feet showing the site and immediately adjacent areas. The Zoning Administrator may approve adjustment of scale on very large parcels.
(a) Site boundaries and adjacent lands which accurately identify site location;
(b) Lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site. The Zoning Administrator may identify sensitive local waters and areas 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) Location and dimensions of utilities, structures, roads, highways, and paving; and
(h) Site topography at a contour interval not to exceed one foot. The Zoning Administrator may approve other contour intervals for particular site conditions as may be appropriate.
(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; and
(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 development 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.
(C) Content of control plan statement for land disturbing activities covering less than one acre, but meeting the applicability requirements stated in § 152.07(A). An erosion control 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 Zoning Administrator shall review the application and control plan to determine if the requirements of this chapter are met. The Zoning Administrator shall approve the plan, inform the applicant, and issue a permit. If the conditions are not met, the Zoning Administrator 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 Zoning Administrator shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the Zoning Administrator shall inform the applicant, in writing, of the reasons for 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 Zoning Administrator may extend the period one or more times for up to an additional 180 days. The Zoning Administrator 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 Zoning Administrator 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 Zoning Administrator within 48 hours of commencing any land disturbing activity;
(b) Notify the Zoning Administrator of completion of any control measures within 14 days after their installation;
(c) Obtain permission, in writing, from the Zoning Administrator 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 situation 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 one-half inch or more and at least once each week and make needed repairs;
(h) Allow the Zoning Administrator 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.
(Prior Code, § 22.08) (Ord. 03-2019, passed 2-14-2019)
The Zoning Administrator shall inspect construction sites as often as required to ensure compliance with the control plan. The fee for the cost of the work performed by the Zoning Administrator shall be as provided in § 36.04. If land disturbing or land development activities are being carried out without a permit, the Zoning Administrator shall enter the land pursuant to the provisions of Wis. Stats. § 66.0119.
(Ord. 03-2019, passed 2-14-2019)
(A) The Zoning Administrator may post a stop-work order if:
(1) Any land disturbing or land developing activity regulated under this chapter is being undertaken without a permit;
(2) The control plan is not being implemented in a good faith manner; or
(3) The conditions of the permit are not being met.
(B) If the permittee does not cease the activity or comply with the control plan or permit conditions within ten days, the Zoning Administrator may revoke the permit.
(C) If the landowner or land user, where no permit has been issued, does not cease the activity within ten days, the Zoning Administrator may request the Village Attorney to obtain a cease and desist order.
(D) The Zoning Administrator or the Board of Zoning Appeals may retract the stop-work order or the revocation.
(E) Ten day s after posting a stop-work order, the Zoning Administrator may issue a notice of intent o the permittee, landowner, or land user of the Zoning Administrator’s intent to perform work necessary to comply with this chapter. The Zoning Administrator may go on land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Zoning Administrator, plus interest at the rate authorized by the Zoning Administrator as provided in § 36.04, shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Village Administrator/Clerk shall enter the amount due on the tax role and collect as a special assessment against the property pursuant to Wis. Stats. § 66.60(16).
(F) Compliance with the provisions of this chapter may also be enforced by injunction.
(Prior Code, § 22.10) (Ord. 03-2019, passed 2-14-2019)
(A) The Board of Zoning Appeals, pursuant to § 30.04(C):
(1) Shall hear and decide appeals where it is alleged that there is error in any order, decision, or determination made by the Zoning Administrator in administering this chapter;
(2) Upon appeal, may authorize variances from the provisions of this chapter which are not contrary to the public interest and where, due to special conditions, a literal owing to enforcement of this chapter will result in the provisions unnecessary hardship; and
(3) Shall use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals and authorizing variances.
(B) Any applicant, permittee, landowner or land user may appeal any decision or order made by the Zoning Administrator in administering this chapter.
(Prior Code, § 22.11)
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