This article is adopted pursuant to the guidelines in § 61.354,
Wis. Stats.
A.
Findings. The Village Board of the Village of Baldwin finds that
soil erosion from land disturbing activities and subsequent development
can disturb natural cover and land surfaces resulting in a change
of runoff patterns that may have a detrimental effect on water quality
and downstream uses. Land disturbing activities and subsequent development
need to be strictly regulated to avoid damage to other properties
and sensitive areas. Further, effective sediment and stormwater management
depends upon proper planning, design and timely installation of conservation
practices, as well as continuing maintenance practices.
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 Village;
and to protect and promote the health, safety and welfare of the people,
to the extent practicable by minimizing the amount of sediment, soil
loss, and other pollutants carried by runoff or discharged from land
disturbing activities and subsequent development of the property to
lakes, streams and wetlands.
This article applies to any land disturbing activity occurring anywhere within the territorial limits of the Village and publicly or privately owned lands within the extraterritorial plat review jurisdiction of the Village which involve an area in excess of 4,000 square feet or involve activity on a slope of greater than 10% grade which may have off-site impacts, excluding agricultural activities. This article shall not apply to construction sites regulated by the Wisconsin Uniform Dwelling Code (UDC), although the Village shall regulate these sites during the period that residential building permits are in effect under the provisions of § 235-3 of this Code consistent with then-existing UDC regulations. In addition, this article applies to activities unrelated to actual building construction such as, but not limited to, land disturbing activity prior to excavation for foundation work, landscaping, installation of driveways, parking areas and sidewalks, extensive earth work on sites not directly related to structural concerns, developments of ponds and channelized watercourses, commercial parks and landing strips or airport runways. The Village may enter into intergovernmental cooperative agreements pursuant to § 66.0301, Wis. Stats., with other governmental entities to enhance enforcement of these requirements.
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 practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Building Inspector and/or Village Engineer.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A control measure used to meet the requirements of § 286-7 of this article.
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
uses of his land.
The erosion control plan required by § 286-7 of this article.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
Lakes, perennially flowing and intermittent streams or wetlands.
The following rain intensities and rain volumes or corresponding
values specific to the community for the storm durations of 0.5, 1,
2, 3, 6, 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/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
|
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.
The rate, measured in tons per acre per year, at which soil
movement occurs as a result of sheet and rill erosion and does not
apply to ditches or areas of concentrated flows.
All control measures required to comply with this article shall
meet the design criteria, standards and specifications for the control
measures based on accepted design criteria, standards and specifications
identified by the Building Inspector and/or Village Engineer.
All sedimentation basins and other control measures necessary
to meet the requirements of this article 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. Activities on public lands and on all private lands
shall be subject to this article if:
(1)
There is a subdivision of land or a land division, as those terms are defined in Ch. 236, Wis. Stats., and Chapter 620, Subdivision of Land, of this Code.
(2)
An area of 4,000 square feet or greater will be disturbed by grading,
removal of protective ground cover or vegetation, excavation, land
filling or other land disturbing activities, or activities on a slope
of 10% or more.
(3)
Excavation, filling or a combination thereof exceeds 400 cubic yards
or more of dirt, sand or other excavation or fill material.
(4)
Any public street, highway, road or bridge is to be constructed,
enlarged, relocated or substantially reconstructed.
(5)
Any public or private utility laying, repairing, replacing or enlarging
an underground pipe or facility for a distance of 300 feet or more.
B.
General plan requirements.
(2)
Plan elements. All erosion control plans shall include the following
elements:
(a)
Site boundaries superimposed on a USGS 7.5 minute topographical
map;
(b)
Cross-sections of road and drainage ditches;
(c)
Profiles within road and drainage ditches;
(d)
Culvert sizes;
(e)
Direction of flow of runoff;
(f)
Watershed size for each drainage area;
(g)
Design discharges for ditches and structural measures;
(h)
Runoff velocities for particular projects:
(i)
Fertilizer, mulching and seeding rates and recommendations;
(j)
Time schedules for stabilization of ditches and slopes;
(k)
Plans shall adhere to the following minimum standards:
[1]
Prevent gully erosion and limit total off-site permissible annual
aggregate soil loss for exposed areas resulting from sheet and rill
erosion to an annual, cumulative rate not to exceed 15 tons per acre
per year for construction commencing between May 1 and October 31
each year and not to exceed 7.5 tons per acre per year for construction
commencing between November 1 and April 30 each year. Where sites
are located adjacent to or directly drain into sensitive areas, the
annual, cumulative rate shall not exceed 7.5 tons per acre per year
regardless of the starting date for the project;
[2]
Plan compliance under Subsection B(2)(k)[1] shall be determined using the Natural Resources Conservation Service technical guide or other commonly accepted soil erosion control methodology approved by the Village Engineer, which includes the following considerations: season of year, site characteristics, soil erodibility and slope; and
[3]
For internally drained sites, erosion control measures for plan
approval need not attempt to regulate soil transportation within the
limits of the disturbed area;
(l)
Description of methods by which sites are to be developed, indicating
how the project will be phased to minimize the extent of area disturbed
throughout the construction period;
(m)
A proposed timetable of steps to mitigate the erosion caused
by land disturbing activity, in a manner consistent with accepted
erosion control methods suitable to the specific site, including a
timetable for prompt revegetation;
(n)
Provisions to ensure no increase in surface water drainage from
sites during or after construction, unless water is discharged into
existing, adequate drainage areas, specifying all stormwater management
controls such as outlet control structures or basins necessary to
comply with maximum permitted discharges;
(o)
Provisions to prevent mud-tracking off-site onto public thoroughfares
during the construction period;
(p)
Special provisions for erosion control practices and maintenance
on sites with disturbed slopes greater than 10%; and
(q)
Special provisions for erosion control practices and maintenance
on sites adjacent to wetlands or surface water bodies, and any proposed
modifications to approved plans or alterations to accepted sequencing
of land disturbing activities at the site shall be approved by the
Village Engineer prior to implementation of said changes.
(3)
Content of standard erosion control plan for land disturbing activity. Applicants submitting erosion control proposals not meeting the criteria for a simplified plan checklist under Subsection C shall submit the following:
(a)
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:
[1]
Site boundaries of adjacent lands which accurately identify
site location;
[2]
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site;
[3]
One-hundred-year floodplains, flood fringes and floodways;
[4]
Location of the predominant soil types;
[5]
Vegetative cover;
[6]
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
[7]
Locations and dimensions of utilities structures, roads, highways
and paving; and
[8]
Site topography at a contour interval not to exceed two feet.
(b)
Plan of final site conditions. A plan of final site conditions
on the same scale as the existing site map showing the site changes.
(c)
Site construction plan. A site construction plan including:
[1]
Locations and dimensions of all proposed land disturbing activities;
[2]
Locations and dimensions of all temporary soil or dirt stock
piles;
[3]
Locations and dimensions of all construction site management
control measures necessary to meet the requirements of this article;
[4]
Schedule of anticipated starting and completion date of each
land disturbing or land developing activity, including the installation
of erosion control measures needed to meet the requirements of this
article; and
[5]
Provisions of maintenance of the erosion control measures during
construction and until permanent cover is well established.
C.
Simplified plan checklist. Applicants may submit erosion control
proposals using simplified checklists of standard erosion control
practices to be installed on sites, on a standard form approved by
the Village, wherever the following conditions exist:
A.
Application. No person may begin a land disturbing or a land development activity subject to this article, and no person shall receive a zoning permit without having received prior approval of an erosion control plan pursuant to § 286-7. The applicant shall submit an application for an erosion control permit along with a proposed erosion control plan and pay an application fee. By submitting an application, the applicant authorizes Village enforcement officials to enter the site to obtain specific information required for an informed review of the erosion control plan.[1]
B.
Review. Within 20 days of receipt of the application, the Village shall review the application. A simplified plan checklist pursuant to § 286-7C may be reviewed by the Zoning Administrator, other staff or a Building Inspector certified by the Wisconsin Department of Safety and Professional Services to review such plans. In all other cases, erosion control plans shall be reviewed by the Village Engineer. If the application and proposed plan are deficient, the approving official shall inform the applicant, in writing, of any deficiency and may either ask for additional information or disapprove the plan, giving written reasons for the disapproval. All deficiencies in the application and in the erosion control plan shall be corrected before an erosion control permit or a zoning permit is issued.
C.
Duration of erosion control permit. Any erosion control permit issued
shall be valid for a period of 180 days. Upon application, the Village
Engineer may extend the period for an additional 180 days, and may
require additional erosion control measures as a condition for the
extension if necessary to meet the requirements of this article. The
applicant shall not be required to pay any additional fee for any
extension granted.
D.
Surety. As a condition of approval and issuance of an erosion control
permit, the Village Engineer may require the applicant to deposit
a surety bond, irrevocable letter of credit or other form of surety
satisfactory in form and amount to the Village Attorney to assure
execution of the approved erosion control plan and any conditions
upon the erosion control permit.
E.
Conditions of permit. All erosion control permits shall require the
permittee to:
(1)
Notify the Building Inspector at least 48 hours prior to commencing
any land disturbing activity;
(2)
Notify the Building Inspector of completion of any erosion control
measures within 10 days after their installation;
(3)
Obtain written permission from the Building Inspector and/or Village
Engineer prior to modifying the erosion control plan;
(4)
Install all erosion control measures identified in the approved erosion
control plan;
(5)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the erosion control
plan;
(6)
Promptly repair any situation or erosion damage to adjoining services
and drainageways resulting from the land disturbing or land developing
activities regulated under the terms of the erosion control plan,
initiating the repair within 24 hours of notice of the situation or
erosion damage;
(7)
Inspect the erosion control measures after each rain of 1/2 inch
or more and at least once per week, and to initiate repairs within
24 hours;
(8)
Allow the Building Inspector and/or Village Engineer to enter the
site for the purpose of inspecting compliance with the erosion control
plan and for performing any work necessary to bring the site into
compliance with the erosion control plan;
(9)
Keep a copy of the erosion control plan on the site.
|
NOTE: These standards conditions shall be stated on the face
of any permit issued by the Village.
|
F.
Implementation of plan. The erosion control plan shall be implemented
prior to the start of any land disturbing or land developing activity,
and shall be maintained throughout the entire term of such activity.
The applicant is responsible for successful completion of the erosion
control plan as approved. Upon issuance of the permit, the permittee
shall be liable for any and all costs incurred resulting from noncompliance
with the permittee's approved plan. When a permittee seeks to
transfer an interest in property subject to an approved erosion control
plan prior to completion of the steps necessary to attain soil stabilization,
the permittee must secure approval from the Village to transfer any
portion of the permittee's responsibility for implementing the
approved plan to another party.
A.
Inspections. As part of the plan approval process, the Building Inspector
shall establish a minimum number of inspections to be conducted consistent
with the land disturbing or land developing activity proposed to be
undertaken.
B.
Verification. Within 10 days after completion of installation of all required erosion control measures in an approved plan, and when soil stabilization has been achieved, the permittee shall notify the Village to arrange a final inspection to verify plan compliance. This inspection shall not relieve the permittee from the responsibility to maintain erosion control measures or uphold plan requirements as set forth in § 286-7B.
C.
Noncompliance.
(1)
If an inspection reveals any noncompliance with an approved erosion
control plan, the Building Inspector shall notify the permittee or
his/her agent by certified or registered mail of all specific instances
of noncompliance. The notice shall describe the nature of the violation,
remedial actions needed, a schedule of remedial action and additional
enforcement action which may be taken.
(2)
Upon receipt of written notification from the Building Inspector,
the permittee shall bring the work into compliance with the erosion
control plan as necessary to meet the specifications and schedule
set forth by the Building Inspector in the notice. The permittee shall
initiate such corrective action within 24 hours of notification by
the Village.
(3)
If violations of this article are likely to result in damage to properties,
public facilities or waters of the Village and/or state, the Building
Inspector or designee may enter the land and take emergency actions
necessary to prevent such damage. The cost incurred by the Village,
plus interest and legal costs, shall be billed to the owner of record
title of the property and, if not paid, shall be entered on the tax
rolls and collected as a special charge pursuant to § 66.0627,
Wis. Stats.
D.
Stop-work orders.
(1)
The Building Inspector shall issue and post a stop work order under
either of the following circumstances:
(a)
Any land disturbing or land developing activity regulated under
this article is being undertaken without a permit;
(b)
Any noncompliance with an approved erosion control plan in which the permittee has failed to initiate corrective action within 24 hours or to follow the specifications and schedule set forth by the Building Inspector under Subsection C above.
(c)
The Building Inspector may revoke approval of the plan issued
under this article for noncompliance with the provisions of this article.
(d)
Any erosion plan revocation, stop work order or cease and desist
order shall remain in effect unless retracted by the Building Inspector
or of a court of competent jurisdiction.
(e)
The Building Inspector is authorized to refer any violation
of this article, or of a stop-work order or cease and desist order
issued pursuant to this article, to the Village Attorney for the commencement
of further legal proceedings.
(2)
Upon issuance of a stop-work order, the only permissible activity
on the project shall be actions to bring the project into compliance
with the approved plan following the specifications and schedule set
forth by the Building Inspector, or actions to assure issuance of
an approved erosion control plan until such time as the Building Inspector
certifies compliance.
E.
Injunction. Every violation of this article is a public nuisance. Compliance with this article may be enforced by an action for an injunction by the Village pursuant to § 62.23(8), Wis. Stats. It shall not be necessary for the Village to prosecute for forfeiture pursuant to Subsection F before resorting to injunctional proceedings.
F.
Forfeitures. Any person violating any of the provisions of this article shall also be subject to a forfeiture, with penalties as provided in § 1-4.
G.
Transfers of ownership.
(1)
When a permittee transfers ownership, possession or control of property
subject to an uncompleted erosion control plan, the party who is successor
in interest to any portion of said real estate shall bear responsibility
to control soil erosion on that portion of the real estate under the
successor's ownership, possession or control, and shall comply
with the standards provided in this article.
(2)
When ownership, possession or control of property subject to an uncompleted
erosion control plan is transferred from one party to another, the
former owner shall notify the party taking possession as to the current
status of compliance with the approved erosion control plan, also
providing a copy of said notice to the Building Inspector, and shall
provide a copy of the approved erosion control plan to the purchaser
if the soil on the property being transferred has not been stabilized
prior to the date of transfer.
(3)
Transfers of interest in real estate subject to an approved, uncompleted
erosion control plan may be completed consistent with this article
under any of the following circumstances:
(a)
The transferee shall file a new; approved erosion control plan;
(b)
The transferee shall obtain an approved assignment from the
Village as sub-permittee to complete that portion of the approved
erosion control plan for the transferred property; or
(c)
The permittee shall provide the Village with a surety or a cash
deposit in an amount sufficient to complete the work proposed in the
approved plan. At the time of transfer, the permittee may seek to
reduce any prior surety to the amount necessary to complete the remaining
work. If the permittee enters into escrow agreements with transferees
to complete an approved plan, such escrowed amounts shall be available
to the Village to attain plan compliance. When an approved erosion
control plan is not completed as proposed, the Building Inspector
may obtain the surety to complete remaining work to achieve plan compliance.
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 Building Inspector or Village Engineer in
administering this article. Upon appeal, the Zoning Board of Appeals
may authorize variances from the provisions of this article which
are not contrary to the public interest and where owning to special
conditions a literal enforcement of the provisions of this article
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 appeals 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 Building
Inspector and/or Village Engineer in administering this article.
