This article is adopted pursuant to § 62.234, Wis. Stats., for the purpose of minimizing the amount of sediment and other pollutants carried by runoff from sites of construction or other land disturbing activities as enumerated in § 400-95 below.
A. 
Required. No landowner, land user or contractor shall, within the City, commence any activity enumerated in § 400-95 below before obtaining an erosion control permit from the Building Inspector.
B. 
Application; fee. Application for a permit shall be made on an application form provided by the Building Inspector and shall be accompanied by an erosion control plan in accordance with § 400-96 below and a fee in an amount as set from time to time by resolution of the Common Council.
[Amended 4-14-2015 by Ord. No. 233]
C. 
Grant or denial of permit. Within 10 working days after receipt of the application, the Building Inspector shall grant or deny the permit. If the permit is denied, the Inspector shall enumerate the required additions or modifications to the erosion control plan. Upon satisfactory revision of the plan, the permit shall be issued.
D. 
Exceptions. A permit shall not be required for the following:
(1) 
Agriculture land use. The use of land for planting, growing, cultivating and harvesting of crops and the pasturing or yarding of livestock.
(2) 
State projects. Any state-funded or -conducted activity which requires an erosion control plan similar to the requirements of this article.
The land disturbing activities requiring a permit under § 400-94 above are as follows:
A. 
Those involving grading, removal of protective ground cover or vegetation, excavation, landfilling or other land disturbing activity affecting a surface area of 4,000 square feet or more.
B. 
Those involving excavation or filling, or a combination thereof, affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.
C. 
Those involving street, highway, road or bridge construction or reconstruction.
D. 
Those involving the laying or repair of underground pipe for a distance of 300 feet or more.
E. 
Site dewatering which may create sediment control problems.
A. 
General. Erosion control plan criteria, standards and specifications have been established by the Building Inspector and are on file in his office. In drafting the plan, the applicant shall take into account and indicate on the plan all factors which may affect erosion control on and adjacent to the site and provide a site drawing drawn to scale, designating the location of the most suitable erosion control devices, so as to prevent sediment runoff to the greatest degree practicable. The plan shall also include a timetable of land disturbing activities, the area involved in each such activity, and the temporary and permanent procedures to be taken to minimize sediment runoff.
B. 
Erosion control devices. Erosion control devices shall include sedimentation basins, filter fences, straw bales and mulch, tarps, temporary and permanent seeding, sodding and channeling surface water around disturbed areas.
A. 
Waste and material disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
B. 
Tracking. Each site shall have graveled 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 workday.
C. 
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier.
The Building Inspector shall inspect the site as often as he deems necessary for the enforcement of this article.
A. 
Stop-work order. The Building Inspector may post a stop-work order if:
(1) 
Any land disturbing activity requiring a permit under this article is undertaken without a permit;
(2) 
The control plan, or any revised control plan, is not being implemented in a good faith manner; or
(3) 
The conditions of the permit are not being met.
B. 
Revision. If, because of excessive rainfall or other abnormal conditions, the erosion control plan in place is inadequate to prevent sediment runoff, the Building Inspector shall order the permittee to install additional erosion control devices and provide a timetable for such installation.
C. 
Permit revocation. If, within 10 days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the control plan, the Building Inspector may revoke the permit.
D. 
Cease-and-desist order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within 10 days, the Building Inspector may request the City Attorney to obtain a cease-and-desist order.
E. 
Special charge. Ten days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of his intent to perform work necessary to comply with this article. The Building Inspector may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Building Inspector shall be billed to the permittee or the landowner. In the event the permittee or landowner fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect as a special charge against the property, pursuant to § 66.0627, Wis. Stats.
Any person aggrieved by the grant or denial of a permit or any order issued by the Building Inspector may appeal to the Board of Zoning Appeals, pursuant to Article XXVI of this chapter.[1]
[1]
Editor's Note: Original Sec. 17.18(9), Penalties, which immediately followed this section, was repealed 4-14-2015 by Ord. No. 233.