[Added 1-21-2014 by Ord. No. 2014-02]
A.
This article is adopted under the authority granted by § 60.627,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 60.62, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 60.627 Wis. Stats., § 60.62, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Town Board hereby designates the Town Administrator to administer
and enforce the provisions of this article.
[Amended 11-10-2016 by Res. No. 2016-05]
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under Ch. NR 151.004,
Wis. Adm. Code.
The Town Board finds that runoff from land-disturbing construction
activity carries a significant amount of sediment and other pollutants
to the waters of the state in the Town of Buchanan.
A.
It is the purpose of this article to further the maintenance of safe
and healthful conditions; prevent and control water pollution; prevent
and control soil erosion; protect spawning grounds, fish and aquatic
life; control building sites, placement of structures and land uses;
preserve ground cover and scenic beauty; and promote sound economic
growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land-disturbing construction
activity to waters of the state in the Town of Buchanan.
B.
It is also the purpose to meet the performance standards in Wis.
Admin. Code Subchapters III and IV of Ch. NR 151 (Wis. Admin. Code
Ch. NR 151.10 to 151.15, 151.20 to 151.26), and to meet the requirements
for construction erosion in the Phase II National Pollutant Discharge
Elimination System (NPDES) administered by the Federal Environmental
Protection Agency (EPA).
[Amended 11-10-2016 by Res. No. 2016-05]
The code provisions described and defining regulations with
respect to erosion and sediment control in Chapter 20, Outagamie County
Municipal Code, are hereby adopted and by reference made a part of
this article as if fully set forth herein. Any act required to be
performed or prohibited by a code provision incorporated herein by
reference is required or prohibited by this article. Any further amendments,
revisions or modifications of the code provisions incorporated herein
are intended to be made part of this article to ensure uniform county-wide
erosion and sediment controls. A copy of the Outagamie County Municipal
Code provisions and any further amendments shall be kept on file in
the Town Administrator's office.
A.
Permit required. No responsible party may commence a land-disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Town of Buchanan.
B.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of this article and shall pay fees identified in § 230-28 to the Town of Buchanan. By submitting an application, the applicant is authorizing the Town of Buchanan or its 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. The Town of Buchanan 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 20 business days of the receipt of a complete permit application, as required by Subsection B, the Town of Buchanan shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the Town of Buchanan
shall issue the permit.
(3)
If the permit application or plan is disapproved, the Town of Buchanan
shall state in writing the reasons for disapproval.
(4)
The Town of Buchanan may request additional information from the
applicant. If additional information is submitted, the Town shall
have 20 business days from the date the additional information is
received to inform the applicant that the plan is either approved
or disapproved.
(5)
Failure by the Town of Buchanan to inform the permit applicant of
a decision within 20 business days 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.
(1)
Establishment of the guarantee. The Town of Buchanan shall require
the submittal of a financial guarantee in the form of a surety bond,
cash escrow, or irrevocable letter of credit to guarantee a good faith
execution of the approved erosion control plan and any permit conditions.
(2)
The financial guarantee shall be in an amount determined by the Town
of Buchanan for the estimated administration, construction and maintenance
of the practices called for in the erosion and sediment control plan.
The Town of Buchanan may require the site to be certified by a professional
engineer.
(3)
The financial guarantee shall give the Town of Buchanan the funds
to complete the erosion and sediment control practices if the landowner
defaults or does not properly implement the approved erosion and sediment
control plan. Improper implementation of the plan shall be upon written
notice by the administering authority that the requirements of this
article have not been met.
(4)
Conditions for release. Conditions for the release of the financial
guarantee are as follows:
(a)
The Town of Buchanan shall release the portion of the financial
guarantee established to ensure installation of erosion and sediment
control practices, less any costs incurred by the administering authority
to complete installation of practices.
(b)
The release will occur after the stormwater practices have been
inspected by the administering authority and/or certified by a professional
engineer.
E.
Permit requirements.
(1)
The permit requirements will be set forth in the permit approval.
(2)
The Town of Buchanan and/or its designee shall have the right 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 erosion and sediment control
plan.
(3)
A copy of the erosion and sediment control plan shall be kept at
the site.
F.
Permit conditions. Permits issued under this article may include
conditions established by the administering authority in addition
to the requirements set forth in the permit approval letter where
needed to ensure compliance with the performance standards of this
article.
(1)
Permit duration. The permit duration will be set forth in the permit
approval.
(2)
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all best management practices
(BMPs) necessary to meet the requirements of this article until the
site has undergone final stabilization and final acceptance by the
Town of Buchanan.
G.
Alternate requirements. The Town of Buchanan may prescribe requirements
more stringent than those set forth in this article if the Town of
Buchanan determines that an added level of protection is needed for
sensitive resources.
The fees referred to in other sections of this article shall
be established by the Town Board and may from time to time be modified
by resolution. A schedule of the fees established by the Town Board
shall be available for review at the Town of Buchanan Town Hall.
If land-disturbing construction activities are being carried
out without a permit required by this article, the Town of Buchanan
or its designee may enter the land pursuant to the provisions of §§ 66.0119(1),
(2) and (3), Wis. Stats.
A.
The Town of Buchanan may post a stop-work order if any of the following
occurs:
B.
If the responsible party does not cease 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 Town
of Buchanan 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 Town of Buchanan, or if a responsible party violates a stop-work order posted under Subsection A, the Town of Buchanan may request the Town Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Town of Buchanan may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Town of Buchanan 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 Town of Buchanan, plus interest and an administrative fee at a rate authorized by the Town Board shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Administrator shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
[Amended 11-10-2016 by Res. No. 2016-05]
F.
Any person violating any of the provisions of this article shall
be subject to a forfeiture of not less than $25 nor more than $500
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
G.
Compliance with the provisions of this article may also be enforced
by injunction in any court with jurisdiction. It shall not be necessary
to prosecute for forfeiture or a cease and desist order before resorting
to injunctional proceedings.
A.
Board of Appeals. The Board of Appeals created pursuant to Article XIV of Chapter 525 of the Town of Buchanan ordinances and pursuant to § 60.65, Wis. Stats.:
[Amended 11-13-2018 by Ord. No. 2018-08]
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Town of Buchanan in administering this article except for cease and desist orders obtained under § 230-30C;
(2)
Upon appeal, may authorize variances from the provisions of this
article which are not contrary to the public interest and where owing
to special conditions a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Board of Appeals may be taken by any
aggrieved person or by any office, department, board, or bureau affected
by any decision of the Town of Buchanan.
[Amended 11-13-2018 by Ord. No. 2018-08]
C.
Court action. This section does not apply to determinations made
regarding this article in either municipal court or circuit court.
In such circumstances the appeal procedure shall be that set forth
for appealing municipal court decisions and/or circuit court decisions
as applicable.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this article unconstitutional or invalid,
the remainder of the ordinance shall remain in force and not be affected
by such judgment.
This article shall be in force and effect from and after its
adoption and publication. The above and foregoing article was duly
adopted by the Town Board of the Town of Buchanan.
Nothing in this article creates or imposes, nor shall be construed
to create or impose, any greater obligation or responsibility on the
municipality which has adopted this article than those minimum requirements
specifically required by State of Wisconsin Statutes and Department
of Natural Resources regulations.