[HISTORY: Adopted by the Village Board of
the Village of Superior 1-10-2008 by Ord. No. 42. Amendments noted where
applicable.]
The Board finds that runoff from construction
sites can carry a significant amount of sediment and other pollutants
to the waters and rights-of-way of the Village. It is the purpose
of this chapter to preserve the natural resources; to protect the
quality of the waters of the Village; 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 runoff or discharged from construction sites to lakes, streams
and wetlands.
This chapter applies to land development and
land-disturbing activities on lands within the boundaries and jurisdiction
of the Village.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Use of land for the planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A practice or combination of practices to control erosion
and attendant pollution.
The most recent edition of the Department of Natural Resources'
Wisconsin Construction Site Best Management Practices Handbook.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A written description of the number, locations, sizes and
other pertinent information about best management practices designed
to meet requirements of this chapter.
The construction or demolition 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; and harvesting
of trees.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
The rainfall, snowmelt, dewatering or irrigation water flowing
over the ground surface.
The entire area included in the legal description of the
parcel or other land division on which the land development or land-disturbing
activity is proposed in the permit application.
To make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, concrete, gravel or
other measure.
Employees of the Village authorized by the Board to implement
provisions of this chapter of the Village Code.
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
A calendar day, except Saturdays, Sundays and Village-recognized
legal holidays.
All best management practices required to comply
with this chapter shall meet the design criteria, standards and specifications
set forth in the BMP Handbook or adopted by the Village Board.
All best management practices necessary to comply
with the requirements of this chapter shall be maintained by the applicant
or subsequent landowner during the period of land disturbance and
development of the site in a satisfactory manner to ensure adequate
performance and to prevent nuisance conditions. The standards for
maintenance of best management practices shall be as set forth in
the BMP Handbook or adopted by the Village Board.
A.
Applicability. This section applies to the following
sites of land development or land-disturbing activities:
(1)
Those requiring a subdivision plat approval;
(2)
Those requiring a certified survey approval;
(3)
Those involving grading, removal of protective ground
cover or vegetation, demolition, excavation, land filling or other
land-disturbing activity;
(4)
Those involving excavation or filling or a combination
of excavating 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)
Those involving grading, removal of protective ground
cover or vegetation, excavation, demolition, land filling or other
land-disturbing activity on slopes of 12% or more.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A of this section:
(1)
Site dewatering. Water pumped from the site shall
be treated by sediment basins or other appropriate best management
practices specified in the BMP Handbook. Water may not be discharged
in a manner that causes erosion by the site, adjacent sites or receiving
channels.
(2)
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 off site by runoff or wind.
(3)
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
before the end of each workday. Flushing may not be used unless sediment
will be controlled by a sediment basin or other appropriate best management
practice specified in the BMP Handbook.
(4)
Drain inlet protection. All storm drain inlets shall
be protected with a straw bale, filter fabric, or equivalent barrier
as specified in the BMP Handbook or approved by the Board or its designee.
(5)
Sediment cleanup. All off-site sediment deposits occurring
as a result of a storm event shall be cleaned up by the end of the
next workday. All other off-site sediment deposits occurring as a
result of construction activities shall be cleaned up by the end of
the workday.
(6)
Site erosion control. The following criteria, Subsection B(6)(a) through (e), 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 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 0.5 foot per second across
the disturbed area for the ten-year, twenty-four-hour storm, as defined
in the BMP Handbook. Diverted runoff shall be conveyed in a manner
that will not erode the conveyance and receiving channels. For allowable
velocities in different types of channels, Natural Resources Conservation
Service guidelines shall be followed.[1]
(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 Subsection B(6)(c)[1] and [2] or [1] and [3] of this section.
[1]
All disturbed ground left inactive for seven
or more days shall be stabilized by temporary or permanent seeding
and mulching, sodding, covering with tarps, or equivalent best management
practices. If temporary seeding is used, a permanent cover shall also
be required as part of the final site stabilization. Seeding or sodding
shall be conducted as specified in the BMP Handbook or by the Building
Inspector. Variances from the requirements of this subsection may
be granted by the Building Inspector upon application, but only if
the failure to comply is due to extended periods of rain or other
construction delays beyond the control of the responsible party.
[2]
For sites with 10 or more acres disturbed at
one time, or if a channel originates in the disturbed area, one or
more sediment basins shall be constructed. Each sediment basin shall
be designed and constructed as specified in the BMP Handbook.
[3]
For sites with less than 10 acres disturbed
at one time, filter fences, straw bales, or equivalent best management
practices shall be placed along all side-slope and downslope 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)
Sites with slopes of 12% or more may require additional or different controls than listed in Subsection B(6)(c) of this section. Requirements for such slopes shall be as specified by the Director of Public Works or his or her designee.
(e)
Wherever possible, soil or dirt storage piles
shall be located 25 feet from any downslope road, lake, stream, wetland,
or drainage channel. Straw bale or filter fabric fences shall be placed
on the downslope side of the piles. If remaining for more than 30
days, piles shall be stabilized by mulching, vegetative cover, tarps
or other means. The Director of Public Works or his or her designee
may require additional or different best management practices for
piles located closer than 25 feet to a road, lake, stream, wetland,
or drainage channel.
(f)
When the disturbed area has been stabilized
by permanent vegetation or other means, temporary best management
practices such as filter fabric fences, straw bales, and sediment
tarps shall be removed.
No landowner or land user may commence a land
development or land-disturbing activity subject to this chapter without
receiving prior approval of an erosion control plan for the site and
a permit from the Village. At least one landowner or land user controlling
the site and desiring to undertake a land development or land-disturbing
activity subject to this chapter shall submit an application for an
erosion control permit and a control plan and pay an application fee
to the Building Inspector. By submitting an application, the applicant
is authorizing the Board or other agent authorized by the Village
to enter the site to obtain information required for the review of
the erosion control plan.
For land development and land-disturbing activities
covering one or more acres, the erosion control plan shall contain
the following:[1]
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 extending at least 200 feet in each direction,
including:
(1)
Site boundaries and 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,
and the size, slope and land cover of up-slope drainage areas, peak
discharge, velocities, direction and destination of flows;
(7)
Locations and dimensions of utilities, structures,
roads, highways and paving;
(8)
Site topography at a contour interval not to exceed
two feet; and
(9)
Name, address and daytime telephone number of the
applicant and the person responsible for maintenance of best management
practices.
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 development
and land-disturbing activities;
(2)
Locations and dimensions of all temporary soil or
dirt stockpiles;
(3)
Locations and dimensions of all best management practices
necessary to meet the requirements of this chapter;
(4)
Schedule of anticipated starting and completion date
of each land development or land-disturbing activity, including the
installation of best management practices needed to meet requirements
of this chapter;
(5)
Provisions for maintenance of best management practices
during construction; and
(6)
Description of vegetation and other materials to be
used to stabilize the site, including a schedule for installation
and maintenance.
An erosion control plan statement (with simple
map) shall be submitted to briefly describe:
A.
Property boundaries and area to be disturbed;
B.
Direction of slopes before and after development;
C.
Existing and proposed buildings and other improvements;
D.
Size of up-slope drainage areas;
E.
Development schedule;
F.
Best management practices necessary to meet the requirements
of this chapter;
G.
Description of vegetation and other materials to be
used to stabilize the site, including a schedule for installation
and maintenance; and
H.
Name, address and daytime telephone number of the
applicant and the person responsible for maintenance of best management
practices.
A.
Erosion control plans for sites of one or more acres
of land development or land-disturbing activity. Within 30 working
days of receipt of the application, control plan, and fee, the Public
Works Department shall review the application and control plan to
determine if the requirements of this chapter are met. The Public
Works Department may request comments from other agencies. If the
requirements of this chapter are met, the Public Works Department
shall approve the plan, inform the applicant and issue a permit. If
the conditions are not met, the Public Works Department shall inform
the applicant in writing and may either require needed information
or disapprove the plan. Within 30 working days of receipt of needed
information, the Public Works Department shall again determine if
the plan meets the requirements of this chapter. If the plan is disapproved,
the Public Works Department shall inform the applicant in writing
of the reasons for disapproval.
B.
Erosion control plans for sites of less than one acre
of land development or land-disturbing activity. Within 20 working
days of receipt of the application, control plan statement, and fee,
the Public Works Department shall review the application and control
plan statement to determine if requirements of this chapter are met.
The Public Works Department may request comments from other staff
or agencies. If requirements of this chapter are met, the Public Works
Department shall approve the plan, inform the applicant and issue
a permit. If the conditions are not met, the Public Works Department
shall inform the applicant in writing and may either require needed
information or disapprove the plan. Within 20 working days of receipt
of needed information, the Public Works Department shall again determine
if the plan meets the requirements of this chapter. If the plan is
disapproved, the Public Works Department shall inform the applicant
in writing of the reasons for disapproval.
C.
No fill permit shall be issued for a site subject
to this chapter without an erosion control permit.
A.
Duration. Erosion control permits shall be valid for
a period of 180 days from the date of issuance. The Public Works Department
may extend the period one or more times for up to an additional 180
days. The Public Works Department may require additional best management
practices as a condition of the extension if they are necessary to
meet the requirements of this chapter.
B.
Surety bond. As a condition of approval and issuance
of the permit, the Village may require the applicant to deposit a
surety bond or irrevocable letter of credit, in an appropriate amount,
or cash escrow to guarantee a good faith execution of the approved
erosion control plan and any permit conditions.
C.
Permit conditions. All control permits shall require
the permittee to:
(1)
Notify the Public Works Department within two working
days of commencing any land development and land-disturbing activity;
(2)
Notify the Public Works Department of completion of
any best management practices within the next working day after their
installation;
(3)
Obtain permission in writing from the Public Works
Department prior to modifying the erosion control plan;
(4)
Install all best management practices as identified
in the approved erosion control plan;
(5)
Maintain all road drainage systems, stormwater drainage
systems, best management practices and other facilities identified
in the erosion control plan;
(6)
Repair any situation or erosion damage to adjoining
surfaces and drainageways resulting from land development or land-disturbing
activities;
(7)
Inspect the best management practices after each rain
of 0.5 inch or more and at least once each week and make needed repairs;
(8)
Allow Village personnel or other agents authorized
by the Village to enter the site for the purpose of inspecting compliance
with the erosion control plan or for performing any work necessary
to bring the site into compliance with the erosion control plan; and
(9)
Keep a copy of the erosion control plan on the site.
If land development or land-disturbing activities
are being carried out without a permit, Village personnel may enter
the land pursuant to the provisions of § 66.0119, Wis. Stats.
A.
Notice of violation; stop-work order. The Public Works
Department may issue a notice of violation or post a stop-work order,
or both, if:
B.
Revocation of permit. If the permittee does not cease
the activity or comply with the erosion control plan or permit conditions
within 24 hours, the Building Inspector may revoke the erosion control
permit.
C.
Cease and desist order. If the landowner or land user
where no erosion control permit has been issued does not cease the
activity within 24 hours, the Building Inspector may request the Village
Attorney to obtain a cease and desist order.
D.
Retraction of stop-work order or revocation of permit.
The Building Inspector may retract the stop-work order or the erosion
control permit revocation.
E.
Notice of intent. After posting a stop-work order,
the Building Inspector may issue a notice of intent to the permittee
or landowner or land user of the Village's intent to perform work
necessary to comply with this chapter. Village personnel or other
agents authorized by the Village Board may go on the land and commence
the work three working days after the notice of intent is mailed or
served.
F.
Cost. If the cost of work performed by Village personnel
or other authorized agents, plus interest at the rate approved by
the Village Board, exceeds the amount deposited in the irrevocable
letter of credit, surety bond or cash escrow, the remainder shall
be billed to the permittee or the landowner. In the event a permittee
or landowner fails to pay the amount due, the Village Treasurer shall
enter the amount due on the tax rolls and collect as a special assessment
against the property pursuant to § 66.0703, Wis. Stats.
H.
Enforcement. Compliance with the provisions of this
chapter may also be enforced by injunction, citation, abatement of
nuisances or other appropriate and available remedy.
A.
Board of Appeals. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged
that there is error in any order, decision or determination made by
the Public Works Department or Building Inspector 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 owing to special conditions a literal enforcement of the provisions
of this chapter 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 Zoning Board of Appeals
may be taken by any aggrieved person or by any officer, department,
and board or bureau of the Village affected by any decision of the
Public Works Department or Building Inspector.
Fees referred to in this chapter shall be established
by the Village Board in a fee schedule and may from time to time be
modified by Village Board resolution. Fees shall be related to costs
involved in handling permit applications, reviewing control plans,
conducting site inspections and administering the erosion control
program.
