[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 15, Ch. 2
of the 2001 Code. Amendments noted where applicable.]
This chapter is adopted pursuant to the guidelines
in § 62.234, Wis. Stats.
A.Â
Policy declaration. The City Council finds that runoff
from land disturbing activities carries a significant amount of sediment
and other pollutants to the waters of the state and the City of Weyauwega.
B.Â
Purpose. It is the purpose of this chapter to preserve
the natural resources; to protect the quality and quantity of the
surface water and groundwater of the state and City; 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 discharge from land disturbing activities to
lakes, streams and wetlands. The City Council finds that land uses
have significantly contributed to the process of soil erosion, runoff,
and sediment deposition in waters located within or near the City.
It is, therefore, declared to be the purpose of this chapter to control
and, if possible, prevent soil erosion and water runoff increases
and, thereby, to preserve the natural resources, control floods, and
prevent impairment of dams and reservoirs, protect the quality and
quantity of public waters and wetlands, prevent property damage, preserve
wildlife, protect the tax base and protect and promote the health,
safety, and general welfare of the people of the City of Weyauwega.
This chapter is in accordance and consistent with the City's Zoning
Code, so far as practicable.
A.Â
Scope of coverage. This chapter applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the City and the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this chapter. This chapter shall apply outside the City limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and Chapter 520, Subdivision of Land, of this Code, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats., and certified surveys as defined in this Code of Ordinances.
B.Â
Exclusions. The following activities are generally
excluded from coverage under this chapter:
(1)Â
State-funded or -conducted activities that are subject
to the state site erosion control and stormwater runoff plan. State-funded
or -conducted construction activities must meet the requirements contained
in the state plan for the control of construction erosion and stormwater
runoff, which contains similar requirements as contained in this chapter,
as a minimum.
(2)Â
Agricultural land uses as defined in this chapter
and quarries, except where the City Council, Plan Commission, City
Engineer or Building Inspector determines that erosion or runoff from
such agricultural or quarry uses is likely to occur which will threaten
watercourses or other environmentally sensitive areas unless control
measures are taken.
(3)Â
Small land disturbing activities such as gardens,
minor landscaping modifications and minor repair of sidewalks, paths
or driveways, except where the City Council, Plan Commission, City
Engineer or Building Inspector determines that erosion or runoff is
likely to occur which will threaten watercourses or other environmentally
sensitive areas unless control measures are taken.
The following definitions shall be applicable
in this chapter:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
The Building Inspector of the City of Weyauwega.
Use of land for the retail or wholesale sale of goods or
services, including office parks where nonretail business takes place.
A practice or combination of practices to control erosion
and attendant pollution (also known as "best management practice").
A written description of the number, locations, 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 Building Inspector and/or City Engineer.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man/woman to a new location and shall include the conditions
resulting therefrom.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
Any change to the land surface which may result in soil erosion,
sedimentation or increase in water runoff, including but not limited
to tilling, removal of vegetative cover, stockpiling of soil, grading,
excavating, livestock grazing and filling of land.
Any person holding title to or having any interest in land.
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff (also known as "best
management practices").
Any person who uses land collectively or individually as
owner, operator, lessor or renter or who occupies land by providing
work or service that requires alteration of the land or any person
who has made other arrangements with a landowner which gives him/her
the right and/or responsibility for use of the land.
Those activities where the land disturbance covers one or
more acres, where a subdivision (as defined by Ch. 236, Wis. Stats.)
is created, or where the City Council, Plan Commission, City Engineer
or Building Inspector determines that special circumstances due to
topography, proximity to watercourses or relation to sensitive environmental
area make the disturbance a major one.
Those activities where the land disturbance covers less than
one acre and the activities do not otherwise fall within the definition
of major land disturbing activities.
All continuous lands under the ownership or control of a
land occupier or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government or any combination
thereof.
All lands owned or controlled by any unit of government.
Includes, but is not limited to, ice or water flowing over
the ground surface.
Solid material, mineral or organic, that is in suspension,
is being transported to, or has been moved from its site of origin
by air, water, gravity or ice and has come to rest or has been deposited
on the earth's surface at another location.
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources, or the deposition of water-borne sediments in stream
channels, lakes, reservoirs, or on floodplains, usually resulting
from a decrease in the velocity of the water flow.
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.
Soil removed from a given site by land disturbing activities
or by the forces of erosion and redeposited at another site.
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
A closed conduit for conducting collected stormwater.
The waters derived from rains falling within a tributary
drainage basin, flowing over the ground surface or collected in a
water drainage system.
Land treatments or best management practices intended to
prevent erosion, sediment or runoff that include, but are not limited
to, gully control structures, grass waterways, riprap, detention basins
or ponds, sediment basins or ponds, infiltration basins or trenches,
flood retention dams, diversions, and lining channels with rock, concrete
or other materials. Contour strip cropping is not considered a structural
measure under this chapter.
Any element in a water drainage system which is made or improved.
All facilities used for conducting runoff to, through or
from a drainage area to the point of final outlet, including but not
limited to any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, reservoirs, detention
basins or ponds, storm sewers, streets, and pumping stations.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding,
however, any such day officially observed by the City as a legal holiday.
Also referred to as "business day."
All control measures required to comply with
this chapter shall be measures based on accepted design criteria,
standards and specifications periodically established by the United
States Natural Resources Conservation Service or Wisconsin Department
of Natural Resources or otherwise identified as acceptable by the
Building Inspector or City Engineer. Where design criteria, standards
or specifications conflict, the most restrictive provisions shall
apply.
All sedimentation basins and other control measures
necessary to meet the requirements of this chapter shall be maintained
consistent with the maintenance provisions contained in the Wisconsin
Construction Site Best Management Practice Handbook 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.Â
Applicability. This section applies to the following
sites of land development or land disturbing activities:
(1)Â
Those sites requiring certified survey map approval
or subdivision or land division plat approval under City land division
ordinances.
(2)Â
Those sites involving the construction of buildings
or other improvements on lots of approved certified surveys, land
division plats or subdivision plats.
(3)Â
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)Â
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)Â
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(6)Â
Those involving the laying, repairing, replacing,
inspecting or enlarging of an underground pipe or facility for a distance
of 300 feet or more.
(7)Â
Those sites involving the changing, enlargement, dredging
or other alteration to any watercourse, waterway and/or wetlands.
(8)Â
Those other situations (e.g., developments with slopes
over 12%) where the City Engineer or Building Inspector, at the request
of the Plan Commission or City Council, determines that erosion or
runoff is likely to occur unless control measures are taken.
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(Note: The above applicability criteria are
specifically stated in 1983 Wisconsin Act 416 for inclusion in this
chapter. Utility companies responsible for energy repair work should
enter into a memorandum of agreement with the City clearly stating
their responsibilities if their activities may be included under any
of the above applicability criteria.)
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B.Â
Minimum erosion control standards to be met. At a minimum, the erosion and runoff control standards listed below must be met on all sites described in Subsection A above. Additional or more stringent control standards may be required in those situations where the City Engineer and/or Building Inspector determines that special circumstances due to topography, proximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards.
A.Â
Management practices.
(1)Â
Temporary best management practice needs for various
drainage areas. The following temporary best management practices
shall be used to control sediment where erosion of the site, including
dirt piles, during construction will result in sediment reaching waters
of the state, public sewers or other off-site areas:
(a)Â
Small drainage areas with overland flow (generally
less than one acre). For drainage areas with overland flow (generally
less than one acre), a filter fabric fence or equivalent best management
practice placed along the downslope areas and along the side slope
areas as required or the disturbed area shall be properly mulched.
(b)Â
Drainage areas of two acres or less with concentrated
or channelized flow. For drainage areas of two acres or less with
concentrated or channelized flow, a filter fabric barrier or equivalent
best management practice placed at the downslope point of the disturbed
area or the disturbed area shall be properly mulched.
(c)Â
Drainage areas of five acres or less with concentrated
or channelized flow. A sediment trap or equivalent best management
practice placed at the downslope point of the disturbed area.
(d)Â
Drainage areas of more than five acres with
concentrated or channelized flow. For drainage areas of more than
five acres with concentrated or channelized flow, a sediment basin
or equivalent best management practice placed at the downslope point
of the disturbed area. The basin shall be properly maintained and
cleared out when necessary.
(e)Â
Steep slopes. Slopes of 12% or more may require
use of additional best management practices.
(2)Â
Sequenced activities. All activities on the site shall
be conducted in a logical sequence to minimize the area of bare soil
exposed at any one time and the amount of soil leaving the site.
(3)Â
Site stabilization. When the disturbed area is properly
stabilized by established vegetation or other permanent means, the
temporary best management practices may be removed. (Note: Permanent
best management practices specified in the Wisconsin Construction
Site Best Management Practice Handbook include sodding, seeding, grassed
waterway, geotextile-reinforced grassed waterway, and rock- and concrete-lined
waterway.)
(4)Â
Tracking minimization. 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 significant 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 the sediment will be controlled by a filter
fabric barrier, sediment trap, sediment basin or equivalent.
(5)Â
Drain inlet protection. Downslope on-site storm drain
inlets shall be protected.
(6)Â
Site dewatering. Water pumped from the site shall
be discharged to an appropriately sized filter fabric barrier, sediment
trap, sediment basin or equivalent best management practice. (Note:
Site dewatering on some sites is covered under the Wisconsin Pollutant
Discharge Elimination System Permit Program.)
(7)Â
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 following the occurrence. All other off-site sediment
deposits occurring as a result of construction activities shall be
immediately cleaned up.
(8)Â
Waste and material management and disposal. All waste
and unused building materials shall be properly managed and disposed
of to prevent pollutants and debris from being carried by runoff off
the site.
(9)Â
Roof drainage. All roof drainage from permanent buildings
shall discharge to pervious surfaces to increase infiltration and
reduce increases in runoff except where demonstrated to be infeasible
and a written waiver is granted by the City Engineer or Building Inspector.
B.Â
Additional erosion control standards to be met on larger sites. These control standards are in addition to the minimum control standards as set forth in Subsection A and thus include, but are not limited to, all sites involving land divisions, subdivisions or certified survey maps (where land divisions, subdivisions or certified survey maps involve either one or more acres or create five or more lots or building sites), or all sites where one or more acres are disturbed at a time, where special circumstances due to topography, proximity to watercourses or relation to environmentally sensitive lands make the disturbance a major one, shall meet the added control plan requirements as set up by the City Engineer or Building Inspector. These requirements may include required public dedication of water runoff control measures. The permittee is responsible for obtaining compliance with the control plan requirements. Informal guidelines for the control plan for a major land disturbing activity are hereto attached and incorporated herein as a part of this chapter as an addendum.[1]
[1]
Editor's Note: The guidelines are on file
at the office of the Building Inspector.
C.Â
Special circumstances. The control standards set forth
in this chapter are intended to apply on a typical development site.
When land disturbing and/or development activity is proposed for a
site with extraordinary features, the Plan Commission may recommend
to the City Council and the Council, at its discretion, will require
additional and/or more restrictive control standards and measures
before any control plan is approved or permit is issued. Extraordinary
sites include, but are not limited to, sites where land disturbing
or development activities are proposed to occur on slopes of more
than twelve-percent grade in designated floodplain, wetland, or conservancy
areas or in environmental corridor areas identified in the City Comprehensive
Plan.
D.Â
Land disturbing activities subject to stormwater runoff
control.
(1)Â
Land disturbing activities on public lands as defined
herein and on all private lands shall be subject to the runoff control
provisions of this section, if:
(a)Â
The activity will be a residential development
having less than 50% impervious area, disturbing more than five acres;
(b)Â
The activity will be a residential development
having more than 50% impervious area, disturbing more than three acres;
(c)Â
The activity will be a nonresidential development,
disturbing more than three acres;
(d)Â
A parking lot of one acre or more; or
(e)Â
In the opinion of the City Engineer, the runoff
from the land disturbing activity will create a hazard by exceeding
the safe capacity of the receiving water body in the area or will
cause undue channel erosion or an undue increase in water pollution
by increased scour and transport of particles or will otherwise endanger
the downstream property owners or their property. "Safe capacity"
is defined as the rate of flow that can be handled without flooding.
(2)Â
The owner, land occupier or land user shall be in
compliance with this subsection if he/she follows the procedure of
section and receives from the City Engineer an approved control plan
and a permit before commencement of any land disturbing activities
on lands subject to control under this section.
E.Â
Standards for stormwater runoff control for land disturbing
activities.
(1)Â
Land disturbing activities subject to runoff control regulation as described in this chapter shall meet the corresponding requirements of Subsection E(1)(a), (b) and (c) below:
(a)Â
Residential and other nonindustrial and noncommercial
certified surveys shall incorporate the following stormwater control
measures:
[2]Â
All driveways shall slope to adjacent lawns
to the extent practicable.
[3]Â
Where conditions are such that the depth to
the water table is three feet or greater during at least nine months
of the year, the stormwater drainage system for the development shall
include grassed swales for area drainage and underground perforated
drainage pipe for storm runoff conveyance. The applicant shall be
responsible for documentation for areas to be exempted from these
measures. Where the City Engineer finds the above to be impracticable,
conveyance shall be by traditional means.
(b)Â
Industrial sites of less than 100,000 square
feet and nonindustrial paved parking and storage areas with surface
areas totaling 5,000 to 500,000 square feet shall discharge to one
or more grit chambers or oil and grease traps. Each grit chamber or
oil and grease trap shall be designed to remove all particles greater
than 100 microns in size and shall be cleaned at least once every
three months. The pumped liquids from cleaning shall be discharged
to a licensed wastewater treatment plant.
(c)Â
Industrial sites of more than 100,000 square
feet, nonindustrial paved parking lots and storage areas greater than
500,000 square feet and industrial roofs larger than 10,000 square
feet shall discharge to one or more wet detention basins. These basins
shall have an aggregate area respectively of at least 1.5% of the
contributing surface area of the industrial site or 3% of the contributing
paved industrial areas, whichever is greater; at least 3% of the nonindustrial
paved area draining to it; and at least 3% of the industrial roof
area draining to it. These basins shall have a permanent pool depth
of three feet and shall be excavated periodically as needed to maintain
the three-foot depth.
(2)Â
Increases in storm runoff.
(a)Â
Regardless of proposed land use:
[1]Â
The proposed development shall not increase
peak flow rates of storm runoff from that which would have resulted
from the same storm occurring over the site with the land in its predevelopment
condition, for storms of twenty-four-hour duration and recurrence
intervals of two, five, 10, 25, 50 and 100 years; and
[2]Â
The volume of storm runoff resulting from the
ten-year storm of twenty-four-hour duration shall not be greater after
development than would have resulted from the same storm occurring
over the site with the land in its predevelopment condition.
(b)Â
Where Subsection E(2)(a)[1] and/or [2] is found to be unacceptable or inevitable on the proposed site by the City Engineer, the applicant shall specify an off-site area to meet these provisions and provide a suitable alternative contribution as determined in negotiation with the City Engineer.
F.Â
Erosion and runoff control by public dedication of
water runoff control. The City Council may require dedication of water
runoff control measures. When such dedication is required, the dedicated
land may also be utilized for parkland and for recreational use. Once
dedicated and accepted, the City shall maintain the runoff control
measures as necessary to adhere to this chapter and any other applicable
laws or contracts. The potential costs of maintaining proposed runoff
control measures will be among the criteria considered in both accepting
or rejecting an entire erosion and runoff control plan for the areas
and determining whether or not to require dedication to the City of
any or all runoff control measures. In the event that the City does
not require dedication of any water runoff control measures, the continued
maintenance of such measures shall be assured through such means as
deed restrictions, easements or a contract with the City.
A.Â
Permit application. No landowner or land user, other
than the City, 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 City Engineer.
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 and
a control plan and pay an application fee to the Building Inspector
or City Engineer. By submitting an application, the applicant is authorizing
the Building Inspector, City Engineer and other designated City officials
to enter the site to obtain information required for a review of the
control plan.
B.Â
Content of the control plan for land disturbing activities.
(1)Â
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:
(a)Â
Site boundaries of adjacent lands which accurately
identify site location;
(b)Â
Lakes, streams, wetlands, channels, ditches
and other watercourses on and immediately adjacent to the site. (Note:
The local unit of government should identify sensitive local waters
that may need to be further addressed by the control plan.);
(c)Â
One-hundred-year floodplains, flood fringes
and floodways;
(d)Â
Vegetative cover;
(e)Â
Location and dimensions of stormwater drainage
systems and natural drainage patterns on the site and the size, slope
and land cover of the upslope drainage areas;
(f)Â
Locations and dimensions of utilities, structures,
roads, highways, and paving; and
(g)Â
Site topography at a contour interval not to
exceed five feet.
(2)Â
Plan of final site conditions. A plan of final site
conditions on the same scale as the existing site map showing the
site changes.
(3)Â
Site construction plan. A site construction plan including:
(a)Â
Locations and dimensions of all proposed land
disturbing activities;
(b)Â
Locations and dimensions of all temporary soil
or dirt stockpiles;
(c)Â
Locations and dimensions of all construction
site management control measures necessary to meet the requirements
of this chapter;
(d)Â
Schedule of anticipated starting and completion
dates of each land disturbing or land developing activity, including
the installation of construction site control measures needed to meet
the requirements of this chapter; and
(e)Â
Provisions for maintenance of the construction
site control measures during construction.
C.Â
Emergency situations. Notwithstanding the above, a
private landowner or the City may commence land disturbing activity
without an approved control plan where immediate action is necessary
in order to respond to an existing or threatened emergency situation.
When such emergency activity is undertaken, care will be taken to
comply with the erosion and runoff control standards set forth in
this chapter to the fullest extent practicable under the circumstances.
The Building Inspector or City Engineer shall be notified by the private
landowner within three hours after commencing such land disturbing
activities under this subsection.
D.Â
Minor land disturbing activities, content of control
plan statement. Minor land disturbing activities are all those activities
other than those deemed to be major land disturbing activities. For
minor land disturbing activities, an erosion control plan (with simple
map) shall be submitted to briefly describe the site and erosion controls
(including the site development schedule). These documents will be
used to meet the requirements of this chapter.
E.Â
Review of major and minor land disturbing control
plans.
(1)Â
Major land disturbing activities. Within 30 days of
receipt of a completed control plan, the City Engineer and Building
Inspector shall determine if the requirements of this chapter are
met. The applicant shall be informed, in writing, of the reasons for
rejection or conditions of approval.
(2)Â
Minor land disturbing activities. Control plan statements
for minor land disturbing activities shall be reviewed by the Building
Inspector for compliance with this chapter. The Building Inspector
shall approve, reject or conditionally approve the plan within the
same number of working days as required for issuance of a building
permit, but in no event more than 10 working days after receipt of
the completed control plan statement. If the control plan statement
is rejected or conditionally approved, the applicant shall be informed,
in writing, of the reasons for rejection or conditions of approval.
F.Â
Permits.
(1)Â
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 Building Inspector
or City Engineer may extend the period one or more times for up to
an additional 180 days. The Building Inspector may require additional
control measures as a condition of the extension if they are necessary
to meet the requirements of this chapter.
(2)Â
Permit fees for major land disturbing activities.
The application fee for a major land disturbing activity permit shall
be set by the City Council.[1] In addition to this fee, before any permit will be issued,
the applicant shall pay the actual engineering fees or expenses incurred
by the City in connection with review of the control plan and the
engineering fees or expenses estimated to be incurred for on-site
inspection during the project. These additional charges shall be determined
by the Building Inspector and City Administrator.
(3)Â
Permit fees for minor land disturbing activities.
The application fee for a minor land disturbing activity permit shall
be set by the City Council, except where a building permit fee is
paid in connection with the same activity, then a fee as set by the
City Council shall be paid in order to obtain the necessary land disturbing
activity permit.
G.Â
Permit requirements for major land disturbing activity.
All major land disturbing activity permits shall require the permittee
to do at least the following:
(1)Â
The applicant shall provide the City, prior to issuance
of the permit, an irrevocable letter of credit, certificate of deposit
or certified check to the City in an amount equal to 125% of the estimated
cost of all required control measures as determined by the City Engineer
and/or Building Inspector. The security deposited shall guarantee
that all required control measures will be taken or installed according
to the approved plan. The security shall remain in full force for
the entire period of the permit unless released earlier by the City.
The City shall have the right to draw upon the security for the purposes
of obtaining compliance with the approved control plan as it deems
necessary. If the erosion and runoff control requirements of this
chapter are included as part of plat or certified survey map conditions
of approval, then security for performance of the control requirements
may be included as part of the overall security required for installation
of improvements under this Code of Ordinances.
(2)Â
Contact the Building Inspector upon completion of
any control measures and at least two business days prior to commencing
any land disturbing activity.
(3)Â
Obtain written permission from the City Engineer or
Building Inspector prior to modifying the control plan. The City Engineer
and Building Inspector are authorized to permit only those modifications
that comply with the terms of this chapter.
(4)Â
Install all control measures as identified in the
control plan.
(5)Â
Maintain all control measures as identified in the
control plan.
(6)Â
Repair any damage to adjoining surfaces and drainageways
resulting from any land developing or disturbing activities on the
permitted site.
(7)Â
Inspect the control measures after each rain of 0.5
inch or more and make needed repairs immediately.
(8)Â
Allow the Building Inspector, City Engineer, or other
designated City officials to enter the site for the purpose of inspecting
for compliance with the control plan or for performing any work necessary
to bring the site into compliance with the control plan and this chapter.
(9)Â
Keep a copy of the approved control plan on site.
H.Â
Permit requirements for minor land disturbing activity.
All minor land disturbing activity permits shall require the permittee
to:
(1)Â
Obtain permission in writing from the Building Inspector
prior to modifying the control plan. The Building Inspector is authorized
to permit only those modifications that comply with the terms of this
chapter.
(2)Â
Install all control measurers as identified in the
approved control plan.
(3)Â
Maintain all control measures as identified in the
control plan.
(4)Â
Repair any damage to adjoining surfaces and drainageways
resulting from any land developing or disturbing activities on the
permitted site.
(5)Â
Inspect the control measures after each rain of 0.5
inch or more and make needed repairs immediately.
(6)Â
Allow the Building Inspector, City Engineer, and other
designated City officials to enter the site for the purpose of inspecting
for compliance with the control plan or for performing any work necessary
to bring the site into compliance with the control plan and this chapter.
A.Â
The City Engineer, Building Inspector or other designated
City officials shall inspect all major land disturbing activities
in order to ensure compliance with the control plan and permit.
B.Â
In the case of minor land disturbing activities, the
Building Inspector shall inspect sites in order to ensure compliance
with the control plan and permit.
C.Â
If the land disturbing or land development activities
are being carried out without a valid permit, i.e., unauthorized,
City inspection officials may enter the land in question pursuant
to the special inspection warrant provisions of § 66.0119,
Wis. Stats.
A.Â
Violations. No land development or land disturbing
activities within the scope of this chapter may occur without full
compliance with the provisions of this chapter. Any person who violates
or fails to comply with any provision of this chapter is subject to
the enforcement and penalty provisions contained herein.
B.Â
Enforcement. This chapter shall be enforced consistent
with the policies and purposes underlying its adoption. The following
enforcement actions, or any combination thereof, may be taken in case
of a violation of this chapter:
(1)Â
Stop-work order.
(a)Â
A stop-work order may be issued by the City
Engineer, Building Inspector, or their authorized agents after an
inspection if:
(b)Â
Stop-work orders may be retracted when compliance
with the chapter is obtained. The City Engineer, City Council, Building
Inspector or their designee has the authority to retract a stop-work
order for major land disturbing activities; the Building Inspector,
City Engineer and their designees may retract stop-work orders on
minor land disturbing activities.
(2)Â
Revocation of permit. Where a stop-work order has
been issued in order to obtain compliance with a control plan, the
City may revoke the permit if the permittee does not cease the illegal
activity or obtain compliance with the control plan or permit conditions
within 72 hours from issuance of the stop-work order.
(3)Â
City to perform work. Seventy-two hours after posting
a stop-work order, the City may issue a notice of intent to the permittee
or landowner or land user of the City's intent to perform work necessary
to comply with this chapter. Upon receipt of permission from the landowner
or pursuant to a court order, the City Engineer and/or other designated
City officials or agents, as determined by the City Council, may go
on the land and commence the work. The costs of the work performed
by the City, plus interest, shall be billed to the permittee or the
landowner or may be recovered out of any security posted for such
purpose. In the event that a permittee or landowner otherwise fails
to pay the amount due, the City Administrator shall enter the amount
due on the tax rolls and collect as a special assessment against the
property pursuant to § 66.0703, Wis. Stats.
(4)Â
Injunction and other judicial remedies. Compliance
with the provisions of this chapter may also be obtained by the City
Council authorizing the City Attorney to commence appropriate action
to enjoin violations, compel compliance, or pursue other appropriate
judicial relief.
(5)Â
Private remedies preserved. These enforcement provisions
are not intended in any way to restrict or limit the rights of private
parties to pursue whatever private legal remedies they may have available
as a result of any erosion, sediment or water runoff.
C.Â
Penalties. Any person violating any provision of this chapter shall be subject to a forfeiture as provided in § 1-3. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the City shall issue a written warning to the person believed to be violating the chapter, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.
A.Â
Appeal or variance requests.
(1)Â
By applicant or permittee. Any aggrieved applicant,
permittee or land user may appeal any order, decision, determination
or inaction of the City in administering or enforcing this chapter
or may apply for a variance from the requirements of this chapter.
A filing fee as set by the City Council must accompany the appeal
or variance request.[1] Appeal or variance requests must be submitted in writing,
state the grounds for the appeal or variance request, and be filed
with the City Administrator. Publication and other associated costs
will be in addition to this fee and paid by the applicant.
(2)Â
Appeal by citizens.
(a)Â
An appeal of any order, decision, determination
or inaction of the City in administering or enforcing this chapter
may be commenced upon the filing of a petition signed by 25 adult
residents of the City and payment of a fee as set by the City Council
to cover the cost of the appeal.
(b)Â
The appeal must be filed with the City Administrator
and shall state written grounds for the appeal. A copy of any citizen
appeal shall be delivered or mailed to the applicant or permittee
by the City Administrator within five business days of its filing
with the City. The filing of a citizen appeal, by itself, does not
prohibit the commencement or continuation of any work or activity.
(4)Â
Multiple appeals prohibited. Once an appeal has been
filed on a matter, no other appeal on the same order, decision, determination
or inaction will be allowed. The Board of Appeals shall consolidate
appeals wherever possible to avoid a multiplicity of appeal proceedings
and to hasten the final resolution of a matter. The Board of Appeals
may allow additional parties to join a pending appeal where appropriate
and where such addition will not delay the proceedings.
B.Â
Authority.
(1)Â
Authority to grant variances. The Board of Appeals
shall decide all variance requests in accordance with the provisions
of this Code of Ordinances. The Board of Appeals shall only grant
such variances from the terms of this chapter as will not be contrary
to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this chapter is impracticable or
otherwise unreasonable or demonstrated to be unnecessary. Such variances
may be granted only when the Board of Appeals has been presented with
satisfactory proof that the variance will achieve compliance results
comparable to those set forth in this chapter.
(2)Â
Appeals. The Board of Appeals shall hear and decide
appeals where it is alleged that there is error in any order, decision
or determination made by City officials in administering this chapter.
The Board of Appeals shall use the rules, procedures, duties and powers
authorized by City ordinance and statute for the Board of Appeals
in hearing and deciding appeals and authorizing variances. The Board
of Appeals shall hear and decide within 30 days of receipt of the
written request and payment of the appeal fee, unless an extension
is agreed upon by the appellant and Board of Appeals. The procedures
utilized by the Board of Appeals shall be as prescribed in the City
Zoning Code.[3]
C.Â
Enforcement not stayed. The filing of an appeal or
variance does not preclude the City from commencing or continuing
any of the enforcement actions set forth herein or a forfeiture proceeding
set forth in this chapter unless the City Council specifically agrees
to stay such enforcements.
