[HISTORY: Adopted by the Common Council of the City of Waterloo 7-2-2009 by Ord. No. 2009-10. Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 59.69, 60.62, 61.35 or 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 59.693, 60.627, 61.354 or 62.234, Wis. Stats., § 59.69, 60.62, 61.35 or 62.23, Wis. Stats., applies to this chapter and to any amendments to this chapter.
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
The City Council hereby designates the City Engineer as the authority to administer and enforce the provisions of this chapter.
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The City Council 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 City of Waterloo.
It is the purpose of this chapter 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 City of Waterloo.
This chapter applies to the following land-disturbing construction activities, except as provided under Subsection A(2):
Land-disturbing construction activity in excess of 4,000 square feet.
Land-disturbing activity on a slope greater than 12%.
Land-disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 1,000 cubic yards of material.
Land-disturbing activity that disturbs more than 200 linear feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel, including the placement, repair or removal of any underground pipe, utility or other facility within the cross-section of the channel.
Any land-disturbing activity that the local approval authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include but are not limited to land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the local approval authority shall be in writing, unless waived by the applicant.
This chapter does not apply to the following:
Land-disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Commerce under § Comm 21.125 or Comm 50.115, Wis. Adm. Code.
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the City Engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
Jurisdiction. This chapter applies to land-disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City of Waterloo.
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
- ADMINISTERING AUTHORITY
- A governmental employee, or a regional planning commission empowered under § 59.693, 60.627, 61.354 or 62.234, Wis. Stats., that is designated by the governing body to administer this chapter.
- AGRICULTURAL FACILITIES AND PRACTICES
- Has the meaning in § 281.16(1), Wis. Stats.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical.
- BEST MANAGEMENT PRACTICE or BMP
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
- BUSINESS DAY
- A day the office of the City Engineer is routinely and customarily open for business.
- CEASE-AND-DESIST ORDER
- A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
- CONSTRUCTION SITE
- An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
- DIVISION OF LAND
- The creation from one parcel of three or more parcels or building sites of 0.25 or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
- The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- The unincorporated area within three miles of the corporate limits of a first- , second- or third-class city, or within 1.5 miles of a fourth-class city or village.
- FINAL STABILIZATION
- That all land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
- GOVERNING BODY
- Town board of supervisors, county board of supervisors, city council, village board of trustees or village council.
- LAND-DISTURBING CONSTRUCTION ACTIVITY
- Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
- MAXIMUM EXTENT PRACTICABLE or MEP
- A level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- A written authorization made by the administering authority to the applicant to conduct land-disturbing construction activity or to discharge postconstruction runoff to waters of the state.
- Has the meaning given in § 283.01(13), Wis. Stats.
- Has the meaning given in § 281.01(10), Wis. Stats.
- RESPONSIBLE PARTY
- Any entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.
- Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
- Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
- SEPARATE STORM SEWER
- A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
- The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
- STOP-WORK ORDER
- An order issued by the administering authority which requires that all construction activity on the site be stopped.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(18), Wis. Stats.
Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 1993 Revision.
Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
For this chapter, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the "R factor," or an equivalent design storm using a Type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 372-9, that incorporates the requirements of this section.
Plan. An erosion and sediment control plan shall be developed in accordance with § 372-9 and implemented for each construction site.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls until the construction site has undergone final stabilization. No person shall be required to exceed an eighty-percent sediment reduction to meet the requirements of this subsection. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land-disturbing construction activity, or other appropriate mechanism.
Notwithstanding Subsection C(1), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation as to why the eighty-percent reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
Alternate requirements. The City Engineer may establish stormwater management requirements more stringent than those set forth in this section if the City Engineer determines that an added level of protection is needed for sensitive resources.
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the City Engineer.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 372-9 and shall pay an application fee as stated in the City of Waterloo Fee Schedule to the City Engineer. By submitting an application, the applicant is authorizing the City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
Editor's Note: The Fee Schedule is on file at the City Clerk-Treasurer's office.
Review and approval of permit application. The City Engineer 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:
Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the City Engineer shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
If the permit application and plan are approved, the City Engineer shall issue the permit.
If the permit application or plan is disapproved, the City Engineer shall state in writing the reasons for disapproval.
The City Engineer may request additional information from the applicant. If additional information is submitted, the City Engineer shall have seven business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Failure by the City Engineer to inform the permit applicant of a decision within 12 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.
Surety bond. As a condition of approval and issuance of the permit, the administering authority may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good-faith execution of the approved erosion control plan and any permit conditions.
Permit requirements. All permits shall require the responsible party to:
Notify the City Engineer within 48 hours of commencing any land-disturbing construction activity.
Notify the City Engineer of completion of any BMPs within 14 days after their installation.
Obtain permission in writing from the City Engineer prior to any modification pursuant to § 372-9B of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site erosion control log.
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods, and at least once each week make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection and a description of the present phase of the construction at the site.
Allow the City Engineer 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 control plan. Keep a copy of the erosion and sediment control plan at the construction site.
Permit duration. Permits issued under this section 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 City Engineer may extend the period one or more times for up to an additional 180 days. The City Engineer may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
Erosion and sediment control plan.
An erosion and sediment control plan shall be prepared and submitted to the City Engineer.
The erosion and sediment control plan shall be designed to meet the performance standards in § 372-7 and other requirements of this chapter.
Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:
Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer, structural measures shall be installed on upland soils.
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
Trapping of sediment in channelized flow.
Staging construction to limit bare areas subject to erosion.
Protection of downslope drainage inlets where they occur.
Minimization of tracking at all sites.
Cleanup of off-site sediment deposits.
Proper disposal of building and waste materials at all sites.
Stabilization of drainageways.
Control of soil erosion from dirt stockpiles.
Installation of permanent stabilization practices as soon as possible after final grading.
Minimization of dust to the maximum extent practicable.
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5 minute series topographic map.
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
Existing data describing the surface soil as well as subsoils.
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet:
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified one-hundred-year floodplains, flood fringes and floodways shall also be shown.
Boundaries of the construction site.
Drainage patterns and approximate slopes anticipated after major grading activities.
Proposed topography, drainage patterns and approximate slopes anticipated after major grading activities.
Areas of soil disturbance.
Location of major structural and nonstructural controls identified in the plan.
Location of areas where stabilization practices will be employed.
Areas which will be vegetated following construction.
Areal extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
Amendments. The applicant shall amend the plan if any of the following occur:
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The City Engineer notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this chapter shall be established by the City Engineer and may from time to time be modified by resolution. A schedule of the fees established by the City Engineer shall be available for review in City Hall.
If land-disturbing construction activities are being carried out without a permit required by this chapter, the City Engineer may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
The City Engineer may post a stop-work order if any of the following occur:
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 City Engineer may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
After posting a stop-work order under Subsection A, the City Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The City Engineer 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 City Engineer, plus interest at the rate authorized by the City Engineer, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $300 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
Compliance with the provisions of this chapter 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.
Board of Appeals. The Board of Appeals created pursuant to § 19-2 of the City's ordinance pursuant to § 59.694, 60.65, 61.354(4)(b) or 62.23(7)(e), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer in administering this chapter except for cease-and-desist orders obtained under § 372-12C;
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 the chapter will result in unnecessary hardship; and
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Who may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any office, department, board or bureau of the City of Waterloo affected by any decision of the City Engineer.