[HISTORY: Adopted by the Village Board of the Village of Luck as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-6-1988 as Title 10, Ch. 5, of the 1988 Code]
This article is adopted pursuant to the guidelines in § 61.354, Wis. Stats.
Findings. The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the Village of Luck.
Purpose. It is the purpose of this article to preserve the natural resources; to protect the quality of the waters of the state and 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 article applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the Village 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 article. (Note: 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 article, as a minimum.)
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL LAND USE
- Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
- COMMERCIAL LAND USE
- Use of land for the retail or wholesale sale of goods or services.
- CONTROL MEASURE
- A practice or combination of practices to control erosion and attendant pollution.
- CONTROL PLAN
- A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this article submitted by the applicant for review and approval by the Building Inspector.
- The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
- LAND DEVELOPING ACTIVITY
- The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
- LAND DISTURBING CONSTRUCTION ACTIVITY
- 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; harvesting of trees; and landscaping modifications.
- Any person holding title to or having any interest in land.
- LAND USER
- Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his land.
- The rainfall, snowmelt, or irrigation water flowing over the ground surface.
- SET OF ONE-YEAR DESIGN STORMS
- The following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, one, two, three, six, 12 and 24 hours that occur approximately one per year. The following are typical characteristics of these one-year storms for most of Wisconsin:
- 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.
All control measures required to comply with this article shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Building Inspector.
All sedimentation basins and other control measures necessary to meet the requirements of this article shall be maintained 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.
Applicability. This section applies to the following sites of land development or land disturbing activities:
Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.
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.
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.
Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydrocyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the Building Inspector. Water may not be discharged in a manner that causes erosion of the site or receiving channels.
Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
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.
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.
Site erosion control. The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site:
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 in Subsection B(5)(c). Sheetflow 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 set of one-year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. (Note: Natural Resources Conservation Service guidelines for allowable velocities in different types of channels should be followed.)
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
Runoff from the entire disturbed area on the site shall be controlled by meeting either of the following:
All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering, or other equivalent control measure.
For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and be constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than 15 microns in size, based on the set of one-year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low so as to not cause erosion along the discharge channel or the receiving water.
For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope 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.
Any soil or dirt storage piles containing more than 10 cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet to a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with straw bales or other appropriate filtering barriers.
Permit application. No landowner or land user may commence a land disturbance or land development activity subject to this article without receiving prior approval of a control plan for the site and a permit from the Building Inspector. 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 article shall submit an application for a permit and a control plan and pay an application fee to the Building Inspector. By submitting an application, the applicant is authorizing the Building Inspector to enter the site to obtain information required for a review of the control plan.
Content of the control plan for land disturbing activities covering more than one acre. The following shall be submitted:
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.
Site boundaries of adjacent lands which accurately identify site location;
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.);
One-hundred-year floodplains, flood-fringes and floodways;
Location of the predominant soil types;
Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site;
Locations and dimensions of utilities, structures, roads, highways, and paving; and
Site topography at a contour interval not to exceed five feet.
Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
Site construction plan. A site construction plan including:
Locations and dimensions of all proposed land disturbing activities;
Locations and dimensions of all temporary soil or dirt stockpiles;
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 article; and
Provisions for maintenance of the construction site control measures during construction.
Content of control plan statement for land disturbing activities covering less than one acre but meeting the applicability requirements stated in § 490-7A. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of this article.
Review of control plan. Within 45 days of receipt of the application, control plan (or control plan statement), and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this article are met. The Building Inspector shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Building Inspector shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 30 days of receipt of needed information, the Building Inspector shall again determine if the plan meets the requirements of this article. If the plan is disapproved, the Building Inspector shall inform the applicant in writing of the reasons for the disapproval.
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 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 article.
Surety bond. As a condition of approval and issuance of the permit, the Building Inspector may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions.
Permit conditions. All permits shall require the permittee to:
Notify the Building Inspector within 48 hours of commencing any land disturbing activity;
Notify the Building Inspector of completion of any control measures within 14 days after their installation;
Obtain permission in writing from the Building Inspector prior to modifying the control plan;
Install all control measures as identified in the approved control plan;
Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan;
Repair any situation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities;
Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan; and
Keep a copy of the control plan on the site.
The Building Inspector shall inspect construction sites at least once a month during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the control plan. If land disturbing or land development activities are being carried out without a permit, the Building Inspector shall enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
If the permittee does not cease the activity or comply with the control plan or permit conditions within 10 days, the Building Inspector may revoke the permit.
If the landowner or land user where no permit has been issued does not cease the activity within 10 days, the Building Inspector may request the Village Attorney to obtain a cease and desist order.
The Building Inspector or the Zoning Board of Appeals upon appeal may retract the stop-work order or the revocation.
Ten days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of the Building Inspector's intent to perform work necessary to comply with this article. The Building Inspector may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Building Inspector, plus interest at the rate authorized by the Building Inspector, shall be billed to the permittee or the landowner. In the event that a permittee or landowner fails to pay the amount due, the Village Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to § 66.0703, Wis. Stats. Any person violating any of the provisions of this article shall be subject to a forfeiture as provided in § 1-4 of this Code. Each day that a violation exists shall constitute a separate offense.
Compliance with the provisions of this article may also be enforced by injunction.
Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector in administering this article. Upon appeal, the Zoning Board of Appeals 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 this article will result in unnecessary hardship. The Zoning Board of Appeals shall use the rules, procedures, duties and powers authorized by statute for zoning boards of appeal in hearing and deciding appeals and authorizing variances.
Who may appeal. Any applicant, permittee, landowner or land user may appeal any order, decision or determination made by the Building Inspector in administering this article.