[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.
A.
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.
B.
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:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirements of § 490-7B.
A practice or combination of practices to control erosion
and attendant pollution.
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.
The construction 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; harvesting of
trees; and landscaping modifications.
Any person holding title to or having any interest in land.
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.
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:[1]
|
Storm Duration
(hours)
|
Rain Intensity
(inches per hour)
|
Average Total Rain
(inches)
| |
|---|---|---|---|
|
0.5
|
1.8
|
0.9
| |
|
1
|
1.1
|
1.1
| |
|
2
|
0.7
|
1.3
| |
|
3
|
0.5
|
1.5
| |
|
6
|
0.3
|
1.7
| |
|
12
|
0.2
|
2.0
| |
|
24
|
0.1
|
2.3
|
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.
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
(2)
Those requiring a certified survey approval or the construction of
houses or commercial, industrial or institutional buildings on lots
of approved certified surveys.
(3)
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)
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)
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.
|
(Note: The above applicability criteria are specifically stated
in 1983 Wisconsin Act 416 for inclusion in this article. Utility companies
responsible for energy repair work should enter into a memorandum
of agreement with the Building Inspector clearly stating their responsibilities
if their activities may be included under any of the above applicability
criteria.)
|
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
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.
|
[Note: There are several ways to meet this particle size performance
objective, depending on the pumping rate. As an example, if the pumping
rate is very low (one gallon per minute), then an inclined or vertical
enlargement pipe (about eight inches in diameter for one gallon per
minute) several feet long would be an adequate control device to restrict
the discharge of 100 micron and larger particles. As the pumping rate
increases, then the device must be enlarged. At a moderate pumping
rate (100 gallons per minute), a vertical section of corrugated steel
pipe, or concrete pipe section, or other small tank (about 4 1/2 feet
across for a pumping rate of 100 gallons per minute) several feet
tall would be adequate. With these pipe sections or small tanks, inlet
baffles would be needed to minimize turbulence. With very large pumping
rates (10,000 gallons per minute), sediment basins (about 35 feet
in diameter for a pumping rate of 10,000 gallons per minute) at least
three feet in depth with a simple (but adequately sized) pipe outlet
would be needed. More sophisticated control devices (such as swirl
concentrators or hydrocyclones) could be specially fabricated that
would generally be smaller than the simple sedimentation devices described
above, but they would not be required.]
|
(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 by runoff into a receiving channel or storm sewer system.
(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.
(4)
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.
(5)
Site erosion control. The following criteria 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 in Subsection B(5)(c)[3]. 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.)[2]
(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 of the following:
[1]
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.
[2]
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.
[3]
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.
(d)
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.
A.
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.
B.
Content of the control plan for land disturbing activities covering
more than one acre. The following shall be submitted:
(1)
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)
Site boundaries of adjacent lands which accurately identify
site location;
(b)
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)
One-hundred-year floodplains, flood-fringes and floodways;
(d)
Location of the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving; and
(h)
Site topography at a contour interval not to exceed five feet.
(2)
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)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land disturbing activities;
(b)
Locations and dimensions of all temporary soil or dirt stockpiles;
(d)
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
(e)
Provisions for maintenance of the construction site control
measures during construction.
C.
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.
D.
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.
E.
Permit.
(1)
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.
(2)
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.
(3)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the Building Inspector within 48 hours of commencing
any land disturbing activity;
(b)
Notify the Building Inspector of completion of any control measures
within 14 days after their installation;
(c)
Obtain permission in writing from the Building Inspector prior
to modifying the control plan;
(d)
Install all control measures as identified in the approved control
plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan;
(f)
Repair any situation or erosion damage to adjoining surfaces
and drainageways resulting from land developing or disturbing activities;
(h)
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
(i)
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.
B.
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.
C.
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.
D.
The Building Inspector or the Zoning Board of Appeals upon appeal
may retract the stop-work order or the revocation.
E.
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.
F.
Compliance with the provisions of this article may also be enforced
by injunction.
A.
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.
B.
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.
