[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
This article is adopted under the authority granted by § 62.234,
Wis. Stats. This article supersedes all provisions of an ordinance
previously enacted under § 62.23, Wis. Stats., that relate
to construction site erosion control. Except as otherwise specified
in § 62.234, Wis. Stats., § 62.23, Wis. Stats.,
applies to this article and to any amendments to this article.
B.
The provisions of this article are deemed not to limit any other
lawful regulatory powers of the same governing body.
C.
The Common Council hereby designates the Zoning Administrator to
administer and enforce the provisions of this article.
D.
The requirements of this article do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
(1)
Wisconsin Department of Natural Resources administrative rules, permits
or approvals, including those authorized under §§ 281.16
and 283.33, Wis. Stats.
(2)
Targeted nonagricultural performance standards promulgated in rules
by the Wisconsin Department of Natural Resources under § NR
151.004, Wis. Adm. Code.
The City of Prescott 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 Prescott.
It is the purpose of this article 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 Prescott.
A.
Applicability.
(1)
This article applies to the following land disturbing construction activities except as provided under Subsection A(2):
(2)
This article does not apply to the following:
(a)
Land disturbing construction activity that includes the construction
of a building and is otherwise regulated by the Wisconsin Department
of Safety and Professional Services under the Wisconsin Administrative
Code.
(b)
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 40 CFR 122 for land disturbing
construction activity.
(c)
Nonpoint discharges from agricultural facilities and practices.
(d)
Nonpoint discharges from silviculture activities.
(e)
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.
(3)
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, in the opinion of the Zoning Administrator, 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.
B.
Jurisdiction. This article applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the City of Prescott.
C.
Exclusions. This article 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 article, the following terms shall have the
meanings indicated:
A governmental employee, or a regional planning commission
empowered under § 62.234, Wis. Stats., that is designated
by the Common Council to administer this article.
Has the meaning in § 281.16(1), Wis. Stats.
A calendar year of precipitation, excluding snow, which is
considered typical.
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.
A day the office of the Zoning Administrator is routinely
and customarily open for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
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.
The creation from one parcel of two or more parcels 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.
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.
All land disturbing construction activities at the construction
site have been completed and 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.
The Common Council of the City of Prescott, Wisconsin.
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.
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
A written authorization made by the Zoning Administrator
to the applicant to conduct land disturbing construction activity
or to discharge post-construction 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.
Any entity holding fee title to the property or performing
services to meet the performance standards of this article 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.
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.
An order issued by the Zoning Administrator which requires
that all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
Has the meaning given in § 281.01(18), Wis. Stats.
A.
Design criteria, standards and specifications.
(1)
All BMPs required to comply with this article shall meet the design
criteria, standards and specifications based on any of the following:
(a)
Applicable design criteria, standards and specifications identified
in the Wisconsin Construction Site Best Management Practice Handbook,
WDNR Pub. WR-222 November 1993 Revision.
(b)
Other design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Ch. NR 151, Wis. Adm. Code.
(2)
For this article, 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.
A.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 500-9, that incorporates the requirements of this section.
B.
Plan. A written plan shall be developed in accordance with § 500-9 and implemented for each construction site.
C.
Erosion and other pollutant control requirements.
(1)
The plan required under Subsection B shall include 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 80% 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.
(2)
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 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
(3)
Where appropriate, the plan shall include sediment controls to do
all of the following to the maximum extent practicable:
(4)
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.
D.
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
E.
Alternate requirements. The Zoning Administrator may establish stormwater
management requirements more stringent than those set forth in this
section if the Zoning Administrator determines that an added level
of protection is needed for sensitive resources.
A.
Permit required. No responsible party may commence a land disturbing
construction activity subject to this article without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Zoning Administrator.
B.
Permit application and fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 500-9 and shall pay an application fee as prescribed in the City's fee schedule to the Zoning Administrator.[1] By submitting an application, the applicant is authorizing
the Zoning Administrator to enter the site to obtain information required
for the review of the erosion and sediment control plan.
[1]
Editor's Note: The current fee schedule is on file in the
City Clerk's office.
C.
Review and approval of permit application. The Zoning Administrator
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:
(1)
Within 30 business days of the receipt of a complete permit application, as required by Subsection B, the Zoning Administrator shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
(2)
If the permit application and plan are approved, the Zoning Administrator
shall issue the permit.
(3)
If the permit application or plan is disapproved, the Zoning Administrator
shall state in writing the reasons for disapproval.
(4)
The Zoning Administrator may request additional information from
the applicant. If additional information is submitted, the Zoning
Administrator shall have 30 business days from the date the additional
information is received to inform the applicant that the plan is either
approved or disapproved.
(5)
Failure by the Zoning Administrator to inform the permit applicant
of a decision within 15 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.
D.
Surety bond. As a condition of approval and issuance of the permit,
the Zoning Administrator 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.
E.
Permit requirements. All permits shall require the responsible party
to:
(1)
Notify the Zoning Administrator within 48 hours of commencing any
land disturbing construction activity.
(2)
Notify the Zoning Administrator of completion of any BMPs within
14 days after their installation.
(3)
Obtain permission, in writing, from the Zoning Administrator prior to any modification pursuant to § 500-9C of the erosion and sediment control plan.
(4)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(5)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(6)
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.
(7)
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.
(8)
Allow the Zoning Administrator 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.
G.
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 Zoning Administrator may extend the period one or
more times for up to an additional 180 days. The Zoning Administrator
may require additional BMPs as a condition of the extension if they
are necessary to meet the requirements of this article.
H.
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this article until the site has undergone final
stabilization.
A.
Erosion and sediment control plan.
(1)
An erosion and sediment control plan shall be prepared and submitted
to the Zoning Administrator.
(2)
The erosion and sediment control plan shall be designed to meet the performance standards in § 500-7 and other requirements of this article.
(3)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by construction activities.
(e)
Estimates, including calculations, if any, of the runoff coefficient
of the site before and after construction activities are completed.
(f)
Calculations to show the expected percent reduction in the average
annual sediment load carried in runoff as compared to no sediment
or erosion controls.
(g)
Existing data describing the surface soil as well as subsoils.
(h)
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
(i)
Name of the immediate named receiving water from the United
States Geological Service 7.5 minute series topographic maps.
(4)
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:
(a)
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.
(b)
Boundaries of the construction site.
(c)
Drainage patterns and approximate slopes anticipated after major
grading activities.
(d)
Areas of soil disturbance.
(e)
Location of major structural and nonstructural controls identified
in the plan.
(f)
Location of areas where stabilization practices will be employed.
(g)
Areas which will be vegetated following construction.
(h)
Areal extent of wetland acreage on the site and locations where
stormwater is discharged to a surface water or wetland.
(i)
Locations of all surface waters and wetlands within one mile
of the construction site.
(j)
An alphanumeric or equivalent grid overlying the entire construction
site map.
(5)
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:
(a)
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.
(b)
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 Zoning Administrator structural measures shall be
installed on upland soils.
(c)
Management of overland flow at all sites, unless otherwise controlled
by outfall controls.
(d)
Trapping of sediment in channelized flow.
(e)
Staging construction to limit bare areas subject to erosion.
(f)
Protection of downslope drainage inlets where they occur.
(g)
Minimization of tracking at all sites.
(h)
Cleanup of off-site sediment deposits.
(i)
Proper disposal of building and waste materials at all sites.
(j)
Stabilization of drainageways.
(k)
Control of soil erosion from dirt stockpiles.
(l)
Installation of permanent stabilization practices as soon as
possible after final grading.
(m)
Minimization of dust to the maximum extent practicable.
(6)
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.
B.
Erosion and sediment control plan statement. For each construction site identified under § 500-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Zoning Administrator. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this article, including the site development schedule.
C.
Amendments. The applicant shall amend the plan if any of the following
occur:
(1)
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.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The Zoning Administrator notifies the applicant of changes needed
in the plan.
The fees referred to in other sections of this article shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in City Hall.
If land disturbing construction activities are being carried
out without a permit required by this article, the Zoning Administrator
may enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.
A.
The Zoning Administrator may post a stop-work order if any of the
following occurs:
B.
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 Zoning
Administrator may revoke the permit.
C.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Zoning Administrator or if a responsible party violates a stop-work order posted under Subsection A, the Zoning Administrator may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
E.
After posting a stop-work order under Subsection A, the Zoning Administrator may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Zoning Administrator 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 Zoning Administrator, plus interest at the rate authorized by Common Council, 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 Subchapter VII of Ch. 66, Wis. Stats.
F.
Any person violating any of the provisions of this article shall be subject to a forfeiture as provided in § 1-4 of this Code and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G.
Compliance with the provisions of this article 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.
A.
Zoning Board of Appeals. The Zoning Board of Appeals created pursuant to § 30-3 of the City Code pursuant to § 62.23(7)(e), Wis. Stats.:
(1)
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Zoning Administrator in administering this article except for cease and desist orders obtained under § 500-12C.
(2)
Upon appeal, 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; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any office, department, board, or bureau
of the City of Prescott affected by any decision of the Zoning Administrator.
