The Town Board finds that urbanizing land uses have accelerated
the process of soil erosion, runoff and sediment disposition in the
waters of the Town and neighboring municipalities. It is, therefore,
declared to be the purpose of this article to control and, if possible,
prevent soil erosion and minimize stormwater runoff increases and,
thereby, to preserve the natural resources, control floods and prevent
impairment of dams and reservoirs, protect the quality of public waters,
preserve wildlife, protect the tax base and protect and promote the
health, safety and general welfare of the public.
A.
General requirements. Any landowner or land user who undertakes,
begins, commences or performs land-disturbing activities; or who permits
another person to do the same, on land subject to this article, shall
be subject to the provisions of this article.
B.
Land-disturbing activities subject to erosion control. Land-disturbing
activities are subject to the erosion control provisions of this article
when an area of 5,000 square feet or greater will be disturbed by
removal of vegetation, excavation, grading, filling or other earth-moving
activities, resulting in a temporary or permanent absence of protective
ground cover or vegetation.
C.
Land-disturbing activities subject to runoff control. Land-disturbing
activities are subject to the runoff control provisions of this article
when, in the opinion of the Plan Commission, the increased runoff
from the land-disturbing activity will exceed the safe capacity of
the receiving water body, will overtax downstream public or private
drainage structures, cause channel erosion, increase water pollution
or otherwise endanger downstream property owners or their property.
Notwithstanding any other provision of this article, it shall
be a violation of this article for any condition to be established,
maintained or allowed to be maintained that results in excessive runoff
or erosion to adjacent land, public streets or water bodies, or sedimentation.
A.
Review and approval of erosion control plans by the Plan Commission
shall be based on necessary measures to minimize delivery of sediment
from the site to adjacent or downstream streets, lands or water bodies,
and on guidelines that shall be from time to time prepared by the
Zoning Administrator and approved by resolution of the Plan Commission.
B.
Review and approval of runoff control plans by the Plan Commission
shall be based on consideration of peak runoff rates from the site
after the land-disturbing activity is completed, which shall be limited
to a rate pro rated on the basis of the safe capacity of downstream
stormwater drainage systems.
A.
Unless specifically exempted by this article, no landowner or land
user may undertake a land-disturbing activity subject to this article
without receiving approval of a control plan and a permit from the
Plan Commission prior to commencing the proposed land-disturbing activity.
B.
Applications under this section shall be filed with the Town Clerk
at least 15 days prior to the Plan Commission meeting at which initial
consideration is expected and shall include a plan to control:
(1)
Surface water drainage and stormwater runoff.
(2)
Erosion and runoff resulting from land-disturbing activity during
and after development. The erosion control plan shall contain a map
of the existing site and adjacent lands, a plan of final site conditions
after completion of land-disturbing activity and a description and
schedule of planned land-disturbing activities and corrective measures,
all of which shall contain specific information as set forth in a
document entitled "Contents of Erosion Control Plans," which shall
be prepared by the Zoning Administrator and approved by resolution
of the Plan Commission. Copies may be obtained from the Zoning Administrator,
who shall from time to time revise the document.
In approving the control plan and in issuing permits under this
article, the Plan Commission shall consider the effect of the land-disturbing
activity on accumulation and dispersal of surface water drainage;
temporary erosion, runoff and sedimentation during the land-disturbing
activity and its effect on adjacent and/or downstream properties and
natural resources, including public waters.
The Zoning Administrator shall administer and enforce the provisions
of this article. He shall review all permit applications and control
plans and forward the same to the Plan Commission for review. He shall
issue permits only after approval by the Plan Commission, and may
revoke any such permit if the permittee has misrepresented any material
fact on the permit application or control plan, has failed to comply
with the control plan as originally approved or has violated any of
the other conditions of the permit as issued.
Appeals from decisions of the Plan Commission under this article
shall be by certiorari to the Waukesha County Circuit Court.
