[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds 11-8-2006 by Ord. No. A-186 (Ch. 17 of the 2001
Village Code). Amendments noted where applicable.]
This chapter is adopted under the authority granted by §§ 61.34(1),
61.35, 61.354, 62.23 and 236.45, Wis. Stats.
The Village of Blue Mounds finds that land uses have significantly
contributed to the process of soil erosion, runoff and sediment deposition
in waters located within or near the Village of Blue Mounds. It is,
therefore, declared to be the purpose of this chapter to control and,
if possible, prevent soil erosion and minimize water runoff increases
and, thereby, to preserve the natural resources, control floods and
prevent impairment of dams and reservoirs, protect the quality of
public waters and wetlands, prevent property damage, preserve wildlife,
protect the tax base, and protect and promote the health, safety and
general welfare of the people of the Village of Blue Mounds. This
chapter is in accordance with and consistent with Chapter 285, Zoning,
so far as practicable.
The purpose of this chapter is to regulate construction site
erosion and stormwater runoff, to accomplish the following objectives:
A.
Promote regional stormwater management by watershed;
B.
Minimize sedimentation, water pollution from nutrients, heavy metals,
chemical and petroleum products and other contaminants, flooding and
thermal impacts to the water resources of Blue Mounds;
C.
Promote infiltration and groundwater recharge;
D.
Protect functional values of natural watercourses and wetlands;
E.
Provide a set of performance standards that are consistent with the
standards set forth by Dane County;
F.
Achieve an eighty-percent reduction in sediment load rates to Dane
County waters compared to no controls for all new development, a forty-percent
reduction in sediment load rates compared to no controls for all redevelopment
and street reconstruction, and a twenty-percent reduction in sediment
load rates compared to no controls for existing developments;
G.
Ensure no increase in temperature of stormwater postconstruction
in order to protect cold-water communities;
H.
Ensure no increase in the rate of surface water drainage from sites
during or after construction; and
I.
Protect public and private property from damage resulting from runoff
or erosion.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easement, covenants, deed restrictions,
agreements, rules, regulations, ordinances or permits previously adopted
or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirement
or interpretation shall control.
The following terms, wherever they appear in this chapter, are
defined as follows:
That a regulated activity has significantly:
Alterations or disturbances of land for the commercial production
of food and fiber, including but not limited to, general farming,
livestock and poultry enterprises, grazing, nurseries, horticulture,
viticulture, truck farming, forestry, sod production, cranberry production
and wild crop harvesting, and includes lands used for on-site structures
necessary to carry out such activities. Commercial forestry activities
are not included within agricultural land uses for purposes of this
chapter.
A practice, technique, or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
These can include structural, vegetative or operational practices.
Surface waters capable of supporting a community of cold
water fish and other aquatic life, or serving as a spawning area for
cold-water fish species [§ NR 102.04(3)(a) Wisconsin Administrative
Code].
For the retail or wholesale sale of goods or services.
Preventing or reducing soil erosion and sedimentation from
land disturbing activity.
A written description of the control measurers (including
the number, locations, sizes and other pertinent information) designed
to meet the requirements of this chapter.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
Buildings and other structures and impervious area existing
prior to ordinance adoption.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved to a new location and shall include the conditions resulting
therefrom.
An irrevocable letter of credit or similar guarantees acceptable
to the Village of Blue Mounds Attorney to assure that requirements
of this chapter are carried out in compliance with the stormwater
management plan.
The planting, management or harvesting of timber.
The Village Board of the Village of Blue Mounds.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this chapter,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious, unless specifically designed to encourage
infiltration and approved by the local approval authority.
The process by which rainfall or runoff seeps into the soil.
The construction or installation of any buildings, roads,
parking lots, paved storage areas, utility lines or similar facilities.
Any man-made change to the land surface which may result
in soil erosion, sedimentation or increase in water runoff, including
but not limited to tilling, removal of vegetative cover, stockpiling
of soil, grading, excavating, livestock grazing and filling of land.
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff.
Any person who uses land collectively or individually as
owner, operator, lessor or renters, or who occupies land by providing
work or service that requires alteration of the land, or any person
who has made other arrangements with a landowner which gives them
the responsibility for use of the land.
Any person holding title to or having an ownership interest
in land.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for enforcing stormwater and erosion control ordinances.
Any county, city, village or town ordinance adopted under
Chapter 236, Wis. Stats., to regulate the division of land.
Those activities where the land disturbance covers 20,000
square feet or more, the slope of the land is 6% or greater, where
a subdivision (as defined by Chapter 236, Wis. Stats.) is created,
or where the Village Engineer determines that special circumstances
due to topography, proximity to watercourses or relation to sensitive
environmental areas make the disturbance a major one.
Those activities where the land disturbance covers less than
20,000 square feet and the activities do not otherwise fall within
the definition of "major land-disturbing activities."
Any of the following activities:
Structural development, including construction of a new building
or other structures;
Expansion or alteration of an existing structure that results
in an increase in the surface dimensions of the building or structure;
Land-disturbing activities; or
Creation or expansion of impervious surface.
A rate of flow of stormwater runoff, usually measured in
feet per second, which does not erode soils. Non-erosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
All contiguous lands under the ownership or control of a
land occupier or land user.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or event.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
Any land cover that permits rain or melting snow to soak
into the ground.
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for reviewing stormwater and erosion control plans
under the local stormwater and erosion control ordinance.
The Village Clerk/Treasurer, or the municipal staff, agency
or contracted entity, as otherwise designated by the Village Board,
with responsibility for reviewing land divisions, certified survey
maps or subdivision plats, or any combination thereof, under Chapter
236 of the Wisconsin Statutes.
Refers to the extent and distribution of land cover types
anticipated to occur under conditions of full development of the submitted
plan. This term is used to match pre- and postdevelopment stormwater
peak flows as required by this chapter.
Refers to the extent and distribution of land cover types
present before the initiation of land development activity, assuming
that all land uses prior to land disturbing activity are in "good"
condition as described in the Natural Resources Conservation Service
Technical Release 55, "Urban Hydrology for Small Watersheds" (commonly
known as TR-55). This term is used to match pre- and postdevelopment
stormwater peak flows as required by this chapter. In a situation
where cumulative impervious surface created after the adoption of
this chapter exceeds the twenty-thousand-square-foot threshold, the
predevelopment conditions shall be those prior to any land disturbance.
All lands owned or controlled by any unit of government.
Any construction, alteration or improvement exceeding 4,000
square feet of land disturbance performed on sites where the entire
existing site is predominantly developed to commercial, industrial,
institutional or multifamily residential uses.
Includes but is not limited to ice or water flowing over
the ground surface.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Solid material, mineral or organic, that is in suspension,
is being transported or has been moved from a site by air, water,
gravity or ice and has come to rest or has been deposited on the earth's
surface at another location.
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources; or the deposition of waterborne sediments in stream
channels, lakes, reservoirs, or on floodplains, usually because of
a decrease in the velocity of the water.
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
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.
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
Soil removed from a given site by land-disturbing activities
or by the forces of erosion, and redeposited at another site.
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Dane County,
Wisconsin. For example, one-, two-, ten- and one-hundred-year storm
events mean the precipitation amounts that occur over a twenty-four-hour
period that have a recurrence interval of one, two, 10 and 100 years,
respectively.
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
A closed conduit for conducting collected stormwater.
The flow of water, which results from, and which occurs during
and immediately following, a rainfall, snow- or ice-melt event.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snowmelt or ice
melt within a tributary drainage basin, flowing over the ground surface
or collected in a water drainage system.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
Land treatments intended to prevent erosion, sediment or
runoff that include, but are not limited to: gully control structures,
grass waterways, riprap, detention basins or ponds, sediment basins
or ponds, flood retention dams, diversions, and lining channels with
rock, concrete or other materials. Contour strip cropping is not considered
a structural measure under this chapter.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, streambed or lakebed.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with regulations unnecessarily burdensome or unreasonable in light
of the purposes of this chapter.
The Village of Blue Mounds.
The persons or representative hired, appointed or retained
by the Village Board to routinely provide public works service, building
inspection or engineering services for the Village, and shall include
the Village Building Inspector, Village Engineer, Village Clerk/Treasurer,
or any other person designated by the Village Board or these particular
officers.
The person or a representative of the firm appointed or retained
by the Village of Blue Mounds to routinely provide engineering services
for the Village.
Any element in a water drainage system which is made or improved
by man.
All facilities used for conducting runoff to, through or
from a drainage area to the point of final outlet including, but not
limited to, any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, reservoirs, detention
basins or ponds, storm sewers, streets, and pumping stations.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding,
however, any such day officially observed by the Village as a legal
holiday.
A.
Within the Village. Unless specifically excluded herein, this chapter
applies to all land-disturbing and land developing activities occurring
within the corporate limits of the Village.
B.
Within the extraterritorial area. This chapter shall apply outside
the Village limits within the extraterritorial plat review area provided
by Chapter 236, Wis. Stats., but only to those land-disturbing activities
relating to, arising from, or connected with a subdivision as defined
in § 236.02(12), Wisconsin Statutes.
C.
Exclusions.
(1)
The following activities are generally excluded from coverage under
this chapter:
(a)
Agricultural land uses as defined in this chapter, and quarries,
except where the Village Engineer determines that erosion or runoff
from such agricultural or quarry uses is likely to occur which will
threaten watercourses or other environmentally sensitive areas unless
control measures are taken. Construction of agricultural buildings
resulting in new total impervious surface area of 20,000 square feet
or more are not exempt under this chapter.
(b)
Small land-disturbing activities such as gardens, minor landscaping modifications, and minor repair of sidewalks, paths or driveways (such activities are not considered "Redevelopment" under the definition of "redevelopment" in § 170-6 of this chapter), except where the Village Engineer determines that erosion or runoff is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
(2)
The following activities are generally excluded from the construction
site erosion control provisions of this chapter:
(a)
One- and two-family dwelling units regulated under the Wisconsin
Uniform Dwelling Code; the Village of Blue Mounds shall regulate these
sites during the period that residential building permits are in effect,
consistent with then-existing Wisconsin Uniform Dwelling Code requirements.
(b)
Construction of public buildings and buildings that are places
of employment relating to activities specifically regulated by the
Wisconsin Department of Safety and Professional Services during the
period that Department of Safety and Professional Services-authorized
building permits are in effect and specific erosion control procedures
on these construction sites are effective, pursuant to § 101.1206,
Wis. Stats.
(c)
State building projects subject to § 13.48(13) Wis.
Stats, and state highway projects subject to Wis. Admin. Code Ch.
Trans 401.
(3)
Notwithstanding the language of Subsection C(2), activities unrelated to actual building construction shall be subject to all the requirements of this chapter. These activities shall include, but are not limited to:
(a)
Land-disturbing activity prior to excavation for foundation
work;
(b)
Landscaping;
(c)
Installation of driveways, parking areas and sidewalks;
(d)
Earthwork on an area greater than 4,000 square feet on sites
not directly related to structural concerns; and
(e)
Development of ponds and channelized watercourses, commercial
parks, and landing strips or airport runways.
Unless otherwise specified herein, plans will not be approved nor permits issued unless erosion and sedimentation leaving the site during and after the land disturbance will not exceed that which would have been eroded if the land had been left in its undisturbed state and/or are controlled in accordance with established procedures, including, but not limited to, Minimizing Erosion in Urbanizing Areas, Wisconsin Construction Site Best Management Practice Handbook, or other technical guidelines as developed by the Dane County Land Conservation Department in cooperation with the Natural Resources Conservation Service, or the Department of Natural Resources or otherwise identified as acceptable to the Village Engineer and the Dane County Conservationist. Wisconsin Administrative Code § SPS 321.125 and DNR 216 shall herein be incorporated herein by reference. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply. In certain cases, the design criteria, standards, specifications and control measures may be modified by the Village Board as provided in § 170-11C of this chapter.
All control measures necessary to meet the requirements of this
chapter shall be maintained by the landowner and/or land user, and/or
permittee in a satisfactory manner to ensure adequate performance
and to prevent nuisance conditions during the period of land disturbance
and land development or for such longer period of time as specified
in the permit. Stormwater runoff control measures shall be maintained
in perpetuity. If the Village accepts a public dedication of a control
measure, then the Village will physically maintain the measure unless
otherwise agreed in writing. The method of payment of any or all of
the maintenance costs may be determined by the Village Board, as appropriate.
A.
Applicability. The erosion controls specified below apply to the
following sites of land development or land-disturbing activities:
(1)
Those sites involving grading, the removal of protective ground cover
or vegetation, excavation, land filling or other land-disturbing activity
affecting a land surface area of 4,000 square feet or more.
(2)
Those sites involving excavation or filling, or a combination of
excavation and filling, involving 400 cubic yards or more of sand
or other excavation or fill material.
(3)
Those sites involving any street, highway, road, or bridge construction,
enlargement, relocation or reconstruction.
(4)
Those sites involving the inspecting, laying, repairing, replacing
or enlarging of an underground pipe, cable or other facility for a
distance of 300 feet or more.
(5)
Those sites involving the changing, enlargement, dredging or other
alteration to any watercourse.
(6)
Land-disturbing activity on a slope of greater than 12%.
(7)
Land-disturbing activity that disturbs more than 100 lineal 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.
(8)
Any new public or private roads or access drives longer than 125
feet.
(9)
Those other situations where the Village Engineer determines that
erosion or runoff is likely to occur unless control measures are taken.
Any such determination shall be made in writing unless waived by the
applicant.
B.
Minimum erosion control standards to be met. At a minimum, and in addition to the standards set forth in §§ 170-8 and 170-14, the erosion control standards listed below must be met on all sites described in Subsection A above. Additional or more stringent control standards may be required in these situations where the Village Engineer determines that special circumstances due to topography, proximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards.
(1)
Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins or other appropriate control measures. Such sedimentation
basins shall have a depth of at least three feet, be surrounded by
a four foot high snow fence or equivalent barrier and have sufficient
surface area to provide a surface settling rate of not more than 1,500
gallons per square foot per day at the highest dewatering pumping
rate. Water may not be discharged in a manner that causes erosion
of the site, a neighboring site, or the bed or banks of the receiving
water.
(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 a graveled entrance pad of sufficient
width and length to prevent sediment from being tracked onto public
or private roadways. Sediment reaching a public or private road shall
be removed by street cleaning (not hydraulic flushing) before the
end of each workday.
(4)
Channelized runoff. Channelized runoff from adjacent areas passing
through the site shall be diverted around disturbed areas, if practical,
as determined by the Village Engineer.
(5)
Sequenced activities. All activities on the site shall be conducted
in such a sequence as to minimize the area of bare soil exposed at
any one time and the amount of soil leaving the site.
(6)
Stabilize disturbed ground. All disturbed ground and soil or direct
storage piles shall be contained on the site by filter barriers or
other suitable means. The containment measures shall be installed
at a time established by the reviewing authority. The containment
measures shall remain in place until the site is adequately stabilized,
as may be determined by the Village Engineer.
(7)
Filter fences, straw bails on slopes. Filter fences, straw bales,
or equivalent control measures shall be placed continuously along
all sideslope and downslope sides of the site where deemed appropriate
by the reviewing authority. If a channel or area of concentrated runoff
passes through the site, filter barriers shall be placed continuously
along the channel edges to reduce sediment reaching the channel.
(8)
Drain inlet protection. Affected storm drain inlets shall be protected
with a straw bale, filter fabric, or equivalent barrier meeting accepted
design criteria, standards and specifications, as determined by the
Village Engineer.
C.
Additional erosion control standards to be met on larger sites. In addition to the minimum control standards set forth in Subsection B above and the standards required by § 170-8, all sites involving land divisions, subdivisions or certified survey maps (where the land divisions, subdivisions or certified survey maps involve either five or more acres or create five or more lots or building sites), or all sites where five or more acres are disturbed at a time, shall meet the added control requirements listed below. The permittee and/or landowner, and/or land user, is responsible for obtaining compliance with the control requirements.
(1)
Sedimentation control measures. Where required by the Village Engineer,
sedimentation basins or equivalent sediment control measures shall
be constructed and maintained for the duration of the land-disturbing
activity, or longer, if so provided in the permit. Sedimentation basins
shall be constructed in accordance with accepted design standards,
as approved by the Village Engineer. The total sedimentation basin
surface area shall provide a surface settling rate of not more than
1,500 gallons per square foot per day for a five-year, twenty-four-hour
storm from the entire drainage area which will discharge to the basin
during development conditions. The calculation of the water runoff
rate shall be determined by methods as periodically set forth in the
current edition of Natural Resources Conservation Service Technical
Release No. 55. Sedimentation basin depth shall be at least three
feet and all sedimentation basins shall be surrounded by a four foot
high snow fence or equivalent barrier. The basin design discharge
rate shall also be sufficiently low, as determined by the Village
Engineer, so as to not cause erosion along the discharge channel or
the receiving water. The permittee shall periodically remove sediment
from the basin so as to maintain a depth of at least three feet at
all times. This control requirement also applies to any site, regardless
of size, if a channel originates in the disturbed area.
A.
Applicability. The runoff controls specified below apply to the following
sites of land development or land disturbing activities:
(1)
Those sites requiring certified survey map approval or subdivision or land division plat approval under Chapter 325, Subdivision of Land.
(2)
Those sites involving the construction of buildings or other improvements
on lots of approved certified surveys, land division plats or subdivision
plats.
(3)
Any development(s) after the adoption date of this chapter that result(s)
in the cumulative addition of 20,000 square feet of impervious surface
to the site;
(5)
Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
local approval authority, as designated by the Village Clerk/Treasurer,
determines may significantly increase downstream runoff volumes, flooding,
soil erosion, water pollution or property damage, or significantly
impact a lake, stream, or wetland area. All such determination shall
be made in writing unless waived by the applicant.
B.
All water runoff control measures shall require approval of the Village
Engineer. Control measures may include, but are not limited to, infiltration
basins, detention ponds, and swales. If water control measures will
result in a temporary pond with a depth greater than three feet, the
Village Board may require fences or safety shelves. The Village may
require or accept public dedication of water runoff control measures.
When such dedication is required, or accepted, the dedicated land
may also be suitable for parkland or recreational use when so approved
by the Village Board. Once dedicated and accepted, the Village shall
maintain the runoff control measures as necessary to adhere to this
chapter and any other applicable laws or contracts. The potential
costs of maintaining proposed runoff control measures will be among
the criteria considered in both accepting or rejecting an entire Erosion
and Runoff Control Plan, and in determining whether or not to require
or accept dedication to the Village of any or all runoff control measures.
In the event that the Village does not require dedication of any water
runoff control measures, the continued maintenance and recovery of
the costs for maintenance of such measures shall be assured through
such means as deed restrictions, easements, assessments or a contract
with the Village.
(1)
On-site measures.
(a)
In addition to the general provisions stated above, the following
standards apply to on-site water runoff control measures. On-site
water runoff control measures shall be designed to prevent reduction
in the value of any surrounding property(ies). Factors that will be
considered in preventing devaluation of surrounding property(ies)
include, but are not limited to, location, landscaping, and safety.
The peak rate of runoff leaving the site during or after disturbance
of the land shall not exceed that of the pre- or undisturbed condition
under the following four minimum standards:
[1]
Based on a one-hundred-year, twenty-four-hour design storm in
order to prevent increases in floodplain elevations;
[2]
Based on a ten-year, twenty-four-hour design storm to prevent
exceeding the capacity of storm sewers;
[3]
Based on a two-year- twenty-four-hour design storm to help control
stream bank erosion; and
[4]
Location and design of runoff control measures shall take into
consideration soil types, slopes, and existing groundwater conditions
in the area, in order to avoid property damage due to increased elevations
of groundwater or due to soil saturation.
(b)
As a general rule, all on-site water runoff control measures
shall be constructed prior to, or simultaneously with, the land disturbing
activities from which the water runoff is to be controlled. However,
if the use of off-site control measures is under consideration, but
the design and/or location of the possible off-site measures have
not yet been determined by the Village, then the Village may allow
the permittee to proceed with the land-disturbing activities prior
to the construction of off-site runoff control measures, provided
that the permittee preserves an area or areas on-site deemed suitable
by the Village Engineer for the construction of on-site water runoff
control measures if that becomes necessary. The specifics of this
preservation shall be set forth in the permit or approval plan.
(2)
Off-site measures. When the Village Board determines, based on drainage
study conducted and prepared by a qualified professional engineer,
that off-site water runoff control measures best serve the interests
of the public and the environment, then the Board may allow or require
off-site water runoff control as a condition of approval of a land
disturbance permit. When off-site water runoff control is permitted
or required as specified in the above subsection, prior to final approval
by the Board, the permit applicant shall obtain written permission
from any and all property owners who would experience increases in
the amount of water runoff entering their land from a two-, a ten-,
or a one-hundred year, twenty-four-hour design storm or whose property
is threatened by virtue of additional soil saturation. The Village
Board will act on behalf of any and all affected public lands, public
drainageways, storm sewers or other public waterways. The Village
Board will grant written permission for off-site runoff control as
follows:
(b)
Where the off-site control measures are designed and adequately
sized to provide a level of stormwater control that at least meets
the minimum standards of this chapter;
(c)
Where the off-site runoff control measures are constructed prior
to the land-disturbing activities from which the water runoff is to
be controlled; and
(d)
Where the local approval authority is satisfied that the off-site
control measures have a legally obligated entity responsible for their
long-term operation and maintenance.
C.
Control standards may be modified by the Village where special circumstances
exist. The control standards set forth above are intended to apply
on a typical development site in the Blue Mounds area. When land-disturbing
or land development activity is proposed for a site with extraordinary
features, then, the Village Board may, at its discretion, require
additional and/or more restrictive control standards and measures
before any control plan is approved or permit is issued. Extraordinary
sites include, but are not limited to, sites where land-disturbing
or development activities are proposed to occur on slopes of more
than 20%, in designed floodplain, wetland, or conservancy areas or
in environmental corridor areas identified in the Village Master Plan.
Notwithstanding any other provisions of this chapter, it shall be a violation of this chapter for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in § 170-20. Erosion and runoff is excessive when in the opinion of the Village Enforcement Agent an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Blue Mounds is otherwise threatened or harmed.
A.
Activity by person other than the Village. No landowner or land user, other than the Village of Blue Mounds, may commence a land disturbance or land development activity subject to this chapter without receiving prior Village approval of an erosion control plan and permit and stormwater control plan and permit (whether major or minor land-disturbing activity) as provided in this chapter. At least one landowner or land user desiring to undertake a land disturbing or land developing activity subject to this chapter shall apply for a permit and submit a control plan along with such other information as may be requested by the Village Engineer, Village Board or Plan Commission, and pay an application fee to the Village Clerk/Treasurer. (See § 170-18 for permit application requirements.) By applying for a permit, the applicant is authorizing the Village Enforcement Agent to enter the site to obtain information required for the review of the erosion and stormwater control plan(s), to inspect for compliance with the control plan, and to enter the site for any curative action under § 170-20B(3) of this chapter.
B.
Activity by Village of Blue Mounds. Before the Village of Blue Mounds,
or its authorized agents or employees, commence any land disturbance
or land development activity subject to this chapter, there shall
be an approved erosion and stormwater control plan in place. No permit
or fees are required for Village activity.
C.
Emergency situations. Notwithstanding the above, a private landowner
or the Village may commence land-disturbing activity without an approved
erosion and stormwater control plan where immediate action is necessary
in order to respond to an existing or threatened emergency situation.
When such emergency activity is undertaken, care will be taken to
comply with the erosion and runoff control standards set forth in
this chapter to the fullest extent practicable under the circumstances.
For purposes of this subsection, "emergency" shall mean an imminent
threat or danger to public health, safety, or welfare. Work conducted
under this subsection shall be brought into compliance with the other
provisions of this chapter as soon as reasonably practicable.
A.
Major land-disturbing activities; content of the erosion control
plan. Major land-disturbing activities include those where the land
disturbance involves 20,000 square feet or more, or where the slope
of the land is 6% or greater, or where a subdivision (as defined in
Chapter 236, Wis. Stats.) is created, or where the Village Engineer
determines that special circumstances due to topography, proximity
to watercourses or relation to environmentally sensitive lands make
the disturbance a major one. The control plan for a major land-disturbing
activity shall include at least the following information:
(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 and adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
(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 which may affect the site, continuing at least to
the nearest perennial stream (small-scale map may be used if necessary).
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving.
(h)
Site topography at a contour interval not to exceed four feet.
(2)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the planned site changes.
(3)
Site construction plan. A site plan including:
(a)
Locations and dimensions of all proposed land-disturbing activities.
(b)
Locations and dimensions of all site management control measures
necessary to meet the requirements of this chapter.
(c)
Schedule of anticipated starting and completion date of each
land-disturbing or land developing activity including, the installation
of site control measures needed to meet the requirements of this chapter.
(d)
Provisions for maintenance of the site control measures during
and after land-disturbing activities.
(e)
Limits of disturbed area;
(f)
Limits of impervious area;
(g)
Cross-sections of and profiles within road ditches;
(h)
Culvert sizes;
(i)
Direction of flow of runoff;
(j)
Watershed size for each drainage area;
(k)
Design discharge for ditches and structural measures;
(l)
Runoff velocities;
(m)
Fertilizer and seeding rates and recommendations;
(n)
Time schedules for stabilization of ditches and slopes;
(o)
Description of methods by which sites are to be developed;
(p)
Provision for sequential steps mitigating erosive effect of
land disturbing activities to be followed in appropriate order and
in a manner consistent with accepted erosion control methodology suitable
to proposed sites and amenable to prompt revegetation;
(q)
Provisions to prevent mud-tracking off-site onto public thoroughfares
during the construction period; and
(r)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site.
(4)
Such other information as the Village Engineer deems necessary, including
but not limited to support calculations for sizing site control measures.
|
Note: Natural Resources Conservation Service guidelines for
allowable velocities in different types of channels should be followed.
Design storm definitions to be followed in this chapter are contained
in Natural Resources Conservation Service Technical Release No. 55
and in U.S. Department of Agriculture publication, "Minimizing Erosion
in Urbanizing Areas," Appendix A.
|
B.
Minor land-disturbing activities; content of control plan statement.
Minor land-disturbing activities are all those activities other than
those deemed to be major land-disturbing activities. For minor land-disturbing
activities, an erosion control plan (with sample 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 chapter.
(1)
Simplified plan checklist.
(a)
Applicants may submit erosion control proposals using simplified
checklists of standard erosion control practices, on a standard form
approved by the Village Clerk/Treasurer, wherever all of the following
conditions exist
(b)
Simplified plan checklists shall be reviewed by the Village
Clerk/Treasurer for completeness and accuracy.
C.
Erosion control performance standards.
(1)
Proposed design, suggested location and phased implementation of
effective, practicable erosion control measures for plans shall be
designed, engineered and implemented to achieve the following results:
(2)
Plan compliance under Subsection C(1) shall be determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the Dane County Conservationist, that considers season of year, site characteristics, soil erodibility and slope.
(3)
Erosion control measures for plan approval need not attempt to regulate
soil transportation within the boundaries of the applicant's site.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B and shall address, at a minimum, the following information:
(1)
A narrative describing the proposed project, including implementation
schedule for planned practices;
(2)
Identification of the entity responsible for long-term maintenance
of the project;
(3)
A map showing drainage areas for each watershed area;
(4)
A summary of runoff peak flow rate calculations, by watershed area,
including:
(5)
A complete site plan and specifications, signed by the person who
designed the plan. All plans shall be drawn to an easily legible scale,
shall be clearly labeled, and shall include, at a minimum, all of
the following information:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and proposed, including
all dimensions and setbacks;
(c)
All public and private roads, interior roads, driveways and
parking lots. Show traffic patterns and type of paving and surfacing
material,
(d)
All natural and artificial water features, including, but not
limited to lakes, ponds, streams (including intermittent streams),
and ditches. Show ordinary high water marks of all navigable waters,
one-hundred-year flood elevations and delineated wetland boundaries,
if any. If not available, appropriate flood zone determination or
wetland delineation, or both, may be required at the applicant's
expense;
(e)
Depth to bedrock;
(f)
Depth to seasonal high water table;
(g)
The extent and location of all soil types as described in the
Dane County Soil Survey, slopes exceeding 12%, and areas of natural
woodland or prairie,
(h)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area requiring a grading and filling permit;
(i)
Elevations, sections, profiles, and details as needed to describe
all natural and artificial features of the project;
(j)
Soil erosion control and overland runoff control measures, including
runoff calculations, as appropriate;
(k)
Detailed construction schedule;
(l)
Copies of permits or permit applications required by any other
governmental entities or agencies;
(m)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
(n)
Location of all stormwater management practices;
(o)
All existing and proposed drainage features;
(p)
The location and area of all proposed impervious surfaces; and
(q)
The limits and area of the disturbed area.
(6)
Engineered designs for all structural management practices;
(7)
A description of methods to control oil and grease or written justification
for not providing such control;
(9)
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 170-18C(4).
B.
Stormwater management performance standards.
(1)
Proposed design, suggested location and phased implementation of
effective, practicable stormwater management measures for plans shall
be designed, engineered and implemented to achieve the following results:
(a)
Sediment control.
[1]
For new construction, design practices to retain soil particles
greater than five microns on the site (eighty-percent reduction) resulting
from a one-year, twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension;
[2]
For redevelopment resulting in exposed surface parking lots
and associated traffic areas, design practices to retain soil particles
greater than 20 microns on the entire site (forty-percent reduction)
resulting from a one-year, twenty-four-hour storm event, according
to approved procedures, and assuming no sediment resuspension. Under
no circumstances shall the site's existing sediment control level
or trapping efficiency be reduced as a result of the redevelopment.
(b)
Oil and grease control. For all stormwater plans for commercial
or industrial developments and all other uses where the potential
for pollution by oil or grease, or both, exists, the first 0.5 inch
of runoff will be treated using the best oil and grease removal technology
available. This requirement may be waived by the plan reviewer, only
when the applicant can demonstrate that installation of such practices
is not necessary.
(c)
Runoff rate control: hydrologic calculations. All runoff calculations
shall be according to the methodology described in the Natural Resources
Conservation Service's Technical Release 55, "Urban Hydrology
for Small Watersheds" (commonly known as TR-55), or other methodology
approved by the Dane County Conservationist. For agricultural land
subject to this section, the maximum runoff curve number (RCN) used
in such calculations shall be 51 for HSG A, 68 for hydrologic soil
group B, 79 for HSG C, and 84 for HSG D. The TR-55-specified curve
numbers for other land uses shall be used heavily disturbed sites
will be lowered one permeability class for hydrologic calculations.
Lightly disturbed areas require no modification. Where practices have
been implemented to restore soil structure to predeveloped conditions,
no permeability class modification is required.
(d)
Runoff rate control: design standards. All stormwater facilities
shall be designed, installed and maintained to effectively accomplish
the following:
[1]
Maintain predevelopment peak runoff rates for the two-year,
twenty-four-hour storm event (2.9 inches over twenty-four-hour duration).
[2]
Maintain predevelopment peak runoff rates for the ten-year,
twenty-four-hour storm event (4.2 inches over twenty-four-hour duration.)
[3]
Maintain predevelopment peak runoff rates for the one-hundred-year,
twenty-four-hour storm event (6.0 inches over twenty-four-hour duration).
(e)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Subsection B(1)(d), at a non-erosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(f)
Infiltration. All downspouts, driveways and other impervious
areas shall be directed to pervious surfaces, where feasible, or unless
the applicant can demonstrate that the practice is likely to result
in groundwater contamination.
(g)
Thermal control. The stormwater management plan shall include
provisions and practices to reduce the temperature of runoff for sites
located within the watershed of a river or stream identified by the
Wisconsin Department of Natural Resources as:
[1]
A cold-water community as identified through NR 102.04(3)(a),
NR 104, Wisconsin Administrative Code, and Class I, Class II, and
Class III Trout Streams identified in "Wisconsin Trout Streams," DNR
publication 6-3600(80) or its successor.
[2]
Rivers or streams proposed by the Wisconsin Department of Natural
Resources as Cold Water Communities and Class I, II, and III Trout
Streams.
(2)
The stormwater management plan does not have to meet the requirements
of this section if the applicant can justify by use of a model approved
by the Dane County Conservationist that the provisions and practices
are not necessary because the temperature increase of runoff from
the site postdevelopment will be zero. A current list and maps of
affected watersheds can be obtained by contacting the Village Clerk/Treasurer.
C.
Stormwater management goals. The following standards shall be met
whenever possible, and proposed design, suggested location and implementation
of practices to meet these goals shall be included in plans:
(1)
For existing development, design practices to retain soil particles
greater than 40 microns on the site (twenty-percent reduction) resulting
from a one-year, twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension.
(2)
For street reconstruction, design practices to retain soil particles
greater than 20 microns on the site (forty-percent reduction) resulting
from a one-year, twenty-four hour storm event, according to approved
procedures, and assuming no sediment resuspension.
The design of all best management practices designed to meet
the requirements of this chapter shall comply with the following technical
standards:
A.
Natural Resources Conservation Service's "A Field Office Technical
Guide, Chapter 4" or its successor;
B.
Wisconsin Department of Natural Resources' "A Wisconsin Construction
Site Best Management Practice Handbook" or its successor;
C.
Any other technical methodology approved by the Village Designee
and the Dane County Conservationist.
A.
Major. The application fee for a major land-disturbing activity permit shall be as set by resolution of the Village Board. In addition to this fee, the applicant must pay the actual engineering and legal fees or expenses incurred by the Village in connection with review of the control plan and the engineering fees or expenses estimated to be incurred for on-site inspection during the project. Where plat or certified survey map review fees are paid pursuant to Chapter 325, Subdivision of Land, for the same project covered by the proposed land fee will be waived. Where the application fee is waived, the applicant must still pay engineering and inspection fees and expense;, however, such fees and expenses shall not be duplicative of any engineering or inspection fees paid in connection with plat or certified survey map approval.[1]
B.
Minor. The application fee for a minor land-disturbing activity permit
shall be as set by resolution of the Village Board. Where a building
permit fee is applied and paid for in connection with the same activity,
then no additional fee need be paid in order to obtain the necessary
land-disturbing activity permit.[2]
C.
Deposit. To guarantee payment of any inspection, consulting, engineering,
legal or review fees required under this section or any other provision
of this chapter, the applicant shall deposit $1,000 with the Village.
The Village may bill the applicant directly for payment of such fees.
If such fees are paid timely, the deposit will be refunded in full
to the applicant. If such fees are not timely paid, the Village may
deduct the amount of such fees from the deposit. Failure to pay such
fees timely or in full may constitute grounds for denial or withholding
of a permit.
A.
Duration. All land-disturbing activity permits, whether major or minor, shall be valid for a period of one year from the date of issuance. All work must be completed prior to expiration of the permit. If land disturbing activity, minor or major, is to continue beyond the expiration of the permit, then reapplication and review pursuant to this chapter, is required. (Note: as per § 170-13, permits are required prior to any land disturbance or land development.)
B.
Requirements. The applicant must provide the following when requesting
a permit:
(1)
Completed application form.
(a)
The application must be signed by the landowner or include a
notarized statement signed by the landowner authorizing the applicant
to act as the landowner's agent and bind the landowner to the
terms of this chapter.
(4)
If required by § 170-11, a stormwater management plan meeting all of the standards of §§ 170-11 and 170-15, and a draft maintenance agreement as described in § 170-15A(9);
(5)
Copies of permits or permit applications or approvals required by
any other governmental entity;
(6)
A proposed timetable and schedule for completion and installation
of all elements of approved erosion control and stormwater management
plans and a detailed schedule for completion of construction;
(7)
An estimate of the cost of completion and installation of all elements
of the approved erosion control and stormwater management plans;
(8)
Evidence of financial responsibility to complete the work proposed
in the plan. The Village of Blue Mounds may require a financial security
instrument sufficient to guarantee completion of the project.
C.
Approval process.
(1)
The Village Clerk/Treasurer or designee shall verify that the permit application is complete under § 170-15B. The Village Clerk/Treasurer or designee shall then forward plan(s) to the plan review agency for review and approval. Plan review staff (which may include the Village Engineer or Village Building Inspector) shall review the plan(s) for compliance with the standards identified in §§ 170-10, 170-14, 170-11 and 170-15.
(2)
Within the time frame set by the Village Clerk/Treasurer or designee,
plan review staff shall either approve the submitted plan or notify
the Village Clerk/Treasurer or designee of any deficiencies. Staff engaged in this
review and approval process shall be certified where appropriate by
the Wisconsin Department of Safety and Professional Services for this
purpose.
(3)
The Village Clerk/Treasurer or designee shall notify the applicant
in writing of any deficiency in the proposed plan and the applicant
shall be given an opportunity to correct any deficiency.
(4)
Where installed stormwater practices will be privately owned, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit issued under this chapter and applicable plan, timetables and potential liability imposed by § 170-20B for failure to bring the property into compliance with this chapter, after notification, shall be recorded with the Dane County Register of Deeds prior to issuance of an and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
(5)
Upon approval by the Village Clerk/Treasurer or designee, the erosion
control or stormwater management permit shall be issued by the local
approval authority, after the applicant has met all other requirements
of this chapter.
D.
Permit conditions.
(1)
The plan shall be implemented prior to the start of any land-disturbing
activity and shall be maintained over the duration of the project.
Stormwater components of the plan shall be maintained in perpetuity.
(2)
The permittee is responsible for successful completion of the erosion
control plan and the stormwater management plan. The permittee shall
be liable for all costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(3)
Application for a permit shall constitute express permission by the permittee and landowner for the Village's designee to enter the property for purposes of inspection under § 170-19 or curative action under § 170-20B. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
(4)
All incidental mud-tracking off-site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
E.
Permit transfers.
(1)
When a permittee and landowner act to transfer an interest in property
subject to an approved plan prior to completion of the proposed steps
to attain soil stabilization, the permittee must secure approval from
the Village's designee.
(2)
When a permittee and landowner transfers ownership, possession or
control of real estate subject to either or both an uncompleted erosion
control stormwater management plan, the successor in interest to any
portion of the real estate shall be responsible to control soil erosion
and runoff and shall comply with the minimum standards provided in
this chapter.
(3)
When ownership, possession or control of property subject to an uncompleted
erosion control or stormwater management plan, or both, is transferred,
the former owner (seller) shall notify the new owner (buyer) as to
the current status of compliance with notice to the authority, and
provide a copy of the erosion control plan or stormwater management
plan, or both.
(4)
Transfers of interest in real estate subject to an approved, uncompleted
plan may be conducted consistent with this chapter under any of the
following arrangements:
(a)
The transferee shall file a new, approved erosion control or
stormwater management plan, or both, with the authority.
(b)
The transferee shall obtain an approved assignment from the
authority as sub-permittee to complete that portion of the approved
plan regulating soil erosion and runoff on the transferee's property.
(c)
The permittee shall provide the Village of Blue Mounds with
a duly completed and executed continuing surety bond or certified
check in an amount sufficient to complete the work proposed in the
approved plan; at the time of transfer, the permittee may seek to
reduce the surety bond or certified check to the appropriate amount
to complete remaining work. If the transferor enters into escrow agreements
with transferees to complete an approved plan, these funds shall be
available to the authority to attain plan compliance. When an approved
erosion control plan and, if required, a stormwater management plan
is or are not completed as proposed, the authority may use the surety
bond to complete remaining work to achieve plan compliance.
F.
Plan or permit amendments. Any proposed modifications to approved
plans, construction schedules or alterations to accepted sequencing
of land-disturbing site activities shall be approved by the Village's
designee in consultation with the Village of Blue Mounds prior to
implementation of said changes.
G.
Major activity permit requirements. All major land-disturbing activity
permits shall require the permittee to do at least the following:
(1)
The applicant shall provide, prior to issuance of the permit, an irrevocable letter of credit, or financial security instrument to the Village in an amount equal to 115% of the estimated cost of all required control measures as determined by the Village Engineer. The security deposit shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village Engineer assures that all required control measures have been fully and satisfactorily completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approval control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of plat or certified survey map conditions of approval, then security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapter 385, Zoning.
(2)
Contact the Village Clerk/Treasurer upon completion of any control
measures at least two working days prior to commencing any land-disturbing
activity.
(3)
Obtain written permission from the Village Engineer prior to modifying
the control plan. The Village Engineer is authorized to permit only
those modifications that comply with the terms of this chapter.
(4)
Install all control measures as identified in the approval control
plan.
(5)
Maintain all control measures as identified in the control plan.
(6)
Repair any damage to adjoining surfaces and drainageways resulting
from any land developing or disturbing activities on the permitted
site.
(7)
Inspect the control measures after each rain of 0.5 inch or more
and at least once each week and make needed repairs immediately.
(8)
Allow the Village Enforcement Agent to enter the site for the purpose
of inspecting for compliance with the control plan or for performing
any work necessary to bring the site into compliance with the control
plan.
(9)
Keep a copy of the approved control plan on the site.
H.
Minor activity permit requirements. All minor land-disturbing activity
permits shall require the permittee to:
(1)
Obtain permission in writing from the Building Inspector prior to
modifying the control plan. The Building Inspector is authorized to
permit only those modifications that comply with the terms of this
chapter.
(2)
Install all control measures as identified in the approved control
plan.
(3)
Maintain all control measures as identified in the control plan.
(4)
Repair any damage to adjoining surfaces and drainageways resulting
from any land developing or disturbing activities on the permitted
site.
(5)
Inspect the control measures after each rain of 0.5 inch or more
and at least once each week and make needed repairs immediately.
(6)
Allow the Village Enforcement Agent to enter the site for the purpose
of inspecting for compliance with the control plan or for performing
any work necessary to bring the site into compliance with the control
plan.
A.
The Village Enforcement Agent shall inspect all major and minor land-disturbing
activities and sites in order to ensure compliance with the control
plan and permit. If land disturbing or land development activities
are being carried out without a valid permit, the Village Enforcement
Agent may enter the land pursuant to the special inspection warrant
provisions of § 66.0119, Wis. Stats.
B.
Inspections.
(1)
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village's designee to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection B(4) and (6), as necessary to confirm compliance with the requirements of this chapter.
(2)
As part of the plan approval process, the Village's designee
shall determine the minimum number of inspections required to assure
compliance. The site of any regulated land-disturbing activity shall
be inspected once every 30 days, or more frequently as determined
by the local approval authority during the construction phase with
assistance from the Village of Blue Mounds staff.
(3)
Within 10 days after installation of all practices in an approved
erosion control plan and achievement of soil stabilization, the permittee
shall notify the Village's designee.
(4)
The Village's designee shall inspect the property to verify
compliance with the erosion control plan within 10 days of notification
of soil stabilization.
(5)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the Village's
designee and submit drawings documenting construction. The person
who designed the stormwater management plan for the permittee shall
submit as-built certification to ensure that constructed stormwater
management practices and conveyance systems comply with the specifications
included in the approved plans. At minimum, as-built certification
shall include a set of drawings comparing the approved stormwater
management plan with what was constructed. Other information shall
be submitted as required by the Village's designee.
(6)
The Village's designee shall inspect the property to verify
compliance within 10 days of notification.
(7)
Maintenance is the responsibility of the owner, and facilities are
subject to inspection and orders for repairs.
A.
Violations. No land development or land-disturbing activities within
the scope of this chapter may occur without full compliance with the
provisions of this chapter. Any person who violates or fails to comply
with any provision of this chapter is subject to the enforcement and
penalty provisions below.
B.
Enforcement. This chapter shall be enforced consistent with the policies
and purposes underlying its adoption. The following enforcement actions,
or any combination thereof, may be taken in case of a violation of
this chapter.
(1)
(2)
Revocation of permit. Where a stop-work order has been issued in
order to obtain compliance with a control plan, the Village may revoke
the permit if the permittee does not cease the illegal activity or
obtain compliance with the control plan or permit conditions within
24 hours from issuance of the stop-work order. Permits for major and
minor land disturbing activities may be revoked by the Village Enforcement
Agent.
(3)
Village to perform work.
(a)
Twenty-four hours after posting a stop-work order, if the permittee
does not cease illegal activity or obtain compliance with the control
plan or permit conditions, the Village Enforcement Agent and/or other
designated Village official or agents may go on to the land and commence
the work or any curative measures. In the event of an emergency, the
Village may immediately enter the land to perform curative measures
or repairs necessary to protect the public safety and welfare without
first posting a stop-work order.
(b)
Regardless of issuance of a stop work-order, when either a violation
of this chapter or the conditions of a permit cause sediment to deposit
on any Village street or public property, the Village Enforcement
Agent and/or other designated Village officials or agents shall proceed
to remove and/or clean such sediment as soon as possible.
(c)
The cost of the work performed by the Village pursuant to Subsection B(3)(a) and (b) above, plus interest, shall be billed to the permittee or the landowner on whose property the work under Subsection B(3)(a) was performed, or from whose activities or property the sediment originated for work under Subsection B(3)(b), or may be recovered out of any security posted for such purpose. In the event a permittee or landowner otherwise fails to pay the amount due, the Clerk/Treasurer shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to § 66.0703, Wis. Stats.
(4)
Injunction and other judicial remedies. Compliance with the provisions
of this chapter may also be obtained by the Village Board authorizing
the Village Attorney to commence appropriate action to enjoin violations,
compel compliance, or pursue other appropriate judicial relief.
(5)
Private remedies preserved. These enforcement provisions are not
intended in any way to restrict or limit the rights of private parties
to pursue whatever private legal remedies they may have available
as a result of any erosion, sediment or water runoff.
C.
Penalties. Any person violating any provision of this chapter shall be subject to forfeitures as follows: for major land-disturbing activities, not less than $200 nor more than $2,000 plus the actual cost of prosecution for each offense; for minor land-disturbing activities, not less than $50 nor more than $500 plus the actual cost of prosecution for each offense. Each day a violation exists shall constitute a separate offense. Citations for any violation of any provision of this chapter may additionally be issued by the Village Enforcement Agent, and such citations shall be in conformance with other municipal citations. Without limitation by enumeration, a violation of this chapter is occurring if any of the following conditions exist: (i) any land disturbing or land developing activity regulated under this chapter is being undertaken without a permit; (ii) the control plan is not being implemented in a good faith manner; (iii) the conditions of the permit are not being met; or (iv) any condition or activity that causes excessive runoff or erosion to adjacent land, public streets, or water bodies is occurring or being allowed to occur, in violation of § 170-12 of this chapter.
(1)
Any person who has the ability to pay any forfeiture entered against
him or her under this chapter but refuses to do so may be confined
in the county jail until such forfeiture is paid, but in no event
to exceed 30 days. In determining whether an individual has the ability
to pay forfeiture, all items of income and all assets may be considered,
regardless of whether such income or assets are subject to garnishment,
lien or attachment by creditors.
(2)
As a substitute for or as an addition to forfeiture actions under this Subsection C or corrective action under Subsection B(3) above, the Village Attorney is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village to take corrective action or prosecute for forfeiture before resorting to injunctive relief.
A.
Appeal or variance requests.
(1)
By applicant or permittee. Any aggrieved applicant, permittee or
land user may appeal any order, decision, determination or inaction
of the Village in administering or enforcing this chapter, or may
apply for a variance from the requirements of this chapter. A fee
in an amount as set by resolution of the Village Board must accompany
any appeal or variance request involving a minor land disturbing activity.
A fee in an amount as set by resolution of the Village Board must
accompany any appeal or variance request involving a major land disturbing
activity. Appeal or variance requests must be submitted in writing,
state the grounds for the appeal or variance request, and be filed
with the Village Clerk/Treasurer.[1]
(2)
Appeal by citizens. An appeal of any order, decision, determination
or inaction of the Village in administering or enforcing this chapter
may be commenced upon the filing of a petition signed by 12 adult
residents of the Village and payment of a fee in an amount as set
by resolution of the Village Board. The appeal must be filed with
the Village Clerk/Treasurer and must state written grounds for the
appeal. A copy of any citizen appeal shall be delivered or mailed
to the applicant or permittee by the Village Clerk/Treasurer within
five working days of its filing, if any, with the Village. The filing
of a citizen appeal, by itself, does not prohibit the commencement
or continuation of any work or activity.[2]
(3)
Deposit. Appeal or variance requests shall be accompanied by a $1,000 deposit to secure payment of actual engineering, consulting, legal or inspection fees incurred by the Village in reviewing the variance or appeal. The fees shall be paid and the deposit released in accordance with § 170-17C of this chapter.
(4)
Appeal deadline. Appeals by applicants, permittees or citizens must
be filed within 45 days of the order, decision, determination of inaction
being appealed.
(5)
Multiple appeals prohibited. Once an appeal has been filed on a matter,
no other appeal on the same order, decision, determination or inaction
will be allowed. The Zoning Board shall consolidate appeals wherever
possible to avoid a multiplicity of appeal proceedings and to hasten
the final resolution of a matter. The Zoning Board may allow additional
parties to join a pending appeal where appropriate and where such
addition will not delay the proceedings.
B.
Authority of Zoning Board of Appeals.
(1)
The Village Zoning Board of Appeals shall hear and decide all variance
requests and appeals in accordance with the provisions of § 62.23(7)(e),
Wis. Stats., and this chapter. Where provisions may conflict, the
more stringent shall apply.
(a)
The Zoning Board shall only grant such variances from the terms
of this chapter when it finds that all of the following have been
met:
[1]
Enforcement of the standards set forth in this chapter will result
in unnecessary hardship to the landowner;
[2]
The hardship is due to exceptional physical conditions unique
to the property;
[3]
Granting the variance will not adversely affect the public health,
safety or welfare, nor be contrary to the spirit, purpose and intent
of this chapter;
[4]
The project will have no impact upon any of the stated purposes of this chapter as set forth in § 170-3C;
[5]
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
[6]
The net cumulative effect of the variance will not impact downstream
conditions; and
[7]
Existing regional facilities are shown to meet the performance
standards of this chapter.
(b)
If all of the above conditions are met, a variance may only
be granted to the minimum extent necessary to afford relief from the
unnecessary hardship, with primary consideration to water quality.
(2)
Appeals or variance requests shall be heard and decided within 30
days of receipt of the written request and payment of the appeal fee,
unless an extension is agreed upon by the appellant and Zoning Board.
C.
Ordinance procedures prevail. Pursuant to § 68.16, Wis.
Stats., the Village Board elects that the procedures for administrative
review of decisions set forth in this chapter shall apply in lieu
of the procedures of the Wisconsin Municipal Administrative Procedure
Act.
D.
Enforcement not stayed. The filing of an appeal or variance request does not preclude the Village from commencing or continuing any of the enforcement actions set forth in § 170-20B or a forfeiture proceeding under § 170-20C of this chapter unless the Village Board specifically agrees to stay such enforcement.
