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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use — See Ch. 373.
Water — See Ch. 440.
Floodplain zoning — See Ch. 455.
Shoreland-wetland zoning — See Ch. 468.
Subdivision of land — See Ch. 472.
Zoning — See Ch. 480.
[Adopted as Title 15, Ch. 2, of the 1997 Code]
This article is adopted pursuant to the guidelines in § 62.234, Wis. Stats.
A. 
Policy declaration. The Common Council finds runoff from land disturbing activities carries a significant amount of sediment and other pollutants to the waters of the state and the City of Brodhead.
B. 
Purpose. It is the purpose of this article to preserve the natural resources; to protect the quality and quantity of the surface water and groundwater of the state and City; and to protect and promote the health, safety and welfare of the people, to the extent practicable, by minimizing the amount of sediment and other pollutants carried by runoff or discharge from land disturbing activities to lakes, streams and wetlands. The Common Council finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the City. It is, therefore, declared to be the purpose of this article to control and, if possible, prevent soil erosion and water runoff increases and, thereby, to preserve the natural resources, control floods, and prevent impairment of dams and reservoirs, protect the quality and quantity 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 City of Brodhead. This article is in accordance and consistent with Chapter 480, Zoning, of the Code of the City of Brodhead, so far as practicable.
A. 
Scope of coverage. This article applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the City and the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this article. This article shall apply outside the City limits within the extraterritorial plat review area provided by Ch. 236, Wis. Stats., and Chapter 472, Subdivision of Land, but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in § 236.02(12), Wis. Stats., and certified surveys as defined in this Code.
B. 
Exclusions. The following activities are generally excluded from coverage under this article:
(1) 
State-funded or -conducted activities that are subject to the State Site Erosion Control and Stormwater Runoff Plan. State-funded or -conducted construction activities must meet the requirements contained in the State Plan for the Control of Construction Erosion and Stormwater Runoff, which contains similar requirements as contained in this article, as a minimum.
(2) 
Agricultural land uses as defined in this article and quarries, except where the Common Council, Plan Commission, City Engineer or Building Inspector determine 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.
(3) 
Small land disturbing activities such as gardens, minor landscaping modifications and minor repair of sidewalks, paths or driveways, except where the Common Council, Plan Commission, City Engineer or Building Inspector determine that erosion or runoff is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
The following definitions shall be applicable in this article:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
BUILDING INSPECTOR
The Building Inspector of the City of Brodhead.
COMMERCIAL LAND USE
Use of land for the retail or wholesale sale of goods or services, including office parks where nonretail business takes place.
CONTROL MEASURE
A practice or combination of practices to control erosion and attendant pollution (also known as "best management practice").
CONTROL PLAN
A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this article submitted by the applicant for review and approval by the Building Inspector and/or City Engineer.
EROSION
The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
EXISTING GRADE
The vertical location of the existing ground surface prior to excavation or filling.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man/woman to a new location and shall include the conditions resulting therefrom.
GRADING
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.
LAND DISTURBING ACTIVITY
Any 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.
LAND TREATMENT MEASURERS
Structural or vegetative practices (including fencing) used to control erosion, sediment and water runoff (also known as "best management practices").
LAND USER
Any person who uses land collectively or individually as owner, operator, lessor or renter, 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 right and/or responsibility for use of the land.
LANDOWNER
Any person holding title to or having any interest in land.
MAJOR LAND DISTURBING ACTIVITIES
Those activities where the land disturbance covers one or more acres, where a subdivision (as defined by Ch. 236, Wis. Stats.) is created, or where the Common Council, Plan Commission, City Engineer or Building Inspector determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental area make the disturbance a major one.
MINOR LAND DISTURBING ACTIVITIES
Those activities where the land disturbance covers less than one acre and the activities do not otherwise fall within the definition of "major land disturbing activities."
PARCEL
All continuous lands under the ownership or control of a land occupier or land user.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a predetermined storm or flood.
PERSON
Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county, or state agency within Wisconsin, the federal government or any combination thereof.
PUBLIC LANDS
All lands owned or controlled by any unit of government.
RUNOFF
Includes, but is not limited to, ice or water flowing over the ground surface.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported to, or has been moved from its site of origin by air, water, gravity or ice and has come to rest or has been deposited on the earth's surface at another location.
SEDIMENTATION
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 resulting from a decrease in the velocity of the water flow.
SITE
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.
SOIL LOSS
Soil removed from a given site by land disturbing activities or by the forces of erosion and redeposited at another site.
STORM FREQUENCY
The average period of time during which a storm of a given duration and intensity can be expected to be equaled or exceeded.
STORM SEWER
A closed conduit for conducting collected stormwater.
STORMWATER RUNOFF
The waters derived from rains falling within a tributary drainage basin, flowing over the ground surface or collected in a water drainage system.
STRUCTURAL MEASURES
Land treatments or best management practices 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, infiltration basins or trenches, flood-retention dams, diversions, and lining channels with rock concrete or other materials. Contour strip cropping is not considered a structural measure under this article.
WATER DRAINAGE FACILITY
Any element in a water drainage system which is made or improved.
WATER DRAINAGE SYSTEM
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.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday or Friday, excluding, however, any such day officially observed by the City as a legal holiday. Also referred to as "business day."
All control measures required to comply with this article shall be measures based on accepted design criteria, standards and specifications periodically established by the United States Natural Resources Conservation Service, Wisconsin Department of Natural Resources or otherwise identified as acceptable by the Building Inspector or City Engineer. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All sedimentation basins and other control measures necessary to meet the requirements of this article shall be maintained consistent with the maintenance provisions contained in the "Wisconsin Construction Site Best Management Practice Handbook" by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.
A. 
Applicability. This section applies to the following sites of land development or land disturbing activities:
(1) 
Those sites requiring certified survey map approval or subdivision or land division plat approval under City land division ordinances.
(2) 
Those sites involving the construction of buildings or other improvements on lots of approved certified surveys, land division plats or subdivision plats.
(3) 
Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.
(4) 
Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.
(5) 
Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.
(6) 
Those involving the laying, repairing, replacing, inspecting or enlarging of an underground pipe or facility for a distance of 300 feet or more.
(7) 
Those sites involving the changing, enlargement, dredging or other alteration to any watercourse, waterway and/or wetlands.
(8) 
Those other situations (e.g., developments with slopes over 12%) where the City Engineer or Building Inspector, at the request of the Plan Commission or Common Council, determine that erosion or runoff is likely to occur unless control measures are taken.
NOTE: The above applicability criteria are specifically stated in 1983 Wisconsin Act 416 for inclusion in this article. Utility companies responsible for energy repair work should enter into a "memorandum of agreement" with the City clearly stating their responsibilities if their activities may be included under any of the above applicability criteria.
B. 
Minimum erosion control standards to be met. At a minimum, the erosion and runoff 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 those situations where the City Engineer and/or Building Inspector 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.
A. 
Management practices.
(1) 
Temporary best management practice needs for various drainage areas. The following temporary best management practices shall be used to control sediment where erosion of the site, including dirt piles, during construction will result in sediment reaching waters of the state, public sewers or other off-site areas:
(a) 
Small drainage areas with overland flow (generally less than one acre). For drainage areas with overland flow (generally less than one acre), a filter fabric fence or equivalent best management practice placed along the downslope areas and along the sideslope areas as required or the disturbed area shall be properly mulched.
(b) 
Drainage areas of two acres or less with concentrated or channelized flow. For drainage areas of two acres or less with concentrated or channelized flow, a filter fabric barrier or equivalent best management practice placed at the downslope point of the disturbed area or the disturbed area shall be properly mulched.
(c) 
Drainage areas of five acres or less with concentrated or channelized flow, a sediment trap or equivalent best management practice placed at the downslope point of the disturbed area.
(d) 
Drainage areas of more than five acres with concentrated or channelized flow. For drainage areas of more than five acres with concentrated or channelized flow, a sediment basin or equivalent best management practice placed at the downslope point of the disturbed area. The basin shall be properly maintained and cleared out when necessary.
(e) 
Steep slopes. Slopes of 12% or more may require use of additional best management practices.
(2) 
Sequenced activities. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time and the amount of soil leaving the site.
(3) 
Site stabilization. When the disturbed area is properly stabilized by established vegetation or other permanent means, the temporary best management practices may be removed.
NOTE: Permanent best management practices specified in the Wisconsin Construction Site Best Management Practice Handbook include sodding; seeding; grassed waterway; geotextile reinforced grassed waterway; and rock- and concrete-lined waterway.
(4) 
Tracking minimization. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any significant sediment reaching a public or private road shall be removed by street cleaning before the end of each workday. Flushing may not be used unless the sediment will be controlled by a filter fabric barrier, sediment trap, sediment basin or equivalent.
(5) 
Drain inlet protection. Downslope on-site storm drain inlets shall be protected.
(6) 
Site dewatering. Water pumped from the site shall be discharged to an appropriately sized filter fabric barrier, sediment trap, sediment basin or equivalent best management practice.
NOTE: Site dewatering on some sites is covered under the Wisconsin Pollutant Discharge Elimination System Permit Program.
(7) 
Sediment cleanup.
(a) 
All off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next workday following the occurrence.
(b) 
All other off-site sediment deposits occurring as a result of construction activities shall be immediately cleaned up.
(8) 
Waste and material management and disposal. All waste and unused building materials shall be properly managed and disposed to prevent pollutants and debris from being carried by runoff off the site.
(9) 
Roof drainage. All roof drainage from permanent buildings shall discharge to pervious surfaces to increase infiltration and reduce increases in runoff except where demonstrated to be infeasible and a written waiver is granted by the City Engineer or Building Inspector.
B. 
Additional erosion control standards to be met on larger sites. These control standards are in addition to the minimum control standards as set forth in Subsection A and thus include, but are not limited to, all sites involving land divisions, subdivisions or certified survey maps (where land divisions, subdivisions or certified survey maps involve either one or more acres or create five or more lots or building sites), or all sites where one or more acres are disturbed at a time, where special circumstance due to topography, proximity to watercourses or relation to environmentally sensitive lands make the disturbance a major one, and shall meet the added control plan requirements as set up by the City Engineer or Building Inspector. These requirements may include required public dedication of water runoff control measures. The permittee is responsible for obtaining compliance with the control plan requirements. Informal guidelines for the control plan for a major land disturbing activity are hereto attached and incorporated herein as a part of this article as an addendum.
C. 
Special circumstances. The control standards set forth in this article are intended to apply on a typical development site. When land disturbing and/or development activity is proposed for a site with extraordinary features, the Plan Commission may recommend to the Common Council and the Council, at its discretion, will 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 12% grade in designated floodplain, wetland, or conservancy areas or in environmental corridor areas identified in the City Master Plan.
D. 
Land disturbing activities subject to stormwater runoff control.
(1) 
Land disturbing activities on public lands as defined herein and on all private lands shall be subject to the runoff control provisions of this section, if:
(a) 
The activity will be a residential development having less than 50% impervious area, disturbing more than five acres;
(b) 
The activity will be a residential development having more than 50% impervious area, disturbing more than three acres;
(c) 
The activity will be a nonresidential development, disturbing more than three acres; or
(d) 
A parking lot of one acre or more; or
(e) 
In the opinion of the City Engineer, the runoff from the land disturbing activity will create a hazard by exceeding the safe capacity of the receiving water body in the area; or will cause undue channel erosion or an undue increase in water pollution by increased scour and transport of particles; or will otherwise endanger the downstream property owners or their property. "Safe capacity" is defined as the rate of flow that can be handled without flooding.
(2) 
The owner, land occupier or land user shall be in compliance with this subsection if he follows the procedure of Subsection E and receives from the City Engineer an approved control plan and a permit before commencement of any land disturbing activities on lands subject to control under this section.
E. 
Standards for stormwater runoff control for land disturbing activities.
(1) 
Land disturbing activities subject to runoff control regulation as described in this article shall meet the corresponding requirements of Subsection E(1)(a), (b) and (c) below:
(a) 
Residential and other nonindustrial and noncommercial certified surveys shall incorporate the following stormwater control measures:
[1] 
All roof drainage shall discharge to either:
[a] 
Pervious surfaces with an overland flow distance of at least 30 feet;
[b] 
An infiltration device.
[2] 
All driveways shall slope to adjacent lawns to the extent practicable.
[3] 
Where conditions are such that the depth to the water table is three feet or greater during at least nine months of the year, the stormwater drainage system for the development shall include grassed swales for area drainage and underground perforated drainage pipe for storm runoff conveyance. The applicant shall be responsible for documentation for areas to be exempted from these measures. Where the City Engineer finds the above to be impracticable, conveyance shall be by traditional means.
(b) 
Industrial sites of less than 100,000 square feet and nonindustrial paved parking and storage areas with surface areas totaling 5,000 to 500,000 square feet shall discharge to one or more grit chambers or oil and grease traps. Each grit chamber or oil and grease trap shall be designed to remove all particles greater than 100 microns in size and shall be cleaned at least once every three months. The pumped liquids from cleaning shall be discharged to a licensed wastewater treatment plant.
(c) 
Industrial sites of more than 100,000 square feet, nonindustrial paved parking lots and storage areas greater than 500,000 square feet, and industrial roofs larger than 10,000 square feet shall discharge to one or more wet detention basins. These basins shall have an aggregate area, respectively, of at least 1.5% of the contributing surface area of the industrial site or three 3% of the contributing paved industrial areas, whichever is greater; at least 3% of the nonindustrial paved area draining to it; and at least 3% of the industrial roof area draining to it. These basins shall have a permanent pool depth of three feet and shall be excavated periodically as needed to maintain the three-foot depth.
(2) 
Regardless of proposed land use, the proposed development shall:
(a) 
Not increase peak flow rates of storm runoff from that which would have resulted from the same storm occurring over the site with the land in its predevelopment condition, for storms of twenty-four-hour duration and recurrence intervals of two, five, 10, 25, 50 and 100 years; and
(b) 
The volume of storm runoff resulting from the ten-year storm of twenty-four-hour duration shall not be greater after development than would have resulted from the same storm occurring over the site with the land in its predevelopment condition. Where Subsection E(2)(a) and/or (b) are found to be unacceptable or inevitable on the proposed site by the City Engineer, the applicant shall specify an off-site area to meet these provisions and provide a suitable alternative contribution as determined in negotiation with the City Engineer.
F. 
Erosion and runoff control by public dedication of water runoff control. The Common Council may require dedication of water runoff control measures. When such dedication is required, the dedicated land may also be utilized for parkland and for recreational use. Once dedicated and accepted, the City shall maintain the runoff control measures as necessary to adhere to this article 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 for the areas and determining whether or not to require dedication to the City of any or all runoff control measures. In the event that the City does not require dedication of any water runoff control measures, the continued maintenance of such measures shall be assured through such means as deed restrictions, easements or a contract with the City.
A. 
Permit application. No landowner or land user, other than the City, may commence a land disturbance or land development activity subject to this article without receiving prior approval of a control plan for the site and a permit from the City Engineer. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this article shall submit an application for a permit and a control plan and pay an application fee to the Building Inspector or City Engineer. By submitting an application, the applicant is authorizing the Building Inspector, City Engineer and other designated City officials to enter the site to obtain information required for a review of the control plan.
B. 
Content of the control plan for land disturbing activities.
(1) 
Existing site map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:
(a) 
Site boundaries of adjacent lands which accurately identify site location;
(b) 
Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site; (Note: The local unit of government should identify sensitive local waters that may need to be further addressed by the control plan.)
(c) 
One-hundred-year floodplains, flood-fringes and floodways;
(d) 
Vegetative cover;
(e) 
Location and dimensions of stormwater drainage systems and natural drainage patterns on the site and the size, slope and land cover of the upslope drainage areas;
(f) 
Locations and dimensions of utilities, structures, roads, highways, and paving; and
(g) 
Site topography at a contour interval not to exceed five feet.
(2) 
Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
(3) 
Site construction plan. A site construction plan, including:
(a) 
Locations and dimensions of all proposed land disturbing activities;
(b) 
Locations and dimensions of all temporary soil or dirt stockpiles;
(c) 
Locations and dimensions of all construction site management control measures necessary to meet the requirements of this article;
(d) 
Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of construction site control measures needed to meet the requirements of this article; and
(e) 
Provisions of maintenance of the construction site control measures during construction.
C. 
Emergency situations. Notwithstanding the above, a private landowner or the City may commence land disturbing activity without an approved 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 article to the fullest extent practicable under the circumstances. The Building Inspector or City Engineer shall be notified by the private landowner within three hours after commencing such land disturbing activities under this section.
D. 
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 simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule). These documents will be used to meet the requirements of this article.
E. 
Review of major and minor land disturbing control plans.
(1) 
Major land disturbing activities. Within 30 days of receipt of a completed control plan, the City Engineer and Building Inspector shall determine if the requirements of this article are met. The applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.
(2) 
Minor land disturbing activities. Control plan statements for minor land disturbing activities shall be reviewed by the Building Inspector for compliance with this article. The Building Inspector shall approve, reject or conditionally approve the plan within the same number of working days as required for issuance of a building permit, but in no event more than 10 working days after receipt of the completed control plan statement. If the control plan statement is rejected or conditionally approved, the applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.
F. 
Permits.
(1) 
Duration. Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Building Inspector or City Engineer may extend the period one or more times for up to an additional 180 days. The Building Inspector may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this article.
(2) 
Permit fees for major land disturbing activities. The application fee for a major land disturbing activity permit shall be as established by resolution of the Common Council. In addition to this fee, before any permit will be issued, the applicant shall pay the actual engineering fees or expenses incurred by the City 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. These additional charges shall be determined by the Building Inspector and City Clerk-Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Permit fees for minor land disturbing activities. The application fee for a minor land disturbing activity permit shall be as established by resolution of the Common Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Permit requirements for major land disturbing activity. All major land disturbing activity permits shall require the permittee to do at least the following:
(1) 
The applicant shall provide the City, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the City in an amount equal to 125% of the estimated cost of all required control measures as determined by the City Engineer and/or Building Inspector. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force for the entire period of the permit unless released earlier by the City. The City shall have the right to draw upon the security for the purposes of obtaining compliance with the approved Control Plan as it deems necessary. If the erosion and runoff control requirements of this article 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 this Code.
(2) 
Contact the Building Inspector upon completion of any control measures and at least two business days prior to commencing any land disturbing activity.
(3) 
Obtain written permission from the City Engineer or Building Inspector prior to modifying the control plan. They are authorized to permit only those modifications that comply with the terms of this article.
(4) 
Install all control measures as identified in the 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 make needed repairs immediately.
(8) 
Allow the Building Inspector, City Engineer, or other designated City officials 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 and this article.
(9) 
Keep a copy of the approved control plan on site.
H. 
Permit requirements for minor land disturbing activity. 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. They are authorized to permit only those modifications that comply with the terms of this article.
(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 make needed repairs immediately.
(6) 
Allow the Building Inspector, City Engineer, and other designated City officials 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 and this article.
A. 
The City Engineer, Building Inspector or other designated City officials shall inspect all major land disturbing activities in order to ensure compliance with the control plan and permit.
B. 
In the case of minor land disturbing activities, the Building Inspector shall inspect sites in order to ensure compliance with the control plan and permit.
C. 
If the land disturbing or land development activities are being carried out without a valid permit, i.e., unauthorized, City inspection officials may enter the land in question pursuant to the special inspection warrant provisions of § 66.0119, Wis. Stats.
A. 
Violations. No land development or land disturbing activities within the scope of this article may occur without full compliance with the provisions of this article. Any person who violates or fails to comply with any provision of this article is subject to the enforcement and penalty provisions contained herein.
B. 
Enforcement. This article 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 article:
(1) 
Stop-work order.
(a) 
A stop-work order may be issued by the City Engineer, Building Inspector, or their authorized agents, after an inspection, if:
[1] 
Any land disturbing or land developing activity regulated under this article is being undertaken without a permit;
[2] 
The control plan is not being implemented in a good faith manner;
[3] 
The conditions of the permit are not being met.
(b) 
Stop-work orders may be retracted when compliance with this article is obtained. The City Engineer, Common Council, Building Inspector or their designee has the authority to retract a stop-work order for major land disturbing activities; the Building Inspector, City Engineer and their designees may retract stop-work orders on minor land disturbing activities.
(2) 
Revocation of permit. Where a stop-work order has been issued in order to obtain compliance with a control plan, the City may revoke the permit if the permittee does not cease the illegal activity or obtain compliance with the control plan or permit conditions within 72 hours from issuance of the stop-work order.
(3) 
City to perform work. Seventy-two hours after posting a stop-work order, the City may issue a notice of intent to the permittee or landowner or land user of the City's intent to perform work necessary to comply with this article. Upon receipt of permission from the landowner or pursuant to a court order, the City Engineer and/or other designated City officials or agents, as determined by the Common Council, may go on the land and commence the work. The costs of the work performed by the City, plus interest, shall be billed to the permittee or the landowner 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 City Administrator 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 article may also be obtained by the Common Council authorizing the City 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 article shall be subject to a forfeiture as provided in § 1-4. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the City shall issue a written warning to the person believed to be violating this article, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.
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 City in administering or enforcing this article or may apply for a variance from the requirements of this article. A filing fee as established by resolution of the Common Council must accompany the appeal or variance request. Appeal or variance requests must be submitted in writing, state the grounds for the appeal or variance request, and be filed with the City Clerk-Treasurer. Publication and other associated costs will be in addition to this fee and paid by the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Appeal by citizens.
(a) 
An appeal of any order, decision, determination or inaction of the City in administering or enforcing this article may be commenced upon the filing of a petition signed by 25 adult residents of the City and payment of a fee of $50 to cover the cost of the appeal.
(b) 
The appeal must be filed with the City Clerk-Treasurer and shall state written grounds for the appeal. A copy of any citizen appeal shall be delivered or mailed to the applicant or permittee by the City Clerk-Treasurer within five business days of its filing with the City. The filing of a citizen appeal, by itself, does not prohibit the commencement or continuation of any work or activity.
(3) 
Appeal deadline. Appeals by applicants, permittees or citizens must be filed within 45 days of the order, decision, determination or inaction being appealed.
(4) 
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 of Appeals shall consolidate appeals wherever possible to avoid a multiplicity of appeal proceedings and to hasten the final resolution of a matter. The Zoning Board of Appeals may allow additional parties to join a pending appeal where appropriate and where such addition will not delay the proceedings.
B. 
Authority.
(1) 
Authority to grant variances. The Zoning Board of Appeals shall decide all variance requests in accordance with the provisions of this Code. The Zoning Board of Appeals shall only grant such variances from the terms of this article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this article is impracticable or otherwise unreasonable or demonstrated to be unnecessary. Such variances may be granted only when the Zoning Board of Appeals has been presented with satisfactory proof that the variance will achieve compliance results comparable to those set forth in this article.
(2) 
Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by City officials in administering this article. The Zoning Board of Appeals shall use the rules, procedures, duties and powers authorized by City ordinance and statute for the Zoning Board of Appeals in hearing and deciding appeals and authorizing variances. The Zoning Board of Appeals shall hear and decide 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 of Appeals. The procedures utilized by the Zoning Board of Appeals shall be as prescribed in Chapter 480, Zoning, of the Code of the City of Brodhead.
C. 
Enforcement not stayed. The filing of an appeal or variance does not preclude the City from commencing or continuing any of the enforcement actions set forth herein or a forfeiture proceeding set forth in this article unless the Common Council specifically agrees to stay such enforcements.
[Adopted 11-9-2009]
A. 
The management of stormwater and other surface water discharges within the City of Brodhead is a matter that affects the health, safety and welfare of the City, its citizens and businesses.
B. 
Failure to effectively manage stormwater affects the erosion of lands, damages homes and business, leads to sedimentation and environmental damages to properties, infiltration/inflow to the sanitary sewer and other environmental damages within the City.
C. 
To protect the health, safety and welfare of the public and to ensure regulatory compliance, the City operates and maintains a system for the collection, conveyance, storage, treatment and disposal of stormwater within the City.
A. 
The City hereby establishes a stormwater utility. The operation of the utility shall be under the supervision of the Common Council. The Street Superintendent will be in charge of the utility.
B. 
The City is acting under the authority of Chs. 62 and 66, Wis. Stats.
C. 
The City is exercising its authority to establish a City of Brodhead stormwater utility and to set rates to support the services.
D. 
The costs of operating and maintaining the stormwater utility shall be allocated in direct relationship to the contributions and demands for stormwater management services. The stormwater utility finances shall be accounted for in a separate stormwater utility fund by the City. All income and revenue shall be retained by the stormwater utility fund. The stormwater utility shall prepare an annual budget, which is to include all operation and maintenance costs, debt service and other costs related to the operation of the stormwater utility. The annual budget is subject to approval of the Common Council.
E. 
Stormwater management facilities may include surface and underground drainage facilities, storm sewer, watercourses, retaining walls and stormwater ponds, and such other facilities which support a stormwater utility.
The following terms have the meanings set forth:
DEVELOPED PROPERTY
Property which has been altered from its natural state by the addition of any improvements such as a building, structure, impervious surface, change upgrade or landscaping.
DUPLEX UNIT
A residential space containing two dwelling units.
DWELLING UNIT
One or more rooms that are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.
EQUIVALENT RUNOFF UNIT or ERU
The unit by which a stormwater utility charge is calculated. The term "ERU" represents the estimated average horizontal impervious area of single-family homes within the City of Brodhead on the date of the adoption of this article. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks. One ERU is established as 3,000 square feet.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
A horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots, driveways and other similar surfaces.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.[1]
MULTIFAMILY UNIT
A residential space consisting of three or more dwelling units.
NONRESIDENTIAL PROPERTY
Any developed lot or parcel other than residential property as defined herein, including but not limited to transient rentals (such as hotels and motels), mobile home parks, commercial, industrial, institutional governmental property and parking lots.
RESIDENTIAL PROPERTY
Any lot or parcel developed exclusively for residential purposes, including single-family homes, duplex units, multifamily units, but not including transient rentals (such as hotels and motels), and mobile home parks.
SINGLE-FAMILY HOME
Any residential property consisting of a single dwelling unit.
STORMWATER SYSTEM
Any natural or man-made stormwater conveyance facility operated or maintained by the City, including, but not limited to, retention/detention ponds, ditches, storm sewer, roads and navigable and non-navigable waterways.
SUPERINTENDENT
The Street Superintendent of the City of Brodhead or his or her designee.
UNDEVELOPED PROPERTY
Property which is not defined as "developed property."
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
User fee. The City shall require that adequate revenues are generated through user fees to provide for a balanced operating budget. The City hereby authorizes the imposition of user fees on all developed property in the City.
B. 
Rates. The City will establish rates for each fiscal year. All rates established by the City will be fair and reasonable and calculated to achieve a balanced operating budget for the system. Current rates will be on file in the office of the City Clerk.
C. 
Rate schedule. For the purpose of the imposition of the user fee, the developed property in the City shall be divided into five classes, which shall be called "customer classes." The rate within each customer class shall be uniform. The rate schedule is as follows:
Customer Class
Stormwater Charge
Single-family
1 ERU
Duplex
0.5 ERU per dwelling unit
Multifamily
0.4 ERU per dwelling unit
Nonresidential
2 ERU for each 3,000 square feet of impervious area
Undeveloped property
No charge
D. 
Minimum charge. The minimum ERU calculations for any customer other than undeveloped property shall be not less than the rate of 0.4 of one ERU.
E. 
New construction.
(1) 
A property owner shall be responsible for timely submitting a fully completed and accurate stormwater utility service application at the time a building permit is issued or a site plan review is conducted. The application shall be made on a form prescribed by the City and provided with each application for a building permit or application for site plan review. Failure to submit such a stormwater utility application or providing false information on such form constitutes a violation of this article. The implementation of stormwater charges shall commence as set forth in this article.
(2) 
For all classifications other than single-family residential, the construction of new or expanded buildings, driveways or other structures shall be subject to an increase in the number of ERUs assigned to a lot or parcel. The City shall recalculate the number of ERUs upon completion of new construction.
F. 
The Superintendent shall be responsible for the determining the impervious area based on the best available information including, but not limited to, data supplied by the City Assessor, aerial photography, the property owner, tenant, or developer. The Superintendent may require additional information as necessary to make the determination. The billing amount shall be updated by the Superintendent based on any additions or subtractions to the impervious area as approved through the building permit process as set forth in Subsection E(1) above.
A. 
The City may provide credits to offset the ERU charge.
B. 
To be entitled for a credit, the property owner shall file an application, together with a review fee, with the Superintendent that is supported by documentation and demonstrates the conditions of this section have been met. The application is subject to review and approval of the Superintendent.
C. 
Credits may be provided under the following circumstances:
(1) 
A property owner may seek a credit on the ERU charge where they have installed and maintained facilities that result in the detention or retention of stormwater on site. Information to be submitted may include survey data approved by a registered land surveyor (RLS) and engineering reports approved by professional engineer (PE).
D. 
The City may revoke the credit if the basis for the credit has materially changed. The City shall provide at least 30 days' advance written notice of any proposed revocation.
E. 
A denial or revocation of any credit may be appealed under § 393-19.
A. 
Stormwater utility charges will be billed quarterly, with said charges to appear on the bill issued for municipal sanitary sewer service. Irrespective of the service periods for the municipal sanitary sewer service, the first charges billed by the stormwater utility shall be for the month following the effective date of this article.
B. 
The bills for the stormwater utility charges shall be mailed to the designated utility bill recipient, but this mailing shall not relieve the owner of the property from liability for rental property in the event payment is not made as required in this article. The owner of any property served which is occupied by tenants shall have the right to examine the collection records of the City for the purpose of determining whether such charges have been paid by such tenants, provided that such examination shall be made at the office at which the records are kept and during the hours that such office is open for business.
C. 
Stormwater utility payments are due in 20 days. Payments not received shall be determined delinquent. The City may place a lien upon the property and collect delinquent charges under §§ 66.0821(4) and 66.0809(3), Wis. Stats.
D. 
All delinquent charges shall be subject to a one-percent penalty per month in addition to all other charges, including prior penalties or interest that exist when the delinquent charges extended upon the tax roll.
A. 
The stormwater utility charge, determination of ERUs or the ERU credits may be appealed by filing a written appeal with the City Clerk prior to the utility charge due date if not paid, or within 30 days of payment. The appeal shall specify all basis for the challenge and the amount of the stormwater charge the customer asserts is appropriate. Failure to file a timely challenge waives all right to a later challenge of that charge.
B. 
The Superintendent will determine whether the stormwater charge is fair and reasonable or whether a refund is due the customer. The Superintendent may act with or without a hearing and will inform the customer in writing of his or her decision.
C. 
The customer has 30 days from the decision of the Superintendent to file a written appeal to the Common Council of the City.
D. 
If the Common Council of the City or the Superintendent determines that a refund is due the customer, the refund will be applied as a credit on the customer's next monthly stormwater billing if the refund will not exceed the customer's next monthly stormwater billing, or will be refunded at the discretion of the Superintendent.
A. 
Any person who violates or causes to violate any provisions set forth in this article shall, upon conviction thereof, pay a forfeiture to the City in an amount of not less than $25 nor more than $1,500, together with the costs of prosecution thereof.
B. 
The payment of such forfeiture shall be in addition to the payment of any and all stormwater charges, fees and penalties imposed by this article.
C. 
Each day's continuance of a violation constitutes a separate offense.
D. 
In addition to forfeitures and payment of charges, the City may seek, obtain and enforce injunctive relief.