[Adopted as § 4.3 of the 2000 Code]
The intent of this article is to require erosion control practices that will reduce the amount of sediment and other pollutants leaving land development or land disturbing activities. This article applies to all land disturbing activities.
Approving authority shall mean the Hobart Village Board, its designee, or its duly authorized committee, agent or representative.
Findings. The Village Board, Village of Hobart, finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and this Village.
Purpose. It is the purpose of this article to preserve the natural resources; to protect the quality of the waters of the state and the Village; and to protect and promote the health, safety and welfare of the people, to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams and wetlands.
This article applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the Village and, optionally, the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. 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 used in this article, the following terms shall have the meanings indicated:
- 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.
- COMMERCIAL LAND USE
- Use of land for the retail or wholesale sale of goods or services.
- CONTROL MEASURE
- A practice or combination of practices to control erosion and attendant pollution.
- 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.
- The detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.
- LAND DEVELOPING ACTIVITY
- The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
- LAND DISTURBING ACTIVITY
- Any man-made change of the land surface including removing vegetative cover, excavating, filling, soil deposits and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.
- Any person holding title to or having an interest in land.
- LAND USER
- Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
- The rainfall, snowmelt, or irrigation water flowing over the ground surface.
- The entire area on which the land disturbing or land development activity is proposed in the permit application.
All control measures required to comply with this article shall meet the design criteria, standards and specifications for the control measures contained in the Department of Natural Resources (DNR) Wisconsin Construction Site Best Management Practice Handbook.
All sedimentation basins and other control measures necessary to meet the requirements of this article shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. Erosion control measures shall follow maintenance provisions contained in DNR's Wisconsin Construction Site Best Management Practice Handbook.
This section applies to the following sites of land development or land disturbing activities:
Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional building on lots of approved subdivision plats;
Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys;
Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activities;
Those involving excavation of filling or a combination of excavation and filling of dirt, sand or other excavation or filling material;
Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction;
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility.
Utility companies responsible for emergency repair work should enter into a "memorandum of agreement" with the Village of Hobart clearly stating their responsibilities if their activities are included under any of the above applicability criteria. Construction work by private contractors within public rights-of-way or public utility easements is subject to the requirements of this article.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A.
Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the Village Board. Water may not be discharged in a manner that causes erosion of the site or receiving channels. This one-hundred-micron standard is intended to significantly reduce sedimentation problems in downstream drainage systems and in the receiving waters that are caused by large particles.
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.
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting Village of Hobart's specifications.
Site erosion control.
The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site.
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the five year twenty-four-hour design storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. Natural Resources Conservation Service guidelines for allowable velocities in different types of channels should be followed.
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
Runoff from the entire disturbed area on the site shall be controlled by meeting the following:
For sites with 10 acres or more disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications identified in the latest edition of the Department of Natural Resources Wisconsin Construction Site Best Management Practice Handbook. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than 15 microns in size, based on a five-year, twenty-four-hour design storm. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.
For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel. The earliest date seeding and sodding is acceptable is April 15. Seeding dates and rates shall be in accordance with those identified in the latest edition of WDNR'S Wisconsin Construction Site Best Management Practice Handbook.
In most cases, the preferred methods of controlling sediment from soil or sand piles in existence for more than seven days are filter fabric fences or straw bale fences. If the piles are in existence for extended periods, such as more than six months, the preferred method of controlling sediment is seeding and/or sodding.
No landowner or land user may commence a land disturbance or land development activity subject to this article without receiving prior approval of a control plan for the site and permit from the Village of Hobart or designee. 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 in an amount as set by the Village Board to the Village of Hobart or designee. By submitting an application, the applicant is authorizing the Village of Hobart or designee to enter the site to obtain information required for the review of the control plan.
Content of the erosion control plan for land disturbing and land developing activities covering one or more acres.
Existing site map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and areas within 500 feet:
Site boundaries and adjacent lands which accurately identify site location;
Lakes, streams, wetlands, channels, ditches and other watercourses;
One-hundred-year floodplains, flood fringes and floodways from existing maps;
Location and identification of the predominant soil types;
Location of vegetative cover;
Location and dimensions of stormwater drainage systems and natural drainage patterns;
Locations and dimensions of utilities, structures, roads, highways, and paving;
Site topography at a contour interval not to exceed five feet.
Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
Site construction plan. A site construction plan including:
Locations and dimensions of all proposed land disturbing and land developing activities;
Locations and dimensions of all temporary soil or dirt stockpiles;
Locations and dimensions of all construction site management control measures necessary to meet the requirements of this article;
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
Provisions for maintenance of the construction site control measures during construction.
Content of control plan statement for land disturbing and land developing activities covering less than one acre, but meeting the applicability requirements stated in § 150-22. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site (i.e., percent slope, soil type, existing vegetation, etc.) and erosion controls (including the site developed schedule) that will be used to meet the requirements of the article.
Review of control plan. Within five days of receipt of the application, control plan (or control plan statement) and fee, the Village of Hobart or designee shall review the application and control plan to determine if the requirements of this article are met. The Village of Hobart or designee may request comments from other departments or agencies. If the requirements of this article are met, the Village of Hobart or designee shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Village of Hobart or designee shall inform the applicant in writing and may either require needed information or disapprove the plan. Within five days of receipt of needed information, the Zoning Administrator/Building Inspector or designee shall again determine if the plan meets the requirements of this article. If the plan is disapproved, the Village of Hobart or designee shall inform the applicant in writing the reasons for the disapproval.
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 Village of Hobart or designee may extend the period one or more times for up to an additional 180 days. The Village of Hobart or designee may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this article.
Permit conditions. All permits shall require the permittee to:
Notify the Village of Hobart or designee within 48 hours commencing any land disturbing and land developing activity;
Obtain permission in writing from the Village of Hobart or designee prior to modifying the control plan;
Install all control measure as identified in the approved control plan;
Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan;
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities;
Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs;
Allow the Village of Hobart or designee to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan; and
Keep a copy of the control plan on the site.
Surety bond. As a condition of approval and issuance of the permit, the Village of Hobart or designee may require the applicant to deposit a surety bond irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
The Village of Hobart or designee shall inspect construction, land disturbing and land development sites at least once a month.
If land disturbing or land development activities are being carried out without a permit, the Village of Hobart or designee shall enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
The Village of Hobart or designee may post a stop-work order if:
If the permittee does not cease the activity or comply with the control plan or permit conditions within 10 days, the Village of Hobart or designee may revoke the permit.
If the landowner or land user where no permit has been issued does not cease the activity within 10 days, the Village of Hobart or designee may request the Village's attorney to obtain a cease-and-desist order.
The Village of Hobart or designee or the Village Board, or the Board of Appeals may retract the stop-work order or the revocation.
Ten days after posting a stop-work order, the Village of Hobart or designee may issue a notice of intent to the permittee or landowner or land user of the Village of Hobart or designee's intent to perform work necessary to comply with this article. The Village of Hobart or designee may enter the land and commence the work after seven days from issuing the notice of intent. The costs of the work performed by the Village of Hobart or designee, plus interest at the rate authorized by the Village Board, shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect as a special charge against the property pursuant to § 66.0627, Wis. Stats.
Any person violating any of the provisions of this article shall be subject to the penalties provided in § 1-3. Beginning with the notification, each day a violation exists shall constitute a separate offense.
Compliance with the provisions of this article may also be enforced by injunction.
Board of Appeals. The Board of Appeals created pursuant to § 62.23(7)(e), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is an error in any order, decision or determination made by the Village of Hobart or designee in administering this article;
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the article will result in unnecessary hardships; and
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Appeals to the Board of Appeals may be taken by any aggrieved person or by any officer, department, board or bureau of the Village affected by a decision of the Village of Hobart.