[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 6-6-2016 by Ord. No. 16-17.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
381, Construction Site Maintenance and Erosion Control, adopted 7-8-1991
(Ch. 28 of the 1988 Code), as amended.
A.
This chapter is adopted under the authority granted by § 61.354,
Wis. Stats. Except as otherwise specified in § 61.354, Wis.
Stats., § 61.35, Wis. Stats., applies to this chapter and
to any amendments to this chapter.
B.
The provisions of this chapter are deemed not to limit any other
lawful regulatory powers of the Village Board of Trustees.
C.
The requirements of this chapter do not preempt more stringent erosion
and sediment control requirements that may be imposed by any of the
following:
A.
Findings.
(1)
The Village Board of Trustees finds that debris and runoff from land
disturbances, grading and filling activities, and construction sites
carry a significant amount of sediment and other pollutants to public
road rights-of-way, wetlands, shoreland areas, floodplains, waterways,
and waters of the state in the Village.
(2)
Unregulated land disturbances, grading, and filling activities can
adversely affect downstream properties, public road rights-of-way,
wetlands, shoreland areas, floodplains, waterways, and waters of the
state.
B.
Purpose. The purpose of this chapter is to regulate land disturbances,
grading, and filling activities and to require erosion control practices
that will reduce the amount of sediment and other pollutants leaving
construction sites during land development or land disturbance activities.
Specific purposes are to:
(1)
Preserve natural resources; to protect the quality of the waters
of the state, or other waterways in the Village; further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; regulate building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from construction activity to wetlands,
shoreland areas, floodplain, waterways and any waters in the Village.
(2)
Regulate land disturbance, grading, and filling activities to safeguard
the interests of the Village of Pleasant Prairie by ensuring that
activities are designed and constructed with sound engineering practices
and accepted standards.
A.
Jurisdiction. This chapter applies to land disturbance construction
activities on lands within the boundaries and jurisdiction of the
Village of Pleasant Prairie (referred to as the "Village"), as well
as lands located within the supervised drainage basin area within
the Village of Bristol pursuant to the 1997 Settlement and Cooperation
Agreement.
B.
Applicability.
(1)
This chapter applies to all land disturbance, land development, grading,
and filling activities within the Village's jurisdiction.
(2)
This chapter does not apply to the following:
(a)
Nonpoint discharges from agricultural facilities and practices.
(b)
Nonpoint discharges from silviculture activities and practices.
(c)
Activities conducted by a state agency, as defined under § 227.01(1),
Wis. Stats., but also including the Office of District Attorney, which
is subject to the state plan promulgated or a memorandum of understanding
entered into under § 281.33(2), Wis. Stats.
(d)
Minor land activities that meet all the following criteria:
[1]
Contains less than 400 square feet of land disturbance;
[2]
Involves less than five cubic yards of fill;
[3]
Activity does not block, impede, or alter drainage; is not being
completed for stormwater purposes; does not cause upstream ponding
or backwater problems or adversely affect adjacent or downstream properties.
[4]
Activity does not alter or change Village-approved site or lot
grading and drainage plan topography, lot grades, drainage patterns,
or other approved plan requirements and provisions.
[5]
Activities that are not located within or in close proximity
to a wetland, floodplain, navigable waterway, or other environmentally
sensitive area.
(3)
Notwithstanding the applicability requirements above, this chapter
applies to construction sites of any size that are likely to result
in runoff that exceeds the safe capacity of existing drainage facilities
or receiving water body, that alter or change stormwater drainage
runoff, that cause undue channel erosion, or that increase water pollution
by scouring or transporting of particulate matter or that endanger
property or public safety as determined by the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The Settlement and Cooperative Agreement entered into by
and between the Village of Pleasant Prairie, the Pleasant Prairie
Water Utility, the Pleasant Prairie Sewer Utility District D, the
Pleasant Prairie Sewer Utility District 1 and the Pleasant Prairie
Sewer Utility District F and the Town of Bristol, the Town of Bristol
Utility District No. 3, the Town of Bristol Utility District No. 5
and the Town of Bristol Water Utility District.
Defined pursuant to § 281.16(1), Wis. Stats.
The use of the land for the planting, growing, cultivating
and harvesting of crops for human or livestock consumption and the
pasturing or yarding of livestock.
A calendar year of precipitation, excluding snow, which is
considered typical.
A structural or nonstructural measure, practice, technique
or device employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state or any other waterways in
the Village.
A day the office of the Village is routinely and customarily
open for business.
A court-issued order to halt land disturbance construction
activity that is being conducted without a valid permit.
An area upon which land disturbance construction activities
occur, including areas that are part of a larger plan of development
or sale where multiple separate and distinct land disturbance construction
activities may be taking place at different times on different schedules
but under one plan.
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
The DNR, in accordance with § NR 151.31, Wis. Adm.
Code, approved Stormwater Construction and Post-Construction Technical
Standards. These standards set forth specific minimum requirements
needed to plan, design, install and maintain a wide array of conservation
practices aimed at preserving the land and water resources of Wisconsin.
They are based on current research, field experience, the best available
technology.
A river, streambed, or defined overland swale or channel
utilized for the passage of water, sediment or other materials from
one area to another.
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
A comprehensive land disturbance plan developed to address
pollution caused by erosion and sedimentation of soil particles or
rock fragments during construction, including a written description
of the number, location, sizes, and other pertinent information of
control measures designed to meet the requirements of this chapter
submitted by the applicant for review and approval by the Village.
All land disturbance construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or employment of equivalent permanent stabilization measures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any man-made alteration of the land surface resulting in
a change in the topography, stormwater drainage or existing vegetative
or nonvegetative soil cover that may result in runoff and lead to
an increase in soil erosion and movement of sediment into waters of
the state or other waterways in the Village. Land disturbance construction
activity includes clearing and grubbing, demolition, excavating, pit
trench dewatering, filling and grading activities.
Any division or conveyance of land or of any interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision, large lot subdivision or minor land division. Notwithstanding the foregoing definition, the creation of any condominium, other than a conversion condominium or condominium involving a maximum of one principal building per lot or parcel, shall be deemed to be a land division. A land division can be legally created or accomplished only by means of a preliminary and final plat approved by the Village Board or, in the case of a condominium, by means of condominium instruments approved by the Village Board in accordance with the provisions of Chapter 395.
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 construction of building(s), house(s), building or housing
additions, road(s), parking lot(s), driveway(s), sidewalk(s), patio(s),
or other similar facilities.
Any person holding title to or having interest in land.
A level of implementing best management practices (BMPs)
in order to achieve a performance standard specified in this chapter
which takes into account the best available technology, cost-effectiveness
and other competing issues such as human safety and welfare, endangered
and threatened resources, historic properties and geographic features.
This provides flexibility to the Village Engineer in evaluating ways
to meet the performance standards, which may vary on a case-by-case
basis depending on the performance standard and site conditions.
Land disturbance activities that are limited to small landscaping
or other minor projects that involves a limited area and minor fill
quantities, as may be determined by the Village.
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
Defined pursuant to § 283.01(13), Wis. Stats.
Defined pursuant to § 281.01(10), Wis. Stats.
The stormwater or precipitation, including rain, snow- or
ice-melt, irrigation or similar water that moves on the land surface
via sheet or channelized flow.
The settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
The entire area included in the legal description of the
land on which the land disturbance or land-developing activity is
proposed in the permit application.
An order issued by the Village which requires that all construction
activity on the site be stopped.
A part of the stormwater drainage system which consists of
a pipe or conduit for collecting and/or conveying stormwater runoff
or unpolluted water.
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria: is designed or used for collecting water or conveying runoff;
is not part of a combined sewer system; and discharges directly or
indirectly to waters of the state or other waterways in the Village.
Pursuant to the 1997 Settlement and Cooperation Agreement,
those portions of the Village of Bristol within the drainage basins
tributary to the Village of Pleasant Prairie, as defined on Attachment
G of the 1997 Settlement and Cooperation Agreement on file with the
Village Clerk.
Defined pursuant to § 281.01(18), Wis. Stats.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates, in writing,
with engineering rationale and data, to the Village Engineer's satisfaction
that a performance standard is not achievable and that a lower level
of performance is appropriate. In demonstrating that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties shall be taken into account.
A.
Technical standards. BMPs required to comply with this chapter shall
meet the following design criteria, standards, and specifications:
(1)
Applicable design criteria, standards and specifications identified
in the DNR Technical Standards.
(2)
Applicable design criteria, standards and specifications set forth in Chapter 405 of the Village Code.
(3)
Applicable requirements as set forth in Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, of the Village Code.
(4)
Other design guidance and technical standards identified or developed
by the DNR under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(5)
Soil loss prediction tools [such as Universal Soil Loss Equation
(USLE)] when using an appropriate rainfall or runoff factor (also
referred to as the "R factor") or an appropriate design storm and
precipitation distribution, and when considering the geographic location
of the site and the period of disturbance.
(a)
WDNR Technical Standards and/or WDNR guidance procedures shall
be used to document compliance with the performance standards.
A.
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land disturbance construction activity
is to occur shall be used to prevent or reduce all of the following:
(1)
The deposition of soil from being tracked onto streets by vehicles.
(2)
The discharge of sediment from disturbed areas into storm sewer inlets,
adjacent waterways, wetlands, adjacent properties, and waters of the
state.
(3)
The discharge of sediment by dewatering activities.
(4)
The transport by runoff of chemicals, cement, and other building
compounds and materials on the construction site during the construction
period into unauthorized areas, including adjacent properties, waterways,
storm sewers, wetlands, and waters of the state.
B.
Location. The BMPs shall be located so that treatment occurs before
runoff leaves the construction site or enters storm sewers, waterways,
wetlands, and waters of the state.
C.
Implementation. The BMPs used to comply with this chapter shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed
before land-disturbing activities begin.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activities shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activities shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed.
A.
Erosion and sediment control practices. Erosion and sediment control
practices at each site where land disturbance construction activity
is to occur shall be used to prevent or reduce all of the following:
(1)
The deposition of soil from being tracked onto streets by vehicles.
(2)
The discharge of sediment from disturbed areas into storm sewer inlets,
adjacent waterways, wetlands, adjacent properties, and waters of state.
(3)
The discharge of sediment by dewatering activities.
(4)
The discharge of sediment eroding from soil stockpiles.
(5)
The discharge of sediment from erosive flows at outlets and in downstream
waterways.
(6)
The transport by runoff of chemicals, cement, untreated wash water,
and other building compounds and materials on the construction site
during the construction period into unauthorized areas, including
adjacent properties, waterways, storm sewers, wetlands, and waters
of the state.
B.
Sediment performance standards. The following erosion and sediment
control practices shall be employed:
(1)
BMPs that, by design, discharge no more than five tons per acre per
year, or to the maximum extent practicable, of the sediment load carried
in runoff from initial grading to final stabilization.
(a)
Credit may be given toward meeting the sediment performance
standard for limiting the duration or area, or both, of land disturbance
construction activity or for other appropriate mechanisms.
(b)
If BMPs cannot be designed to meet the sediment performance
standard, the erosion control plan shall include a written, site-specific
explanation of why the sediment performance standard cannot be met
and how the sediment load will be reduced to the maximum extent practicable.
C.
Preventative measures. The erosion and sediment control plan shall
incorporate all of the following:
D.
Location. The BMPs shall be located so that treatment occurs before
runoff leaves the construction site or enters storm sewers, waterways,
wetlands, and waters of the state.
E.
Implementation. The BMPs used to comply with this section shall be
implemented as follows:
(1)
Erosion and sediment control practices shall be constructed or installed
and inspected before land disturbance construction activities begin.
(2)
Erosion and sediment control practices shall be maintained until
final stabilization.
(3)
Final stabilization activities shall commence when land-disturbing
activities cease and final grade has been reached on any portion of
the site.
(4)
Temporary stabilization activities shall commence when land-disturbing
activities have temporarily ceased and will not resume for a period
exceeding 14 calendar days.
(5)
BMPs that are no longer necessary for erosion and sediment control
shall be removed.
A.
Erosion and sediment control plan requirements for sites of one acre
or more. Land-disturbing and land development activities covering
one or more acres shall include the following:
(1)
An erosion and sediment control plan statement that briefly describes
the site, the development schedule, and BMPs that will be used to
meet the requirements of this chapter.
(2)
Civil grading and erosion control plans and other applicable requirements specified in Chapter 405 of the Village Code.
(3)
Calculations to show compliance with the performance standards of
this chapter.
(4)
Applicable requirements specified in Chapter 298, Stormwater Management and Stormwater Drainage System Facilities, of the Village Code.
(5)
Site plan of existing conditions. A map of the existing site conditions
at a scale of at least one inch equals 50 feet showing the site and
immediate adjacent areas, including but not limited to:
(a)
Property site boundaries and adjacent lands which accurately
identify the site location;
(b)
Property owner's and contractor's name, address and telephone
number;
(c)
A graphic scale and North arrow;
(d)
Road right-of-way lines and road names;
(e)
Location of lakes, streams, wetlands, shorelands, channels,
ditches and other watercourses on and immediately adjacent to the
site;
(f)
Location of the one-hundred-year floodplains, flood fringes
and floodways, where applicable;
(g)
Identification of predominant soil types;
(h)
General location of vegetative cover proposed to remain and
not disturbed, and areas which will be vegetated following construction;
(i)
Location and dimensions of stormwater drainage systems and/or
direction of natural drainage patterns on and immediately adjacent
to the site;
(j)
Locations and dimensions of utilities, structures, roads, highways
and paving;
(k)
Existing and proposed site topography at one-foot contours;
(l)
Locations and dimensions of all temporary soil or dirt piles;
(m)
Locations and dimensions of all construction site control measures,
such as silt filter fences, hay bales or sedimentation basins, necessary
to meet the requirements of this chapter;
(n)
Location of orange construction fence for delineation of environmental
protection areas such as wetlands, woodlands, and floodplains;
(o)
Location of six-foot perimeter construction site fencing and
proposed hours of construction activities;
(p)
Location of construction entrances [graveled driveway(s)] and
stone tracking pads;
(q)
Location of on-site job trailers, parking areas for construction
vehicles, such as graveled and paved parking area, and location of
equipment staging areas;
(r)
Location of garbage dumpster(s);
(s)
Adjacent property driveways and road openings;
(t)
For the commercial, manufacturing, industrial, multifamily or
institutional uses, a plan which shows that the roof drain system
is interconnected directly to the underground storm sewer system in
the parking lot, the locations of the underground storm sewer system
and where the downspouts are connected directly to the underground
storm sewer system;
(u)
Location and limits of land disturbance activities;
(v)
Location of all structural and nonstructural controls;
(w)
Location of areas where stabilization practices will be used;
(x)
Drainage patterns and approximate slopes anticipated after major
grading activities;
(y)
Areas used for infiltration of post-construction stormwater
runoff;
(z)
A sequence of construction of the site, including stripping
and clearing; rough grading, construction of utilities, infrastructure,
and buildings; and final grading and landscaping. Sequencing shall
identify the expected date on which clearing will begin, the estimated
duration of exposure of cleared areas, areas of clearing, installation
of temporary erosion and sediment control measures and establishment
of permanent vegetation;
(aa)
Estimates of total area of the site and area of the site that
is expected to be disturbed by construction activities;
(bb)
Existing data describing the surface soil as well as subsoils;
(cc)
Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information, where available; and
(dd)
Any other information as may be required by the Village Engineer,
or designee, to evaluate the application.
B.
Erosion and sediment control plan requirements for construction sites
under one acre. Content of the erosion control plan for land disturbance
and land-developing activities covering less than one acre or individual
single-family home site or two-family home site shall include the
following:
(1)
Site plan of existing conditions. A map, drawn by the Wisconsin-registered
land surveyor or a Wisconsin professional engineer, of the existing
site conditions at a scale of at least one inch equals 40 feet showing
the site and immediate adjacent areas, including but not limited to:
(a)
Grading and erosion control plan and/or plat of survey requirements per Chapter 405 of the Village Code;
(b)
Property site boundaries and adjacent lands which accurately
identify the site location;
(c)
Property owner's and contractor's name, address and telephone
number;
(d)
A graphic scale and North arrow;
(e)
Existing and proposed road right-of-way lines and road names
on site and adjacent to the site;
(f)
Location of lakes, streams, wetlands, shorelands, channels,
ditches and other watercourses on and immediately adjacent to the
site;
(g)
Location of the one-hundred-year floodplains, flood-fringes
and floodways, where applicable;
(h)
General location of vegetative cover proposed to remain and
not disturbed;
(i)
Location and dimensions of stormwater drainage systems and/or
direction of natural drainage patterns on and immediately adjacent
to the site;
(j)
Locations and dimensions of utilities, structures, roads, highways
and paving;
(k)
Existing and proposed elevations at the property corners and
at all corners of the proposed structure(s), and bench mark elevation;
(l)
Existing and proposed elevations every 25 feet along each property
line and the center line of any drainage swales or other required
location as requested by the Village Engineer, or designee; the location
of each point shall be dimensioned along the property line (alongside
property lines, begin at the front property line, and along rear property
lines, begin at the high point) and shall match the master grading
plan (if available);
(m)
Existing and proposed elevation of the high point(s) and direction
of the drainage with spot elevations at a minimum of 25 feet apart
along the proposed drainage routes; these points shall be dimensioned
as measured from the property lines;
(n)
Locations and dimensions of all temporary soil or dirt piles;
(o)
Locations and dimensions of all construction site control measures,
such as silt filter fences, hay bales or sedimentation basins, necessary
to meet the requirements of this chapter;
(p)
Location of orange construction fence for delineation of environmental
protection areas such as wetlands, woodlands, and floodplains;
(q)
Location of six-foot perimeter construction site fencing, and
proposed hours of construction activities;
(r)
Location of construction entrances (graveled driveway);
(s)
Location of job trailers and on-site parking area for construction
vehicles (graveled and paved parking area);
(t)
Location of garbage dumpster; and
(u)
Location of sidewalks, patios and all other impervious surfaces.
C.
Additional erosion control plan measures. The following requirements
shall be met on all sites:
(1)
Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins or other appropriate control measures identified
in the DNR Technical Standards, as may be amended from time to time.
Water may not be discharged in a manner that causes erosion of the
site, adjacent land or receiving channels.
(2)
Waste and material disposal.
(a)
All waste and unused building materials, such as but not limited
to garbage, debris, cleaning wastes, wastewater, oil, toxic materials,
or hazardous materials, shall be properly disposed of and are not
allowed to be carried by runoff into a receiving channel or stormwater
drainage system.
(b)
Garbage dumpsters shall be located on the construction site
by the contractor throughout the construction project for the disposal
of unwanted building materials and debris. Garbage dumpsters shall
be emptied periodically to avoid debris from blowing out and onto
the site.
(3)
Tracking. Each site shall have graveled or paved roads, graveled
or paved access driveways, and graveled or paved parking areas of
sufficient width and length installed prior to any excavation or topsoil
stripping on the site in order to prevent sediment from being tracked
onto public and private roadways.
(a)
Any sediment or mud tracking reaching a public or private road
shall be removed by street cleaning (not flushing) before the end
of each working day or more frequently if tracking causes a public
nuisance to the traveling public.
(b)
Stone tracking pads shall meet the DNR Technical Standards.
All gravel driveways shall be maintained by the builder or contractor
throughout the construction project; however, the landowner shall
ultimately be the responsible party.
(c)
Each site shall provide sufficient parking areas on site for
all construction trailers, construction equipment, and construction-related
building materials. No construction-related trailers, equipment, or
building materials shall be located on the public rights-of-way overnight,
unless approved by the Village.
(d)
All trailer unloading and loading of construction equipment
shall be conducted on site.
(4)
Vegetation preservation. Whenever possible, existing trees, shrubbery
and grasses shall be preserved on the construction site to prevent
erosion.
(a)
In those locations where the site has been disturbed, revegetation
shall take place as soon as practicable, upon completion of the construction.
Revegetation involves seeding, sodding or mulching of bare soil as
soon as possible.
(b)
If construction is completed after September 15 of any given
year, seeding or sodding may be delayed to the following year. Applying
mulch or temporary seed, such as rye or winter wheat, is recommended
if weather permits. Straw bales or filter fences must be maintained
until final seeding or sodding is completed in the spring or no later
than June 1 of the following year.
(5)
Storm drain inlet and catch basin protection. All storm drain inlets
and catch basins shall be protected meeting the accepted design criteria,
standards and specifications of the Village and the DNR Technical
Standards, as may be amended from time to time.
(6)
Site erosion control.
(a)
Channelized runoff from adjacent areas passing through the site
shall be diverted around disturbed areas, if practical.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
All disturbed ground left inactive for 14 or more days shall
be stabilized by temporary or permanent seeding; temporary or permanent
seeding and mulching; sodding; DNR-approved polymers; or equivalent
control measures. If temporary seeding is used, a permanent cover
shall also be required as part of the final site stabilization. Seeding
or sodding shall be conducted as specified in the DNR Technical Standards
or by the Village.
(d)
Any soil or dirt storage piles containing more than 10 cubic
yards of material should not be located with a downslope drainage
length of less than 25 feet to a roadway or drainageway.
(e)
Any soil or dirt pile shall be removed upon the completion of
the project and prior to occupancy permits, unless approved by the
Village.
D.
Maintenance of erosion control measures. All silt fences, hay bales,
sedimentation basins and other control measures necessary to meet
the requirements of this chapter shall be maintained by the applicant
or subsequent landowner during the entire period of the land disturbance
and land development of the site in a satisfactory manner to ensure
adequate performance and to prevent nuisance conditions. These erosion
control measures shall be removed by the applicant or subsequent landowner
upon stabilization of the area.
A.
Permit required. No landowner or land users may commence a land disturbance,
land development, or filling activity, as defined in this chapter,
without first submitting an erosion control permit application and
an erosion control plan for review, submitting the application review
fee and receiving an erosion control permit from the Village. By submitting
an application, the applicant is authorizing the Village staff to
enter onto the site to obtain information required for the review
and inspection of the erosion control and site maintenance measures.
B.
Review of erosion control plan and permit application. If the Village
determines that the erosion control application or the erosion control
plan is lacking the necessary information or is not in compliance
with this chapter, the applicant shall be notified of the inadequacy
as soon as practical after review. Within 10 business days of the
receipt of the erosion control application, the Village shall review
the application and the erosion control plan to determine whether
the requirements of this chapter are met.
(1)
If the application materials comply with this chapter, the Village
staff shall approve the erosion control plan, inform the applicant
and issue the erosion control permit.
(2)
If the application materials are incomplete or do not comply with
this chapter, the Village shall inform the applicant that further
information is required. Upon receipt of the additional information,
the Village shall again determine whether the erosion control plan
meets the requirements of this chapter. If the erosion control plan
is still not approved, the Village shall inform the applicant in writing
of the reasons for the denial.
C.
Permits.
(1)
Duration. Permits shall be valid for a period of 180 days or the
length of a building permit or other construction activity authorized
by the Village, whichever is longer, from the date of issuance. The
Village may extend the period one or more times, upon request of the
applicant, for up to an additional 180 days, at no additional cost.
The Village may require additional or replacement of control measures
as a condition of the extension if they are necessary to meet the
requirements of this chapter.
(2)
Permit conditions. All valid permits shall require the permittee
to:
(a)
Notify the Village within 48 hours of commencing the land disturbance
or land-developing activity.
(b)
Notify the Village for inspection upon the completion of any
erosion control measures within 14 business days after their installation.
(c)
Notify the Village upon completion of the project and when the
site has been stabilized.
(d)
Obtain approval in writing from the Village prior to modifying
the application and erosion control plan.
(e)
Install and maintain all erosion control measures as identified
in the approved erosion control plan.
(f)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the erosion control
plan.
(g)
Repair any areas which indicate siltation or erosion damage
to adjoining surfaces and drainageways resulting from land-developing
or disturbance activities.
(h)
Inspect the erosion control measures after each rain of 0.5
inch or more and at least once each week, make needed repairs, keep
a record of all inspections and provide a copy of said inspection
reports to the Village upon its request.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(j)
Provide any additional conditions as may be required to ensure
compliance with this chapter and any other federal, state, county
or Village requirements.
(k)
Keep a copy of the approved erosion control plans and permit
conditions on the project site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Grading and erosion control cash deposit.
(1)
Prior to the issuance of an erosion control permit for land disturbances
of less than one acre, including an individual single-family site
or two-family site, the landowner shall provide a cash deposit of
$1,000 to the Village in order to provide a guarantee that construction
site and erosion control maintenance and grading and drainage work
at the proposed site have been restored properly and final site surveys
are completed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Such cash deposit shall be deposited by the Village Treasurer in
an interest-bearing account and returned to the landowner, except
for a six-percent administrative processing fee, only after the items
listed below have been successfully completed and approved by the
Village.
(a)
All required culverts and all other required drainage structures
or appurtenances shall meet Village specifications and approved grading
and drainage plans. All such drainage culverts and structures shall
be of appropriate size, gauge, cross or length, and such structures
shall be properly installed at the required elevations and locations
and in undamaged condition and free of any silt or other deposits.
(b)
All required ditches, swales, berms, drainage easements and
waterways located within the boundaries of the referenced site or
within the adjacent road right-of-way and area lying adjacent to the
referenced site shall be graded to the proper gradients and side slopes,
shall lie at the required elevations and locations, shall be seeded
or sodded and shall be covered with healthy growing grass in accordance
with Village-approved grading and drainage plans.
(c)
The finished or final yard elevation and slope around the perimeter
of any new structure along with the entire site area shall be final
graded and finished with topsoil to the required elevations as shown
on the building permit plat of survey submitted at the time of building
permit issuance.
(d)
All roof drainage and sump pump discharge shall be outletted
to the street yard, natural drainageway or approved storm sewer system
so as not to saturate, accumulate or damage the subject property or
adjacent properties.
(e)
Gutters and downspouts or roof leaders and downspouts shall
be installed on all principal structures in order to direct water
runoff away from the structures to the street yard, natural drainageway
or approved storm sewer system.
(f)
The site shall be cleared of all rubbish, garbage, brush, tree
limbs, debris, construction material or other unused materials, and
all clay or fill piles shall be removed from the site.
(g)
A plat survey-final occupancy certification per Chapter 405 of the Village Code shall be submitted showing final as-built elevations as approved by the Village.
[1]
If the structure is completed in the nongrowing season, the
site shall be rough graded to prevent runoff to adjacent properties.
In addition, the lot shall be stabilized as approved by the Village,
and the required erosion control measures (silt fence, gravel drive,
etc.) shall remain in good repair until the site can be final graded
and stabilized. However, the site shall be completed and a plat of
survey-final occupancy certification submitted by landowner and approved
by the Village prior to return of any portion of the cash deposit.
(h)
The entire property shall be seeded or sodded and must be covered
with healthy growing grass.
(3)
At the time that the above requirements are completed and all related
inspections are satisfied, the deposited cash would be promptly returned
with interest, less an administrative finance processing fee of 6%.
(4)
If the requirements are not completed, the Village will notify the
owner to complete the required work within a reasonable time period.
Upon failure to complete the work, the Village is authorized to complete
the work and charge the work against the deposited cash and accrued
interest. If the work completed by the Village is less than the deposited
cash and accrued interest, the remainder will be returned to the landowner.
Additional costs to complete the work will be assessed to the property
at the end of the year and placed on the tax assessment roll.
E.
Street-sweeping cash deposit. Prior to an erosion control permit
being issued for land disturbance associated with preliminary grading,
mass grading or any project, other than individual permits for single-family
and two-family dwellings or minor land activities, the landowner shall
submit a street-sweeping cash deposit to guarantee to the Village
that the conditions of the erosion control permit and this chapter
are being followed as they relate to maintaining the public right-of-way
and stormwater drainage system. The cash deposit shall be used if
the Village determines that the landowner or his contractors have
not kept the right(s)-of-way clean from mud tracking, if erosion control
measures are damaged or if there is damage to stormwater drainage
improvements. The Village shall notify the owner if any mud tracking
or damaged erosion control measures or stormwater drainage improvements
exist, providing them with a time frame to clean the streets or fix
the damaged erosion control measures or stormwater drainage improvement.
If the road is not clean and the damaged erosion control measures
or stormwater drainage improvements are not completed in the time
frame specified, the Village may complete the work and draw upon the
street-sweeping cash deposit for the actual costs. If the cash is
depleted prior to the project being completed, the owner shall post
another cash deposit in the same amount. The cash deposit or any portion,
less a 6% administrative processing fee, will be timely refunded on
completion of the project.
F.
G.
Fees. The landowner or land user shall pay the following fees to
the Village at the time a proposed erosion control plan is filed and
an application is submitted to assist in defraying the cost of review
and evaluation:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Erosion control plan review fee for filling or land disturbance on
residential lots, including multifamily lots/buildings, at the time
a principal structure is proposed: as established in the Village Fee
Schedule per lot or building.
(2)
Plan review fee for filling or land disturbance for minor land activities,
maintenance activities, and on existing residential lots, including
multifamily lots/buildings: as established in the Village Fee Schedule
per lot or building.
(3)
Erosion control plan review fee for certified survey maps (NOTE:
Individual erosion control permits are still required for each lot/unit/building.):
as established in the Village Fee Schedule per each certified survey
map. Required only if creating two or more new lots.
(4)
Mass grading erosion control review fee for new subdivisions, multifamily,
commercial, industrial, institutional, or recreational, or other mass
grading of a site (NOTE: Individual erosion control permits are still
required for each lot/unit/building.): as established in the Village
Fee Schedule.
A.
The Village Engineer, or designee, shall have the authority, on a
case-by-case basis, to waive the requirement of the erosion control
plan and/or installation of the erosion control measures for minor
land activities, if the project does not affect stormwater runoff
and construction debris and runoff from the construction activity
or land disturbance are not anticipated, due to the topography of
the land, to carry a significant amount of sediment or other pollutants
to waters or public road rights-of-way of this state, county or Village.
B.
The waiving of the erosion control plan and/or installation of the
erosion control measures does not invalidate any other requirements
set forth in this chapter.
A.
The Village shall inspect permitted construction sites as often as
necessary to ensure compliance with the erosion control plan.
B.
If land disturbance or land-developing activities are being conducted
without a permit, the Village shall enter and inspect the land pursuant
to the provisions of § 66.0119(1), (2), and (3), Wis. Stats.
The following methods of enforcement in any combination thereof
are authorized against any landowner or responsible party that is
found to be in violation of any provision of this chapter:
A.
Stop-work order. The Village may issue a stop-work order if the work
being done does not comply with Village standards, is not being done
correctly, does not have required approvals or permits from the Village
or other agencies having jurisdiction, or is deemed unsafe to the
public.
B.
Compliance order. The Village shall notify the owner in writing of
any noncomplying activity. The compliance order shall describe the
nature of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action that may be taken.
C.
Forfeiture. Any person violating any of the provisions of this chapter
is subject to a forfeiture of not less than $50 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
If the violations are likely to result in damage to private properties,
public facilities, waters of the state or other waterways in the Village,
the Village may take emergency actions necessary to prevent such damage.
E.
The owner or responsible party is responsible for any costs incurred
by the Village to bring the violation into compliance with any compliance
order. The Village shall mail an invoice for any such work to the
owner or responsible party. All invoices shall be paid within 30 days.
For invoices not paid within 30 days, there is a penalty of 1.5% per
month due on the unpaid invoice balance, along with an additional
10% penalty if the outstanding invoice, interest, and penalty are
placed on the tax roll (a lien against the property). The right of
the Village to assess a lien against the property shall be one of
the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a money judgment for any invoices
which are past due.
F.
The Village may seek enforcement of violations of this chapter through
a court of equity located in Kenosha County.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
