Village of Allouez, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Allouez 8-16-2016 by Ord. No. 2016-17 (Ch. 52 of the Village Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 175.
Stormwater — See Ch. 385.
Post-construction stormwater management — See Ch. 387.
Land divisions — See Ch. 460.
It is the purpose of this chapter to 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; control 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 land disturbing construction activity to the municipal separate storm sewer system (MS4) and waters of the state.
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 same governing body.
C. 
The Village Board hereby designates the Public Works Director to administer and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the Village of Allouez.
D. 
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Village Board finds that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Allouez.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
The Public Works Director who is hereby designated by the Village Board to administer this chapter.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical. For purposes of this chapter, "average annual rainfall" means measured precipitation in Green Bay, Wisconsin, between March 29 and November 25, 1969.
BEST MANAGEMENT PRACTICE (BMP)
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to the MS4 or waters of the state.
BUSINESS DAY
A day the Village Hall is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALE
A development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
CONSTRUCTION SITE
An area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. The TR-55, Type II, twenty-four-hour design storms for the Village of Allouez are: one-year, 2.2 inches; two-year, 2.5 inches; ten-year, 3.8 inches; and one-hundred-year, 5.3 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other land uses and associated roads.
DIVISION OF LAND
The creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
FINAL STABILIZATION
All land disturbing 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.
GOVERNING BODY
The Village Board of Trustees.
LAND DISTURBING CONSTRUCTION ACTIVITY (OR DISTURBANCE)
Any man-made alteration of the land surface resulting in a change in the topography, 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 the MS4 or waters of the state. "Land disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling.
MAXIMUM EXTENT PRACTICABLE (MEP)
The highest level of performance that is achievable but is not equivalent to the performance standard identified in this chapter. Maximum extent practicable applies when the permit applicant demonstrates to the Public Works Director's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the permit applicant shall take into account 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
As defined in Ch. NR 216, Wis. Adm. Code, a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:
A. 
Owned or operated by a municipality.
B. 
Designed or used for collecting or conveying stormwater.
C. 
Which is not a combined sewer conveying both sanitary and storm water.
D. 
Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Public Works Director to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to the MS4 or waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
PROTECTIVE AREA
Has the meaning given in Chapter 387, Post-Construction Stormwater Management, of the Village Code.
RESPONSIBLE PARTY
Any entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.
RUNOFF
Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solids material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location.
SITE
The entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the Public Works Director which requires that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The amount of pollutants specified as a function of one or more water quality parameters that can be discharged per day or per year into a water quality limited water body and still ensure attainment of the applicable water quality standard.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (NRCS), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States Department of Agriculture, Natural Resources Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this chapter. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
A. 
Applicability.
(1) 
This chapter applies to the following land disturbing construction activities except as provided under Subsection A(2):
(a) 
A major erosion control permit issued by the Public Works Department is required for a construction site which has 4,000 square feet or greater of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a permitted site, including the performance standards, the permit requirements, and the plan requirements.
(b) 
A major erosion control permit is required for a construction site which has 100 cubic yards or greater of excavation volume, filling volume, or some combination of excavation and filling volume.
(c) 
A major erosion control permit is required for a construction site which has 100 linear feet or greater of land disturbance to a highway, street, driveway, swale, ditch, waters of the state, wetland, protective area, or other nonagricultural drainage facility which conveys concentrated flow. Wetlands shall be delineated in accordance with § NR 103.08(1m), Wis. Adm. Code.
(d) 
A major erosion control permit issued by the Public Works Department for commercial and business projects is required for a construction site with less than 4,000 square feet of land disturbing construction activity but the permit may be issued at a reduced fee. The responsible party shall comply with all applicable provisions of this chapter for a permitted site but may not have to meet the numerical performance standards.
(e) 
A minor erosion control permit issued by the Village Building Inspection Department is required for construction of one- and two-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than 4,000 square feet of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this chapter for a permitted site but may not be required to meet the numerical performance standards.
(2) 
This chapter does not apply to the following:
(a) 
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122.
(b) 
Nonpoint discharges from agricultural activity areas.
(c) 
Nonpoint discharges from silviculture activities.
(3) 
Notwithstanding the applicability requirements in Subsection A(1) and (2), a permit is required for any construction site with land disturbing construction activity if the Public Works Director determines that permit coverage is needed in order to improve ordinance compliance or meet targeted performance requirements; if runoff is likely to exceed the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter, or endangers property or public safety; or it is deemed necessary to protect waters of the state. If a permit is required the responsible party shall comply with all applicable provisions of this chapter for a permitted site, including performance standards, permit requirements, and plan requirements.
B. 
Jurisdiction. This chapter applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the Village of Allouez.
C. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, including the Wisconsin Department of Transportation (WisDOT), or a county agency or other governmental 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.
A. 
Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:
(1) 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
(2) 
Technical standards and other guidance identified within the Village of Allouez Technical Reference Guide contained herein.[1]
[1]
Editor's Note: See § 200-14, Technical Reference Guide.
(3) 
For this chapter, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the "R factor," or an equivalent design storm using a Type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
(4) 
Soil loss prediction tools such as the Revised Universal Soil Loss Equation 2 (RUSLE2) that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards contained in this chapter. The USLE and its successors RUSLE and RUSLE2 use an R factor which has been developed to estimate annual soil erosion averaged over extended time periods. The R factor can be modified to estimate monthly and single-storm erosion. A design storm can be statistically calculated to provide an equivalent R factor as an average annual calculation.
B. 
Other standards. Other technical standards not identified or developed in Subsection A may be used provided that the methods have been approved by the Public Works Director.
A. 
Responsible party. The responsible party shall implement an erosion and sediment control plan that incorporates the requirements of this chapter.
B. 
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party and shall meet all of the applicable requirements contained in this chapter. The written plan may be that specified within § NR 216.46, Wis. Adm. Code, the erosion control portion of a construction plan or other plan.
C. 
Requirements. The erosion and sediment control plan shall meet all of the following requirements for all permitted construction sites:
(1) 
The plan shall use BMPs to prevent or reduce all of the following:
(a) 
The deposition of soil from being tracked onto streets and vehicles.
(b) 
The discharge of sediment from disturbed areas into stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent wetlands and waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of sediment from erosive flows at outlets and in downstream channels.
(h) 
The discharge of on-site chemicals, cement and other building compounds and materials into waters of the state or off-site separate storm sewers during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this chapter.
(i) 
The discharge of untreated wash water from vehicle and wheel washing into waters of the state or off-site separate storm sewers.
(2) 
For sites with one acre or more of land disturbing construction activity, the plan shall meet the following sediment performance standards:
(a) 
Best management practices (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.
(b) 
Except as provided in Subsection F, Targeted performance standards, the Public Works Director may not require any person to employ more BMPs than are needed to meet the five tons per acre per year sediment performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The Village may give credit toward meeting the sediment performance standard for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
(c) 
Notwithstanding Subsection C(2)(a) and (b) above, if BMPs cannot be designed and implemented to meet the five tons per acre per year sediment performance standard, the 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.
(3) 
The plan shall incorporate all of the following preventative measures:
(a) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(b) 
Minimization of soil compaction and preservation of topsoil.
(c) 
Minimization of land disturbing construction activity on slopes of 20% or more.
(d) 
Development of spill prevention and response procedures.
(e) 
Contain sediment on the construction site by use of properly placed silt fence and silt barriers, including protecting all soil piles.
(4) 
For construction sites with less than one acre of land disturbing activity, reduce the total suspended solids load using BMPs from the Technical Reference Guide. These sites are not required to satisfy a numeric performance standard.
D. 
Location. Best management practices (BMPs) shall be located so that treatment occurs before the runoff enters waters of the state and off-site storm sewers. However, projects that require BMP placement in waters of the state, such as a turbidity barrier, are not prohibited by this chapter.
E. 
Implementation. The BMPs used to comply with this chapter shall be implemented as follows:
(1) 
In accordance with the plan developed herein, the erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
Best management practices (BMPs) that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
(6) 
The use, storage and disposal of building materials, chemicals, cement, concrete truck washout, litter, sanitary waste, and other compounds and materials used on the construction site shall be managed during the construction period to prevent their entrance into storm sewers and waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
F. 
Targeted performance standards. The Public Works Director may establish numeric water quality requirements that are more stringent than those set forth in Subsection C(2) in order to meet targeted performance standards, the total maximum daily loads, and water quality standards for the Fox River and East River. The numeric water quality requirements may be applicable to any permitted site regardless of the size of the land disturbing construction activity.
G. 
Alternate requirements. The Public Works Director may establish erosion and sediment control requirements more stringent than those set forth in this section if the Public Works Director determines that an added level of protection is needed for sensitive resources. However, the alternative requirements shall not be less stringent than those requirements promulgated in rules by the Wisconsin Department of Natural Resources under Ch. NR 151, Wis. Adm. Code.
A. 
Permit required. No responsible party may commence a land disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Public Works Director.
B. 
Permit application and fees. The responsible party desiring to undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 200-9 and shall pay fees identified in § 200-10 to the Village of Allouez. By submitting an application, the applicant is authorizing the Public Works Director to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Review and approval of permit application. The Public Works Director shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
(1) 
Within 20 business days of the receipt of a complete permit application as required by Subsection B, the Public Works Director shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
(2) 
If the permit application and plan are approved, the Public Works Director shall issue the permit.
(3) 
If the permit application or plan is disapproved, the Public Works Director shall state in writing the reasons for disapproval.
(4) 
The Public Works Director may request additional information from the applicant. If additional information is submitted, the Public Works Director shall have 20 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
(5) 
Failure by the Public Works Director to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D. 
Surety bond. As a condition of approval and issuance of the permit, the Public Works Director may require the applicant to deposit a surety bond, cash escrow, or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
E. 
Permit requirements.
(1) 
All permits shall require the responsible party to:
(a) 
Notify the Public Works Director within 48 hours of commencing any land disturbing construction activity.
(b) 
Notify the Public Works Director of completion of any BMPs within 10 business days after their installation.
(c) 
Obtain permission in writing from the Public Works Director prior to any modification pursuant to § 200-9C of the erosion and sediment control plan.
(d) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(e) 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(f) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in weekly inspection reports.
(g) 
Conduct construction site inspections at least once per week and within 24 hours after a precipitation event of 0.5 inch or greater; repair or replace erosion and sediment control BMPs as necessary within 24 hours of an inspection or notification that repair or replacement is needed; and maintain, at the construction site, weekly written reports of all inspections. Weekly inspection reports shall include all of the following: date, time and location of the construction site inspection; the name of individual who performed the inspection; an assessment of the condition of erosion and sediment controls; a description of any erosion and sediment control BMP implementation and maintenance performed; and a description of the present phase of land disturbing construction activity at the construction site. The permit applicant shall provide copies of all weekly inspection reports to the Public Works Director on the first of each month.
(h) 
Allow the Public Works Director to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan and keep a copy of the erosion and sediment control plan, stormwater management plan, amendments, weekly inspection reports, and permit at the construction site until permit coverage is terminated. The Public Works Director may elect to conduct the construction site inspection with the responsible party and shall notify the responsible party when this is required.
(2) 
The permit applicant shall post the certificate of permit coverage in a conspicuous location at the construction site.
F. 
Permit conditions. Permits issued under this section may include conditions established by the Public Works Director in addition to the requirements set forth in Subsection E where needed to assure compliance with the performance standards in § 200-7.
G. 
Permit duration. Permits issued under this section 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 Public Works Director may extend the period one or more times for up to an additional 180 days. The Public Works Director may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
A. 
Plan requirements. The erosion and sediment control plan required under § 200-7B shall comply with the Technical Reference Guide and contain at a minimum the following information:
(1) 
Name, address, and telephone number of the landowner and responsible parties.
(2) 
A legal description of the property proposed to be developed.
(3) 
A site map with property lines, disturbed limits, and drainage patterns.
(4) 
Total area of the site and total area of the construction site that is expected to be disturbed by construction activities.
(5) 
Performance standards applicable to site.
(6) 
Proposed best management practices.
B. 
Erosion and sediment control plan statement. For each construction site identified under § 200-5A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Public Works Director. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this chapter, including the site development schedule.
C. 
Amendments. The applicant shall amend the plan if any of the following occur:
(1) 
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
(2) 
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The Public Works Director notifies the applicant of changes needed in the plan.
D. 
Alternate requirements. The Public Works Director may prescribe requirements less stringent for applicants seeking a permit for a construction site with less than one acre of disturbance.
The fees referred to in other sections of this chapter shall be established by the Village Board and may from time to time be modified by resolution. A schedule of the fees established by the Village Board shall be available for review in the Village Hall.
If land disturbing construction activities are being carried out without a permit required by this chapter, the Public Works Director may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
A. 
The Public Works Director may post a stop-work order if any of the following occur:
(1) 
Any land disturbing construction activity regulated under this chapter is being undertaken without a permit.
(2) 
The erosion and sediment control plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
(4) 
Any land disturbing construction activity is in violation of this chapter.
B. 
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Public Works Director may revoke the permit.
C. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Public Works Director, or if a responsible party violates a stop-work order posted under Subsection A, the Public Works Director may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
D. 
The Public Works Director or the Village Board may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the Public Works Director may issue a notice of intent to the responsible party of the Village's intent to perform work necessary to comply with this chapter. The Public Works Director may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Public Works Director, plus interest at the rate authorized by the Village Board, shall be billed to the responsible party or recovered from the surety bond, cash escrow, or irrevocable letter of credit. In the event a responsible party fails to pay the amount due, the Village Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
F. 
Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $100 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease-and-desist order before resorting to injunctional proceedings.
A. 
Appeals. Pursuant to § 385-15 of this Code and pursuant to § 61.354(4)(b), Wis. Stats., the Village Board:
(1) 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Director in administering this chapter, except for cease-and-desist orders obtained under § 200-12C;
(2) 
Upon appeal, may authorize variances from the provisions of this chapter which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and
(3) 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Village Board may be taken by any aggrieved person or by any office, department, board, or bureau of the Village of Allouez affected by any decision of the Public Works Director.
The Construction Site Erosion Control Technical Reference Guide is hereby incorporated into this chapter. The Technical Reference Guide is intended to assist in interpretation and implementation of this chapter.