[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.]
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:
The Public Works Director who is hereby designated by the
Village Board to administer this chapter.
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.
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.
A day the Village Hall is routinely and customarily open
for business.
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
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.
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.
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.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
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.
The process by which the land's surface is worn away
by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
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.
The Village Board of Trustees.
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.
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.
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 narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
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.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Has the meaning given in Chapter 387, Post-Construction Stormwater Management, of the Village Code.
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.
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
Settleable solids 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 disturbing construction activity is proposed
in the permit application.
An order issued by the Public Works Director which requires
that all construction activity on the site be stopped.
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
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.
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.
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.
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.
(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.
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.
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.
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.
