[HISTORY: Adopted by the Common Council of the City of Glenwood City at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this chapter and to any amendments to this chapter.
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
The Common Council hereby designates the Building Inspector or City Clerk-Treasurer or designee to administer and enforce the provisions of this chapter.
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
Findings. The Common Council finds that runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the City of Glenwood City.
Purpose. It is the purpose of this chapter to preserve the natural resources, to protect the quality of the waters of the state and City and to protect and promote the health, safety and welfare of the people to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams and wetlands. The Common Council finds that land uses have significantly contributed to the process of soil erosion, runoff, and sediment deposition in waters located within or near the City. It is therefore declared to be the purpose of this chapter to control and if possible prevent soil erosion and minimize water runoff increases and thereby to preserve the natural resources, control floods, prevent impairment of dams and reservoirs, protect the quality of public waters and wetlands, prevent property damage, preserve wildlife, protect the tax base and protect and promote the health, safety and general welfare of the people of the City of Glenwood City. This chapter is in accordance and consistent with Chapter 450, Zoning, of this Code, so far as practicable.
This chapter does not apply to the following:
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 for land disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the City Engineer, are likely to result in runoff that exceeds 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 that endangers property or public safety.
Jurisdiction. This chapter applies to land disturbing construction activity on construction sites located within the boundaries and jurisdiction of the City of Glenwood City as well as all lands located within the extraterritorial plat approval jurisdiction of the City of Glenwood City, even if plat approval is not involved.
The following activities are generally excluded from coverage under this chapter:
Agricultural land use as defined in this chapter and quarries, except where the Common Council, City Engineer or Building Inspector determines that erosion or runoff from such agricultural or quarry use is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
Small land disturbing activities such as gardens, minor landscaping modifications and minor repair of sidewalks, paths or driveways, except where the City Engineer or Building Inspector determines that erosion or runoff is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of the District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
The following definitions shall be applicable in this chapter:
- AGRICULTURAL LAND USE
- Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
- BEST MANAGEMENT PRACTICE or BMP
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
- BUILDING INSPECTOR
- The Building Inspector of the City of Glenwood City.
- COMMERCIAL LAND USE
- Use of land for the retail or wholesale sale of goods or services.
- 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 where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan.
- CONTROL MEASURE
- A practice or combination of practices to control erosion and attendant pollution.
- CONTROL PLAN
- A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this chapter submitted by the applicant for review and approval by the Building Inspector and/or City Engineer.
- The detachment and movement of soil, sediment or rock fragments by water, wind, 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.
- EXISTING GRADE
- The vertical location of the existing ground surface prior to excavation or filling.
- Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or manually transported to a new location and shall include the conditions resulting therefrom.
- Altering the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed.
- LAND DEVELOPING ACTIVITY
- The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
- LAND DISTURBING ACTIVITY
- Any change to the land surface which may result in soil erosion, sedimentation or increase in water runoff, including but not limited to tilling, removal of vegetative cover, stockpiling of soil, grading, excavating, livestock grazing and filling of land.
- LAND DISTURBING CONSTRUCTION ACTIVITY
- Any man-made change of the land surface, including removing vegetative cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.
- Any person holding title to or having any interest in land.
- LAND TREATMENT MEASURES
- Structural or vegetative practices (including fencing) used to control erosion, sediment and water runoff.
- LAND USER
- Any person who uses land collectively or individually as owner, operator, lessor or renter or who occupies land by providing work or service that requires alteration of the land or any person who has made other arrangements with a landowner which give him the right and/or responsibility for use of the land.
- MAJOR LAND DISTURBING ACTIVITIES
- Those activities where the land disturbance covers one or more acres, where a subdivision (as defined by Ch. 236, Wis. Stats.) is created, or where the Common Council, Planning Commission, City Engineer or Building Inspector determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental areas make the disturbance a major one.
- MINOR LAND DISTURBING ACTIVITIES
- Those activities where the land disturbance covers less than one acre and the activities do not otherwise fall within the definition of "major land disturbing activities."
- All continuous lands under the ownership or control of a land occupier or land user.
- PEAK FLOW
- The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a predetermined storm or flood.
- Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county, or state agency within Wisconsin, the federal government or any combination thereof.
- PUBLIC LANDS
- All lands owned or controlled by any unit of government.
- Includes but is not limited to ice or water flowing over the ground surface.
- Solid material, mineral or organic, that is in suspension, is being transported to or has been moved from its site of origin by air, water, gravity or ice and has come to rest or has been deposited on the earth's surface at another location.
- The transportation and deposition of sediment that may ultimately degrade water quality by the presence of suspended solid particles derived from soils by erosion or discharged into surface waters from other sources, or the deposition of waterborne sediments in stream channels, lakes, reservoirs, or on floodplains, usually resulting from a decrease in the velocity of the water flow.
- The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.
- SOIL LOSS
- Soil removed from a given site by land disturbing activities or by the forces of erosion and redeposited at another site.
- STORM FREQUENCY
- The average period of time during which a storm of a given duration and intensity can be expected to be equaled or exceeded.
- STORM SEWER
- A closed conduit for conducting collected stormwater.
- STORMWATER RUNOFF
- The waters derived from rains falling within a tributary drainage basin, flowing over the ground surface or collected in a water drainage system.
- STRUCTURAL MEASURES
- Land treatments intended to prevent erosion, sediment or runoff that include, but are not limited to, gully control structures, grass waterways, riprap, detention basins or ponds, sediment basins or ponds, flood retention dams, diversions, and lining channels with rock, concrete or other materials. Contour strip cropping is not considered a structural measure under this chapter.
- TECHNICAL STANDARDS
- A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
- WATER DRAINAGE FACILITY
- Any element in a water drainage system which is made or improved.
- WATER DRAINAGE SYSTEM
- All facilities used for conducting runoff to, through or from a drainage area to the point of final outlet, including but not limited to any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, reservoirs, detention basins or ponds, storm sewers, streets, and pumping stations.
- WORKING DAY
- Monday, Tuesday, Wednesday, Thursday or Friday, excluding, however, any such day officially observed by the City as a legal holiday. Also referred to as "business day."
All control measures required to comply with this chapter shall be measures based on accepted design criteria, standards and specifications periodically established by the United States Natural Resources Conservation Service and Wisconsin Department of Natural Resources, the technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code, or those otherwise identified as acceptable by the Building Inspector or City Engineer. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply.
All 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 period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.
Erosion and other pollutant control requirements.
Best management practices (BMPs) shall be used that, by design, achieve to the maximum extent practicable a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls until the construction site has undergone final stabilization. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this subsection. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
Notwithstanding Subsection B(1), if BMPs cannot be designed and implemented to reduce the sediment load by 80% on an average annual basis, the plan shall include a written and site-specific explanation as to why the eighty-percent reduction goal is not attainable, and the sediment load shall be reduced to the maximum extent practicable.
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their entrance into 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.
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
Alternative requirements. The City Building Inspector and the City Engineer may establish an erosion and sediment control plan more stringent than that set forth in this section if the City Building Inspector or City Engineer determines that an added level of protection is needed for sensitive resources.
Erosion and sediment control plan.
An erosion and sediment control plan shall be prepared and submitted to the City Engineer.
The erosion and sediment control plan shall be designed to meet the performance standards in § 200-7 and other requirements of this chapter.
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
The name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
A sequence of construction of the development 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.
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet:
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified one-hundred-year floodplains, flood-fringes and floodways shall also be shown.
Boundaries of the construction site.
Drainage patterns and approximate slopes anticipated after major grading activities.
Areas of soil disturbance.
Location of major structural and nonstructural controls identified in the plan.
Location of areas where stabilization practices will be employed.
Areas which will be vegetated following construction.
Areal extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
An alphanumeric or equivalent grid overlying the entire construction site map.
Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:
Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer, structural measures shall be installed on upland soils.
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
Trapping of sediment in channelized flow.
Staging construction to limit bare areas subject to erosion.
Protection of downslope drainage inlets where they occur.
Minimization of tracking at all sites.
Cleanup of off-site sediment deposits.
Proper disposal of building and waste materials at all sites.
Stabilization of drainageways.
Control of soil erosion from dirt stockpiles.
Installation of permanent stabilization practices as soon as possible after final grading.
Minimization of dust to the maximum extent practicable.
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
Erosion and sediment control plan statement. For each construction site identified under § 200-3A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer. 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. The following exceptions apply to this Subsection B:
Amendments. The applicant shall amend the plan if any of the following occurs:
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.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The City Engineer notifies the applicant of changes needed in the plan.
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 City Building Inspector.
Permit application and fees. At least one 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 this section and shall pay an application fee established by the Common Council to the City Building Inspector. By submitting an application, the applicant is authorizing the City Building Inspector and City Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
Review and approval of permit application. The City Building Inspector 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:
Within 30 business days of the receipt of a complete permit application, as required by Subsection D(1), the City Building Inspector shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
If the permit application and plan are approved, the City Building Inspector shall issue the permit.
If the permit application or plan is disapproved, the City Building Inspector shall state in writing the reasons for disapproval.
The City Building Inspector may request additional information from the applicant. If additional information is submitted, the City Building Inspector shall have 15 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Failure by the City Building Inspector to inform the permit applicant of a decision within 30 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.
Surety bond. As a condition of approval and issuance of the permit, the City Building Inspector may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
Permit requirements. All permits shall require the responsible party to:
Notify the City Building Inspector within 48 hours of commencing any land disturbing construction activity.
Notify the City Building Inspector of completion of any BMPs within 14 days after their installation.
Obtain permission in writing from the City Building Inspector prior to any modification pursuant to this section of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in a site erosion control log.
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods and at least once each week, make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
Allow the City Building Inspector and City Engineer 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.
Keep a copy of the erosion and sediment control plan at the construction site.
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 City Building Inspector may extend the period one or more times for up to an additional 180 days. The City Building Inspector may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
Maintenance of BMPs. 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.
The fees referred to in other sections of this chapter shall be established by the Common Council and may from time to time be modified by resolution. A schedule of the fees shall be available for review in the Municipal Building.
The City Engineer, Building Inspector or other designated City officials shall inspect all major land disturbing activities in order to ensure compliance with the control plan and permit.
In the case of minor land disturbing activities, the Building Inspector shall inspect sites in order to ensure compliance with the control plan and permit.
If the land disturbing or land development activities are being carried out without a valid permit, i.e., unauthorized, City inspection officials may enter the land in question pursuant to the special inspection warrant provisions of § 66.0119, Wis. Stats.
Violations. No land development or land disturbing activities within the scope of this chapter may occur without full compliance with the provisions of this chapter. Any person who violates or fails to comply with any provision of this chapter is subject to the enforcement and penalty provisions contained herein.
Enforcement. This chapter shall be enforced consistent with the policies and purpose underlying its adoption. The following enforcement actions, or any combination thereof, may be taken in case of a violation of this chapter:
A stop-work order may be issued by the City Engineer, Building Inspector, or their designee, after an inspection, if:
Stop-work orders may be retracted when compliance with this chapter is obtained. The City Engineer, Common Council, Building Inspector or their designee has the authority to retract a stop-work order for major land disturbing activities; the Building Inspector, City Engineer and their designees may retract stop-work orders on minor land disturbing activities.
Revocation of permit. Where a stop-work order has been issued in order to obtain compliance with a control plan, the City may revoke the permit if the permittee does not cease the illegal activity or obtain compliance with the control plan or permit conditions within five days from issuance of the stop-work order.
City to perform work. Five days after posting a stop-work order, the City may issue a notice of intent to the permittee or landowner or land user of the City's intent to perform work necessary to comply with this chapter. Upon receipt of permission from the landowner or pursuant to a court order, the City Engineer and/or other designated City officials or agents, as determined by the Common Council, may go on the land and commence the work. The costs of the work performed by the City, plus interest, shall be billed to the permittee or the landowner or may be recovered out of any security deposit for such purpose. In the event that a permittee or landowner otherwise fails to pay the amount due, the City Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to § 66.0703, Wis. Stats.
Injunction and other judicial remedies. Compliance with the provisions of this chapter may also be obtained by the Common Council authorizing the City Attorney to commence appropriate action to enjoin violations, compel compliance, or pursue other appropriate judicial relief.
Private remedies preserved. These enforcement provisions are not intended in any way to restrict or limit the rights of private parties to pursue whatever private legal remedies they may have available as a result of any erosion, sediment or water runoff.
Penalties. Any person violating any provision of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Code. Each day a violation exists shall constitute a separate offense. Before commencing a forfeiture action, the City shall issue a written warning to the person believed to be violating this chapter, granting the person two business days in which to remedy the violation and avoid the commencement of a forfeiture action.
Appeal or variance requests.
By applicant or permittee. Any aggrieved applicant, permittee or land user may appeal any order, decision, determination or inaction of the City in administering or enforcing this chapter or may apply for a variance from the requirements of this chapter. Appeal or variance requests must be submitted in writing, state the grounds for the appeal or variance request, and be filed with the City Clerk-Treasurer. A filing fee as provided in § 200-9 must accompany the appeal or variance request. Publication and other associated costs will be in addition to this fee and paid by the applicant.
Appeal by citizens.
An appeal of any order, decision, determination or inaction of the City in administering or enforcing this chapter may be commenced upon the filing of a petition signed by 25 adult residents of the City and payment of the fee as provided in § 200-9 to cover the cost of the appeal.
The appeal must be filed with the City Clerk-Treasurer and shall state written grounds for the appeal. A copy of any citizen appeal shall be delivered or mailed to the applicant or permittee by the City Clerk-Treasurer within five business days of its filing with the City. The filing of a citizen appeal, by itself, does not prohibit the commencement or continuation of any work or activity.
Appeal deadline. Appeals by applicants, permittees or citizens must be filed within 45 days of the order, decision, determination or inaction being appealed.
Multiple appeals prohibited. Once an appeal has been filed on a matter, no other appeal on the same order, decision, determination or inaction will be allowed. The Zoning Board of Appeals shall consolidate appeals wherever possible to avoid a multiplicity of appeal proceedings and to hasten the final resolution of a matter. The Zoning Board of Appeals may allow additional parties to join a pending appeal where appropriate and where such addition will not delay the proceedings.
Authority to grant variances. The Zoning Board of Appeals shall decide all variance requests in accordance with the provisions of this Code. The Zoning Board of Appeals shall only grant such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter is impracticable or otherwise unreasonable or demonstrated to be unnecessary. Such variances may be granted only when the Zoning Board of Appeals has been presented with satisfactory proof that the variance will achieve compliance results comparable to those set forth in this chapter.
Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by City officials in administering this chapter. The Zoning Board of Appeals shall use the rules, procedures, duties and powers authorized by City ordinance and statute for the Zoning Board of Appeals in hearing and deciding appeals and authorizing variances. The Zoning Board of Appeals shall hear and decide within 30 days of receipt of the written request and payment of the appeal fee, unless an extension is agreed upon by the appellant and the Zoning Board of Appeals. The procedures utilized by the Zoning Board of Appeals shall be as prescribed in Chapter 450, Zoning.
Enforcement not stayed. The filing of an appeal or variance does not preclude the City from commencing or continuing any of the enforcement actions set forth herein or a forfeiture proceeding set forth in this chapter, unless the Common Council specifically agrees to stay such enforcement.