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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton 3-21-2016 by Ord. No. 004-2016. Amendments noted where applicable.]
A. 
This chapter is adopted under the authority granted by § 61.354, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion control. 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 Director of Public Works/Village Engineer to administer and enforce the provisions of this chapter.
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 Grafton.
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 waters of the state in the Village of Grafton.
A. 
Applicability. This chapter applies to construction of sanitary sewer and water mains and erosion control for planned unit developments, subdivisions, and other land-disturbing construction activities except as provided under Subsection A.1.
1. 
This chapter does not apply to the following:
a. 
Land-disturbing construction activity that includes the construction of a building and is otherwise regulated by the Wisconsin Department of Safety and Professional Services in Chs. SPS 321 to 325 or 361 to 366, Wis. Adm. Code.
b. 
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development, such as local roads within a residential or industrial development.
Note to permittees: Transportation facility projects directed and supervised by Wisconsin Department of Transportation are not subject to this chapter. Notwithstanding this chapter, a municipality is required to comply with the construction site transportation facility performance standards in subch. IV of Ch. NR 151, Wis. Adm. Code, for its own transportation-related projects.
c. 
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 Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
d. 
Nonpoint discharges from agricultural facilities and practices.
e. 
Nonpoint discharges from silviculture activities.
f. 
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.
2. 
Notwithstanding the applicability requirements in Subsection A.1, this chapter applies to construction sites of any size that, in the opinion of the Director of Public Works/Village 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.
B. 
Jurisdiction. This chapter applies to land-disturbing construction activity on construction sites located within the boundaries and jurisdiction of the Village of Grafton.
C. 
Exclusions. 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 district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village Board to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning in § 281.16(1), Wis. Stats.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is considered typical.
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.
BUSINESS DAY
A day that the office of the Village of Grafton 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.
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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of five or more parcels or building sites of 1 1/2 or fewer acres each in area 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.
EXTRATERRITORIAL
The unincorporated area within 1 1/2 miles of the corporate limits of the Village of Grafton.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
FINAL STABILIZATION
That all land-disturbing construction activities at the construction site have been completed and that 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 that employ equivalent permanent stabilization measures.
GOVERNING BODY
Village Board of Trustees.
LAND-DISTURBING CONSTRUCTION ACTIVITY
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 waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE or MEP
A level of implementing best management practices in order to achieve a performance standard specified in this chapter, which takes into account the best available technology, cost-effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Village Board to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to 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.
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 solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
A. 
Is designed or used for collecting water or conveying runoff.
B. 
Is not part of a combined sewer system.
C. 
Is not draining to a stormwater treatment device or system.
D. 
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
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 Director of Public Works/Village Engineer, which requires that all construction activity on the site be stopped.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes, such as harbor improvements under § 85.095 (1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
WATERS OF THE STATE
Has the meaning given in § 281.01(18), Wis. Stats.
"Maximum extent practicable" applies when a person who is subject to a performance standard of this chapter demonstrates to the Village of Grafton'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 responsible party 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.
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. 
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Publication WR-222, November 1993 Revision.
2. 
Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under subch. 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 Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
Note to permittees: The USLE and its successors RUSLE and RUSLE2 utilize 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.
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 Director of Public Works/Village Engineer.
A. 
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 23.04.090, that incorporates the requirements of this section.
B. 
Plan. A written plan shall be developed in accordance with § 23.04.090 and implemented for each construction site.
C. 
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
1. 
BMPs that, by design, achieve to the maximum extent practicable discharge of no more than five tons per acre per year 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. No person shall be required to exceed the requirements of this subsection. 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.
2. 
Notwithstanding Subsection C.1, if BMPs cannot be designed and implemented to meet the sediment performance standard, on an average annual basis, the plan shall include a written and site-specific explanation as to why the sediment performance standard is not attainable, and the sediment load shall be reduced to the maximum extent practicable.
3. 
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
a. 
Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
b. 
Prevent the discharge of sediment as part of site dewatering.
c. 
Protect the separate storm drain inlet structure from receiving sediment.
d. 
The discharge of sediment from disturbed areas into adjacent waters of the state.
e. 
The discharge of sediment from drainageways that flow off the site.
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 transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site 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 subdivision.
i. 
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
4. 
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 paragraph.
D. 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
1. 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
2. 
Minimization of soil compaction and preservation of topsoil.
3. 
Minimization of land-disturbing construction activity on slopes of 20% or more.
4. 
Development of spill prevention and response procedures.
E. 
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
F. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
1. 
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 23.04.090.
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. 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
G. 
Alternate requirements. The Director of Public Works/Village Engineer may establish stormwater management requirements more stringent than those set forth in this section if the Director of Public Works/Village Engineer determines that an added level of protection is needed for sensitive resources.
A. 
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of a developer's agreement, erosion and sediment control plan for the site and a permit from the Director of Public Works/Village Engineer.
B. 
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 § 23.04.090, an approved developer's agreement and shall pay an application fee to the Village of Grafton. By submitting an application, the applicant is authorizing the Director of Public Works/Village Engineer to enter the site to obtain information required for the review of the erosion and sediment control plan.
1. 
Subdivision development: $300 plus $5/lot.
2. 
Planned unit development: $300 plus $5/acre.
3. 
Other: $30.
C. 
Review and approval of permit application. The Director of Public Works/Village Engineer shall review any permit application that is submitted with an erosion and sediment control plan, the required fee, and after the developer's agreement is approved by the Village Board. The following approval procedure shall be used:
1. 
Within 10 business days of the receipt of a complete permit application, as required by Subsection B, the Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer shall issue the permit.
3. 
If the permit application or plan is disapproved, the Director of Public Works/Village Engineer shall state in writing the reasons for disapproval.
4. 
The Director of Public Works/Village Engineer may request additional information from the applicant. If additional information is submitted, the Director of Public Works/Village Engineer shall have 10 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 Director of Public Works/Village Engineer to inform the permit applicant of a decision within 15 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 Director of Public Works/Village Engineer 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.
E. 
Permit requirements. All permits shall require the responsible party to:
1. 
Notify the Director of Public Works/Village Engineer within 48 hours of commencing any land-disturbing construction activity.
2. 
Notify the Director of Public Works/Village Engineer of completion of any BMPs within 14 days after their installation.
3. 
Obtain permission in writing from the Director of Public Works/Village Engineer prior to any modification, pursuant to § 23.01.080D.5, of the erosion and sediment control plan.
4. 
Install all BMPs as identified in the approved erosion and sediment control plan.
5. 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
6. 
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.
7. 
Inspect the BMPs within 24 hours after each rain of 0.5 inches 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.
8. 
Allow the Director of Public Works/Village 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.
F. 
Permit conditions. Permits issued under this section may include conditions established by the Director of Public Works/Village Engineer in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 23.04.070.
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 Director of Public Works/Village Engineer may extend the period one or more times for up to an additional 180 days. The Director of Public Works/Village Engineer 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. 
Erosion and sediment control plan.
1. 
An erosion and sediment control plan shall be prepared and submitted to the Director of Public Works/Village Engineer.
2. 
The erosion and sediment control plan shall be designed to meet the performance standards in § 23.04.070 and other requirements of this chapter.
3. 
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:
a. 
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.
b. 
Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5-series topographic map.
c. 
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.
d. 
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
e. 
Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.
f. 
Calculations to show the expected sediment load in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.
g. 
Existing data describing the surface soil as well as subsoils.
h. 
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
i. 
Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.
4. 
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.
a. 
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.
b. 
Boundaries of the construction site.
c. 
Drainage patterns and approximate slopes anticipated after major grading activities.
d. 
Areas of soil disturbance.
e. 
Location of major structural and nonstructural controls identified in the plan.
f. 
Location of areas where stabilization practices will be employed.
g. 
Areas which will be vegetated following construction.
h. 
Area extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.
i. 
Locations of all surface waters and wetlands within one mile of the construction site.
j. 
An alphanumeric or equivalent grid overlying the entire construction site map.
k. 
Areas(s) used for infiltration of post-construction stormwater runoff.
5. 
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:
a. 
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.
b. 
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 Director of Public Works/Village Engineer, structural measures shall be installed on upland soils.
c. 
Management of overland flow at all sites, unless otherwise controlled by outfall controls.
d. 
Trapping of sediment in channelized flow.
e. 
Staging construction to limit bare areas subject to erosion.
f. 
Protection of downslope drainage inlets where they occur.
g. 
Minimization of tracking at all sites.
h. 
Cleanup of off-site sediment deposits.
i. 
Proper disposal of building and waste materials at all sites.
j. 
Stabilization of drainageways.
k. 
Control of soil erosion from dirt stockpiles.
l. 
Installation of permanent stabilization practices as soon as possible after final grading.
m. 
Minimization of dust to the maximum extent practicable.
6. 
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.
B. 
Erosion and sediment control plan statement. For each construction site identified under § 23.04.040A.2, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director of Public Works/Village 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 the ordinance, 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 Director of Public Works/Village Engineer notifies the applicant of changes needed in the plan.
A. 
Erosion control. Construction sites involving building construction where a building permit has been issued under Title 16, Buildings and Construction, shall comply with the following:
1. 
One- and two-family construction. On a site where a building permit has been issued under Title 16, Buildings and Construction, for the construction of a one- or two-family residence, compliance shall be as required in § SPS 321.125, Wis. Adm. Code, Erosion Control and Sediment Control, as adopted by reference; or
2. 
Building construction under Chs. SPS 361 and 362, Wis. Adm. Code. On a site where a building permit has been issued under Title 16 for the construction of a building or other structure, other than indicated in Subsection A.1, and which is governed by and constructed under Chs. SPS 361 and 362, compliance shall be as required in Chs. SPS 361 and 362, as adopted by reference.
Note to permit holder: Any building construction greater than one acre is not eligible to be regulated by § SPS 321.125 or Chs. SPS 361 and 362, Wis. Adm. Code. Construction sites greater than one acre are subject to the requirements of § 23.04.070.
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 Department of Public Works.
If land-disturbing construction activities are being carried out without a permit required by this chapter, the Director of Public Works/Village Engineer may enter the land pursuant to the provisions of s§ 66.0119(1), (2), and (3), Wis. Stats.
Note to permit holder: The Director of Public Works/Village Engineer will inspect any construction site that holds a permit under this chapter at least once a month during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan.
A. 
The Director of Public Works/Village Engineer may post a stop-work order if any of the following occurs:
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.
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 Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer or if a responsible party violates a stop-work order posted under Subsection A, the Director of Public Works/Village Engineer may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
D. 
The Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Director of Public Works/Village Engineer 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 Director of Public Works/Village Engineer, plus interest at the rate authorized by Village Board shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Village Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to subch. 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 $50 nor more than $500 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. 
Board of Appeals. The Board of Appeals created pursuant to § 19.08.0201 of the Village's Zoning Ordinance pursuant to § 61.354(4)(b), Wis. Stats.:
1. 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director of Public Works/Village Engineer in administering this chapter except for cease and desist orders obtained under § 23.04.130C.
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 the ordinance 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 Board of Appeals may be taken by any aggrieved person or by any office, department, board or bureau of the Village of Grafton affected by any decision of the Director of Public Works/Village Engineer.
If a court of competent jurisdiction judges any section, clause, provision or portion of this chapter unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.
This chapter shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the Village Board of the Village of Grafton on the 19th day of February, 2016.