Village of Footville, WI Erosion Control

This chapter is adopted under the authority granted by § 61.354, Wis. Stats. This chapter supersedes all conflicting and contradictory construction site erosion control regulations previously adopted by the Village of Footville under § 61.35, Wis. Stats.

The requirements of this chapter do not preempt more stringent construction site erosion control requirements that may be imposed by the Wisconsin Department of Natural Resources ("DNR").

The requirements of this chapter are not intended to limit any other lawful regulatory powers of the Village of Footville.

The Village of Footville Board designates the Village Engineer to administer and enforce the provisions of this chapter. The Village Board may review decisions of the Village Engineer upon written request by an applicant or permit holder delivered to the Village Clerk.

§ 127-3 Findings of fact.

The Footville Village Board finds that runoff from land-disturbing activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Footville. The Village Board also finds that sediment and other pollutants have a detrimental effect on water quality and downstream water uses and increases the potential for flooding of adjacent lands.

Recognizing the well-established relationship between erosion and sedimentation and the loss of water quality and the increased dangers of flooding, the Village Board finds that effective erosion control practices should be required. The Village Board also finds that construction site erosion and sediment control best management practices (BMPs) are commonly available and effective, and that the effectiveness of these BMPs depends upon proper planning and design, timely installation, and continuous maintenance.

§ 127-4 Purpose and intent.

Purpose. The general purpose of this chapter is to promote the health, safety, and general welfare of the people, preserve natural resources, and protect the quality of the waters of the state in the Village of Footville. Specific purposes are to:

(1)

Minimize the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing activities to the waters of the state, or adjacent property, to the extent practicable.

(2)

Foster consistent, statewide application of the nonagricultural performance standards developed by the DNR in Subchapters III and IV of chapter NR 151, Wisconsin Administrative Code ("Wis. Adm. Code").

(3)

Assist the Village of Footville in becoming an "Authorized Local Program" pursuant to Chapter NR 216, Wis. Adm. Code.

Intent. The intent of this chapter is to require, through the use of a permit, BMPs to reduce the amount of sediment and other pollutants leaving sites of land-disturbing activities. It is intended that permit holders be able to choose the most cost-effective BMPs meeting the performance standards required under this chapter. This chapter is not intended to limit activity or land division permitted under the applicable zoning and land division ordinances.

§ 127-5 Jurisdiction, applicability and waivers.

Jurisdiction. The provisions of this chapter shall apply to land-disturbing construction activity sites within the boundaries and jurisdiction of the Village of Footville, as well as lands located within the extraterritorial plat approval jurisdiction of the Village of Footville, even if plat approval is not involved.

Applicability.

(1)

This chapter applies to the following land-disturbing activities:

(a)

Grading, removal of protective ground cover or vegetation, excavation, land filling, or other land-disturbing activity where:

[1]

The cumulative area affected exceeds a surface area of 1,000 square feet on a slope of 12% or greater; or

[2]

Where the cumulative area affected exceeds a surface area of 4,000 square feet or more. This includes any activity directly affecting a cumulative surface area less than 4,000 square feet that is part of a larger construction site that in total disturbs more than 4,000 square feet.

(b)

Grading, excavation or filling, or any combination thereof, affecting 400 cubic yards or more of soil, sand, or other excavation or fill material;

(c)

Laying, boring, repairing, replacing, or enlarging underground pipe, cable, or wire for a distance of 300 feet or more;

(d)

Disturbing 100 feet or more of road ditch, grass waterway, or other land area where surface drainage flows in a defined open channel;

(e)

Constructing new public or private roads, access roads, or driveways, or portions thereof, exceeding 100 feet in length;

(f)

Land-disturbing activities relating to land divisions, including subdivision plats, certified survey maps, and condominium plats requiring public or quasi-public improvements;

(g)

Land-disturbing activities, on a site of any size, that have been observed to cause, or have been determined likely to result in, undue channel erosion, increased water pollution by scouring or the transportation of particulate matter, or endangerment of property or public safety.

(2)

Exemptions.

(a)

This chapter does not apply to the following:

[1]

Agricultural activities, to include land-disturbing activities directly involved with the planting, growing and harvesting of any plant grown for human or animal consumption and pasturing or yarding of livestock;

[2]

Silviculture activities, to include land-disturbing activities directly relating to nursery operations and sod farms;

[3]

Routine maintenance for project sites under one acre of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility;

[4]

Land-disturbing activities conducted, or contracted 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.;

[5]

Land-disturbing activity that includes the construction of a building and is regulated by the Wisconsin Department of Safety and Professional Services under Chs. SPS 321 and SPS 360, Wis. Adm. Code;

[6]

A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollution discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity;

[7]

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

(b)

Any project that is designed and/or certified by the Agency or the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture as part of a soil conservation or water pollution control project shall comply with all of the requirements of this chapter, but shall be exempted from obtaining a permit, providing a financial guarantee, or paying fees under § 127-9.

(c)

Any land-disturbing activity that is conducted by or for the Village of Footville shall comply with all of the requirements of this chapter, including obtaining a permit and submitting an erosion and sediment control plan, but shall be exempted from providing a financial guarantee, or paying fees under § 127-9.

[1]

At the discretion of the Agency, any land-disturbing activity that is conducted by or for the Village of Footville, may be administered by a qualified employee or agent of the Village department undertaking the land-disturbing activity.

Waivers.

(1)

The Agency may waive any or all of the requirements of this chapter if the Agency determines that:

(a)

A requirement is not necessary for a particular site to ensure compliance with performance standards set forth in § 127-7 of this chapter; or

(b)

The site land-disturbing activities will have no appreciable off-site impact.

(2)

The Technical Review Committee shall be responsible for making recommendations to the Agency concerning all waiver applications.

§ 127-6 Technical standards.

All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications identified, developed or disseminated by the DNR under Subchapter V of Chapter NR 151, Wis. Adm. Code.

Where technical standards have not been identified or developed by the DNR, other technical standards may be used provided that the methods have been approved by the Agency.

§ 127-7 Performance standards.

Erosion and other pollutant control requirements.

(1)

All persons who conduct land-disturbing activities under § 127-5 of this chapter shall design, install, apply and maintain erosion control BMPs, in accordance with a permitted erosion and sediment control plan designed to limit sediments and other pollutants from entering waters of the state, stormwater systems, or adjacent property.

(2)

BMPs shall, by design, reduce pollutants from the construction site to the maximum extent practicable by use of methods including, but not limited to, the following:

(a)

Prevent gully and bank erosion.

(b)

Achieve 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. The Agency may, upon written approval by the DNR, use a standard that is equivalent to an 80% reduction in sediment load. If BMPs cannot be designed to meet the standard in this Subsection A(2)(b), the plan shall include a written and site-specific explanation as to why the standard is not attainable and a statement that the sediment load shall be reduced to the maximum extent practicable.

(3)

Calculations used to comply with Subsection A(2)(b) shall be determined by a methodology selected by the Agency in consultation with the DNR.

(4)

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.

(5)

Sediment controls shall be implemented to do all of the following:

(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 de-watering;

(c)

Protect separate storm drain inlet structures from receiving sediment.

(6)

Only clean fill may be used for restoration conducted on any land-disturbing activity.

(7)

BMPs for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant's site, except where the site contains surface water or karst features.

Maintenance. The permit holder shall maintain all BMPs necessary to meet the requirements of this chapter until the site has achieved final site stabilization and a written BMP removal authorization has been received from the Agency.

Location. The BMPs used to comply with this section shall be located prior to runoff entering the waters of the state. While regional treatment facilities are appropriate for control of post-construction pollutants, they shall not be used for construction site sediment removal.

Alternate requirements.

(1)

The Agency may establish erosion and sediment control requirements more stringent than those set forth in this section if the LCD determines that an added level of protection is needed to protect sensitive resources.

(2)

The Technical Review Committee shall make recommendations to the Agency concerning any erosion and sediment control requirements more stringent than those set forth in this section.

§ 127-8 Permits and waivers.

Permit or waiver required. No responsible party may undertake a land-disturbing activity subject to this chapter without receiving a permit from the Agency, or a waiver as provided in § 127-5C, prior to beginning the proposed land-disturbing activity.

General permits for private utility work projects. A general permit may be issued for land-disturbing activities which are subject to this chapter under under § 127-5B(1)(a) through (g) conducted by or for utilities. The following conditions apply to general permits.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(1)

General permits will be issued to a utility for a one-year period.

(2)

An application for a general permit must include an erosion control plan or plans that includes the best management practices (BMPs) used on the land-disturbing activities conducted by the applicant.

(3)

All land-disturbing activities conducted under the general permit must meet the performance standards specified under § 127-7 of this chapter using technical standards under § 127-6.

(4)

General permit holders must notify the Agency two working days prior to any land-disturbing activities covered under the general permit. This notification must include the following information:

(a)

Location of the planned land-disturbing activity;

(b)

Purpose of the planned land-disturbing activity;

(c)

Approximate amount of disturbance;

(d)

Beginning and ending dates of the planned land-disturbing activity;

(e)

A sketch plan of the planned land-disturbing activity;

(f)

The names and phone numbers of the individuals responsible for BMP installation, maintenance, or reestablishment, if not the general permit holder.

(5)

The enforcement, penalties, appeals, and fee schedule provisions of this chapter shall apply to general permits.

Permit and waiver applications. Any responsible party desiring a permit or waiver shall submit an application to the Agency using a form provided by the Agency.

(1)

If the application is from a land user, the application must be signed by the landowner of the site where the land-disturbing activities are to take place. A notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent shall also be accepted, provided that it binds the landowner to the terms of this chapter and any permit issued to the permit holder, including the enforcement actions set forth in § 127-10.

(2)

Submission of an application by one of several landowners or land users of a particular site on behalf of the other owners or users shall constitute an affirmation by the applicant of authority to act on behalf of the other landowners or land users to apply for, receive, and abide by the provisions of a permit. The Village shall be under no obligation to ascertain the legal authority of the applicant to so act.

(3)

A permit application shall consist of a completed application form, including a waiver application for relief from any requirement deemed not necessary to ensure compliance with the intent of this chapter as provided for in § 127-5C(1); an erosion and sediment control plan, or simplified plan document as described in § 127-8D(2)(b); and a nonrefundable application review fee.

(4)

A waiver application, as provided for in § 127-5C(2), shall consist of a completed waiver application form, including complete documentation of the justification for the requested waiver, and a nonrefundable application review fee.

(5)

Each application shall contain an agreement by the applicant that:

(a)

Authorizes that Agency to enter the site to obtain information required for the review of the application; and that

(b)

Any land-disturbing activity shall be conducted in accordance with the provisions of an approved or amended permit.

Erosion and sediment control plans.

(1)

Plan Requirements For Class One Land Disturbing Activities.

(a)

Class One land-disturbing activities contain:

[1]

One or more acres (43,560 square feet) of disturbed area;

[2]

Four thousand square feet or more of disturbed area if any portion of that disturbed area contains slopes of 12% or greater;

(b)

The plan shall address pollution caused by soil erosion and sedimentation occurring during construction until such time as a written BMP removal authorization is received, as described in § 127-7B. The plan shall include, at minimum, the following items:

[1]

The name, address and phone number of the applicant;

[2]

The name, address and phone number of the principal contact person of any consulting firm retained by the applicant;

[3]

The name, address and phone number of the owner of the site;

[4]

The name, address and phone number of the developer of the site;

[5]

The start and end dates of land-disturbing activity;

[6]

The intended sequence of major land-disturbing activities at the site, including stripping, rough grading, construction of utilities, infrastructure, and buildings. Sequencing shall identify the expected date on which clearing will begin; areas of clearing; the estimated duration of exposure of cleared areas; installation of temporary erosion and sediment control measures; and establishment of permanent vegetation;

[7]

Estimates of the total area of the site and the total area of the portion of the site on which land-disturbing activities are expected to take place;

[8]

Calculations showing compliance with the soil loss standards of § 127-7A(2)(b).

[9]

Existing data describing the surface soils and subsoil;

[10]

Depth to groundwater, as indicated by NRCS soil information, where available;

[11]

Name of the immediate receiving point of discharge identified on a United States Geological Service topographical map.

(c)

The plan shall include a site map. The site map shall be at a scale of either one inch equals 50 feet or one inch equals 100 feet, whichever is appropriate to the site size and at a contour interval not exceeding two feet in areas with less than 20% slope. The site map shall include the following items:

[1]

Existing topography, vegetative cover, natural and engineering drainage systems, and roads;

[2]

All surface waters, including lakes, rivers, streams, wetlands, channels, ditches, and other watercourses on, or immediately adjacent to, the site;

[3]

Floodways and one-hundred-year floodplains;

[4]

Boundaries of the construction site;

[5]

Drainage patterns and approximate slopes anticipated after major grading activities;

[6]

Areas of soil disturbance;

[7]

Location and labels of all structural and non-structural BMPs identified in the plan;

[8]

Areas that will be vegetated following construction.

(d)

Each plan shall include a description of interim and permanent BMPs that will be implemented at the site to prevent pollutants from reaching waters of the state or adjacent property. The plan shall clearly describe the appropriate control measure(s) for each major activity that will occur during the land-disturbing activity and the sequence of such major activities, including the time during which each will occur. The BMPs shall meet, when appropriate, the following minimum requirements:

[1]

Preservation of existing vegetation where possible;

[2]

Stabilization of the disturbed portions of the site;

[3]

Diversion of flow away from exposed soils;

[4]

Limitation of runoff and discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Agency, structural BMPs shall be installed on upland soils.

[5]

Management of sheet flow runoff at all sites, unless otherwise controlled by outfall controls;

[6]

Trapping of sediment in channelized flow;

[7]

Staging construction to limit bare areas subject to erosion;

[8]

Protection of down slope drainage inlets;

[9]

Minimization of tracking at all sites;

[10]

Clean up of off-site sediment deposits;

[11]

Proper disposal of building and waste materials at all sites;

[12]

Stabilization of drainage ways;

[13]

Control of soil erosion from soil stockpiles;

[14]

Installation of permanent stabilization BMPs immediately after final grading;

[15]

Reduction of dust to the maximum extent practicable.

(e)

Velocity dissipation devices shall 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 natural physical and biological characteristics and functions are maintained and protected.

(2)

Plan requirements for Class II land-disturbing activity.

(a)

Class II land-disturbing activities contain less than one acre (43,560 square feet) of disturbed area with no portion of that disturbed area containing slopes of 12% or greater.

(b)

For Class II sites, the applicant may prepare a simplified plan document as part of a permit application. Using an application form provided by the Agency, the simplified plan must contain a site description, a simplified map, a description of the BMPs, and a schedule of implementation. Applicants for a permit for Class II sites are not required to provide financial assurance as described in Subsection J of this section. The submission of a simplified plan document does not relieve the permit holder from achieving the performance standards found in § 127-7.

Evaluation of applications. Within 10 working days of receipt, the Agency shall review applications to insure they are complete. Any application found to be incomplete shall be returned to the applicant for completion. Upon receiving a complete application, the Agency shall use the following procedure:

(1)

Completed applications will be evaluated for compliance with the requirements of this chapter. Other governmental departments or the Technical Review Committee may be consulted during application evaluation.

(2)

Additional substantive information may be requested from the applicant to better evaluate the application.

(3)

Within 20 working days from the receipt of a complete permit application, or 20 working days from the receipt of additional information requested in accordance with Subsection E(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. The Agency shall base the decision on the requirements of this chapter.

(4)

Within 20 working days from the receipt of a complete waiver application, or 10 working days from the receipt of additional information requested in accordance with Subsection E(2), whichever is later, the applicant shall be informed whether the application has been approved or disapproved. In making its decision, the Agency shall consider the recommendations of the Technical Review Committee and shall base the decision upon the requirements of this chapter.

(5)

Failure to inform an applicant of a decision within the applicable time specified in Subsection E(3) or (4), unless extended by mutual agreement, shall constitute approval of the application. If the application was for a permit, the applicant may then proceed in accordance with the provisions of the submitted plan, including any waivers requested in accordance with § 127-5C(1). If the application was for a waiver under § 127-5C(1), the waiver shall be deemed granted.

(6)

If the application is approved, the Agency shall issue the permit or waiver.

(7)

An application for a permit may be approved with conditions determined by the Agency to be necessary in order to meet the requirements of this chapter.

(8)

If the application is disapproved, the Agency shall notify the applicant by first-class mail and provide a written statement of the reasons for disapproval.

(9)

If the application is disapproved, or if the applicant does not agree with the permit conditions, the applicant may request a review by the Technical Review Committee. This request must be made in writing within 33 calendar days from the date of mailing to the applicant of the Agency's decision. The schedule and procedure for a waiver described in Subsection E(4) above will be followed for this review.

Permit modifications at the permit holder's request. A permit holder may apply to the Agency for a modification of an approved plan which may be granted or refused by the Agency. In considering a request for modification of an approved plan, the Agency shall observe the timetable applicable to applications for original permits described in Subsection E(3) above. Plans, or portions thereof, drawn by a certified erosion control planner, professional engineer, surveyor, or landscape architect, must be amended to show that the author has approved the proposed modifications. These modifications must be shown as amendments on the copy of the plan kept by the permit holder. The first permit modification request shall be at no charge. Subsequent requests for modifications shall be subjected to a plan modification fee prescribed in § 127-9.

Permit modifications at the agency's request. If the BMPs implemented as part of the approved plan are determined by the Agency to be inadequate to meet the performance standards of this chapter, the Agency shall notify the permit holder and direct the permit holder to submit an application for a permit modification incorporating revised BMPs which will meet the performance standards. Upon approval of the proposed permit modification, the permit holder shall implement the revised BMPs according to a timetable established in the modified permit and plan.

Permit conditions. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. Compliance with an approved permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state and local laws and regulations. All permits shall require the permit holder to:

(1)

Install and maintain all BMPs as identified in the approved plan;

(2)

Notify the Agency within two working days prior to commencing any land-disturbing activity. This notification is not necessary for minor land disturbances undertaken to prepare for site development. Examples of minor disturbances are: survey work, perc tests, well borings, installation of tracking pads, or the installation of temporary electrical service;

(3)

Establish a site erosion control log to document the installation and maintenance of BMPs required by the plan. This log will not be required for a Class II land-disturbing activity as provided for under § 127-8D(2) of this chapter;

(4)

Provide the Agency with access to the log and a copy of the plan, including approved amendments, for its use during site visits;

(5)

Notify the Agency within five working days of the completion of the installation of all BMPs required by the plan;

(6)

Inspect BMPs at least once each week and after each rain event of 0.5 inch or more, make needed repairs, and document the findings of the inspections in the site log along with the date of inspection and the name of the person conducting the inspection;

(7)

Document and repair, with the permission of the property owner, any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land-disturbing activities. In lieu of repair, the permit holder may pay a financial consideration to the owner of the affected property;

(8)

Allow the Agency to enter the site for the purposes of inspecting for compliance with the plan;

(9)

Allow the Agency or its designee to enter the site for the purposes of performing any work necessary to bring the site into compliance with the plan, as provided in § 127-10 of this chapter;

(10)

Complete all seeding or mulching called for in the plan by the next September 15. If either permanent or temporary soil stabilization by seeding or mulching is not accomplished by September 15, additional erosion control practices will be required. These practices may include additional mulching, application of erosion control matting, sodding, or application of polymer tackifiers. These additional practices will be prescribed by the Agency according to §§ 127-8F and 127-9.

Site visits.

(1)

If land-disturbing activities are being conducted without a permit required by this chapter, a representative of the Agency may enter the site, pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats., to obtain information necessary to undertake enforcement and penalties as provided by § 127-10 of this chapter.

(2)

The Agency shall conduct site visits to ensure compliance with the provisions of the permit. Also, the Agency shall conduct a site visit after notification that final site stabilization has been completed and prior to issuance of the BMP removal authorization.

(3)

Site visits will be conducted at no additional cost to the permit holder, unless as the result of the visit, the Agency determines that a remedial action included in a previously issued notice of noncompliance, as provided for in § 127-10 of this chapter, has not been accomplished as scheduled. The cost of the site visit will then be billed to the permit holder, according to the fee schedule provided for in § 127-9.

Financial guarantee. As a condition of approval and issuance of a permit, the Agency shall require the applicant to submit a financial guarantee, the form and type of which shall be acceptable to the Agency. This financial guarantee shall not be required in the case of a Class II activity, as defined in § 127-8D(2). The financial guarantee shall be in an amount determined by the Agency to be adequate to ensure payment of the estimated cost of implementing the plan. The financial guarantee shall give the Agency authorization to use the funds to complete the plan if the permit holder defaults, or does not properly implement the required BMPs in accordance with the approved plan. The Agency shall notify the permit holder in writing as provided for in § 127-10 of this chapter.

Permit duration. Permits issued under this chapter shall be valid for a maximum of one year.

(1)

The Agency may extend the initial permit duration for a maximum of six months, if the site construction schedule warrants a longer permit duration. A request for an extension must be submitted with the initial permit application. The permit holder may request that the duration of an existing permit be extended. The Agency may extend the permit duration for a maximum of six months due to unforeseen circumstances.

(2)

A permit holder may request that its permit be reissued. All conditions of a new permit set forth in this chapter are applicable to the reissued permit.

(3)

In all cases, the final site stabilization notification letter from the Agency will terminate the permit.

(4)

The permit holder agrees to pay additional fees specified in the schedule set forth in § 127-9 for all granted extensions and reissued permits.

§ 127-9 Fee schedule.

The Village Board, as part of the annual budget, shall determine the fees specified in this chapter. The Agency, as part of the annual budget, shall recommend the amounts of such fees. After the Village Board has adopted its annual budget, the Agency shall prepare a separate, revised schedule for all fees provided for in this chapter. The revised fee schedule shall apply as of January 1 of any given year.

Fees paid under this section shall equal as closely as possible the Agency costs of administrating the provisions of this chapter, including applicant consultations, application evaluation and approval, permit holder consultations and site inspections.

All fees shall be doubled if work is started before a permit is applied for and issued. Such doubled fees shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

The Agency may waive all fees, or portions thereof, associated with application for permits for land-disturbing activities associated with site remediation, the stabilization of conditions caused by nature, conditions caused by activities not within the control of the current landowner, or the establishment of Agency designed projects.

§ 127-10 Enforcement; violations and penalties.

Any land-disturbing activities initiated after the effective date of this chapter by any person, corporation or other entity subject to the provisions of this chapter shall be deemed a violation unless conducted in compliance with the requirements of this chapter.

Every violation of this chapter is a public nuisance. Compliance with this chapter may be enforced by injunctional order at the suit of the Village of Footville. It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.

The Agency shall notify the permit holder by certified mail of any noncomplying land-disturbing activity. The notice shall describe the nature of the violation, remedial actions required, a schedule for remedial action, and any additional enforcement action that may be taken. Noncomplying activities include, but are not limited to:

(1)

Any land-disturbing activity regulated under this chapter being undertaken without a permit or waiver;

(2)

An approved plan not being implemented;

(3)

Failure to comply with the conditions of a permit.

Upon receipt of written notification from the Agency under Subsection C(1) the permit holder shall carry out the remedial actions described in the notice.

Upon receipt of written notification from the LCD under Subsection C(2) or (3), the permit holder shall correct work that does not comply with the plan or other provisions of the permit as necessary to meet the specifications and schedule set forth in the notice.

If a permit holder does not comply with the provisions of a notice of noncompliance, the Agency may revoke the permit.

If noncompliance with this chapter is determined by the Agency as likely to result in damage to adjacent property, public facilities, or waters of the state, the Agency may post a stop-work order at or after the time of notification.

If the permit holder does not comply with the provisions of a notice of noncompliance, or violates a stop-work order posed under Subsection G, Agency may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.

Any permit revocation, stop-work order, or cease-and-desist order shall remain in effect until vacated by the Agency or by a court with jurisdiction.

If noncompliance with this chapter is determined by the Agency as likely to result in damage to adjacent property, public facilities, or waters of the state, the Agency may issue to the permit holder or landowner a notice of intent to perform specific work necessary to comply with the requirements of an approved plan, or to protect property, public facilities, or waters of the state.

After five working days have elapsed following the issuing the notice of intent, the Agency may enter upon the land and perform work, or other operations necessary to bring the condition of said lands into compliance with an approved plan, or to protect adjacent property, public facilities, or waters of the state.

(1)

The Agency shall keep a detailed account of the costs and expenses of performing this work. These costs, plus legal and staff costs incurred by the Village, shall be billed to the owner of the property.

(2)

In the event a permit holder or landowner fails to pay the amount due, the amount shall be deducted from any financial guarantee posted pursuant to § 127-8J of this chapter. Where such a financial guarantee has not been provided, or is insufficient to cover these costs and expenses, the amount shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon pursuant to Subchapter VI or VII of Chapter 66, Wis. Stats., for the year in which the work is completed.

Upon the receipt of assurances deemed sufficient by the Agency, the permit holder may be authorized by the Agency to resume responsibility for the BMPs undertaken under Subsection K.

Any person, corporation or other entity who removes, destroys, repositions, or otherwise renders any BMP installed under an approved plan ineffective, unless acting in a manner consistent with that plan, shall be in violation of this chapter.

Any person, corporation or other entity violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $500, nor more than $5,000, and the costs of prosecution, including staff time, per offense. Each day a violation exists shall constitute a separate offense.

§ 127-11 Appeals.

Board of Appeals. The Board of Appeals of the Village of Footville, created pursuant to Chapter 370, Zoning, of the Code of the Village of Footville, functioning in accordance with § 62.23(7)(e), Wis. Stats.:

(1)

Shall hear and decide appeals where it is alleged that there is an error in any order, decision, or determination made by the Agency in administering this chapter, except for cease-and-desist orders obtained under § 127-10H;

(2)

Shall act pursuant to the rules, procedures, duties, and powers authorized by statute, in hearing and deciding appeals and authorizing variances; and

(3)

Upon appeal, may authorize variances from the provisions of this chapter that 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.

Who may appeal. Any applicant, permittee, or landowner may appeal within 30 calendar days of the date of any order, decision, or determination made by the Agency in administering this chapter, affecting a site in which such person has an interest.

§ 127-12 Severability.

If a court of competent jurisdiction determines any section, clause, provision, or portion of this chapter to be unconstitutional or invalid, the remainder of the chapter shall remain in force and unaffected.

§ 127-13 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGENCY

The Village Engineer or such designee of the Village Engineer as may be authorized by the Village Board.

AGRICULTURAL ACTIVITY

Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint, and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; and vegetable raising.

APPLICANT

The responsible party of a site subject to this chapter.

APPLICATION REVIEW FEE

Money paid to the County by the permit applicant for recouping the expenses incurred by it in administering the provisions of this chapter.

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 the amounts of sediment or pollutants carried in runoff to waters of the state.

CEASE-AND-DESIST ORDER

A court-issued order to halt land disturbing construction activity that is being conducted without the required permit, or in violation of the terms of a permit.

CHANNEL

Any natural or artificial watercourse constructed, developed, and utilized for the drainage of surface waters.

CLEAN FILL

Uncontaminated soil, brick, building stone, concrete, reinforced concrete, or broken pavement.

CONSTRUCTION SITE

An area upon which one or more land-disturbing activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing activities may be taking place at different times on different schedules but under one plan.

DEVELOPMENT

Residential, commercial, industrial, or institutional land uses and associated roads.

DISTURBED

A site which, due to development or land-disturbing activities, has experienced or will experience disturbance or destruction of the existing land surface and/or vegetative cover.

DIVISION OF LAND

The division of an existing lot or land parcel; the creation of a condominium unit; division of an interest in real property (including land for a public facility) by the owner thereof for the purpose of sale or building development.

DNR

The Wisconsin Department of Natural Resources.

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 or PLAN

A Comprehensive Plan developed to control pollution caused by soil erosion and sedimentation of soil particles or rock fragments during construction.

FACILITIES DEVELOPMENT MANUAL

The most recent edition of the Facilities Development Manual published by the Wisconsin Department of Transportation.

FINAL SITE STABILIZATION

A condition where 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 that involves equivalent permanent stabilization measures.

FINANCIAL GUARANTEE

A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee submitted to the Village of Footville by a permit holder to assure that the measures required by this chapter are carried out in compliance with an erosion and sediment control plan.

GULLY EROSION

A severe loss of soil caused by concentrated flow of sufficient velocity to create a defined flow channel.

KARST FEATURE

An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit for groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

LAND-DISTURBING ACTIVITY

Any man-made alternation of the land surface resulting in a change in the topography or existing vegetative and nonvegetative soil cover, or the existing soil topography, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing activity includes, but is not limited to, clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, but does not include agricultural land use or silviculture activities.

LAND USER

Any person operating upon, leasing, or renting land, or having made any other arrangements with the landowner by which the person engages in uses of land that are subject to this chapter.

LANDOWNER

Person holding title to or having an interest in a parcel of land that includes a site subject to this chapter.

MAXIMUM EXTENT PRACTICABLE

A level of implementing BMPs in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. "Maximum extent practicable" allows flexibility in the means used to meet the performance standards and may vary based on the performance standard and site conditions.

NRCS

The Natural Resources Conservation Service, a division of the United States Department of Agriculture.

OFF-SITE

Located outside the property boundary described in a permit application for land-disturbing activity.

PERFORMANCE STANDARD

A narrative or measurable quantity specifying the minimum acceptable outcome for a facility or practice.

PERMIT

A written authorization issued by the Agency to an applicant for the conduct of land disturbing construction activity or the discharge of post-construction runoff to waters of the state.

PERVIOUS SURFACE

An area that releases as runoff a small portion of the rainfall that falls upon it. Lawns, gardens, parks, forests, or other similar vegetated areas are examples of surfaces that typically are pervious.

PLAN

See "Erosion and Sediment Control Plan" (above).

PLANNING AND DEVELOPMENT COMMITTEE

To the extent used in this chapter, the Village Board of the Village of Footville.

POLLUTANT

Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION

Has the meaning given in § 281.01(10), Wis. Stats.

QUASI-PUBLIC

Essentially public, as in services rendered, although under private ownership or control.

R FACTOR

A numeric value used in erosion modeling to account for the total precipitation, intensity and duration patterns of precipitation events.

RESPONSIBLE PARTY

Any person or 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:

Is designed or used for collecting water or conveying runoff;

Is not part of a combined sewer system;

Is not draining to a stormwater treatment device or system;

Discharges directly or indirectly to waters of the state.

SHEET AND RILL EROSION

A loss of soil caused by sheet flow or shallow concentrated flow, and characterized by an absence of channeling, a relatively uniform loss across the exposed layer of the soil, or shallow irregular scouring of the soil subsurface.

SHEET FLOW RUNOFF

Water, usually storm runoff, flowing in a thin layer over the ground surface; also called overland flow.

SHORELAND OVERLAY DISTRICT

An area within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages, or within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward of the floodplain, whichever distance is greater.

SITE

The entire area included in the legal description of the land described in a permit application on which land disturbing construction activity is proposed to take place or has occurred.

SITE INSPECTION

An in-person observation of the site by the Agency to determine compliance with this chapter.

STABILIZED

A condition in which all disturbed ground, soil or soil storage piles have been contained on site by filter barriers, fences, straw bales, or other BMPs.

STOP-WORK ORDER

An order issued by the Agency that requires that all construction activity on the site be stopped.

TECHNICAL REVIEW COMMITTEE

One or more individuals, as may be selected by the Village Engineer, to advise and assist the engineer in performing his/her duties as provided for in this chapter.

TECHNICAL STANDARD

A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TRACKING PAD

A temporary graveled access located at points of vehicular ingress and egress to or from a construction site designed to retain sediment on-site.

WATERS OF THE STATE

All lakes, bays, rivers, streams, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private within Wisconsin, or its jurisdiction.

WISCONSIN STORMWATER MANUAL

The Wisconsin Stormwater Manual published by the DNR.

WORKING DAY

Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any such day officially observed by the Village as a legal holiday.