[HISTORY: Adopted by the Village Board of the Village of
Grantsburg at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The intent of this chapter is to require erosion control best
management practices that will reduce the amount of sediment and other
pollutants leaving construction sites during land development or land
disturbing activities.
This chapter is adopted under the authority granted by § 61.354,
Wis. Stats.
A.
Findings. The Village Boards finds that runoff from construction
sites can carry a significant amount of sediment and other pollutants
to the waters and rights-of-way of the state and this Village.
B.
Purpose. It is the purpose of this chapter to preserve the natural
resources; to protect the quality of the waters of the state and the
Village; 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.
This chapter applies to land development and land disturbing
activities on lands within the boundaries and jurisdiction of the
Village of Grantsburg, with the exclusion of those lands on which
erosion control authority is superseded by the county or state.
As used in this chapter, the following terms shall have the
meanings indicated:
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
A practice or combination of practices to control erosion
and attendant pollution.
The most recent edition of the Department of Natural Resources
Wisconsin Construction Best Management Practices Handbook.
Employees or contractors of the Village of Grantsburg authorized
by the Village Board to implement provisions of this chapter.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A written description of the number, locations, sizes and
other pertinent information about best management practices designed
to meet the requirements of this chapter.
The construction or demolition of buildings, roads, utilities,
parking lots, paved storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetation 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 and harvesting
of trees.
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
Any person holding title to or having an interest in land.
The rainfall, snowmelt, dewatering or irrigation water flowing
over the ground surface.
The entire area included in the legal description of the
parcel or other land division on which the land development or land
disturbing activity is proposed in the permit application.
To make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, concrete, gravel or
other measure.
Employees or contractors of the Village of Grantsburg authorized
by the Village Board to implement provisions of this chapter.
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
A calendar day, except Saturdays, Sundays and Village-recognized
legal holidays.
All best management practices required to comply with this chapter
shall meet the design criteria, standards and specifications set forth
in the BMP Handbook or adopted by the Grantsburg Village Board.
All best management practices necessary to comply with the requirements
of this chapter shall be maintained by the applicant or subsequent
landowner during the period of land disturbance and development of
the site in a satisfactory manner to ensure adequate performance and
to prevent nuisance conditions. The standards for maintenance of best
management practices shall be as set forth in the BMP Handbook or
adopted by the Grantsburg Village Board.
A.
Applicability. This section applies to the following sites of land
development or land disturbing activities:
(1)
Those requiring a subdivision plat approval or the construction of
houses or commercial, industrial or institutional buildings on lots
of approved subdivision plots.
(2)
Those requiring a certified survey approval or the construction of
houses or commercial, industrial or institution buildings on lots
of approved certified surveys.
(3)
Those involving grading, removal of protective ground cover or vegetation,
demolition, excavation, landfilling or other land disturbing activity
affecting a surface area of 4,000 square feet or more.
(4)
Those involving excavation or filling or a combination of excavation
and filling affecting 400 cubic yards or more of dirt, sand or other
excavation or fill material.
(5)
Those involving street, highway, road or bridge construction, enlargement,
relocation or reconstruction.
(6)
Those involving the laying, repairing, replacing or enlarging of
an underground pipe or facility for a distance of 300 feet or more.
(7)
Those involving grading, removal of protective ground cover or vegetation,
excavation, demolition, landfilling or other land disturbing activity
on slopes of 12% or more.
B.
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection A:
(1)
Site dewatering. Water pumped from the site shall be treated by sediment
basins or other appropriate best management practices specified in
the BMP Handbook. Water may not be discharged in a manner that causes
erosion of the site, adjacent sites or receiving channels.
(2)
Waste and material disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials) shall be properly disposed of and not allowed
to be carried off site by runoff or wind.
(3)
Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment tracked
onto a public or private road shall be removed by street cleaning
before the end of each workday.
(4)
Drain inlet protection. All storm drain inlets shall be protected
with a straw bale, filter fabric or equivalent barrier as specified
in the BMP Handbook or alternately approved by the Building Inspector.
(5)
Sediment cleanup. All off-site sediment deposits occurring as a result
of a storm event shall be cleaned up by the end of the next workday.
All other off-site sediment deposits occurring as a result of construction
activities shall be cleaned up by the end of the workday.
(6)
Site erosion control. The following criteria [Subsection B(6)(a) through (e)] apply only to land development or land disturbing activities that result in runoff leaving the site:
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(6)(c)[3]. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 foot per second across the disturbed area for the ten-year, twenty-four-hour storm as defined in the BMP Handbook. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, Natural Resources Conservation Service guidelines shall be followed.
(b)
All activities on the site shall be conducted in a logical sequence
to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(6)(c)[1] and [2] or [1] and [3].
[1]
All disturbed ground left inactive for seven or more days shall
be stabilized by temporary or permanent seeding, temporary or permanent
seeding and mulching, sodding, covering with tarps or equivalent best
management practices. If temporary seeding is used, a permanent cover
shall be required as part of the final site stabilization. Seeding
or sodding shall be conducted as specified in the BMP Handbook. Variances
from the requirements of this subsection may be granted by the Grantsburg
Village Board upon application, but only if the failure to comply
is due to extended periods of rain or other construction delays beyond
the control of the responsible party.
[2]
For sites with 10 acres or more disturbed at one time, or if
a channel originates in the disturbed area, one or more sediment basins
shall be constructed. Each sediment basin shall be designed and constructed
as specified in the BMP Handbook.
[3]
For sites with less than 10 acres disturbed at one time, filter
fences, straw bales or equivalent best management practices shall
be placed along all sideslope and downslope sides of the site. If
a channel or area of concentrated runoff passes through the site,
filter fences shall be placed along the channel edges to reduce sediment
reaching the channel.
(d)
Sites with slopes of 12% or more may require additional or different controls than listed in Subsection B(6)(c) above. Requirements for such slopes shall be as specified by the Building Inspector or other person designated by the Village Board.
(e)
Wherever possible, soil or dirt storage piles shall be located
25 feet from any downslope road, lake, stream, wetland or drainage
channel. Straw bale or filter fabric fences shall be placed on the
downslope side of the piles. If remaining for more than 30 days, piles
shall be stabilized by mulching, vegetative cover, tarps or other
means. The Building Inspector, or other person designated by the Village
Board, may require additional or different best management practices
for piles located closer than 25 feet to a road, lake, stream, wetland
or drainage channel.
(f)
When the disturbed area has been stabilized by permanent vegetation
or other means, temporary best management practices such as filter
fabric fences, straw bales and sediment traps shall be removed.
No landowner or land user may commence a land development or
land disturbing activity subject to this chapter without receiving
prior approval of an erosion control plan for the site and a permit
from the Village. At least one landowner or land user controlling
or using the site and desiring to undertake a land development or
land disturbing activity subject to this chapter shall submit an application
for an erosion control permit and a control plan and pay an application
fee to the Village. By submitting an application, the applicant is
authorizing the Village Board or other agent authorized by the Village
to enter the site to obtain information required for the review of
the erosion control plan.
A.
Content of the erosion control plan for land development and land
disturbing activities covering one or more acres shall be as follows:
(1)
Existing site map. A map of existing site conditions on a scale of
at least one inch equals 100 feet showing the site and immediately
adjacent areas extending at least 200 feet in each direction, including:
(a)
Site boundaries and adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site.
(c)
One-hundred-year floodplains, flood-fringes and floodways.
(d)
Location of the predominant soil types.
(e)
Vegetative cover.
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site.
(g)
Size, slope and land cover of upslope drainage areas and direction
and destination of drainage flows.
(h)
Locations and dimensions of utilities, structures, roads, highways
and paving.
(i)
Site topography at a contour interval not to exceed five feet.
(j)
Name, address and daytime telephone number of the applicant
and the person responsible for maintenance of best management practices.
(2)
Plan of final site conditions. A plan of final site conditions on
the same scale as the existing site map showing the site changes.
(3)
Site construction plan. A site construction plan, including:
(a)
Locations and dimensions of all proposed land development and
land disturbing activities.
(b)
Locations and dimensions of all temporary soil or dirt stockpiles.
(c)
Locations and dimensions of all best management practices necessary
to meet the requirements of this chapter.
(d)
Schedule of anticipated starting and completion dates of each
land development or land disturbing activity, including the installation
of best management practices needed to meet the requirements of this
chapter.
(e)
Provisions for maintenance of best management practices during
construction.
(f)
Description of vegetation and other materials to be used to
stabilize the site, including a schedule for installation and maintenance.
B.
Content of erosion control plan statement for land development and
land disturbing activities covering less than one acre. An erosion
control plan statement (with simple map) shall be submitted to briefly
describe the following:
(1)
Property boundaries and area to be disturbed.
(2)
Direction of slopes before and after development.
(3)
Existing and proposed buildings and other improvements.
(4)
Size of upslope drainage areas.
(5)
Development schedule.
(6)
Best management practices necessary to meet the requirements of this
chapter.
(7)
Description of vegetation and other materials to be used to stabilize
the site, including a schedule for installation and maintenance.
(8)
Name, address and daytime telephone number of the applicant and the
person responsible for maintenance of best management practices.
C.
Review of erosion control plans.
(1)
Erosion control plans for sites of one or more acres of land development
or land disturbing activity. Within 30 working days of receipt of
the application, control plan and fee, the Building Inspector shall
review the application and control plan to determine if the requirements
of this chapter are met. The Building Inspector may request comments
from other agencies. If the requirements of this chapter are met,
the Building Inspector shall approve the plan, inform the applicant
and issue a permit. If the conditions are not met, the Building Inspector
shall inform the applicant, in writing, and may either require needed
information or disapprove the plan. Within 30 working days of receipt
of needed information, the Building Inspector shall again determine
if the plan meets the requirements of this chapter. If the plan is
disapproved, the Building Inspector shall inform the applicant, in
writing, of the reasons for disapproval.
(2)
Erosion control plans for sites of less than one acre of land development
or land disturbing activity. Within 10 working days of receipt of
the application, control plan statement and fee, the Building Inspector
shall review the application and control plan statement to determine
if the requirements of this chapter are met. The Building Inspector
may request comments from other staff or agencies. If the requirements
of this chapter are met, the Building Inspector shall approve the
plan, inform the applicant and issue a permit. If the conditions are
not met, the Building Inspector shall inform the applicant, in writing,
and may either require needed information or disapprove the plan.
Within 10 working days of receipt of needed information, the Building
Inspector shall again determine if the plan meets the requirements
of this chapter. If the plan is disapproved, the Building Inspector
shall inform the applicant, in writing, of the reasons for disapproval.
(3)
No building permit or footing and foundation permit shall be issued
for a site subject to this chapter without an erosion control permit.
D.
Erosion control permits.
(1)
Duration. Erosion control permits 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
Building Inspector may extend the period one or more times for up
to an additional 180 days. The Building Inspector may require additional
best management practices as a condition of the extension if they
are necessary to meet the requirements of this chapter.
(2)
Surety bond. As a condition of approval and issuance of the permit,
the Village shall require the applicant to deposit a surety bond,
irrevocable letter of credit or cash escrow to guarantee a good faith
execution of the approved erosion control plan and any permit conditions.
(3)
Permit conditions. All erosion control permits shall require the
permittee to:
(a)
Notify the Village within two working days of commencing any
land development and land disturbing activity;
(b)
Notify the Village of completion of any best management practices
within the next working day after their installation;
(c)
Obtain permission, in writing, from the Building Inspector prior
to modifying the erosion control plan;
(d)
Install all best management practices as identified in the approved
erosion control plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
best management practices and other facilities identified in the erosion
control plan;
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land development or land disturbing
activities;
(g)
Inspect the best management practices after each rain of 0.5
inch or more and at least once each week and make needed repairs;
(h)
Allow Village personnel or other agents authorized by the Village
to enter the site for the purpose of inspecting compliance with the
erosion control plan or for performing any work necessary to bring
the site into compliance with the erosion control plan; and
(i)
Keep a copy of the erosion control plan on the site.
If land development or land disturbing activities are being
carried out without a permit, Village personnel shall enter the land
pursuant to the provisions of § 66.0119, Wis. Stats.
A.
The Building Inspector may issue a notice of violation or post a
stop-work order, or both, if:
B.
If the permittee does not cease the activity or comply with the erosion
control plan or permit conditions within 24 hours, the Building Inspector
may revoke the erosion control permit
C.
If the landowner or land user, where no erosion control permit has
been issued, does not cease the activity within 24 hours, the Building
Inspector may request the Village Attorney to obtain a cease and desist
order.
D.
The Building Inspector may retract the stop-work order or the erosion
control permit revocation.
E.
After posting a stop-work order, the Building Inspector may issue
a notice of intent to the permittee or landowner or land user of the
Village of Grantsburg's intent to perform work necessary to comply
with this chapter. Village personnel or other agents authorized by
the Village Board may go on the land and commence the work three working
days after the notice of intent is mailed or served.
F.
If the cost of work performed by Village personnel or other authorized
agents plus interest at the rate approved by Village Board exceeds
the amount deposited in the irrevocable letter of credit, surety bond
or cash escrow, the remainder shall be billed to the permittee or
the landowner. In the event that a permittee or landowner fails to
pay the amount due, the Village Clerk shall enter the amount due on
the tax rolls and collect it as a special charge against the property
pursuant to § 66.0627, Wis. Stats.
G.
Any person violating any of the provisions of this chapter shall be subject to the penalties provided in § 1-4 of this Code.
H.
Compliance with the provisions of this chapter may also be enforced
by injunction, citation, and abatement of nuisances or other appropriate
and available remedy.
A.
Zoning Board of Appeals. The Zoning Board of Appeals created pursuant to§ 19-2 of this Code, as authorized by §§ 62.23(7)(e) and 68.11, 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 Building Inspector
or other person appointed by the Village Board in administering this
chapter;
(2)
Upon appeal, may authorize variances from the provisions of this
chapter which are not contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers authorized by
statute in hearing and deciding appeals and authorizing variances.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any aggrieved person or by any officer, department, board or bureau
of the Village affected by any decision of the Village Board or Building
Inspector.
Fees referred to in this chapter shall be established by the
Village Board in a fee schedule and may from time to time be modified
by Village Board resolution. Fees shall be related to costs involved
in handling permit applications, reviewing control plans, conducting
site inspections and administering the erosion control program.
