[HISTORY: Adopted by the Village Board of
the Village of Belgium 11-7-1994 by Ord. No. 33-94 (Title 8, Ch. 4
of the 1991 Code). Amendments noted where applicable.]
A.
Findings. The Village Board of the Village of Belgium
finds runoff from construction sites carries a significant amount
of sediment and other pollutants to the waters 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 of Belgium; and to protect 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-disturbing and
land-developing activities on lands within the boundaries and jurisdiction
of the Village of Belgium. This chapter applies to all lands located
within the extraterritorial plat approval jurisdiction of the Village
of Belgium, even if plat approval is not involved. All state-funded
or -conducted construction is exempt from this chapter.
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.
Use of land for the retail or wholesale sale of goods or
services.
A control measure used to meet the requirements of § 123-6B.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, location, size, and
other pertinent information of control measures designed to meet the
requirements of this chapter submitted by the applicant for review
and approval by the Village Building Inspector.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
The rainfall event that statistically has a five-year return
period with a duration of 24 hours. For the purposes of this chapter,
the rainfall volume associated with the five-year, twenty-four-hour
storm is 3.3 inches. The return period is defined as the frequency
of occurrence in years.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of the land surface including removing
vegetative cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
All control measures required to comply with
this chapter shall meet the design criteria, standards and specifications
for the control measures as set forth in the Wisconsin Construction
Site Best Management Practice Handbook.
All sedimentation basins and other control measures
necessary to meet the requirements of this chapter shall be maintained
by the applicant or subsequent landowner during the period of land
disturbance and land development of the site in a satisfactory manner
to ensure adequate performance and to prevent nuisance conditions
as set forth in the Wisconsin Construction Site Best Management Practice
Handbook.
A.
Applicability. This section applies to the following
sites of 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 plats.
(2)
Those requiring a certified survey approval or the
construction of houses or commercial, industrial or institutional
buildings on lots of approved certified surveys.
(3)
Those involving grading, removal of protective ground
cover or vegetation, excavation, land filling 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.
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 temporary sedimentation basins, grit chambers, sand
filters, upflow chambers, hydro-cyclones, swirl concentrators, or
other appropriate controls designed and used to remove particles of
100 microns or greater for the highest dewatering pumping rate. If
the water is demonstrated to have no particles greater than 100 microns
during dewatering operations, then no control is needed before discharge,
except as determined by the Village Building Inspector. Water may
not be discharged in a manner that causes erosion of the site 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 by wind or runoff into a receiving
channel, storm sewer system, or neighboring property.
(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. Entrance
to and exiting from the site shall occur only over required and approved
tracking pads, graveled road, or parking areas. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) 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
meeting accepted design criteria, standards and specifications.
(5)
Site erosion control. The following criteria [Subsection B(5)(a) through (d)] 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(5)(c)[3]. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for a five-year, twenty-four-hour storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
(b)
All activities on the site shall be conducted
in a logical sequence to minimize the area of bare soil exposed any
one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(5)(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 control measures. Seeding without mulch or sodding
may only be allowed if the seeding or sodding is started and completed
between May 1 and September 15. If temporary seeding is used, a permanent
cover shall also be required as part of the final site stabilization.
[2]
For sites with 10 or more acres disturbed at
one time, or if a channel originates in the disturbed area, one or
more sedimentation basins shall be constructed. Each sedimentation
basin shall have a surface area of at least 1% of the area draining
to the basin and at least three feet of depth and constructed in accordance
with accepted design specifications. Sediment shall be removed to
maintain a depth of three feet. The basin shall be designed to trap
sediment greater than 15 microns in size, based on a five-year, twenty-four-hour
storm. The basin discharge rate shall also be sufficiently low as
to not cause erosion along the discharge channel or the receiving
water.
[3]
For sites with no more than 10 acres disturbed
at one time, filter fences, straw bales, or equivalent control measures
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)
Any soil or dirt storage piles containing more
than 10 cubic yards of material should not be located with a downslope
drainage length of less than 25 feet to a roadway or drainage channel.
If remaining for more than seven days, they shall be stabilized by
filter fabric fences, straw bale fences, mulching, vegetative cover,
tarps or other means. Erosion from piles which will be in existence
for less than seven days shall be controlled by placing straw bales
or filter fence barriers around the pile. In-street utility repair
or construction soil or dirt storage piles located closer than 25
feet to a roadway or drainage channel must be covered with tarps or
suitable alternative control, if exposed for more than seven days,
and the storm drain inlets must be protected with straw bale or other
appropriate filtering barriers.
No landowner or land user may commence a land
disturbance or land development activity subject to this chapter without
receiving prior approval of a control plan for the site and a permit
from the Village Building Inspector. At least one landowner or land
user controlling or using the site and desiring to undertake a land-disturbing
or land-developing activity subject to this chapter shall submit an
application for a permit and a control plan and pay an application
fee to the Village Building Inspector. By submitting an application,
the applicant is authorizing the Village Building Inspector to enter
the site to obtain information required for the review of the control
pan.
A.
Content of the control plan for land-disturbing or
land-development activities covering one or more acres.
(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 (the dimensions of the adjacent areas to
be shown shall be specified by the Village Building Inspector):
(a)
Site location and adjacent lands which accurately
identify site location;
(b)
Lakes, streams, wetlands, channels, ditches
and other watercourses;
(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;
(g)
Locations and dimensions of utilities, structures,
roads, highways, and paving; and
(h)
Site topography at a contour interval not to
exceed five feet.
(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-disturbing
or land-development activities;
(b)
Locations and dimensions of all temporary soil
or dirt stockpiles;
(c)
Locations and dimensions of all construction
site management control measures necessary to meet the requirements
of this chapter;
(d)
Schedule of anticipated starting and completion
date of each land-disturbing or land-developing activity including
the installation of construction site control measures needed to meet
the requirements of this chapter; and
(e)
Provisions for maintenance of the construction
site control measures during construction.
B.
Content of control plan statement for land-disturbing
or land-delopment activities covering no more than one acre. An erosion
control plan statement (with simple map) shall be submitted to briefly
describe the site and erosion controls (including site development
schedule) that will be used to meet the requirements of the chapter.
C.
Review of control plan. Within 45 days of receipt
of the application, control plan, and fee, the Village 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 departments 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 30 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 the disapproval.
D.
Permits.
(1)
Duration. 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 Village Building
Inspector may extend the period one or more times for up to an additional
180 days. The Building Inspector may require additional control measures
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 Building Inspector may require the applicant to
deposit a surety bond or irrevocable letter of credit in an amount
as established by the Village Engineer to guarantee a good-faith execution
of the approved control plan and any permit conditions.
(3)
Permit conditions. All permits shall require the permittee
to:
(a)
Notify the Building Inspector within 48 hours
of commencing any land-disturbing or land-development activity;
(b)
Notify the Building Inspector of completion
of any control measures within 14 days after their installation;
(c)
Obtain permission in writing from the Building
Inspector prior to modifying the control plan;
(d)
Install all control measures as identified in
the approved control plan;
(e)
Maintain all road drainage systems, stormwater
drainage systems, control measures and other facilities identified
in the control plan;
(f)
Repair any siltation or erosion damage to adjoining
surfaces and drainageways resulting from land developing or disturbing
activities;
(g)
Inspect the construction control measures after
each rain of 0.5 inches or more and at least once a week and make
needed repairs;
(h)
Allow the Building Inspector or Village employees
or agents to enter the site for the purpose of inspecting compliance
with the control plan or for performing any work necessary to bring
the site into compliance with the control plan; and
(i)
Keep a copy of the control plan on the site.
A.
The Village Building Inspector shall inspect construction
sites 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 control
plan.
B.
If land disturbing or land development activities
are being carried out without a permit, the Building Inspector shall
enter the land pursuant to the provisions of § 66.0119,
Wis. Stats.
A.
The Village Building Inspector may post a stop-work
order if:
B.
If the permittee does not cease the activity or comply
with the control plan or permit conditions within 24 hours, the Building
Inspector may revoke the permit.
C.
If the landowner or land user where no 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 or the Zoning Board of Appeals
may retract the stop-work order or the revocation.
E.
Twenty-four hours 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's intent to perform work
necessary to comply with this chapter. The Village and its employees
and agents may go on the land and commence the work after 14 days
from issuing the notice of intent, except where the Village determines
there are emergency circumstances, in which event the Village and
its employees and agents may go on the land and commence the work
after 24 hours from issuing the notice of intent. The costs of the
work performed by the Village, plus interest at the rate authorized
by the Village, shall be billed to the permittee or the landowner.
In the event a permittee or landowner fails to pay the amount due,
the Clerk shall enter the amount due on the tax rolls and collect
as a special charge against the property pursuant to § 66.0627,
Wis. Stats.
[Amended 3-8-2010 by Ord. No. 2-10]
F.
Any person violating any of the provisions of this
chapter shall be subject to a forfeiture of not less than $100 nor
more than $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 injunctions or citation.
A.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to § 270-96 of Chapter 270, Zoning:
(1)
Shall hear and decide appeals where it is alleged
that there is error in any order, decision or determination made by
the Village Building Inspector 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 the chapter will result in unnecessary hardship; and
(3)
Shall use the rules, procedures, duties and powers
authorized by ordinance and 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 an officer, department,
board or bureau of the Village affected by any decision of the Building
Inspector.
