[HISTORY: Adopted by the Village Board of
the Village of Cottage Grove 2-21-2011 by Ord. No. 02-2011;[1] amended in its entirety 5-16-2016 by Ord. No. 02-2016. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Comprehensive Master Plan — See Ch. 23.
Building construction and fire prevention — See Ch. 130.
Illicit discharge detection and elimination — See Ch. 164.
Floodplain zoning — See Ch. 183.
Subdivision of land — See Ch. 274.
Water and sewers — See Ch. 312.
Wellhead protection — See Ch. 317.
Zoning — See Ch. 325.
[1]
Editor’s Note: This ordinance also repealed former Ch.
163, Erosion, Sediment and Water Runoff Control, adopted 8-19-2002
by Ord. No. 15-2002, as amended in its entirety 7-17-2006 by Ord.
No. 06-2006.
A.
Authority. This chapter is adopted under the authority granted by
ss. 61.34(1), 61.35, 61.354, 62.23 and 236.45, Wisconsin Statutes.
B.
Legislative findings.
(1)
The Village Board of the Village of Cottage Grove finds that construction
site erosion and uncontrolled stormwater runoff from land-disturbing
and land development activities have significant adverse impacts upon
regional water resources and the health, safety, property and general
welfare of the community, and diminish the public enjoyment and use
of natural resources. Specifically, soil erosion and stormwater runoff
can:
(a)
Carry sediment, nutrients, pathogens, organic matter, heavy
metals, toxins and other pollutants to regional lakes, streams and
wetlands;
(b)
Diminish the capacity of water resources to support recreational
and water supply uses and a natural diversity of plant and animal
life;
(c)
Clog existing drainage systems, increasing maintenance problems
and costs;
(d)
Cause bank and channel erosion;
(e)
Increase downstream flooding;
(f)
Reduce groundwater recharge, which may diminish stream base
flows and lower water levels in regional lakes, ponds and wetlands;
(g)
Contaminate drinking water supplies;
(h)
Increase risk of property damage and personal injury; and
(i)
Cause damage to agricultural fields and crops.
(2)
The Village Board of the Village of Cottage Grove also finds that
effective sediment and stormwater management depends on proper planning,
design, and timely installation of conservation and management practices
and their continuing maintenance.
C.
Purpose and intent.
(1)
The purpose of this chapter is to set forth the minimum requirements
for construction site erosion control and stormwater management that
will diminish threats to public health, safety, public and private
property and natural resources of Village of Cottage Grove.
(2)
This chapter is intended to regulate construction site erosion and
stormwater runoff, to accomplish the following objectives:
(a)
Promote regional stormwater management by watershed;
(b)
Minimize flooding, sedimentation, water pollution from nutrients,
heavy metals, chemical and petroleum products and other contaminants
to the water resources of Cottage Grove;
(c)
Promote infiltration and groundwater recharge;
(d)
Protect functional values of natural watercourses and wetlands;
(e)
Provide a set of performance standards that are consistent with
the standards set forth by Dane County and the Wisconsin Department
of Natural Resources' runoff management standards contained in
NR 151;
(f)
Achieve reductions in sediment and phosphorus load development
in approved TMDL studies, and achieve a twenty-percent reduction in
sediment load rates compared to no controls for existing developments;
(g)
Ensure no increase in the flow rate of surface water drainage
from sites during or after construction; and
(h)
Protect public and private property from damage resulting from
runoff or erosion.
D.
Abrogation and greater restrictions. It is not intended by this chapter
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, rules, regulations,
ordinances or permits previously adopted or issued pursuant to law.
However, wherever this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements and shall
not be deemed a limitation or repeal of any other power granted by
the Wisconsin Statutes. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirement
or interpretation shall control.
F.
Effective date. This chapter shall become effective immediately upon
publication and posting. After that date, all land-disturbing activities
shall be in compliance with all provisions of this chapter.
The following terms, wherever they appear in this chapter, are
defined as follows:
That a regulated activity has significantly:
Related to or used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry
enterprises, grazing, nurseries, horticulture, viticulture, truck
farming, forestry, sod production, cranberry productions and wild
crop harvesting. Clearing and grubbing of an area or structural development
are not agricultural activity.
Measured precipitation in Madison, Wisconsin, between March
12 and December 2, 1981.
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
The total area drained by a waterway as designated by the
Village Engineer or the total area drained by any of the waterway's
tributaries, exclusive of any other drainage area.
A practice, technique, or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
These can include structural, vegetative or operational practices.
For the retail or wholesale sale of goods or services.
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
Preventing or reducing soil erosion and sedimentation from
land-disturbing activity.
The area of the infiltration system that is used to infiltrate
runoff and does not include the area used for site access, berms or
pretreatment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the resulting
conditions.
Buildings and other structures and impervious area existing
prior to August 22, 2001.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved to a new location and shall include the resulting conditions.
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this chapter,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious, unless specifically designed to encourage
infiltration and approved by the local approval authority.
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, but does
not include natural infiltration in pervious surfaces such as lawns,
redirecting of rooftop downspouts onto lawns or minimal infiltration
from practices such as swales or road side channels designed for conveyance
and pollutant removal only.
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
Any land alterations or disturbances that may result in soil
erosion, sedimentation, or change in runoff, including but not limited
to removal of ground cover, grading, excavating, and filling of land.
Any person holding title to or having an ownership interest
in land.
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
Any county, city, Village or town ordinance adopted under
Chapter 236, Wis. Stats., to regulate the division of land.
Those activities where:
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 performance standards and
may vary based on the performance standard and site conditions.
Those activities where:
Any of the following activities:
Structural development, including construction of a new building
or other structures;
Expansion or alteration of an existing structure that results
in an increase in the surface dimensions of the building or structure;
Land-disturbing activities; or
Creation or expansion of impervious surface.
A rate of flow of stormwater runoff, usually measured in
feet per second, that does not erode soils. Nonerosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
Any land cover that permits rain or melting snow to soak
into the ground.
Refers to the extent and distribution of land cover types
anticipated to occur under conditions of full development of the submitted
plan. This term is used to match pre- and post-development stormwater
peak flows as required by the chapter.
Refers to the extent and distribution of land cover types
present before the initiation of the proposed of land development
activity, assuming that all land uses prior to land-disturbing activity
are in "good" condition as described in the Natural Resources Conservation
Service Technical Release 55, "Urban Hydrology for Small Watersheds"
(commonly known as TR-55). This term is used to match pre- and post-development
stormwater peak flows as required by the chapter. In a situation where
the cumulative impervious surface created after August 21, 2001, exceeds
the twenty-thousand-square-foot threshold, the predevelopment conditions
shall be those prior to the proposed land disturbance.
An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and extends horizontally for the width specified in § 163-11B(7)(a) from the top of the channel or delineated wetland boundary to the closest impervious surface. In this chapter, "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to § 163-6A.
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
Solid earth material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water, gravity or ice, and has come to rest on the
earth's surface at a different site.
The deposition of eroded soils at a site different from the
one where the erosion occurred.
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
The bounded area described in an erosion control plan or
stormwater management plan.
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Dane County,
Wisconsin. For example, one-, two-, ten-, and one-hundred-year storm
events mean the precipitation amounts that occur over a twenty-four-hour
period that have a recurrence interval of one, two, 10, and 100 years,
respectively.
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snow- or ice-melt event.
Any measures taken to permanently reduce, or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
The waters derived from rains falling or snowmelt or ice
melt occurring within a drainage area, flowing over the surface of
the ground and/or collected in channels, watercourses or conduits.
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, stream bed or lake bed.
A subdivision of a basin all of which drains to a single
identifiable location.
The amount of pollutants specified as a function of one or
more water quality parameters that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard. The USEPA and WDNR approved report
"Total Maximum Daily Loads for Total Phosphorus and Total Suspended
Solids in the Rock River Basin" dated July 2011 specifies an annual
percent reduction for pollutants necessary to meet the wasteload allocations
assigned to the Village of Cottage Grove.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with regulations unnecessarily burdensome or unreasonable in light
of the purposes of this chapter.
The Village of Cottage Grove.
The Erosion Control Officer, the Village Engineer, the Building
Inspector or any other Village employee or official assigned or charged
with the responsibility of administering and enforcing the requirements
of this chapter or any independent contractor retained by the Village
for such purpose.
The individual, or the individual's designee, or the
firm, or a representative of the firm, appointed or retained by the
Village Board to routinely provide engineering services for the Village.
A.
Within the Village. Unless specifically excluded herein, this chapter
applies to all land-disturbing and land developing activities occurring
within the corporate limits of the Village.
B.
Within the extraterritorial area. This chapter shall apply outside
the Village limits within the extraterritorial plat review area provided
by Chapter 236, Wis. Stats., but only to those land-disturbing activities
relating to, arising from, or connected with a subdivision as defined
in s. 236.02 (12), Wis. Stats.
The design of all best management practices designed to meet
the requirements of this chapter shall comply with the following technical
standards:
Unless expressly exempted by § 163-7, an erosion control permit under § 163-9 shall be required and all construction site erosion control provisions of this chapter shall apply, to any of the following activities in Village of Cottage Grove;
A.
Land-disturbing activity in excess of 4,000 square feet;
B.
Land-disturbing activity on a slope of greater than 12%;
C.
Land-disturbing activity that involves the excavation or filling,
or a combination of excavation and filling, in excess of 400 cubic
yards of material;
D.
Land-disturbing activity that disturbs more than 100 lineal feet
of road ditch, grass waterway or other land area where surface drainage
flows in a defined open channel; including the placement, repair or
removal of any underground pipe, utility or other facility within
the cross-section of the channel;
E.
Any new public or private roads or access drives longer than 125
feet;
F.
Development that requires a subdivision plat, as defined in the applicable
local land division ordinance(s);
G.
Land-disturbing activity that disturbs less than 4,000 square feet
of land, including the installation of access drives, that the local
approval authority determines to have a high risk of soil erosion
or water pollution, or that may significantly impact a lake, stream,
or wetland area. Examples of activities with a high risk of soil erosion
or water pollution may include, but are not limited to, land disturbance
on erodible soil or disturbance adjacent to lakes, rivers, streams
or wetlands. All such determinations made by the local approval authority
shall be in writing, unless waived by applicant.
Unless otherwise exempted by § 163-7, a stormwater control permit under § 163-9 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village of Cottage Grove:
A.
Any development(s) after August 22, 2001, that result(s) in the cumulative
addition of 20,000 square feet of impervious surface to the site;
B.
Agricultural development that creates new impervious surface area
exceeding 20,000 square feet on the site;
C.
Any development that requires a subdivision plat, as defined in applicable
local land division ordinance(s);
D.
Any development that requires a certified survey map, as defined
in the applicable local land division ordinance(s); for property intended
for commercial or industrial use;
F.
Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
local approval authority determines may significantly increase downstream
runoff volumes, flooding, soil erosion, water pollution or property
damage, or significantly impact a lake, stream, or wetland area. All
such determinations shall be made in writing unless waived by the
applicant.
A.
Any activity directly related to the planting, growing and harvesting
of agricultural crops is exempt from all requirements of this chapter;
B.
The following activities are exempt from the construction site erosion control provisions of § 163-5:
(1)
One- and two-family dwelling units regulated under the Wisconsin
Uniform Dwelling Code. Land-disturbing activities in excess of one
acre, or not associated with the construction of a dwelling, are not
exempt from this chapter.
(2)
Projects specifically exempted from local erosion control ordinances
under state or federal statute. It is the responsibility of the landowner
to demonstrate such exemption with documentation acceptable to the
local approval authority.
(3)
Municipal road or county highway project not exempted under § 163-7B(2) are exempt from § 163-11B(3) and (4) where all of the following conditions are met:
C.
The following activities are exempt from the infiltration standards described in § 163-11B(6):
(1)
Redevelopment sites.
(2)
New development sites with less than ten-percent-connected imperviousness
based on complete development of the post-construction site, provided
the cumulative area of all impervious surface is less than one acre.
(3)
Agricultural facilities and practices.
(4)
Areas where the infiltration rate of the soil is less than 0.6 inch/hour
measured at the bottom of the proposed infiltration system where the
soil layer is not easily removed or manipulated.
(5)
Parking areas and access roads less than 5,000 square feet for commercial
and industrial development.
(6)
Roads in commercial, industrial and institutional land uses, and
arterial roads.
D.
The following activities are exempt from the protective area requirements described in § 163-11B(7):
(1)
Redevelopment sites;
(2)
In-fill development areas of less than five acres;
(3)
Structures that cross or access surface waters, such as boat landings,
bridges and culverts;
(4)
Structures constructed in accordance with s. 59.692(1v), Wis. Stats.;
and
(5)
Post-construction sites from which runoff does not enter the surface
water, except to the extent that vegetative ground cover is necessary
to maintain bank stability.
A.
A preliminary review letter provides a potential permit applicant
with an initial simple evaluation of whether erosion and stormwater
control standards can be met for a proposed site, lot layout, and/or
construction design. This review is intended to assist applicants
in preparing general site plans and other submittals necessary to
obtain an erosion control and stormwater permit. A preliminary review
letter does not guarantee that an erosion or stormwater control plan
will be approved or that a permit will be issued. Erosion and stormwater
control plans and permit applications must meet all applicable standards
and criteria for approval.
C.
Application requirements.
(1)
A preliminary review letter must be submitted to and approved by
the Village Engineer before an erosion control or stormwater management
permit application may be submitted.
(2)
The following materials must be included in the preliminary review
letter:
D.
Approval process.
(1)
The Village Engineer shall review the letter and determine whether
erosion and stormwater control standards can be met for a proposed
site, lot layout, and/or construction design.
(2)
Within 15 days of receiving the preliminary review letter, the Village
Engineer shall either approve the preliminary plan or notify the applicant
of any deficiencies.
(3)
The Village Engineer shall notify the applicant in writing of any
deficiency in the preliminary plan and the applicant shall be given
an opportunity to correct any deficiency.
(4)
Approval of a preliminary review letter does not guarantee that an
erosion or stormwater control plan will be approved or that a permit
will be issued. Erosion and stormwater control plans and permit applications
must meet all applicable standards and criteria for approval.
B.
The applicant must provide the following when requesting a permit:
(1)
Completed application form:
(a)
The application must be signed by the landowner or include a
notarized statement signed by the landowner authorizing the applicant
to act as the landowner's agent and bind the landowner to the
terms of this chapter.
(5)
If required by § 163-6, a stormwater management plan meeting all of the standards of § 163-11 and a draft maintenance agreement as described in § 163-11A(8).
(6)
Copies of permits or permit applications or approvals required by
any other governmental entity.
(7)
A proposed timetable and schedule for completion and installation
of all elements of approved erosion control and stormwater management
plans and a detailed schedule for completion of construction.
(8)
An estimate of the cost of completion and installation of all elements
of the approved erosion control and stormwater management plans.
(9)
Evidence of financial responsibility to complete the work proposed in the plan. For major land-disturbing activities, the applicant shall provide, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the Village in an amount equal to 125% of the estimated cost of all required control measures as determined by the Village Engineer. The security deposited shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village Engineer assures that all required control measures have been fully and satisfactorily completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approved control plan as it deems necessary. If the erosion and runoff control requirements of this chapter are included as part of plat or certified survey map conditions of approval, then, security for performance of the control requirements may be included as part of the overall security required for installation of improvements under Chapters 23, 274 and 325 of the Village Ordinances.
C.
Approval process.
(1)
Major land-disturbing activities.
(b)
The Village Engineer shall either approve the submitted plan
or notify the applicant in writing of any deficiencies, within 30
days of receipt of the control plan. Staff engaged in this review
and approval process shall be certified where appropriate by the Wisconsin
Department of Safety and Professional Services for this purpose.
(2)
Minor land-disturbing activities.
(a)
The Village Agent shall verify the permit application is complete under § 163-9B and review the plan for compliance with this chapter in accordance with the Erosion Control Checklist attached hereto and incorporated herein as Exhibit A[1] established by the Village Engineer and approved by the
Village Board.
[1]
Editor's Note: Said exhibit is on file in the Village
offices.
(b)
The Village Agent shall approve, reject or conditionally approve
the plan within the same number of working days as required for issuance
of a building permit, but in no event more than three working days
after receipt of the completed control plan statement. If the control
plan statement is rejected or conditionally approved, the applicant
shall be informed, in writing, of the reasons for rejection or conditions
of approval. Staff engaged in this review and approval process shall
be certified where appropriate by the Wisconsin Department of Safety
and Professional Services for this purpose.
(3)
Where installed stormwater practices will be privately owned, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit (which is on file at Village Hall) issued under this chapter and applicable plan, timetables and potential liability imposed by § 163-16C for failure to bring the property into compliance with this chapter after notification, shall be recorded with the Dane County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
(4)
Upon approval of the Village Engineer, the erosion control or stormwater
management permit shall be issued by the Village after the applicant
has met all other requirements of this chapter.
D.
Permit conditions.
(1)
The plan shall be implemented prior to the start of any land-disturbing
activity and shall be maintained over the duration of the project.
Stormwater components of the plan shall be maintained in perpetuity.
(2)
The permittee is responsible for successful completion of the erosion
control plan and the stormwater management plan. The permittee shall
be liable for all costs incurred, including environmental restoration
costs, resulting from noncompliance with an approved plan.
(3)
Application for a permit shall constitute express permission by the permittee and landowner for the Village Agent to enter the property for purposes of inspection under Subsection E or curative action under § 163-16C. The application form contains a prominent provision advising the applicant and landowner of this requirement.
(4)
All incidental mud-tracking off site onto adjacent public thoroughfares
shall be cleaned up and removed by the end of each working day using
proper disposal methods.
(5)
A copy of the approved permit and erosion control plan shall be kept
on the project site, in a place readily accessible to contractors,
engineers, local approval authority inspection staff and other authorized
personnel.
E.
Inspections.
(1)
Application for a permit under this chapter shall constitute permission by the applicant and landowner for the Village Agent to enter upon the property and inspect during the construction phase prior to the inspections pursuant to Subsection E(4) and (6), as necessary to confirm compliance with the requirements of this chapter.
(2)
As part of the plan approval process, the Village Agent shall determine
the minimum number of inspections required to assure compliance. The
site of any regulated land-disturbing activity shall be inspected
once every 30 days, or more frequently as determined by the Village
Engineer during the construction phase with assistance from the Erosion
Control Officer and/or Building Inspector. The Village Agent's
compliance inspections do not relieve the permittee from performing
and documenting their own inspections required by ch. NR 151, Wis.
Adm. Code.
(3)
Within 10 days after installation of all practices in an approved
erosion control plan and achievement of soil stabilization, the permittee
shall notify the Village Clerk and Erosion Control Officer.
(4)
The Village Agent shall inspect the property to verify compliance
with the erosion control plan within 10 days of notification of soil
stabilization.
(5)
Within 10 days after installation of all practices in an approved
stormwater management plan, the permittee shall notify the Village
Clerk and submit drawings documenting construction. The person who
designed the stormwater management plan for the permittee shall submit
as-built certification to ensure that constructed stormwater management
practices and conveyance systems comply with the specifications included
in the approved plans. At minimum, as-built certification shall include
a set of drawings comparing the approved stormwater management plan
with what was constructed. Other information shall be submitted as
required by the Village Engineer, Building Inspector, or Erosion Control
Officer.
(6)
The Village Agent shall inspect the property to verify compliance
within 10 days of notification.
(7)
Maintenance is the responsibility of the owner, and facilities are
subject to inspection and orders for repairs.
F.
Permit transfers.
(1)
The affidavit [required in § 163-9C(3)] describing the property by legal description and notifying future prospective purchasers of the existence and responsibilities associated with the stormwater permit on file at Village Hall runs with the property.
(2)
When a permittee and landowner transfers ownership, possession or
control of real estate subject to either or both an uncompleted erosion
control or stormwater management plan, the successor in interest to
any portion of the real estate shall be responsible to control soil
erosion and runoff and shall comply with the minimum standards provided
in this chapter.
(3)
When ownership, possession or control of property subject to an uncompleted
erosion control or stormwater management plan, or both, is transferred,
the former owner (seller) shall notify the new owner (buyer) as to
the current status of compliance with notice to the authority, and
provide a copy of the erosion control plan or stormwater management
plan, or both.
(4)
Transfers of interest in real estate subject to an approved, uncompleted
plan may be conducted consistent with this chapter under any of the
following arrangements:
(a)
The transferee shall file a new, approved erosion control or
stormwater management plan, or both, with the authority;
(b)
The transferee shall obtain an approved assignment from the
authority as sub-permittee to complete that portion of the approved
plan regulating soil erosion and runoff on the transferee's property.
(c)
The permittee shall provide the authority with a duly completed
and executed continuing surety bond or certified check in an amount
sufficient to complete the work proposed in the approved plan; at
the time of transfer, the permittee may seek to reduce the surety
bond or certified check to the appropriate amount to complete remaining
work. If the transferor enters into escrow agreements with transferees
to complete an approved plan, these funds shall be available to the
authority to attain plan compliance. When an approved erosion control
plan and, if required, a stormwater management plan is or are not
completed as proposed, the authority may use the surety bond to complete
remaining work to achieve plan compliance.
G.
Plan or permit amendments. Any proposed modifications to approved
plans, construction schedules or alterations to accepted sequencing
of land-disturbing site activities shall be approved by the Village
Engineer in consultation with the Erosion Control Officer or Building
Inspector prior to implementation of said changes. One permit revision
is allowed at no charge. The second and subsequent revisions, to a
maximum of five revisions, cost $50 each.
A.
Plan materials. Erosion control plans required under § 163-5 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and, except as specifically exempted below, shall include at a minimum the following information:
(1)
Property lines and limits of disturbed area;
(2)
Limits of impervious area, including buildings. Include all public
and private roads, interior roads, driveways and parking lots, and
indicate type of paving and surface material;
(3)
All natural and artificial water features including, but not limited
to, lakes, ponds, streams (including intermittent streams), and ditches;
and areas of natural woodland or prairie. The plan must show ordinary
high-water marks of all navigable waters, one-hundred-year flood elevation
and delineated wetland boundaries. A certified flood zone determination
and/or wetland delineation may be required at the applicant's
expense;
(4)
Cross sections of and profiles of channels, swales and road ditches;
(5)
Culvert sizes;
(6)
Direction of flow of runoff;
(7)
Watershed size for each drainage area;
(8)
Design discharge for ditches and structural measures;
(9)
Runoff velocities;
(10)
Fertilizer and seeding rates and recommendations;
(11)
Time schedules for stabilization of ditches and slopes;
(12)
Description of methods by which sites are to be developed and
a detailed land disturbance schedule including time schedules for
stabilization of ditches and slopes;
(13)
Provision for sequential steps mitigating erosive effect of
land-disturbing activities to be followed in appropriate order and
in a manner consistent with accepted erosion control methodology suitable
to proposed sites and amenable to prompt revegetation, including runoff
calculations as appropriate;
(14)
Provisions to prevent mud-tracking off site onto public thoroughfares
during the construction period;
(15)
Provisions to prevent the discharge of sediment from dewatering
activities;
(16)
Provisions to disconnect impervious surfaces, where feasible;
(17)
Provisions to prevent sediment delivery to, and accumulation
in, any proposed or existing stormwater conveyance systems (both on-site
and off-site);
(18)
Copies of permits or permit applications required by any other
unit of government or agency;
(19)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988) and existing and proposed contours in the
area, where deemed necessary.
(20)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features
of the site;
(21)
Provisions to prevent the transport by runoff of chemicals,
cement and other building compounds and materials on the construction
site during the construction period.
B.
Simplified plan checklist. For minor land-disturbing activities, as defined in § 163-2, applicants may submit erosion control proposals using simplified checklists of standard erosion control practices, on a standard form established by the Village Engineer and approved by the Village Board and a simple map and site development schedule. Simplified plan checklists shall be reviewed by the Village Agent for completeness and accuracy.
C.
Erosion control performance standards.
(1)
Proposed design, suggested location and phased implementation of
effective, practicable erosion control measures for plans shall be
designed, engineered and implemented to achieve the following results:
(a)
Prevent gully and bank erosion;
(b)
Limit total off-site permissible annual aggregate soil loss
for exposed areas resulting from sheet and rill erosion to an annual,
cumulative soil loss rate not to exceed five tons per acre annually;
and
(c)
Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in § 163-11B(4), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or waterbody.
(2)
Plan compliance under Subsection C(1) shall be determined using the Wisconsin Department of Natural Resources' Construction Site Soil Loss and Sediment Discharge Calculation Guidance (effective June 2015 or current version), or another commonly accepted soil erosion methodology approved by the Dane County Conservationist, that considers season of year, site characteristics, soil erodibility and slope.
(3)
Erosion control measures for plan approval need not attempt to regulate
soil transportation within the boundaries of the applicant's
site.
A.
Plan materials. Stormwater management plans shall satisfy all of the requirements in Subsection B, and shall address at a minimum the following information:
(1)
A narrative describing the proposed project, including implementation
schedule for planned practices;
(2)
Identification of the entity responsible for long-term maintenance
of the project;
(3)
A map showing drainage areas for each watershed area;
(4)
A summary of runoff peak flow rate calculations, by watershed area,
including:
(5)
A complete site plan and specifications, signed by the person who
designed the plan. All plans shall be drawn to an easily legible scale,
shall be clearly labeled, and shall include, at a minimum, all of
the following information:
(a)
Property lines and lot dimensions;
(b)
All buildings and outdoor uses, existing and proposed, including
all dimensions and setbacks;
(c)
All public and private roads, interior roads, driveways and
parking lots. Show traffic patterns and type of paving and surfacing
material;
(d)
All natural and artificial water features, including, but not
limited to, lakes, ponds, streams (including intermittent streams),
and ditches. Show ordinary high-water marks of all navigable waters,
one-hundred-year flood elevations and delineated wetland boundaries,
if any. If not available, appropriate flood zone determination or
wetland delineation, or both, may be required at the applicant's
expense;
(f)
Depth to bedrock;
(g)
Depth to seasonal high-water table;
(h)
The extent and location of all soil types as described in the
Dane County Soil Survey, slopes exceeding 12%, and areas of natural
woodland or prairie;
(i)
Existing and proposed elevations (referenced to the North American
Vertical Datum of 1988, where available) and existing and proposed
contours in the area requiring a grading and filling permit;
(j)
Elevations, sections, profiles, and details as needed to describe
all natural and artificial features of the project;
(k)
Soil erosion control and overland runoff control measures, including
runoff calculations as appropriate;
(l)
Detailed construction schedule;
(m)
Copies of permits or permit applications required by any other
governmental entities or agencies;
(n)
Any other information necessary to reasonably determine the
location, nature and condition of any physical or environmental features;
(o)
Location of all stormwater management practices;
(p)
All existing and proposed drainage features;
(q)
The location and area of all proposed impervious surfaces; and
(r)
The limits and area of the disturbed area.
(6)
Engineered designs for all structural management practices;
(7)
A description of methods to control oil and grease or written justification
for not providing such control;
B.
Stormwater management performance standards. Proposed design, suggested
location and phased implementation of effective, practicable stormwater
management measures for plans shall be designed, engineered and implemented
to achieve the following results:
(1)
Sediment control.
(a)
For new development, design practices to retain soil particles
greater than five microns on the site resulting from a one-year twenty-four-hour
storm event (2.5 inches over twenty-four-hour duration), according
to approved procedures, and assuming no sediment resuspension; or
design practices to achieve an eighty-percent reduction in sediment
loads based on average annual rainfall.*
[1]
For new development, design practices to achieve a fifty-four-percent
reduction in total phosphorus loads based on average annual rainfall.
(b)
For redevelopment resulting in exposed surface parking lots
and associated traffic areas, design practices to achieve the following
reductions in sediment loads based on average annual rainfall: 55%
for sites within the Koshkonong watershed, and 62% for sites within
the Yahara watershed.
[1]
For redevelopment resulting in exposed surface parking lots
and associated traffic areas, design practices to achieve a 54% reduction
in total phosphorus loads based on average annual rainfall.
[2]
Under no circumstances shall the site's existing sediment
or phosphorus control level or trapping efficiency be reduced as a
result of the redevelopment.
[3]
Note: the 80% reduction based on average annual rainfall standard
and the five-micron particle trapping standard are considered generally
equivalent.
(2)
Oil and grease control. For all stormwater plans for commercial or
industrial developments and all other uses where the potential for
pollution by oil or grease, or both, exists, the first 0.5 inch of
runoff will be treated using the best oil and grease removal technology
available. This requirement may be waived by the plan reviewer only
when the applicant can demonstrate that installation of such practices
is not necessary.
(3)
Runoff rate control, hydrologic calculations. All runoff calculations
shall be according to the methodology described in the Natural Resources
Conservation Service's Technical Release 55, "Urban Hydrology
for Small Watersheds" (commonly known as TR-55), or other methodology
approved by the Dane County Conservationist. The maximum runoff curve
number (RCN) used in such calculation shall be the TR-55 specified
curve numbers for other land uses shall be used for predevelopment
conditions. For post-development conditions, heavily disturbed sites
will be lowered one permeability class for hydrologic calculations.
Lightly disturbed areas require no modification. Where practices have
been implemented to restore soil structure to predeveloped conditions,
no permeability class modification is required.
|
Table 1 - Maximum Predevelopment Runoff Curve Numbers
| |||||
|---|---|---|---|---|---|
|
Runoff Curve Number
|
Hydrologic Soil Group*
| ||||
|
A
|
B
|
C
|
D
| ||
|
Woodland
|
30
|
55
|
70
|
77
| |
|
Grassland
|
39
|
61
|
71
|
78
| |
|
Cropland
|
51
|
68
|
78
|
83
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
When dual HSGs are specified, the drained condition shall be
assumed.
| |
(4)
Runoff rate control, design standards. Hydrologic analyses shall
utilize the MSE4 NRCS rainfall distribution. Except for redevelopment
projects, all stormwater facilities shall be designed, installed and
maintained to effectively accomplish the following:
(a)
Maintain predevelopment peak runoff rates for the one-year,
twenty-four-hour storm event (2.49 inches over 24 hours' duration).
(b)
Maintain predevelopment peak runoff rates for the two-year,
twenty-four-hour storm event (2.84 inches over 24 hours' duration).
(c)
Maintain predevelopment peak runoff rates for the ten-year,
twenty-four-hour storm event (4.09 inches over 24 hours' duration).
(d)
Maintain predevelopment peak runoff rates for the one-hundred-year,
twenty-four-hour storm event (6.66 inches over 24 hours' duration).
(5)
Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Subsection B(4), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
(6)
Infiltration.
(a)
For both residential and nonresidential developments, design
practices to infiltrate sufficient runoff volume so that post-development
infiltration volume shall be at least 90% of pre-development infiltration
volume, based on average annual rainfall.
(b)
If, when designing appropriate infiltration systems, more than
2% of the site is required to be used as effective infiltration area,
the applicant may alternately design infiltration systems and pervious
surfaces to meet or exceed the annual predevelopment recharge rate.
The annual predevelopment recharge rate shall be determined from the
Wisconsin Geological and Natural History Survey's 2009 Report,
Groundwater Recharge in Dane County, Estimated by a GIS-Based Water-Balanced
Model, or subsequent updates to this report, or by a site-specific
analysis using other appropriate techniques. If this alternative design
approach is taken, at least 2% of the site must be used for infiltration.
(c)
Pretreatment. Before infiltrating runoff, pretreatment shall
be required for parking lot runoff and for runoff from new road construction
in commercial, industrial and institutional areas that will enter
an infiltration system. The pretreatment shall be designed to protect
the infiltration system from clogging prior to scheduled maintenance
and to protect groundwater quality.
(d)
Prohibitions. Notwithstanding Subsection B(6)(a) through (c), infiltration systems may not be installed in any of the following areas:
[1]
Areas associated with Tier 1 industrial facilities identified
in s. NR 216.21(2)(a), Wis. Admin. Code, including storage, loading,
rooftop and parking.
[2]
Storage and loading areas of Tier 2 industrial facilities identified
in s. NR 216.21(2)(b). Wis. Admin. Code.
[3]
Fueling and vehicle maintenance areas.
[4]
Areas within 1,000 feet up gradient or within 100 feet down
gradient of karst features.
[5]
Areas with less than three feet separation distance from bottom
of the infiltration system to the elevation of seasonal high groundwater
or the top of bedrock, except that this provision does not prohibit
infiltration of roof runoff.
[6]
Areas with runoff from industrial, commercial and institutional
parking lots and roads and residential arterial roads with less than
five feet separation distance from the bottom of the infiltration
system to the elevation of seasonal high groundwater or the top of
bedrock.
[7]
Areas within 400 feet of a community water system well as specified
in s. NR 811.16(4), Wis. Admin. Code, for runoff infiltrated from
commercial, industrial and institutional land uses or regional devices
for residential development.
[8]
Areas where contaminants of concern, as defined in s. NR 720.03(2),
Wis. Admin. Code, are present in the soil through which infiltration
will occur.
[9]
Any area where the soil does not exhibit one of the following
characteristics between the bottom of the infiltration system and
the seasonal high groundwater and top of bedrock: at least a five-foot
soil layer with 10% fines or greater. This provision does not apply
where the soil medium within the infiltration system provides an equivalent
level of protection and does not prohibit infiltration of roof runoff.
(e)
Alternate use of runoff. Where alternate uses of runoff are
employed, such as flushing, laundry or irrigation, such alternate
use shall be given equal credit toward the infiltration volume required
by this section.
(f)
Minimizing groundwater pollution. According to ch. NR 151, Wis.
Admin. Code, infiltration systems designed in accordance with this
section shall, to the extent technically and economically feasible,
minimize the level of pollutants infiltrating to groundwater and shall
maintain compliance with the preventive action limit at a point of
standards application in accordance with ch. NR 140, Wis. Admin. Code.
However, if site-specific information indicates that compliance with
the preventive action limit is not achievable, the infiltration system
may be not installed or shall be modified to prevent infiltration
to the maximum extent practicable.
(7)
Protective areas.
(a)
All sites, except those exempted under § 163-7D, shall be designed to maintain a protective area of the following minimum protective area widths:
[1]
For outstanding resource waters and exceptional resource waters,
and for wetlands in areas of special natural resource interest as
specified in s. NR 103.04, 75 feet.
[2]
For perennial and intermittent streams identified on a United
States geological survey 7.5-minute series topographic map, or a county
soil survey map, whichever is more current, 50 feet.
[3]
For lakes, 50 feet.
[4]
For highly susceptible wetlands, 50 feet. Highly susceptible
wetlands include the following types: fens, sedge meadows, bogs, low
prairies, conifer swamps, shrub swamps, other forested wetlands, fresh
wet meadows, shallow marshes, deep marshes and seasonally flooded
basins. Wetland boundary delineations shall be made in accordance
with s. NR 103.08(1m). This subsection does not apply to wetlands
that have been completely filled in accordance with all applicable
state and federal regulations. The protective area for wetlands that
have been partially filled in accordance with all applicable state
and federal regulations shall be measured from the wetland boundary
delineation after fill has been placed.
[5]
For less susceptible wetlands, 10% of the average wetland width,
but no less than 10 feet, nor more than 30 feet. Less susceptible
wetlands include degraded wetlands dominated by invasive species such
as reed canary grass; cultivated hydric soils; and any gravel pits,
dredged material or fill material disposal sites that take on the
attributes of a wetland.
[6]
For concentrated flow channels with drainage areas greater than
130 acres, 10 feet.
[7]
In Subsection B(7)(a)[1], [4] and [5], determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in s. NR 103.03, Wis. Adm. Code.
(b)
The following requirements shall be met in protective areas:
[1]
Impervious surfaces shall be kept out of the protective area
to the maximum extent practicable. The stormwater management plan
shall contain a written site-specific explanation for any parts of
the protective area that are disturbed during construction.
[2]
Where land-disturbing construction activity occurs within a
protective area, and where no impervious surface is present, adequate
sod or self-sustaining vegetative cover of 70% or greater shall be
established and maintained. The adequate sod or self-sustaining vegetative
cover shall be sufficient to provide for bank stability, maintenance
of fish habitat and filtering of pollutants from upslope overland
flow areas under sheet flow conditions. Nonvegetative materials, such
as rock riprap, may be employed on the bank as necessary to prevent
erosion, such as on steep slopes or where high velocity flows occur.
[3]
Best management practices, such as filter strips, swales, or
wet detention basins, that are designed to control pollutants from
nonpoint sources may be located in the protective area.
C.
Stormwater management goals. The following standards shall be met
whenever possible, and proposed design, suggested location and implementation
of practices to meet these goals shall be included in plans:
(1)
For existing development, design practices to retain soil particles
greater than 40 microns on the site (twenty-percent reduction) resulting
from a one-year twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension.
(2)
For street reconstruction, design practices to retain soil particles
greater than 20 microns on the site (forty-percent reduction) resulting
from a one-year, twenty-four-hour storm event, according to approved
procedures, and assuming no sediment resuspension.
D.
Control measures. All water runoff control measures shall require approval of the Village Engineer. Control measures may include, but are not limited to, infiltration basins, detention ponds, and swales. In addition to the following technical standards referred to in § 163-4, control measures installed within the Village must be designed and constructed according to the following standards:
(1)
All slopes shall be at least 4:1 or flatter (four feet horizontal
to one foot vertical).
Notwithstanding any other provisions of this chapter, it shall be a violation of this chapter for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in § 163-17. Erosion and runoff is excessive when in the opinion of the Village Engineer or Building Inspector an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Cottage Grove is otherwise threatened or harmed.
A.
When the Village Board determines, based on a drainage study conducted and prepared by a qualified professional engineer, that off-site water runoff control measures best serve the interests of the public and the environment, then the Board may allow or require off-site water runoff control as a condition of approval of a land disturbance permit. When off-site water runoff control is permitted or required as specified in § 163-11B(4), prior to final approval by the Board, the permit applicant shall obtain written permission from any and all property owners who would experience increases in the amount of water runoff entering their land from a two-, a ten-, or a one-hundred-year, twenty-four-hour design storm or whose property is threatened by virtue of additional soil saturation. The Village Board will act on behalf of any and all affected public lands, public drainageways, storm sewers or other public waterways.
B.
Developments served by off-site stormwater management facilities
will be charged a fee-in-lieu of detention. Fees-in-lieu will be set
by the Village and based on the level of service provided to the applicant
by the off-site facility.
C.
Off-site stormwater management is only allowed when all of the following
conditions for the off-site facility are met:
D.
Permit applicants may be required to install and maintain temporary facilities designed to meet the standards of this chapter, if an off-site facility that will serve the proposed development is planned but does not yet meet the conditions of Subsection C. Temporary facilities must be maintained by the applicant until that time that the off-site facility meets the conditions of Subsection C. Applicants required to install and maintain temporary facilities will also be charged a fee-in-lieu.
A.
Appeals.
(1)
Any person aggrieved by any decision of the Village Agent pursuant
to this chapter may appeal to the Zoning Board of Appeals. Such appeal
shall be taken within 30 days after the challenged decision. Notice
of appeal setting forth the specific grounds for the appeal shall
be filed with the Village Clerk. A fee of an amount set by the Village
in the annual fee schedule resolution must accompany any appeal request
involving a land-disturbing activity. The Zoning Administrator shall
forthwith transmit to the Zoning Board of Appeals the record upon
which the action appealed from was taken.
(2)
The Zoning Board of Appeals shall publish a Class 2 notice thereof
under ch. 985, Wis. Stats., as well as give due notice to the parties
in interest. The Board shall hear and decide variance and appeal requests
within 30 days of receipt of written request and payment of the appeal
fee. Upon the hearing any party may appear in person or by agent or
attorney.
(3)
The Zoning Board of Appeals may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order, requirement, decision or determination appealed from and may
make such order, requirement decision or determination as ought to
be made, and shall have all the powers of the officer from whom the
appeal is taken.
(4)
The concurring vote of a majority of the Zoning Board of Appeals
shall be necessary to reverse the decision of the Village Engineer.
B.
Variances.
(1)
An applicant may include in the application a request for a variance from the requirements of § 163-10 or § 163-11. No variance shall be granted unless the applicant demonstrates and the Village Engineer, in consultation with the Zoning Administrator, finds that all of the following conditions are present:
(a)
Enforcement of the standards set forth in this chapter will
result in unnecessary hardship to the landowner;
(b)
The hardship is due to exceptional physical conditions unique
to the property;
(c)
Granting the variance will not adversely affect the public health,
safety or welfare, nor be contrary to the spirit, purpose and intent
of this chapter;
(d)
The project will have no impact upon any of the stated purposes of this chapter as set forth in § 163-1C;
(e)
The applicant has proposed an alternative to the requirement
from which the variance is sought that will provide equivalent protection
of the public health, safety and welfare, the environment and public
and private property;
(f)
The net cumulative effect of the variance will not impact downstream
conditions; and
(g)
Existing regional facilities are shown to meet the performance
standards of this chapter.
(2)
If all of the conditions set forth in Subsection B(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.
(3)
A variance from the provisions of § 163-11B(1) and (2) may only be granted if:
(a)
The applicant has met the requirements of § 163-14B(1); and
(b)
The applicant will be denied all reasonable and beneficial use
of the property if the variance is denied.
(4)
A person aggrieved by a variance determination by the Village Engineer and/or Zoning Administrator may appeal the decision to the Zoning Board of Appeals pursuant to Subsection B(1).
(5)
A person aggrieved by a decision of the Zoning Board of Appeals regarding
a variance may appeal that decision to Dane County Circuit Court.
A.
Major. The application fee for a major land-disturbing activity permit shall be an amount set by Village in the annual fee schedule resolution, of which a portion will cover administration and inspections, and the remainder will be a deposit which is refundable unless violations occur and have to be taken care of by the Village. In addition to this fee, before any permit will be issued, the applicant must pay the actual engineering fees or expenses incurred by the Village in connection with review of the control plan and the engineering fees or expenses estimated to be incurred for on-site inspection during the project. Where plat or certified survey map review fees are paid pursuant to Chapters 23, 274 and 325 of the Village Ordinances for the same project covered by the proposed land-disturbing activity permit, then the application fee will be waived. Where the application fee is waived, the applicant must still pay engineering and inspection fees and expenses; however, such fees and expenses shall not be duplicative of any engineering or inspection fees paid in connection with plat or certified survey map approval.
B.
Minor. The application fee for a minor land-disturbing activity permit
shall be an amount set by the Village in the annual fee schedule resolution,
of which a portion will cover administration and inspections, and
the remainder will be a deposit, which is refundable unless violations
occur and have to be taken care of by the Village.
C.
Village activity. No permit or fees are required for Village activity.
D.
The permit fee shall be payable at the time an application for either
an erosion control or a stormwater management permit, or both, is
submitted.
A.
Stop-work order.
(1)
Whenever the Village Agent finds any noncompliance with the provisions
of this chapter, the Village Agent shall attempt to communicate with
the owner or person performing the work to obtain immediate and voluntary
compliance if such person is readily available. If the owner or person
performing the work is not readily available, that person refuses
to voluntarily comply immediately or the noncompliance presents an
imminent danger or will cause or threatens to cause bodily injury
or damage to off-site property, including, but not limited to off-site
runoff, the Village Agent shall post in a conspicuous place on the
premises, a stop-work order which shall cause all activity not necessary
to correct the noncompliance to cease until noncompliance is corrected.
(2)
The stop-work order shall provide the following information: date
of issuance, an adequate identification of the property subject to
the stop-work order, reason for posting and the signature of the inspector
posting the card.
(3)
It shall be a violation of the chapter for the unauthorized removal
of the stop-work order from the premises.
B.
In addition to posting a stop-work order, the Village Agent shall
provide notification to the owner or contractor by personal service,
written notice by certified mail, or facsimile transmission.
(1)
The permittee, landowner and contractor shall have 24 hours from
the time and date of notification by the Village Agent to correct
any noncompliance with the plan when notification is by either personal
communication of noncompliance to the owner or contractor or their
respective agents or written notice sent by certified mail to the
owner or contractor.
C.
If any noncompliance is not corrected within the time periods specified in Subsection B(1) or (2), the permittee and landowner authorize the Village Agent to take any action, to perform any work, or commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the authority for the total costs and expenses of the aforementioned actions; said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.
D.
If the permittee has filed an appeal under § 163-14A prior to the expiration of the time for compliance under § 163-16B, the Village Agent may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
E.
Revocation of permit. Where a stop-work order has been issued in order to obtain compliance with a control plan and the permittee does not cease the illegal activity or obtain compliance with the control plan or permit conditions within the time period specified in Subsection B(1) or (2), the Village may revoke the permit issuance of the stop-work order. Permits for major land-disturbing activities may be revoked by the Village Engineer or his designee; permits for minor land-disturbing activities may be revoked by the Erosion Control Officer, Building Inspector or Village Engineer.
F.
Private remedies preserved. These enforcement provisions are not
intended in any way to restrict or limit the rights of private parties
to pursue whatever private legal remedies they may have available
as a result of any erosion, sediment or water runoff.
A.
Any person or persons, firm, company or corporation, owner, occupant
or other user of the premises who violates, disobeys, omits, neglects
or refuses to comply with or resists the enforcement of any of the
provisions of this chapter shall be subject to a forfeiture of not
less than $200 nor more than $2,000 plus the actual costs of prosecution
for each offense for major land-disturbing activities, and not less
than $50 nor more than $500, plus the actual costs of prosecutions
of each offense, for minor land-disturbing activities. Each day that
a violation exists shall constitute a separate offense.
B.
Any person who has the ability to pay any forfeiture entered against
him or her under this chapter but refuses to do so may be confined
in the county jail until such forfeiture is paid, but in no event
to exceed 30 days. In determining whether an individual has the ability
to pay a forfeiture, all items of income and all assets may be considered
regardless of whether or not such income or assets are subject to
garnishment, lien or attachment by creditors.
C.
As a substitute for or as an addition to forfeiture actions under Subsection A or corrective action under § 163-16C, the Village Attorney is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village Attorney to take corrective action or prosecute for forfeiture before resorting to injunctive relief.
