[HISTORY: Adopted by the Village Board of the Village of New Glarus 12-3-2002 by Ord. No. 02-10. Amendments noted where applicable.]
This chapter is adopted under the authority granted by § 61.354, Wis. Stats., for villages. This chapter supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 61.354 Wis. Stats., § 61.35, Wis. Stats., applies to this chapter and to any amendments to this chapter.
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
The Village of New Glarus hereby designates the Village Administrator or designee to administer and enforce the provisions of this chapter.
The requirements of this chapter do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Village of New Glarus finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of New Glarus.
It is the purpose of this chapter to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the Village of New Glarus.
This chapter applies to land-disturbing construction activity, except as provided under Subsection A(2), that meets any of the following:
Disturbs 4,000 square feet or more of total land surface area.
Involves excavating or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material.
Disturbs 100 linear feet of road ditch, grassed waterway or other land area where surface drainage flow 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.
This chapter does not apply to the following:
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, in the opinion of the Village Administrator, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
Jurisdiction. This chapter applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the Village of New Glarus, as well as the extraterritorial division of land subject to an ordinance enacted pursuant to § 236.45(2) and (3), Wis. Stats.
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the Office of District Attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
Design criteria, standards and specifications. All drainage facilities and practices required to comply with this chapter shall incorporate technical standards and design methods specified in the document "Village of New Glarus Erosion Control and Stormwater Management Requirements," maintained and periodically updated by the Village Administrator. Where not superseded by stricter requirements in the Village of New Glarus Erosion Control and Stormwater Management Requirements, the following standards are also incorporated by reference:
Applicable design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222, November 1993 Revision.
Other design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
Responsible party. The entity holding fee title to the property shall be responsible for either developing and implementing an erosion and sediment control plan or causing such plan to be developed and implemented through contract or other agreement. This plan shall be developed in accordance with § 135-8, that incorporates the requirements of this section.
Plan. A written plan shall be developed in accordance with § 135-8 and implemented for applicable land development activities.
Erosion and sediment control performance standards. All drainage facilities and practices required to comply with this chapter shall meet performance standards specified in the document "Village of New Glarus Erosion Control and Stormwater Management Requirements," maintained and periodically updated by the Village Administrator.
Alternate requirements. The Village Administrator may establish erosion and sediment control requirements more stringent than those set forth in the Village of New Glarus Erosion Control Stormwater Management Requirements, if the Village Administrator determines that an added level of protection is needed to address downstream stormwater management issues.
Permit required. No responsible party may commence a land-disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Village Administrator.
Permit application and fees. The responsible party desiring to undertake a land-disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 135-6. The applicant shall also pay an application fee to the Village Administrator consistent with a fee schedule maintained on file by the Village Administrator. By submitting an application, the applicant is authorizing the Village Administrator to enter the site to obtain information required for the review of the erosion and sediment control plan.
Review and approval of permit application. The Village Administrator shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
Within 30 business days of the receipt of a complete permit application, as required by Subsection B, the Village Administrator shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this chapter.
If the permit application and plan are approved, the Village Administrator shall issue the permit.
If the permit application or plan is disapproved, the Village Administrator shall state in writing the reasons for disapproval.
The Village Administrator may request additional information from the applicant. If additional information is submitted, the Village Administrator shall have 10 business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Surety bond. As a condition of approval and issuance of the permit, the Village Administrator may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion control plan and any permit conditions.
Permit requirements. All permits shall require the responsible party to:
Notify the Village Administrator 48 hours prior to commencing any land-disturbing construction activity.
Notify the Village Administrator of completion of any BMPs within five days after their installation.
Obtain permission in writing from the Village Administrator prior to any modification pursuant to § 135-8B of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site erosion control log and remove accumulated sediment from downstream culverts, storm sewers, and other drainage facilities.
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods and at least once each week, make needed repairs and document the findings of the inspections in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
Allow the Village Administrator to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan and keep a copy of the erosion and sediment control plan at the construction site.
Permit duration. Permits issued under this section shall be valid for a period of 180 days or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Village Administrator may extend the period one or more times for up to an additional 180 days. The Village Administrator may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this chapter.
Maintenance. The responsible party, throughout the duration of the construction activities, shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
Plan requirements. An erosion and sediment control plan shall be prepared and submitted to the Village Administrator. The erosion and sediment control plan shall include, at a minimum, information required in the Village of New Glarus Erosion Control and Stormwater Management Requirements, maintained and periodically updated by the Village Administrator.
Amendments. The applicant shall amend the plan if any of the following occur:
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The Village Administrator notifies the applicant of changes needed in the plan.
The fees referred to in other sections of this chapter shall be established by the Village Administrator and may from time to time be modified by resolution. A schedule of the fees established by the Village Administrator shall be available for review at the office of the Village Administrator.
If land-disturbing construction activities are being carried out without a permit required by this chapter, the Village Administrator may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
The Village Administrator may post a stop-work order if any of the following occurs:
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Village Administrator may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Village Administrator, or if a responsible party violates a stop-work order posted under Subsection A, the Village Administrator may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
After posting a stop-work order under Subsection A, the Village Administrator may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this chapter. The Village Administrator may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Village Administrator, plus interest at the rate authorized by the Village Administrator, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Subch. VII of Ch. 66, Wis. Stats.
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.
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
Zoning Board of Appeals. The Zoning Board of Appeals, created pursuant to Chapter 305, Zoning, § 305-100, pursuant to § 61.354(4)(b), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Administrator in administering this chapter, except for cease and desist orders obtained under § 135-11C;
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
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the Village of New Glarus affected by any decision of the Village Administrator.
As used in this chapter, the following terms shall have the meanings indicated:
- ADMINISTERING AUTHORITY
- A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the Village of New Glarus to administer this chapter.
- AGRICULTURAL FACILITIES AND PRACTICES
- Has the meaning given in § 281.16(1), Wis. Stats.
- AVERAGE ANNUAL RAINFALL
- A calendar year of precipitation, excluding snow, which is considered typical.
- BEST MANAGEMENT PRACTICE or BMP
- Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
- BUSINESS DAY
- A day the office of the Village Administrator is routinely and customarily open for business.
- CEASE AND DESIST ORDER
- A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit.
- CONSTRUCTION SITE
- An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
- DIVISION OF LAND
- A subdivision or minor subdivision as defined by Village of New Glarus Subdivision Regulations.
- The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
- The unincorporated area within 1.5 miles of the corporate limits.
- FINAL STABILIZATION
- All land-disturbing construction activities at the construction site have been completed and a uniform perennial vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
- GOVERNING BODY
- Town board of supervisors, county board of supervisors, city council, village board of trustees or village council.
- LAND-DISTURBING CONSTRUCTION ACTIVITY
- Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land-disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
- MEP or MAXIMUM EXTENT PRACTICABLE
- A level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues, such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.
- PERFORMANCE STANDARD
- A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
- A written authorization made by the Village Administrator to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
- Has the meaning given in § 283.01(13), Wis. Stats.
- Has the meaning given in § 281.01(10), Wis. Stats.
- RESPONSIBLE PARTY
- The entity holding fee title to the property.
- Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
- Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
- SEPARATE STORM SEWER
- A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which is designed or used for collecting and conveying stormwater runoff and is not part of a combined sewer system.
- The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
- STOP-WORK ORDER
- An order issued by the Village Administrator which requires that all construction activity on the site be stopped.
- TECHNICAL STANDARD
- A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
- VILLAGE ADMINISTRATOR
- The Village of New Glarus Village Administrator or designee.
- WATERS OF THE STATE
- Has the meaning given in § 281.01(18), Wis. Stats.