A.
Payment for improvements. The improvements prescribed
in this chapter are required as a condition of approval of a land
division. The required improvements described in this chapter shall
be installed, furnished and financed at the sole expense of the subdivider.
However, in the case of required improvements in a commercial, institutional
or industrial area, the cost of such improvements may, at the sole
discretion of the Town Board, be financed through special assessments.
B.
General standards. The required improvements specified
in this chapter shall be installed in accordance with the engineering
standards and specifications which have been adopted by the Town Board.
Where standards and specifications have not been adopted, the improvements
shall be made in accordance with good engineering practices, approved
prior to the start of construction by the Town Engineer.
A.
Contract. Prior to installation of any required improvements
and prior to approval of the final plat, the subdivider shall enter
into a written contract with the Town requiring the subdivider to
furnish and construct said improvements at his/her sole cost and in
accordance with plans and specifications and usual contract conditions,
which shall include provision for inspection of construction details
by the Town Engineer.
B.
Financial guarantees.
(1)
The agreement shall require the subdivider to make
an escrow deposit or, in lieu thereof, to furnish a performance bond
or irrevocable letter of credit, the amount of the deposit and the
penal amount of the bond or irrevocable letter of credit to be equal
to 1 1/4 times the Town Engineer's estimate of the total cost of the
improvements to be furnished under the contract, including the cost
of inspection.
(2)
On request of the subdivider, the contract may provide
for completion of part or all of the improvements covered thereby
prior to acceptance of the plat, and in such event the amount of the
deposit or bond shall be reduced in a sum equal to the estimated cost
of the improvements so completed prior to acceptance of the plat only.
If the required improvements are not complete within the specified
period, all amounts held under the performance bond shall be turned
over and delivered to the Town and applied to the cost of the required
improvements. Any balance remaining after such improvements have been
made shall be returned to the owner or subdivider. The Town Board,
at its option, may extend the bond period for additional periods not
to exceed two years each period.
(3)
The time for completion of the work and the several
parts thereof shall be determined by the Town Board upon recommendation
of the Town Engineer after consultation with the subdivider. The completion
date shall be a component of the contract.
(4)
The subdivider shall pay the Town for all costs incurred
by the Town for review and inspection of the subdivision. This would
include review, and preparation at the Town Board's discretion, of
plans and specifications by the Town Engineer, Town Planner and Town
Attorney, as well as other costs of a similar nature.
A.
Engineering reports, construction plans and specifications. As required by § 350-10, engineering reports, plans and proposed specifications shall be submitted simultaneously with the filing of the preliminary plat. At the final plat stage, construction plans for the required improvements conforming in all respects with the standards of the Town Engineer and the ordinances of the Town shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Wisconsin, and said plans shall contain his/her seal. Such plans shall be submitted to the Town Engineer for his/her approval and for his/her estimate of the total cost of the required improvements; upon approval they shall become a part of the contract required. Simultaneously with the filing of the final plat with the Town Clerk, or as soon thereafter as practicable, copies of the construction plans and specifications shall be furnished for the following public improvements, with a copy sent to the appropriate sanitary district:
(1)
Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(2)
Sanitary sewer plans and profiles, where applicable,
showing the locations, grades, sizes, elevations and materials of
required facilities.
(3)
Drainage and open channel plans and profiles showing
the locations, grades, sizes, cross sections, elevations and materials
of required facilities.
(4)
Erosion and sedimentation control plans showing those
structures required to retard the rate of runoff water and those grading
and excavating practices that will prevent erosion and sedimentation.
Such plans shall comply with the Town's erosion control regulations.[1]
(5)
Additional special plans or information as required
by Town officials.
B.
Action by the Town Engineer. The Town Engineer shall
review or cause to be reviewed the plans and specifications for conformance
with the requirements of this chapter and other pertinent Town ordinances
and design standards recommended by the Town Engineer and approved
by the Town Board. If the Town Engineer rejects the plans and specifications,
he/she shall notify the owner, who shall modify the plans or specifications
or both accordingly. When the plans and specifications are corrected,
the Town Engineer shall approve the plans and specifications for transmittal
to the Town Board. The Town Board shall approve the plans and specifications
before the improvements are installed and construction commenced.
C.
Other requirements.
(1)
Approval by Engineer. Contracts and contract specifications
for the construction of street and utility improvements on dedicated
street rights-of-way, as well as the contractors and subcontractors
providing such work, shall be subject to the approval of the Town
Engineer.
(2)
Governmental units. Governmental units to which these
bond and contract provisions apply may file, in lieu of said contract
and bond, a letter from officers authorized to act on their behalf
agreeing to comply with the provisions of this section.
(3)
Survey monuments. Before final approval of any plat
within the Town or its extraterritorial jurisdictional limits, the
subdivider shall install survey monuments placed in accordance with
the requirements of § 236.15, Wis. Stats., and as may be
required by the Town Engineer.
D.
Construction and inspection.
(1)
Prior to starting any of the work covered by the plans
approved above, written authorization to start the work shall be obtained
from the Town Engineer upon receipt of all necessary permits and in
accordance with the construction methods of this chapter. Building
permits shall not be issued until all improvements required by this
chapter are satisfactorily completed.
(2)
Construction of all improvements required by this
chapter shall be completed within two years from the date of approval
of the preliminary plat by the Town Board, unless good cause can be
shown for the Town Board to grant an extension.
(3)
During the course of construction, the Town Engineer
shall make, or cause to be made, such inspections as the Town Board
deems necessary to ensure compliance with the plans and specifications
as approved. The owner shall pay the actual cost incurred by the Town
for such inspections. This fee shall be the actual cost to the Town
of inspectors, engineers and other parties necessary to ensure satisfactory
work.
E.
Record plans. After completion of all public improvements
and prior to final acceptance of said improvements, the subdivider
shall make or cause to be made three copies of record plans showing
the actual location of all valves, manholes, stubs, sewers and water
mains and such other facilities as the Town Engineer shall require.
These plans shall be prepared on the original mylars of the construction
plans and shall bear the signature and seal of a professional engineer
registered in Wisconsin. The presentation of the record plans shall
be a condition of final acceptance of the improvements and release
of the surety bond assuring their completion.
The subdivider shall construct streets, roads
and alleys as outlined on the approved plans based on the requirements
of this chapter.
A.
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features, such as streams and existing
tree growth, to public convenience and safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets.
B.
Construction standards. Construction of all streets
shall conform to the current standards as established by the Town
Board and this chapter and shall be subject to approval of the Town
Engineer before acceptance.
C.
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Official Map.
D.
Grading.
(1)
With the submittal of the final plat, the subdivider
shall furnish drawings which indicate the existing and proposed grades
of roads, streets and alleys shown on the plat.
(2)
Proposed grades will be reviewed by the Town Engineer
for conformance with Town standards and good engineering practice.
Street grades require the approval of the Town Board after receipt
of the Town Engineer's recommendations.
(3)
After installation of temporary block corner monuments
by the subdivider and the establishment of street grades by the Town
Engineer, the subdivider shall grade the full width of the right-of-way
of the streets and alleys proposed to be dedicated, including the
vision clearance triangle on corner lots, followed by surfacing required
by this chapter.
(4)
In cases where an existing street right-of-way is
made a part of the plat or abuts the plat, the subdivider shall grade
that portion of the right-of-way between the existing pavement and
the property line.
(5)
The bed for the roadways in the street rights-of-way
shall be graded to subgrade elevation.
(6)
The Town Engineer shall approve all grading within
rights-of-way and said grading shall extend for a sufficient distance
beyond the right-of-way to ensure that the established grade will
be preserved.
(7)
Where electric and other communications or utility
facilities are to be installed underground, the utility easements
shall be graded to within six inches of the final grade by the subdivider,
prior to the installation of such facilities; earth fill piles or
mounds of dirt or construction materials shall not be stored on such
easement areas.
(8)
Cut and filled lands shall be graded to a maximum
slope of 1:4 or the soil's angle of repose, whichever is the lesser,
and covered with permanent vegetation.
E.
Street construction. After the installation of all
utility and stormwater drainage improvements, the subdivider shall
surface all roadways in streets proposed to be dedicated to the widths
prescribed by these regulations and the Comprehensive Plan or Comprehensive
Plan components of the Town. Said surfacing shall be done in accordance
with plans and standard specifications approved by the Town Engineer.
The cost of surfacing in excess of 48 feet in width that is not required
to serve the needs of the subdivision shall be borne by the Town.
F.
Curb and gutter. In all urban subdivisions as defined
herein, the Town Board shall, and in rural subdivisions may, require
the subdivider to construct concrete curb and gutters in accordance
with plans and standard specifications approved by the Town Engineer.
Wherever possible, provision shall be made at the time of construction
for driveway access curb cuts. The cost of installation of all inside
curbs and gutters for dual roadway pavements on the established arterial
street and highway system for the Town shall be borne by the Town.
G.
Rural street sections. When permanent rural street
sections have been approved by the Town Board, the subdivider shall
finish grade all shoulders and road ditches, install all necessary
culverts at intersections and, if required, surface ditch inverts
to prevent erosion and sedimentation in accordance with plans and
standard specifications approved by the Town Engineer and as set forth
in this chapter.
H.
Completion of street construction.
(1)
No building permit shall be issued for the construction
of any residential dwelling until sewer, water, grading and graveling
are installed in the streets necessary to service the property for
which the permit is required.
(2)
The Town Board may issue a waiver of these requirements
in unusual or special circumstances such as excessively severe weather
conditions, heavy construction temporarily in area or construction
material shortages (i.e., cement or asphalt). The issuance of a waiver
shall be at the discretion of the Town Board.
(3)
The subdivider requesting a waiver shall do so in
writing, presenting such information and documentation as required
by the Town Board. The waiver shall be in written form and shall detail
which improvement requirements are temporarily waived and for what
period of time.
A.
In all urban subdivisions, the Town Board shall, and
in rural subdivisions may, require the subdivider to construct a concrete
sidewalk on one side of all frontage streets and on both sides of
all other through and/or continuous streets within the subdivision.
The Town Board may also require the subdivider to construct concrete
sidewalks on one or both sides of all dead-end or cul-de-sac streets
which are in excess of 600 feet in length or which serve two-family
or multiple-family development. The construction of all sidewalks
shall be in accordance with plans and standard specifications approved
by the Town Engineer.
B.
In addition, wider than standard sidewalks may be
required by the Town Board in the vicinity of schools, commercial
areas and other places of public assemblage and the Town Board may
require the construction of sidewalks in locations other than required
under the preceding provisions of this chapter if such walks are necessary,
in its opinion, for safe and adequate pedestrian circulation.
A.
When public sanitary sewerage facilities are available
to the subdivision, such facilities shall be designed and constructed
in accordance with all applicable rules and regulations and approved
by the Town Engineer. When it is proposed to establish a private sanitary
sewerage system to serve two or more lots, the subdivider shall construct
sanitary sewerage facilities in such a manner as to make adequate
sanitary sewerage service available to each lot within the subdivision.[1]
B.
The Town Board may require the installation of sewer
laterals to the street lot line.
C.
The size, type and installation of all sanitary sewers
and sanitary sewer laterals proposed to be constructed shall be in
accordance with plans and standard specifications approved by the
Town Engineer.
D.
Where a sanitary district has been created pursuant
to §§ 60.71 and 60.72, Wis. Stats., for the purpose
of providing and constructing sanitary sewers, such plans and standard
specifications shall be further subject to approval by the sanitary
district board and Town Board.
E.
The subdivider shall assume the cost of installing
all sanitary sewers, sewer laterals and sewer appurtenances within
the proposed subdivision, except for the added cost of installing
sewers greater than 10 inches in diameter which are necessary to serve
tributary drainage areas lying outside of the proposed subdivision.
In addition, the subdivider shall pay to the Town or sanitary district
wherein the subdivision plat is located a sanitary sewer trunk line
connection fee based on the added cost of installing larger sewers
in the total tributary drainage area which shall be prorated in proportion
to the ratio which the total area of the proposed plat is to the total
drainage area to be served by such larger sewers.
F.
The subdivider shall install sanitary sewers in accordance
with this chapter and specifications of the Town Engineer when it
is determined that the proposed subdivision lies within a public sanitary
sewer service area and sanitary sewer facilities are programmed to
be extended to the proposed subdivision within six years. Until such
time as the public sewers within the subdivision can be connected
to the community public sewer system, they shall be temporarily capped.
No private or public use shall be connected to the sewers within the
subdivision until such sewers are connected to the larger community
system. The subdivider shall indicate on the face of the plat that
the owner of private uses within the subdivision shall connect such
uses to the sewers in the subdivision at the time such sewers are
connected to the community sewer system and that the Town is held
harmless for any damages or costs incurred to disconnect and abandon
any on-site sanitary sewer disposal system then in place and any costs
associated with connection to the public sewer mains.
A.
When public water supply and distribution facilities
are available to the subdivision plat or minor land division or when
it is proposed to establish a private water supply and distribution
system to serve two or more lots, the subdivider shall cause such
water supply and distribution facilities to be installed in such a
manner as to make adequate water service available to each lot within
the subdivision or minor land division. The subdivider shall make
provision for adequate private water systems as required by the Town
in accordance with the standards of the Wisconsin Department of Commerce.
B.
The Town Board may require the installation of water
laterals to the street lot line.
C.
The size, type and installation of all public water
mains proposed to be constructed shall be in accordance with plans
and standard specifications approved by the Town Engineer.
D.
The subdivider shall assume the cost of installing
all water mains, water laterals and water system appurtenances within
the proposed subdivision or minor land division, except for the added
cost of installing water mains greater than eight inches in diameter.
E.
The subdivider shall install water mains in accordance
with this chapter and specifications of the Town Engineer when it
is determined that the proposed subdivision or minor land division
lies within a public sanitary sewer service area and water main facilities
are programmed to be extended to the proposed subdivision within six
years. Until such time as the public water mains within the subdivision
or minor land division can be connected to the larger community water
supply system, they shall be temporarily capped. No private or public
use shall be connected to the water mains within the subdivision or
minor land division until such water mains are connected to the larger
community water supply system. The subdivider shall indicate on the
face of the plat that the owner of private uses within the subdivision
or minor land division shall connect such uses to the water mains
within the subdivision or minor land division, and that the Town is
held harmless for any damages or costs incurred to disconnect and
abandon any on-site water supply system then in place and any costs
associated with connection to the public water mains.
F.
Where a sanitary district has been created pursuant
to §§ 60.71 and 60.72, Wis. Stats., for the purpose
of providing and constructing a water supply system or systems, such
plans and specifications shall be further subject to approval by the
sanitary district board and the Town Board.
A.
Pursuant to § 350-41, the subdivider shall provide stormwater drainage facilities adequate to serve the subdivision or minor land division, which may include curb and gutter, catch basins and inlets, storm sewers, road ditches, open channels and water retention structures and settling basins, as may be required. Storm sewers are to be of adequate size and grade to hydraulically accommodate the ten-year storm; culverts shall be designed to accommodate the ten-year storm and shall be sized so that the twenty-five-year frequency storms do not cause flooding of the adjacent roadway. Upon the approval of the Town Engineer, stormwater swales and ditches may be sized for from twenty-five- to one-hundred-year frequency storms, depending upon the estimated amount of damage that would be incurred by adjacent properties if flooding did occur. Storm drainage facilities shall be so designed as to minimize hazards to life or property, and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and specifications approved by the Town Board, upon the recommendation of the Town Engineer. Storm sewers oversized to handle runoff from off-site properties will be installed by the subdivider; however, the cost of oversizing such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed subdivision or minor land division is to the total drainage area to be served by such larger sewer and the excess cost either borne by the Town or assessed against the total tributary drainage area.
B.
Unpaved road ditches and street gutters may be permitted
only within the Town's extraterritorial plat approved jurisdictional
area and shall be shaped and seeded and/or sodded as grassed waterways.
Where the velocity of flow is in excess of four feet per second on
soils having a severe or very severe erosion hazard and in excess
of six feet per second on soils having moderate, slight or very slight
erosion hazard, the subdivider shall install a paved invert or check
dams, flumes or other energy-dissipating devices.
C.
Drainage facilities shall, if required, include water
retention/detention structures and settling basins so as to prevent
erosion and sedimentation where such facilities discharge into streams
or lakes. The design criteria, the size, type, grades and installation
of all stormwater drains and sewers and other cross section, invert
and erosion control paving check dams, flumes or other energy-dissipating
structures and seeding and/or sodding of open channels and unpaved
road ditches proposed to be constructed shall be in accordance with
the plans and standard specifications approved by the Town Engineer.
D.
Where a sanitary district has been created pursuant
to §§ 60.71 and 60.72, Wis. Stats., for the purpose
of providing and constructing surface drainage facilities, storm sewers
or other drainage improvements, such plans and standard specifications
shall be further subject to approval by the sanitary district board.
E.
The subdivider shall assume the cost of installing
all storm sewers within the proposed subdivision, except for the added
cost of installing storm sewers greater than 24 inches in diameter
which are necessary to serve tributary drainage areas lying outside
of the proposed subdivision. In addition, the subdivider shall pay
to the Town or sanitary district wherein the subdivision is located
a storm sewer trunk line connection fee based on the added cost of
installing larger sewers in the total tributary drainage area which
shall be prorated in proportion to the ratio which the total area
of the proposed plat is to the total drainage area to be served by
such larger sewers.
A.
The subdivider shall cause gas, electrical power and
telephone facilities to be installed in such a manner as to make adequate
service available to each lot in the subdivision, certified survey
or land division. All new electrical distribution television cables
and telephone lines from which lots are individually served shall
be underground unless the Town Board specifically allows overhead
poles for the following reasons:
B.
Plans indicating the proposed location of all gas,
electrical power and telephone distribution and transmission lines
required to service the plat shall be approved by the Town Board and
such map shall be filed with the Town Clerk.
The subdivider shall install streetlamps along
all streets proposed to be dedicated of a design compatible with the
neighborhood and type of development proposed as determined by the
Town Engineer. Such lamps shall be placed at each street intersection
and at such interior block spacing as may be required by the Town
Board, upon the recommendation of the Town Engineer.
The subdivider shall install at the intersections
of all streets proposed to be dedicated a street name sign of a design
and installation specified by the Town Engineer.
A.
Findings and purpose.
(1)
Findings. The Town of Trenton finds runoff from construction
sites carries a significant amount of sediment and other pollutants
to the waters of the state and this Town.
(2)
Purpose. It is the purpose of this section to:
(a)
Preserve the natural resources;
(b)
Protect the quality of the water of the state
and the Town of Trenton; and
(c)
Protect and promote the health, safety and welfare
of the people, to the extent practicable, by minimizing the amount
of sediment, topsoil and other pollutants carried by runoff or discharged
from construction sites to lakes, streams and wetlands.
B.
BEST MANAGEMENT PRACTICE
BMP HANDBOOK
EROSION
EROSION CONTROL PLAN/EROSION CONTROL PLAN STATEMENT
LAND DEVELOPMENT ACTIVITY
LAND DISTURBING ACTIVITY
LANDOWNER
LAND USER
RUNOFF
SITE
STABILIZE
TOWN PERSONNEL/AUTHORIZED PERSONNEL
WATERS OF THE STATE
WORKING DAY
Definitions. For the purpose of this chapter, and
specifically within the context of this section, terms used shall
have the following meaning:
A practice or combination of practices to control erosion
and attendant pollution, as defined in the BMP Handbook.
The most recent edition of the Wisconsin Department of Natural
Resource's Wisconsin Construction Best Management Practices Handbook.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
A written description of the number, locations, size, and
other pertinent information about best management practices designed
to meet the requirements of this chapter.
The construction or demolition of buildings, roads, parking
lots, paved storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetation cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops, growing and tending of gardens, and harvesting
of trees.
Any person holding title to or having an interest in land.
A person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his/her land.
The rainfall, snow melt, dewatering or irrigation water flowing
over the ground surface.
The entire area included in the legal description of the
parcel or other land division on which the land development or land
disturbing activity is proposed in the permit application.
To make the site steadfast or firm, minimizing soil movement
by mulching and seeding, sodding, landscaping, concrete, gravel or
other measure.
Employees or agents of the Town of Trenton authorized to
implement provisions of this section of the Town of Trenton Code.
All lakes, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface
water or groundwater, natural or artificial, public or private, within
the state or its jurisdiction.
A calendar day, except Saturdays, Sundays and legal holidays
recognized by the Town of Trenton.
C.
Design criteria; standards and specifications for
best management practices. All best management practices required
to comply with this section shall meet the design criteria, standards
and specifications set forth in the BMP Handbook or as approved by
the Plan Commission or the Town Board.
D.
Maintenance of best management practices. All best
management practices necessary to comply with the requirements of
this section shall be maintained by the applicant or subsequent landowner
during the period of land disturbance and development of the site
in a satisfactory manner to ensure adequate performance and to prevent
nuisance conditions. The standards for maintenance of best management
practices shall be as set forth in the BMP Handbook, or as approved
by the Plan Commission or Town Board.
E.
Control of erosion and pollutants during land development
and land disturbing activities.
(1)
Applicability. This section applies to the following
sites of land development or land disturbing activities:
(a)
Those requiring a subdivision plat approval
or the construction of houses or commercial, industrial or institutional
buildings on lots of approved subdivision plats;
(b)
Those requiring a certified survey approval
or the construction of houses or commercial, industrial or institutional
buildings on lots of approved certified surveys;
(c)
Those involving grading, removal of protective
ground cover or vegetation, demolition, excavation, land filling or
other land disturbing activity affecting a surface area of 4,000 square
feet or more;
(d)
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;
(e)
Those involving street, highway, road or bridge
construction, enlargement, relocation and reconstruction;
(f)
Those involving the laying, repairing, replacing
or enlarging of any underground pipe or facility for a continuous
distance of 300 feet or more; and
(g)
Those involving grading, removal of protective
ground cover or vegetation, excavation, demolition, landfilling or
other land disturbing activity on slopes of 12% or more.
(2)
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection E(1):
(a)
Site dewatering. Water pumped from the site
shall be created by sediment basins or other appropriate best management
practices specified in the BMP Handbook. Water may not be discharged
in a manner that causes erosion of the site, adjacent sites, or receiving
channels.
(b)
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
and not allowed to be carried off site by runoff or wind.
(c)
Tracking. Each site shall have graveled roads,
access drives and parking areas of sufficient width and length to
prevent sediment from being tracked onto public or private roadways.
Any sediment reaching a public or private road shall be removed by
street cleaning, to the satisfaction of the Town, before the end of
each workday. Flushing may not be used unless sediment will be controlled
by a sediment basin or other appropriate best management practice
specified in the BMP Handbook.
(d)
Drain inlet protection. All stormwater inlets
shall be protected with a straw bale, filter fabric, or equivalent
barrier as specified by the Board of Public Works (or its equivalent
or designee).
(e)
Sediment cleanup. All off-site sediment deposits
occurring as a result of a storm event shall be cleaned up by the
end of the next workday. All other off-site sediment deposits occurring
as a result of construction activities shall be cleaned up by the
end of the workday.
(f)
Site erosion control. The following criteria in Subsection E(2)(f)[1] to [6] below apply only to the land development or land disturbing activities that result in runoff leaving the site:
[1]
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 in Subsection
E(2)(f)[3][c] below. Sheet flow 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 foot per second across the disturbed area for a ten-year, twenty-four-hour
storm as defined in the BMP Handbook. Diverted runoff shall be conveyed
in a manner that will not erode the conveyance and receiving channels.
For allowable velocities in different types of channels, Soil Conservation
Service guidelines shall be followed.
[2]
All activities on the site shall be conducted
in a logical sequence to minimize the area of bare soil exposed at
any one time.
[3]
Runoff from the entire disturbed area on the
site shall be controlled by meeting either Subsection E(2)(f)[3][a]
and [b] or [a] and [c] of this subsection:
[a]
All disturbed ground left inactive
for seven or more days shall be stabilized by temporary or permanent
seeding, temporary or permanent seeding and mulching, sodding, covering
with tarps, or equivalent best management practices. If temporary
seeding is used, a permanent cover shall also be required as part
of the final site stabilization. Seeding or sodding shall be required
as part of the final site stabilization. Seeding or sodding shall
be conducted as specified in the BMP Handbook or by the Board of Public
Works (or its equivalent or designee). Variances from the requirements
of this subsection may be granted by the Building Inspector or his/her
agent or designee upon application, but only if the failure to comply
is due to extended periods of rain or other construction delays beyond
the control of the responsible party.
[b]
For sites with 10 or more acres
disturbed as one time, or if a channel originates in the disturbed
area, one or more sediment basins shall be constructed. Each sediment
basin shall be designed and constructed as specified in the BMP Handbook.
[c]
For sites with less than 10 acres
disturbed at one time, filter fences, straw bales, or equivalent best
management practices shall be placed along all sideslope and downslope
sides of the site. If a channel or area of concentrated runoff passes
through the site, filter fences shall be placed along the channel
edges to reduce sediment reaching the channel.
[4]
Sites with slopes of 12% or more may require additional or different controls than listed in Subsection E(2)(f)[3] above. Requirements for such slopes shall be as specified by the Board of Public Works (or its equivalent or designee).
[5]
Whenever possible, soil or dirt storage piles
shall be located a minimum of 25 feet from any downslope road, lake,
stream, wetland, or drainage channel. Straw bale or filter fabric
fences shall be placed on the downslope side of the piles. If remaining
for more than 30 days, piles shall be stabilized by mulching, vegetative
cover, tarps or other means. The Town may require additional or different
best management practices for piles located closer than 25 feet to
a road, lake, stream, wetland or drainage channel.
[6]
When the disturbed area has been stabilized
by permanent vegetation or other means, temporary best management
practices such as filter fabric fences, straw bales, sediment and
sediment traps shall be removed.
F.
Permit application, erosion control plan, and permit
issuance on lands other than street rights-of-way; municipal easements.
(1)
Erosion control plan approval. No landowner or land
user may commence a land development or land disturbing activity subject
to this chapter without receiving prior approval of an erosion control
plan for the site and a permit from the Building Inspector or his/her
agent or designee. At least one landowner or land user controlling
or using the site and desiring to undertake a land development or
land disturbing activity subject to this chapter shall submit an application
for an erosion control permit and a control plan and pay an application
fee to the Building Inspector or his/her agent or designee. By submitting
an application, the applicant is authorizing the Town or other agent
authorized by the Town to enter the site to obtain information required
for the review of the erosion control plan.
(2)
Content of the erosion control plan for land development
and land disturbing activities covering one or more acres:
(a)
Existing site map. A map of existing site conditions
on a scale of at least one inch equals 100 feet showing the site and
immediately adjacent areas extending at least 200 feet in each direction:
[1]
Site boundaries and adjacent lands which accurately
identify site location;
[2]
Lakes, streams, wetlands, ditches and other
watercourses and immediately adjacent to the site;
[3]
One-hundred-year floodplains, flood fringes
and floodways;
[4]
Location of the predominant soil types;
[5]
Vegetative cover;
[6]
Location and dimensions of stormwater drainage
systems and natural drainage patterns on and immediately adjacent
to the site and the size, slope and land cover of upslope drainage
areas, peak discharge, velocities, direction and destination of flows;
[7]
Locations and dimensions of utilities, structures,
roads, highways, and paving;
[8]
Site topography at a contour interval not to
exceed five feet; and
[9]
Name, address and daytime telephone number of
the applicant and the person responsible for maintenance of best management
practices.
(b)
Plan of final site conditions. A plan of final
site conditions on the same scale as the existing site map showing
the site changes.
(c)
Site construction plan. A site construction
plan including:
[1]
Locations and dimensions of all proposed land
development and land disturbing activities;
[2]
Locations and dimensions of all temporary soil
or dirt stockpiles;
[3]
Locations and dimensions of all best management
practices necessary to meet the requirements of this chapter;
[4]
Schedule of anticipated starting and completion
dates of each land development or land disturbing activity, including
the installation of best management practices needed to meet the requirements
of this chapter;
[5]
Provisions for maintenance of best management
practices during construction; and
[6]
Description of vegetation and other materials
to be used to stabilize the site, including a schedule for installation
and maintenance.
(3)
Content of erosion control plan statement for land
development and land disturbing activities less than one acre. An
erosion control plan statement (with simple map) shall be submitted
to briefly describe:
(a)
Property boundaries and areas to be disturbed;
(b)
Direction of slopes before and after development;
(c)
Existing and proposed buildings and other improvements;
(d)
Size of upslope drainage areas;
(e)
Development schedule;
(f)
Best management practices necessary to meet
the requirements of this chapter;
(g)
Description of vegetation and other materials
to be used to stabilize the site, including a schedule for installation
and maintenance; and
(h)
Name, address and daytime telephone number of
the applicant and the person responsible for maintenance of best management
practices.
(4)
Review of erosion control plans.
(a)
Erosion control plans for sites of one or more
acres of land development or land disturbing activity. Within 60 working
days of receipt of the application, control plan, and fee, the Plan
Commission shall review the application and control plan to determine
if the requirements of this chapter are met. If the requirements of
this chapter are met, the Plan Commission shall approve the plan,
inform the applicant and approve the issuance of a permit. If the
conditions are not met, the Plan Commission or its designee shall
inform the applicant(s) in writing and may either require needed information
or disapprove the plan. Within 30 working days of receipt of needed
information, the Plan Commission shall again determine if the plan
meets the requirements of this chapter. If the plan is disapproved,
the Plan Commission shall inform the applicant in writing of the reasons
for disapproval.
(b)
Erosion control plans for sites of less than
one acre of land development or land disturbing activity. Within 20
working days of receipt of the application, control plan and fee,
the Building Inspector or his/her agent or designee shall review the
application and control plan statement to determine if the requirements
of this chapter are met. The Building Inspector or his/her agent or
designee may turn the request over to the Plan Commission for approval,
if he/she so chooses. If the requirements of this chapter are met,
the Building Inspector or his/her agent or designee shall approve
the plan, inform the applicant and issue a permit. If the conditions
are not met, the Building Inspector or his/her agent or designee shall
inform the applicant in writing and may either require needed information
or disapprove the plan. Within 10 working days of receipt of needed
information, the Building Inspector or his/her agent or designee shall
again determine if the plan meets the requirements of this chapter.
If the plan is disapproved, the Building Inspector or his/her agent
or designee shall inform the applicant in writing of the reasons for
disapproval.
(c)
Permit issuance conditioned upon erosion control
permit. No building inspection permit or footing and foundation permit
shall be issued for a site subject to this chapter without an erosion
control permit.
(5)
Erosion control permits.
(a)
Duration. Erosion control permits shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The Building Inspector or his/her agent or designee may
extend the period one or more times for up to an additional 180 days.
The Building Inspector or his/her agent or designee may require additional
best management practices as a condition of the extension if they
are necessary to meet the requirements of this chapter.
(b)
Surety bond. As a condition of approval and
issuance of the permit, the Town may require the applicant to deposit
a surety bond, irrevocable letter of credit, or cash escrow to guarantee
a good faith execution of the approved erosion control plan and any
permit conditions.
(c)
Permit conditions. All erosion control permits
shall require the permittee to:
[1]
Notify the Town within two working days of commencing
any land development and land disturbing activity;
[2]
Notify the Town of completion of any best management
practices within the next working day after their installation;
[3]
Obtain permission in writing from the Building
Inspector or his/her agent or designee prior to modifying the erosion
control plan;
[4]
Install all best management practices as identified
in the approved erosion control plan;
[5]
Maintain all road drainage systems, stormwater
drainage systems, best management practices and other facilities in
the erosion control plan;
[6]
Repair any siltation or erosion damage to adjoining
surfaces and drainageways resulting from land development or land
disturbing activities;
[7]
Inspect the best management practices after
each rain or 0.5 inch or more and at least once each week and make
needed repairs;
[8]
Allow Town personnel or other agents authorized
by the Town to enter the site for the purpose of inspecting compliance
with the erosion control plan or for performing any work necessary
to bring the site into compliance with the erosion control plan; and
[9]
Keep a copy of the erosion control plan on the
site.
(6)
Tree cutting. Tree cutting and shrubbery clearing
shall not exceed 30% of the lot or tract and shall be so conducted
as to prevent erosion and sedimentation, preserve and improve scenic
qualities and, during foliation, substantially screen any development
from stream or lake users.
(7)
Paths and trails. Paths and trails in wooded and wetland
areas shall not exceed 10 feet in width unless otherwise approved
by the Plan Commission and shall be so designed and constructed as
to result in the least removal and disruption of trees and shrubs
and the minimum impairment of natural beauty.
(8)
Earthmoving. Earthmoving, such as grading, topsoil
removal, mineral extraction, stream course changing, road cutting,
waterway construction or enlargement, removal of stream or lake bed
materials, excavation, channel clearing, ditching, drain tile laying,
dredging and lagooning, shall be so conducted as to prevent erosion
and sedimentation and to least disturb the natural fauna, flora, watercourse,
water regimen and topography.
(9)
Review by other agencies. Review of the conduct of
such cutting, clearing and moving may be requested of the County Soil
and Water Conservation District Supervisors, the State District Fish
and Game Managers and the State District Forester by the Town Engineer
or Plan Commission as he or it deems appropriate.
When the land included in a subdivision plat
or certified survey map abuts upon or is adjacent to land used for
farming or grazing purposes, the subdivider shall erect (at the request
of the adjacent property owner), keep, and maintain (his portion under
state law) partition fences, satisfying the requirements of the Wisconsin
Statutes for a legal and sufficient fence, between such land and the
adjacent land. A covenant binding the developer, its grantees, heirs,
successors, and assigns to erect and maintain such fences, without
cost to the adjoining property owners, so long as the land is used
for farming or grazing purposes, shall be included upon the face of
the final plat or certified survey map.
A.
Utility easements. The Town Board, on the recommendation
of appropriate departments and agencies serving the Town, shall require
utility easements for poles, wires, conduits, storm and sanitary sewers,
gas, water and head mains or other utility lines. It is the intent
of this chapter to protect all established easements so as to assure
proper grade, assure maintenance of the established grade, prohibit
construction of permanent fences or retaining walls over underground
installation and prevent the planting of trees in the easement area.
B.
Drainage easements.
(1)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream:
(a)
There shall be provided a stormwater easement
or drainage right-of-way conforming substantially to the lines of
such watercourse and such further width or construction, or both,
as will be adequate for the purpose and as may be necessary to comply
with this section; or
(b)
The watercourse, drainageway, channel or stream
may be relocated in such a manner that the maintenance of adequate
drainage will be assured and the same provided with a stormwater easement
or drainage right-of-way conforming to the lines of the relocated
watercourse, and such further width or construction, or both, as will
be adequate for the purpose and may be necessary to comply with this
section.
(2)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume flow. In all cases, such watercourse
shall be of a minimum width established at the high-water mark or,
in the absence of such specification, not less than 30 feet. If, in
the opinion of the Town Engineer, the easement will be for a major
drainage swale, the easement shall be of sufficient width to contain
a one-hundred-year frequency storm. If the drainage easement is located
in an established floodway or flood-fringe district, the entire floodplain
area shall be included within the drainage easement.
C.
Easement locations. Such easements shall be at least
12 feet wide, or wider where recommended by the Town Engineer, and
may run across lots or alongside of rear lot lines. Such easements
should preferably be located along rear lot lines. Evidence shall
be furnished the Plan Commission and Town Board that easements and
any easement provisions to be incorporated in the plat or in deeds
have been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
Any and all improvements or utility services
required by this chapter for the subdivision and/or minor land division
of lands within the Town shall be extended to the farthest limit of
the parcel or lot upon which a building permit is requested unless
the owner is excused by the Town Board, the Plan Commission or sanitary
district officials. In the event that the improvements are required
to the end of the parcel, as defined herein, the owner shall be required
to post bond with the Town if improvements are not made.
If, for any reason, the subdivider fails to
install public utilities or facilities as prescribed herein or as
ordered by the Town Board pursuant to this chapter, the Town Board
may install such improvements and assess the full cost of such installations
against the subdivider or property owner as set forth in § 66.0703,
Wis. Stats. Also, the Town and subdivider may agree to have public
improvements installed by the Town pursuant to § 66.0703,
Wis. Stats.
