[HISTORY: Adopted by the Village Board of the Village of Wrightstown 2-1-1994
by Ord. No. 020194A. Amendments noted where applicable.]
This chapter is entitled the "Village of Wrightstown Construction Site
Erosion Control Ordinance."
This chapter is adopted pursuant to the authorization in W.S.A. s. 61.354.
A.
Findings of fact. The Village Board finds runoff from
construction sites carries a significant amount of sediment and other pollutants
to the waters of the state and this village.
B.
Purpose. It is the purpose of this chapter to preserve
the natural resources; to protect the quality of the waters of the state and
the village; and to protect and promote the health, safety and welfare of
the people to the extent practicable by minimizing the amount of sediment
and other pollutants carried by runoff or discharged from construction sites
to lakes, streams and wetlands.
This chapter applies to land disturbing construction and land developing
activities on lands within the boundaries and jurisdiction of the village.
All state funded or conducted construction is exempt from this chapter.
For purposes of this chapter, the following terms shall be defined as
follows:
The use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding of livestock.
The use of land for the retail or wholesale of goods or services.
A control measure used to meet the requirements of § 97-3 hereinabove.
The detachment and movement of soil, sediment or rock fragments by
water, wind, ice or gravity.
A practice, or combination of practices, to control erosion and attendant
pollution.
A written description of the number, locations, sizes and other pertinent
information of control measures designed to meet the requirements of this
chapter submitted by the applicant for review and approval by the Director
of Public Works or Village of Wrightstown Building Inspector.
No construction activity taking place on the site.
The construction of buildings, roads, parking lots, paved storage
areas and similar facilities.
Any man-made change of the land surface, including removing vegetative
cover, excavating, filing and grading, but not including agricultural land
uses such as planting, growing, cultivating and harvesting of crops; growing
and tending of gardens; harvesting of trees; and landscaping modifications.
Any person holding title to or having interest in land.
Any person operating, leasing, renting or having made other arrangements
with the landowner by which the landowner authorizes use of his or her land.
Land dedicated to the village and occupied or intended to be occupied
for a use such as a public street, sidewalk, crosswalk, water main, storm
drains or any other use requiring maintenance by the Village of Wrightstown.
That portion of a public right-of-way designed and intended for vehicular
traffic.
The rainfall, snowmelt or irrigation water flowing over the ground
surface.
The following rain intensities and rain volumes for the storm durations
of 0.5, 1.0, 2.0, 3.0, 6.0, 12.0 and 24.0 hours that occur approximately once
per year.
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches per hour)
|
Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1.0
|
1.1
|
1.1
|
|
2.0
|
0.7
|
1.3
|
|
3.0
|
0.5
|
1.5
|
|
6.0
|
0.3
|
1.7
|
|
12.0
|
0.2
|
2.0
|
|
24.0
|
0.1
|
2.3
|
The entire area included in the legal description of the land on
which the land disturbing construction activity or land development activity
is proposed in the permit application.
Intentional or unintentional conveyance of sediment, soil or construction
waste from a site to a roadway, resulting in the intentional or unintentional
deposit of such sediment, soil or construction waste on a roadway.
All erosion control measures required to comply with this chapter shall
meet the design criteria, standards and specifications for the erosion control
measures based on accepted design criteria, standards and specifications identified
in the latest edition of the Department of Natural Resource's Wisconsin
Construction Site Best Management Practice Handbook and by the Director of
Public Works or Village of Wrightstown Building Inspector.
All sedimentation basins and other erosion control measures necessary
to meet the requirements of this chapter shall be maintained by the applicant
or subsequent landowner during the period of land disturbance and land development
of the site in satisfactory manner to ensure adequate performance and to prevent
nuisance conditions. Maintenance or erosion control measures shall meet the
standards identified in the latest edition of the Department of Natural Resource's
Wisconsin Construction Site Best Management Practice Handbook and by the Director
of Public Works or Village of Wrightstown Building Inspector.
A.
Applicability. This section applies to the following
types of land development or land disturbing construction activities:
(1)
Those requiring a subdivision plat or certified survey
approval or the construction of houses or commercial, industrial or institutional
buildings on lots of approved subdivision plats or certified surveys.
(2)
Those involving grading, removal of protective ground
cover or vegetation, excavation, land filling or other land disturbing construction
activity affecting a surface area of 4,000 square feet or more.
(3)
Those involving excavation or filling or combination
of excavation and filling affecting 40 cubic yards or more of dirt, sand or
other excavation or fill material.
(4)
Those involving street, highway, road or bridge construction,
enlargement, relocation or reconstruction.
(5)
Those involving the laying, repairing, replacing or enlarging
of an underground pipe, wire, cable or facility for a distance of 300 feet
or more.
B.
Requirements. The following requirements shall be met on all sites described in Subsection A hereinabove.
(1)
Site dewatering. Water pumped from the site shall be
treated by temporary sedimentation basins or other appropriate controls designed
and used to remove particles of 100 microns or greater for the highest dewatering
pumping rate. If the water is demonstrated to have no particles greater than
100 microns during dewatering operations, then no control is needed before
discharge, except as determined by the Director of Public Works or Village
of Wrightstown Building Inspector. Water may not be discharged in a manner
that causes erosion of the site on receiving channels.
(2)
Waste and material disposal. All waste and unused building
materials (including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials) shall be properly disposed and not allowed to be carried
by runoff into a receiving channel or storm sewer system.
(3)
Tracking prevention. Ingress and egress to each site
shall be exclusively limited to graveled road(s) designed in a manner to prevent
tracking. The graveled roadways shall be:
(b)
Subject to the design approval of the Village of Wrightstown Building Inspector prior to approval of the permit required at § 97-9 hereinbelow.
(c)
Subject to conditions or modifications intended to prevent
tracking required by the Village of Wrightstown Building Inspector or Director
of Public Works as a term of permit approval or at any time during the permitted
activity.
(d)
Constructed prior to any other land disturbing construction
activity at the site.
(4)
Removal of tracked materials. Any sediment, soil or construction
material reaching the roadway or a private road shall be removed by the end
of each workday.
(5)
Drain inlet protection. All storm drain inlets within
the site shall be protected with a straw bale, filter fabric or equivalent
barrier meeting accepted design criteria, standards and specifications.
(6)
Site erosion control. The following criteria apply only
to land development or land disturbing construction activities that result
in runoff leaving the site:
(a)
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(6)(c)[3]. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resulted runoff velocities of less than 0.5 feet per second across the disturbed area for the set of one year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
(b)
All activities on site shall be conducted in a logical
sequence to minimize the area of bare soil exposed at any one time.
(c)
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsections B(6)(c)[1] and [2] or B(6)(c)[1] and [3].
[1]
All disturbed ground left inactive for 15 or more days
shall be stabilized by mulching, temporary or permanent seeding, sodding,
covering with tarps or equivalent site control measures. Seeding and sodding
may only be used from May 1 through September 15 of any year. If temporary
seeding is used, a permanent cover shall also be required as part of the final
site stabilization.
[2]
For sites with 10 or more acres disturbed at one time
or if a channel originates in the disturbed area, one or more sedimentation
basin(s) shall be constructed. Each sedimentation basin shall have a surface
area of at least 1% of the area draining to the basin and at least three feet
of depth and construction in accordance with accepted design specifications
identified in the latest edition of the Department of Natural Resource's
Wisconsin Construction Site Best Management Practice Handbook. Sediment shall
be removed to maintain a depth of three feet. The basin shall be designed
to trap sediment greater than 15 microns in size, based on the set of one
year design storms having duration from 0.5 hours to 24 hours. The basin discharge
rate shall also be sufficiently low as to not cause erosion along the discharge
channel or the receiving water.
[3]
For sites with less then 10 acres disturbed at one time,
filter fences, straw bales or equivalent control measures shall be placed
along all sideslope and downslope sides of the site. If a channel or area
of concentrated runoff passes through the site, filter fences shall be placed
along the channel edges to reduce sediment reaching the channel. NOTE: Runoff
from sites or slopes of 12% or more may require additional or different control
methods which are not listed in this subsection.
[4]
Any soil or dirt storage piles containing more than 10
cubic yards of material should not be located with a downslope drainage length
of less than 25 feet to a roadway or drainage channel. If remaining for 15
days or more, they shall be stabilized by mulching, vegetative cover, tarps
or other means. Erosion from piles which will be in existence for less than
15 days shall be controlled by placing straw bales or filter fence barriers
around the pile. In-street utility repair or construction, soil or dirt storage
piles located closer than 25 feet of a roadway or drainage channel must be
covered with tarps or suitable alternative control if exposed for more than
15 days, and the storm drain inlets must be protected with straw bales or
other appropriate filtering barriers.
A.
No landowner or land user may commence a land disturbance construction or land development activity subject to this chapter without receiving prior approval of an erosion control plan for the site and a permit from the Village of Wrightstown Building Inspector. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing construction or land developing activity subject to this chapter shall submit an application for a permit and an erosion control plan and pay an application fee to the Village of Wrightstown Building Inspector. The fee shall be as set forth in Chapter 102, Fees and Penalties, for land disturbing construction activity affecting 20,000 square feet or less of surface area and for any land disturbing activity affecting a surface area greater than 20,000 square feet. By submitting an application and the requisite fee, the applicant is authorizing the Village of Wrightstown Building Inspector to enter the site to obtain information required for the review of the erosion control plan.
B.
Content of the erosion control plan for land disturbing
construction and land developing activities covering one or more acres.
(1)
Existing site map. A map of existing site conditions
on a scale of at least one inch equals 100 feet showing the site and immediately
adjacent areas:
(a)
Site boundaries and adjacent lands which accurately identify
site location.
(b)
Lakes, streams, wetlands, channels, ditches and other
watercourses on the site and adjacent lands.
(c)
Location of the one-hundred-year floodplain/flood-fringe
and floodway.
(d)
Identification of the predominant soil types.
(e)
Location and general identification of the vegetative
cover.
(f)
Location and dimensions of stormwater drainage systems
and natural drainage patterns on and immediately adjacent to the site.
(g)
Locations and dimensions of utilities, structures, roads,
highways and paving.
(h)
Site topography at a contour interval not to exceed five
feet.
(2)
Plan of final site conditions. A plan of final site conditions
at the same scale as the existing site map showing the site changes.
(3)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land disturbing
construction or land developing activities.
(b)
Locations and dimensions of all temporary soil or dirt
stockpiles.
(c)
Locations and dimensions of all construction site erosion
control measures necessary to meet the requirements of this chapter.
(d)
Schedule of anticipated starting and completion date
of each land disturbing construction or land developing activity, including
the installation of construction site erosion control measures needed to meet
the requirements of this chapter.
(e)
Provisions for maintenance of the construction site erosion
control measures during construction.
C.
Content of erosion control plan statement for land disturbing construction and land developing activities covering less than one acre, but meeting the applicability requirements stated in § 97-8A hereinabove. An erosion control plan statement (with simple map - see Exhibit A[1]) shall be submitted to briefly describe the vegetation, etc. and
erosion controls (including the site development schedule) that will be used
to meet the requirements of this chapter.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
D.
Review of erosion control plan. Within 45 days of receipt
of the application, erosion control plan and fee, for sites covering less
then one acre, the Village of Wrightstown Building Inspector shall review
the application and erosion control plan to determine if the requirements
of this chapter are met. The Village of Wrightstown Building Inspector shall
approve the plan, inform the applicant and issue a permit. If the conditions
are not met, the Village of Wrightstown Building Inspector shall inform the
applicant, in writing, and may either require needed information or disapprove
the plan. Within 30 days of receipt of needed information, the Village of
Wrightstown Building Inspector shall again determine if the plan meets the
requirements of this chapter. If the plan is disapproved, the Village of Wrightstown
Building Inspector shall inform the applicant, in writing, of the reasons
for the disapproval.
E.
Permits.
(1)
Duration. Permits shall be valid for a period of 180
days or the length of the building permit or other construction authorization,
whichever is longer, from the date of issuance. The Village of Wrightstown
Building Inspector may extend the period one or more times for up to an additional
180 days. The Village of Wrightstown Building Inspector may require additional
erosion control measures as condition of the extension if they are necessary
to meet the requirements of this chapter.
(2)
Surety bond. As a condition of approval and issuance
of the permit, the Village of Wrightstown Building Inspector 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.
(3)
Permit conditions. All permits shall require the permittee
to:
(a)
Notify the Village of Wrightstown Building Inspector
within 48 hours of commencing any land disturbing construction or land development
activity.
(b)
Notify the Village of Wrightstown Building Inspector
of completion of any erosion control measures within seven days after their
installation.
(c)
Obtain permission, in writing, from the Village of Wrightstown
Building Inspector prior to modifying the erosion control plan.
(d)
Install all erosion control measures as identified in
the approved erosion control plan.
(e)
Maintain all road drainage systems, storm water drainage
systems, control measures and other facilities identified in the erosion control
plan.
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land developing construction or land disturbing
activities.
(g)
Inspect the construction erosion control measures after
each rain of 0.5 inches or more and at least once each week and make needed
repairs.
(h)
Allow the Village of Wrightstown Building Inspector 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.
(i)
Keep a copy of the approved erosion control plan on the
site.
A.
Land disturbing construction or land development activity
involving streets, alleys, bridges or an underground pipe, cable or facility
may not commence construction without an approved erosion control plan and
a permit issued by the Director of Public Works.
B.
Erosion control plan. The erosion control plan shall
be detailed enough to describe those activities necessary to comply with the
requirements of this chapter and must include a statement describing the erosion
control measures to be undertaken, whether or not there will be materials
stockpiled and, if so, where, a construction schedule and a simple site map
of the construction.
C.
Public works contracts. The erosion control plan required by this chapter for contracts awarded by the Department of Public Works, with the exception of material stockpiles, shall be developed by either the Department of Public Works or the contractor, with the contract documents spelling out the responsible party. Plans prepared by the Department of Public Works shall be made part of the contract specifications and documents. The portion of the plan for material stockpiles shall be developed by the contractor. Erosion control plans developed by the contractor shall be processed in accordance with Subsection D.
D.
Other work. For construction work by private contractors
within the public right-of-way or public utility easement, the erosion control
plan shall be submitted to the Department of Public Works, Engineering Division,
as part of the permit process. Within 10 working days after receipt, the Department
shall have reviewed the plan to determine if the requirements of the ordinance
have been met. The Department shall either approve the plan and issue the
permit, if all requirements are met, or notify the applicant with the reasons
for the disapproval of the erosion control plan and what must be done to correct
it. Within seven working days after resubmittal, the Department shall either
approve the plan or again notify the applicant, repeating the approval process.
E.
Permit duration. The permit shall be valid for a period
of 90 days for excavation work or 180 days for occupancy of the right-of-way.
A.
The Department of Public Works and Village of Wrightstown
Building Inspector shall inspect site development and building construction
sites for which it has issued permits to ensure compliance with the erosion
control plan. If land disturbing construction or land development activities
are being carried out without a permit, the Village of Wrightstown Building
Inspector may enter the land pursuant to the provision of W.S.A. ss. 66.122
and 66.123.
B.
The Department of Public Works, Engineering Division,
shall inspect construction work for which it has issued permits to ensure
compliance with the erosion control plan.
A.
Building, site development and services not let to public
works contract.
(1)
The Village of Wrightstown Building Inspector shall post
a stop-work order if:
(2)
If the permittee does not cease the activity or comply
with the erosion control plan or permit conditions within 10 days, the Village
of Wrightstown Building Inspector shall revoke the permit.
(3)
If the landowner or land user, where the permit has been
issued, does not cease the activity within 10 days, the Village of Wrightstown
Building Inspector shall request the Village Attorney to obtain a cease and
desist order.
(4)
The Village of Wrightstown Building Inspector or the
Board of Appeals may retract the stop-work order or the revocation.
(5)
Ten days after posting a stop-work order, the Village
of Wrightstown Building Inspector may issue a notice of intent to the permittee
or landowner or land user of the Village of Wrightstown Building Inspector's
intent to perform work necessary to comply with this chapter. The Village
of Wrightstown Building Inspector may go on the land and commence the work
after 14 days from issuing the notice or intent. The costs of the work performed
by the Village of Wrightstown Building Inspector, plus interest, shall be
billed to the permittee or the landowner. In the event that a permittee or
landowner fails to pay the amount due, the Village Clerk-Treasurer shall enter
the amount due on the tax rolls and collect as a special charge against the
property pursuant to W.S.A. s. 66.60(16).
(6)
Compliance with the provisions of this chapter may also
be enforced by injunction, abatement or nuisances, or other available and
appropriate remedies.
(7)
No building occupancy permit may be issued if any provision
herein is not complied with.
B.
Right-of-way and public utility easements; public works
contract.
(2)
After the Director of Public Works notifies the offender
of noncompliance, the Director shall take whatever steps are necessary to
enforce the plan, including but not limited to having the permittee make corrections,
using its own forces or engaging other contractors. The cost of such work
by other contractors, plus interest, shall be billed to the permittee.
Any person who shall violate any provision of this chapter or any rule, regulation or order made hereunder shall be subject to a forfeiture as set forth in Chapter 102, Fees and Penalties, for each violation. Each day a violation exists shall constitute a separate offense.
A.
Building and site development.
(1)
Board of Appeals. The Board of Appeals, created pursuant
to W.S.A. s. 62.23(7)(e):
(a)
Shall hear and decide appeals where it is alleged that
there is error in any order, decision or determination made by the Village
of Wrightstown Building Inspector in administering this chapter.
(b)
Upon appeal, may authorize variances from the provision
of this chapter which are not contrary to the public interest and where owning
to special conditions a literal enforcement of this provision of this chapter
will result in unnecessary nonfinancial hardship.
(c)
Shall use the rules, procedures, duties and powers authorized
by statute in hearing and deciding appeals and authorizing variances.
(2)
Who may appeal. Any applicant, permittee, landowner or
land user may appeal any order, decision or determination made by the Village
of Wrightstown Building Inspector in administering this chapter.
B.
Right-of-way and public utility easements. Any applicant
or permittee may appeal any order, decision or determination made by the Director
of Public Works in administering this chapter by giving written notice to
the Director. The Board of Public Works shall hear the appeal and forward
its recommendation to the Village Board for final action.
