Chapter 15.20
CONSTRUCTION SITE EROSION CONTROL
Sections:
15.20.020 Findings and purpose.
15.20.030 Applicability of chapter.
15.20.050 Design criteria, standards and specifications for control measures.
15.20.060 Maintenance of control measures.
15.20.070 Control of erosion and pollutants during land disturbance and development.
15.20.080 Permit application and control plan submittal.
15.20.100 Erosion control plan statement and map.
15.20.110 Review of control plan.
15.20.130 Inspection of construction sites.
15.20.140 Stop work order—Revocation of permit.
15.20.010 Authority.
This chapter is adopted under the authority granted by Section 62.234, Wisconsin Statutes. (Prior code § 23.01)
15.20.020 Findings and purpose.
A. Findings. The council finds run-off from construction sites carries a significant amount of sediment and other pollutants to the waters and rights-of-way of the state and this city.
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 city; 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. (Prior code § 23.02)
15.20.030 Applicability of chapter.
This chapter applies to land disturbing and land developing activities of lands within the boundaries and jurisdiction of the city. (Prior code § 23.03)
15.20.040 Definitions.
As used in this chapter:
“Agricultural land use” means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
“Construction site control measure” means a control measure used to meet the requirements of Section 15.20.070(B).
“Control measure” means a practice or combination of practices to control erosion and attendant pollution.
“Control plan” means 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 engineering department.
“Dwelling unit” means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
“Erosion” means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
“Land developing activity” means the construction of buildings, roads, parking lots, paved storage areas and similar facilities.
“Land disturbing activity” means any manmade 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; harvesting of trees; and landscaping modifications.
“Land user” means any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
“Landowner” means any person holding title to or having an interest in land.
“Nonresidential land use” means any use of land that is not residential.
“Residential land use” means use of land for the placement of a dwelling unit or units.
“Runoff” means the rainfall, snow melt or irrigation water flowing over ground surface.
“Site” means the entire area included in the legal description of land on which the land disturbing or land development activity is proposed in the permit application.
“Waste water” means water discharged from any fixture, appliance, area or appurtenance. (Prior code § 23.04)
15.20.050 Design criteria, standards and specifications for control measures.
All control measures required to comply with this chapter shall meet the design criteria, standards and specifications as set forth in the Wisconsin Department of Natural Resources Stormwater Construction and Post-Construction Technical Standards (in accordance with Chapter NR 151, Wisconsin Administrative Code) or as adopted by the engineering department. (Amended during Supp. No. 21, 5-2008; Ord. 2112-07 § 11 (part), 2007; prior code § 23.05)
15.20.060 Maintenance of control measures.
All sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the applicant or subsequent landowner during the period of land disturbance and development of the site in a manner satisfactory to the city. The standards for the maintenance of control measures shall be as set forth in the Wisconsin Department of Natural Resources Stormwater Construction and Post-Construction Technical Standards (in accordance with Chapter NR 151, Wisconsin Administrative Code) or as adopted by the engineering department. (Amended during Supp. No. 21, 5-2008; Ord. 2112-07 § 11 (part), 2007; prior code § 23.06)
15.20.070 Control of erosion and pollutants during land disturbance and development.
A. Applicability. This section applies to the following sites of land development or land disturbing activities:
1. Those lands wherein lots are created by a subdivision plat approval for the construction of residential and nonresidential land uses, including, but not limited to, buildings;
2. Those lands wherein lots are created by a certified survey map approval for the construction of residential and nonresidential land uses, including, but not limited to, buildings;
3. Those lands wherein lots are created by a metes and bounds description for the construction of residential or nonresidential land uses, including, but not limited to, buildings;
4. Those activities involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of four thousand (4,000) square feet or more;
5. Those activities involving excavation or filling or a combination of excavation and filling affecting four hundred (400) cubic yards or more of dirt, sand or other excavation or fill material;
6. Those activities involving street, highway, road or bridge construction, enlargement, relocation or reconstruction;
7. Those activities involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of three hundred (300) feet or more;
8. Those activities involving grading, excavation and landfilling of more than fifteen (15) cubic yards and removal of protective ground cover or vegetation, or land disturbing activity within one thousand (1,000) feet from the boundary of a lake and three hundred (300) feet from a river, natural pool, stream, pond or wetland;
B. Erosion and Other Pollutant Control Requirements. The following requirements shall be met on all sites described in subsection A of this section.
1. Site Dewatering. Water pumped from the site shall be treated by control measures specified in the Wisconsin Department of Natural Resources Stormwater Construction and Post-Construction Technical Standards (in accordance with Chapter NR 151, Wisconsin Administrative Code). If the water is demonstrated to have no particles greater than one hundred (100) microns during dewatering operations, then no control is needed before discharge, except as determined by the inspection services department. Water may not be discharged in a manner that causes erosion of the site, adjacent land or receiving channels.
2. Waste and Material Disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials, shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.
3. Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.
4. Drain Inlet Protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria standards and specifications.
5. Site Erosion Control. The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site.
a. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in subsection (B)(5)(c) of this section. Sheetflow runoff from adjacent areas greater than ten thousand (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 ft/sec across the disturbed area for the two-year twenty-four (24) hour storm. 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.
b. All activities on the 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 subdivisions (5)(c)(i) and (ii) or (5)(c)(i) and (iii) of this subsection.
i. Where activities will result in disturbed ground being left inactive for ten or more days, positive controls for keeping all erosion on-site, including such measures as placement of silt fences, hay bales, detention basins, phased construction or stabilization of the disturbed ground with temporary or permanent seeding; temporary or permanent seeding and mulching; sodding or covering with tarps shall be employed to the satisfaction of the city. Seeding without mulch may be allowed if the seeding is started and completed between May 1st and September 15th. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the Wisconsin Department of Natural Resources Stormwater Construction and Post-Construction Technical Standards (in accordance with Chapter NR 151, Wisconsin Administrative Code) or by inspection services department. Variances from the requirements of this subdivision may be granted by the inspection services department upon application, but only if the applicant’s failure to comply is due to extended periods of rain or other construction delays beyond the control of the responsible party.
ii. For sites with ten or more acres disturbed at one time or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed in addition to other erosion control measures. Each sedimentation basin shall be designed and constructed as specified in the Wisconsin Department of Natural Resources Stormwater Construction and Post-Construction Technical Standards (in accordance with Chapter NR 151, Wisconsin Administrative Code).
iii. For sites with less than ten acres disturbed at one time, filter fences, straw bales or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
d. Runoff from sites on slopes of twelve (12) percent or more may require additional or different controls than listed in subdivision (5)(c) of this subsection. Control measures for such slopes shall be approved by the engineering department.
e. Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a down slope drainage length of less than twenty-five (25) feet to a roadway or drainage channel. Straw bales or filter fence barriers shall be placed immediately on the down slope side of the piles. If remaining for more than thirty (30) days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Where soil or dirt storage piles resulting from in-street utility repairs are located closer than twenty-five (25) feet to a roadway or drainage channel, adequate control measures shall be taken to prevent erodible materials from entering the adjacent ditch or storm sewer system. Stormdrain inlets must be protected with straw bale or other appropriate filtering barriers. If any soil or dirt storage pile described in this subdivision is in existence for more than six months, the filter fabric or straw bales shall be replaced upon orders of the inspection services department. (Amended during Supp. No. 21, 5-2008; Ord. 2112-07 § 11 (part), 2007; prior code § 23.07)
15.20.080 Permit application and control plan submittal.
At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this chapter shall submit an application for a permit along with a control plan and pay an application fee to the inspection services department prior to the start of any land disturbing activity. By submitting an application, the applicant is authorizing the inspection services department to enter the site to obtain information required for the review of the control plan. After the initial review, the applicant may file supplemental information with the inspection services department to comply with directives from the inspection services department or the engineering department. (Prior code § 23.08 (part))
15.20.090 Control plan for land disturbing and land development activities covering one or more acres.
The control plan for land disturbing and land development activities covering one or more acres shall include:
A. Existing Site Map. A map of existing site conditions on a scale of at least one inch equals one hundred (100) feet showing the site and immediately adjacent areas:
1. Site boundaries and adjacent lands which accurately identify site locations;
2. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site;
3. One hundred (100) year regional flood fringe district and regional floodway district;
4. Vegetative cover;
5. Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site;
6. Locations and dimensions of utilities, structures, roads, highways and paving;
7. Site topography at a contour interval not to exceed two feet.
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 disturbing and land development activities;
2. Locations and dimensions of all temporary soil or dirt stockpiles;
3. Locations and dimensions of all construction site management control measures necessary to meet the requirements of this chapter;
4. Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of construction site control measures needed to meet the requirements of this chapter;
5. Provisions for maintenance of the construction site control measures during construction. (Prior code § 23.08(1))
15.20.100 Erosion control plan statement and map.
An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this chapter. (Prior code § 23.08(2))
15.20.110 Review of control plan.
Within forty-five (45) days of receipt of the application and control plan, or control plan statement and fee, the inspection services department shall review the application and control plan to determine if the requirements of this chapter are met. If conditions are met, the inspection services department shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the inspection services department shall inform the applicant in writing and may either require needed information or disapprove the plan. Within thirty (30) days of receipt of needed information, the inspection services department shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the inspection services department shall inform the applicant in writing of the reasons for the disapproval. (Prior code § 23.08(3))
15.20.120 Permit issuance.
A. Duration. Permits shall be valid for a period of one hundred eighty (180) days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The inspection services department may extend the period one or more times for up to an additional one hundred eighty (180) days. The inspection services department may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this chapter.
B. Letter of Credit. For nonresidential land disturbing activities as a condition of approval and issuance of the permit, the inspection services department shall require the applicant to deposit an irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions. For all one- and two-family residential lots as a condition of approval and issuance of the permit, the inspection services department may require the applicant to deposit an irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions.
C. Permit Conditions. All permits shall require the permittee to:
1. Notify the inspection services department within forty-eight (48) hours prior to any land disturbing and land developing activity;
2. Notify the inspection services department of completion of any control measures within twenty-four (24) hours after their installation;
3. Obtain permission, in writing, from the inspection services department prior to modifying the control plan;
4. Install all control measures as identified in the approved control plan prior to land disturbance;
5. Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the control plan;
6. Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities;
7. Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs;
8. Allow the inspection services department to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan;
9. Keep a copy of the control plan on the site. (Prior code § 23.08(4))
15.20.130 Inspection of construction sites.
The inspection services department shall inspect construction sites at least once a month during the period starting March 1st and ending October 31st and at least two times during the period starting November 1st and ending February 28th to ensure compliance with the control plan. If land disturbing or land development activities are being carried without a permit, the inspection services department shall enter the land pursuant to the provisions of Section 66.0119, Wisconsin Statutes. (Ord. 1819 § 3 (part), 2001; Prior code § 23.09)
15.20.140 Stop work order—Revocation of permit.
A. The inspection services may post a stop-work order if:
1. Any land disturbing or land developing activity regulated under this chapter is being undertaken without a permit; or
2. The control plan is not being implemented in a good faith manner; or
3. The conditions of the permit are not being met.
B. If the permittee does not cease the activity or comply with the control plan or permit conditions within ten days, the inspection services department may revoke the permit.
C. If the landowner or land user, where no permit has been issued, does not cease the activity within ten days, the inspection services department may request the city attorney to obtain a cease and desist order.
D. The inspection services department or the board of public works may retract the stop-work order or the revocation.
E. Ten days after posting a stop-work order, the inspection services department may issue a notice of intent to the permittee or landowner or land user of the inspection services department’s intent to perform work necessary to comply with this chapter. The inspection services department may go on the land and commence the work after fourteen (14) days from issuing the notice of intent. The costs of the work performed by the inspection services department, plus interest at the rate authorized by the board of public works, shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the city clerk shall enter the amount due on the tax rolls and collect as a special charge against the property, pursuant to Section 66.0627, Wisconsin Statutes. (Ord. 1819 § 3 (part), 2001; Prior code § 23.10(1)-(5))
15.20.150 Appeals.
A. Board of Public Works.
1. The board of public works shall act as the board of appeals for this chapter.
2. The board shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the inspection services department or engineering department in administering this chapter.
3. Upon appeal, the board 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.
B. Procedure.
1. Upon disapproval of a control plan by the inspection services department or the engineering department, the applicant may appeal to the board of public works by submitting a written request therefore to the director of inspection services not more than thirty (30) days from denial of the plan. The board shall consider the application at its next regularly scheduled meeting.
2. Upon posting of a stop-work order pursuant to Section 15.20.140(A), the landowner or land user may appeal to the board of public works by submitting a written request therefor to the director of inspection services not more than five days after the stop-work order was posted. The board shall consider the application at its next regularly scheduled meeting. A fee of seventy-five dollars ($75.00) shall be required of the applicant at the time that a request is submitted for a hearing before the board of public works.
C. Who May Appeal. Appeals to the board of public works may be taken by any aggrieved person or by any officer, department, board or bureau of the city affected by any decision of the inspection services department. (Prior code § 23.11)
15.20.160 Enforcement.
Compliance with the provisions of this chapter may also be enforced by injunction, abatement of nuisances, or other appropriate and available remedy. (Prior code § 23.10(7))
15.20.170 Violation—Penalty.
Any person violating any of the provisions of this chapter shall be subject to penalties set forth in Chapter 1.12. (Prior code § 23.10(6))