Gresham Village City Zoning Code
§ 325-18
Construction site erosion control.
The intent of this section is to require erosion control practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbance activities. This section applies to all land disturbing construction activities.
A.
Authority. This section is adopted under the authority granted in § 61.354, Wis. Stats.
B.
Findings and purpose.
(1)
Findings. The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the Village.
(2)
Purpose. It is the purpose of this section 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 discharges from construction sites to lakes, streams and wetlands.
C.
Applicability. This section applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the Village and, optionally, the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state-funded or -conducted construction is exempt from this section.
D.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
COMMERCIAL LAND USE
Use of land for the retail or wholesale sale of goods or services.
CONSTRUCTION SITE CONTROL MEASURE
A control measure used to meet the requirements of Subsection G(2) below.
CONTROL MEASURE
A practice or combination of practices to control erosion and attendant pollution.
CONTROL PLAN
A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this section submitted by the applicant for review and approval by the Building Inspector.
EROSION
The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
LAND DEVELOPING ACTIVITY
The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made change of the land surface, including removing vegetative 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
Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his land.
LANDOWNER
Any person holding title to or having an interest in land.
RUNOFF
The rainfall, snow melt or irrigation water flowing over the ground surface.
SITE
The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.
E.
Design criteria, standards and specifications for control measures. All control measures required to comply with this section shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Building Inspector and in accordance with, but not limited to, the Wisconsin Construction Site Best Management Practice Handbook.
F.
Maintenance of control measures. All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.
G.
Control of erosion and pollutants during land disturbance and development.
(1)
Applicability. This subsection 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, excavation, landfilling 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 350 cubic yards or more of dirt, sand or other excavation or fill material. Excavation and filling of less than 350 cubic yards, at the discretion of the Building Inspector, may require control of erosion and pollutants if judged necessary.
(e)
Those involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.
(2)
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection G(1) above:
(a)
Discharged water. Water may not be discharged in a manner that causes erosion of the site 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 of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(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 (not flushing) before the end of each workday.
(d)
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.
(e)
Site erosion control. The following criteria apply only to land development or land disturbing activities that result in runoff leaving the site.
[1]
Channelized runoff and sheet flow runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, channelized runoff and sheet flow runoff shall be protected as described in Subsection G(2)(e)[3][b] below.
[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. This shall include the planting of vegetative cover as soon as practical.
[3]
Runoff from the entire disturbed area on the site shall be controlled by meeting the following:
[a]
For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, sedimentatic basins/traps shall be constructed.
[b]
For all sites, filter fences, straw bales or equivalent control measures shall be placed along all critical/necessary sides of the site as determined by the Building Inspector. 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]
Soil or dirt storage piles containing more than 350 cubic yards of material shall be controlled by placing straw bales or filter fence barriers around the down-slope side of the pile. Any soil or dirt storage pile under 350 cubic yards may be required, at the discretion of the Building Inspector, to be controlled by placing straw bales or filter fence barriers around the down-slope side of the piles if conditions warrant. New in-street utility construction soil or dirt storage piles located closer than 25 feet to a roadway or drainage channel, if exposed for more than seven days, must be protected with straw bales or other appropriate filtering barriers.
H.
Permit application, control plan and permit issuance. No landowner or land user may commence a land disturbance or land development activity subject to this section without receiving prior approval of a control plan for the site and a permit from the Building Inspector. 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 section shall submit an application for a permit and a control plan and pay an application fee to the Inspector. By submitting an application, the applicant is authorizing the Inspector to enter the site to obtain information required for the review of the control plan.
(1)
Content of the control plan for land disturbing activities covering more than two 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:
[1]
Site boundaries and adjacent lands, which accurately identify site location.
[2]
Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site.
[3]
One-hundred-year floodplains, flood fringes and floodways.
[4]
Vegetative cover.
[5]
Location and dimensions of stormwater 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 the following:
[1]
Locations and dimensions of all proposed land disturbing 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 section.
[4]
Schedule of anticipated starting and completion date of each land disturbing or land developing activity; planting of vegetative cover and installation of construction site control measures needed to meet the requirements of this section.
[5]
Provisions for maintenance of the construction site control measures during construction.
(2)
Content of control plan statement for land disturbing activities covering less than two acres, but meeting the applicability requirements stated in Subsection G(1) above. 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 section.
(3)
Review of control plan. Within 30 days of receipt of the application, control plan, or control plan statement and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this section are met. The Inspector may request comments from other departments or agencies. If the requirements of this section are met, the Inspector shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Inspector shall inform the applicant, in writing, and may either require needed information or disapprove the plan. Within 30 days of receipt of receiving needed information, the Inspector shall again determine if the plan meets the requirements of this section. If the plan is disapproved, the Inspector shall inform the applicant, in writing, of the reasons for the disapproval.
(4)
Permits.
(a)
Duration. 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 may extend the period one or more times for up to an additional 180 days. The Inspector may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this section.
(b)
Permit conditions. All permits shall require the permittee to:
[1]
Notify the Building Inspector within 48 hours of commencing any land disturbing activity.
[2]
Notify the Building Inspector of the completion of any control measures within 48 hours after their installation.
[3]
Obtain permission, in writing, from the Village Board prior to modifying the control plan.
[4]
Install all control measures as identified in the approved control plan.
[5]
Maintain all road drainage systems, stormwater 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 inch or more and at least once each week and make needed repairs.[1]
[1]
Editor's Note: Original Sec. 17.18(8)(d)2.h, regarding control plan, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[8]
Keep a copy of the control plan on the site.
I.
Inspection. The Building Inspector shall inspect construction sites at times appropriate to stages of construction. If land disturbing or land development activities are being carried out without a permit, the Inspector shall enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
J.
Enforcement.
(1)
The Building Inspector may post a stop-work order if:
(a)
Any land disturbing or land developing activity regulated under this section is being undertaken without a permit; or
(b)
The control plan is not being implemented in a good faith manner; or
(c)
The conditions of the permit are not being met.
(2)
If the permittee does not cease the activity or comply with the control plan or permit conditions within 48 hours, the Building Inspector has the power to revoke the permit.
(3)
If the landowner or land user, where no permit has been obtained does not cease the activity within 48 hours, the Building Inspector may request the Village Attorney to obtain a cease-and-desist order.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
The Building Inspector or the Village Board may retract the stop-work order or the revocation.
(5)
Forty-eight hours after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of the Village's intent to perform the work necessary to comply with this section. The Village or agents of the Village may go on the land and commence the work after 48 hours from issuing the notice of intent. The costs of the work performed by the Village plus interest at the rate authorized by the Village Board shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Village Clerk shall enter the amount due on the tax roll and shall collect as a special assessment against the property, pursuant to § 66.0627, Wis. Stats.[2]
[2]
Editor's Note: Original Sec. 17.18(10)(f), providing a penalty, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6)
Compliance with the provisions of this section may also be enforced by injunction.
K.
Appeals.
(1)
Board of Zoning Appeals. The Board of Zoning Appeals, created pursuant to § 325-25 of this chapter, pursuant to § 62.23(7)(e), Wis. Stats., shall serve as the appeals board for any appeals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Who may appeal. Any applicant, permittee, landowner or land user may appeal any order, decision or determination made by the Inspector in administering this section.