This article is adopted pursuant to Wis. Stats. § 62.234 for the purpose of minimizing the amount of sediment and other pollutants carried by runoff from sites of construction or other land disturbing activities as enumerated in section 40-887.

(Code 2006, § 17.19(1))

Any person violating any provision of this article shall be subject to a forfeiture of not less than $50.00 nor more than $100.00 and the cost of prosecution for each violation. Each day a violation exists shall constitute a separate violation.

(Code 2006, § 17.19(9))

(a)

Required. No landowner, land user or contractor shall, within the city, commence any activity enumerated in section 40-887 before obtaining an erosion control permit from the building inspector.

(b)

Application; fee. Application for a permit shall be made on an application form provided by the building inspector and shall be accompanied by an erosion control plan in accordance with section 40-939 and a fee of $25.00.

(c)

Grant or denial of permit. Within ten working days after receipt of the application, the building inspector shall grant or deny the permit. If the permit is denied, the inspector shall enumerate the required additions or modifications to the erosion control plan. Upon satisfactory revision of the plan, the permit shall be issued.

(d)

Exceptions. A permit shall not be required for the following:

(1)

Agriculture land use. The use of land for planting, growing, cultivating and harvesting of crops and the pasturing or yarding of livestock.

(2)

State projects. Any state-funded or -conducted activity which requires an erosion control plan similar to the requirements of this article.

(Code 2006, § 17.19(2))

The land disturbing activities requiring a permit under section 40-886 are as follows:

(1)

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.

(2)

Those involving excavation or filling, or a combination thereof, affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.

(3)

Those involving street, highway, road or bridge construction or reconstruction.

(4)

Those involving the laying or repair of underground pipe for a distance of 300 feet or more.

(5)

Site dewatering which may create sediment control problems.

(Code 2006, § 17.19(3))

The building inspector shall inspect the site as often as he deems necessary for the enforcement of this article.

(Code 2006, § 17.19(6))

(a)

Stop-work order. The building inspector may post a stop-work order if:

(1)

Any land disturbing activity requiring a permit under this section is undertaken without a permit;

(2)

The control plan, or any revised control plan, is not being implemented in a good faith manner; or

(3)

The conditions of the permit are not being met.

(b)

Revision. If, because of excessive rainfall or other abnormal conditions, the erosion control plan in place is inadequate to prevent sediment runoff, the building inspector shall order the permittee to install additional erosion control devices and provide a timetable for such installation.

(c)

Permit revocation. If, within ten days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the control plan, the building inspector may revoke the permit.

(d)

Cease and desist order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within ten days, the building inspector may request the city attorney to obtain a cease and desist order.

(e)

Special charge. Ten days after posting a stop-work order, the building inspector may issue a notice of intent to the permittee or landowner or land user of his intent to perform work necessary to comply with this article. The building inspector may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the building inspector shall be billed to the permittee or the landowner. In the event the 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 Wis. Stats. § 66.0627.

(Code 2006, § 17.19(7))

Any person aggrieved by the grant or denial of a permit or any order issued by the building inspector may appeal to the board of zoning appeals, pursuant to article II, division 4 of this chapter.

(Code 2006, § 17.19(8))

Erosion control plan criteria, standards and specifications have been established by the building inspector and under the state department of natural resources rules (Wis. Admin. Code ch. NR 151) and are on file in his office and at city hall. In drafting the plan, the applicant shall take into account and indicate on the plan all factors which may affect erosion control on and adjacent to the site and provide a site drawing drawn to scale, designating the location of the most suitable erosion control devices, so as to prevent sediment runoff to the greatest degree practicable. The plan shall also include a timetable of land disturbing activities, the area involved in each such activity, and the temporary and permanent procedures to be taken to minimize sediment runoff.

(Code 2006, § 17.19(4)(a); Ord. No. 01-21, § 1(17.19(4)(a)), 1-25-2021)

Erosion control devices may include, but not be limited to, sedimentation basins, filter fences, straw bales and mulch, tarps, temporary and permanent seeding, sodding and channeling surface water around disturbed areas and other items specified in the state department of natural resources rules (Wis. Admin. Code ch. NR 151).

(Code 2006, § 17.19(4)(b); Ord. No. 01-21, § 1(17.19(4)(b)), 1-25-2021)

Prior to issuance of a permit, an applicant shall post an escrow in the form of cash, bond or a letter of credit in an amount set by the city administrator or the building inspector to guarantee completion of the required erosion control devices. The city shall release the escrow once the applicant has satisfied all requirements for the installation of the erosion control devices and permanent vegetative cover has been established. The city will not make any partial escrow releases.

(Ord. No. 01-21, § 1(17.19(4)(c)), 1-25-2021)

The permanent erosion control devices shall be completed by the date specified in the erosion control permit, or prior to the issuance of a certificate of occupancy, whichever is earlier. If a certificate of occupancy is issued between the dates of October 15 and April 15 the following year, the permanent erosion control, including permanent vegetative cover, must be completed by July 15 the following year (three months after April 15).

(Ord. No. 01-21, § 1(17.19(4)(d)), 1-25-2021)

The city or its designee shall apply all costs for remedial work or correction of erosion control deficiencies in the permittee's landscaping measures against the escrow. The city may draw on the escrow if all areas of the site disturbed by construction activities are not restored within the timeline required. The permittee shall also forfeit all escrow amounts held by the city and its designees if work is not completed within the required timeline. After providing ten days written notice sent via U.S. mail to the property owner, the city may complete any work required under this article and may draw against the escrow for payment of its costs. If the necessary corrections cost more than the escrowed amount, the city may make the corrections and levy the cost of corrections as an assessment against the property pursuant to Wis. Stats. ch. 66 for a maximum of one year at an interest rate determined by common council. A fee as set by resolution of the common council shall be added to, and become part of, all assessments for erosion control improvements to cover city staff time, noticing requirements, and filing fees.

(Ord. No. 01-21, § 1(17.19(4)(e)), 1-25-2021)

A maintenance agreement is required for erosion control and stormwater management practices beyond the duration period of this permit. The maintenance agreement shall be filed with the county register of deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices. The maintenance agreement shall contain the following information and provisions:

(1)

Identification of stormwater facilities and designation of the drainage area served by the facilities.

(2)

A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan.

(3)

Identification of the responsible party, organization or city, county, town or village responsible for long-term maintenance of the stormwater management practices identified in the erosion control stormwater management plan.

(4)

Requirement that the responsible party, organization, or city, county, town or village shall maintain the erosion control practices.

(5)

Authorization for the city to access the property to conduct inspections of erosion control practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.

(6)

The party designated as responsible for long-term maintenance of the erosion control practices will be notified by the city of any maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the city.

(7)

Authorization of the city to perform the corrected actions identified in the inspection report if the responsible party does not make the required corrections in the specified time period. The city shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. ch. 66.

(Ord. No. 01-21, § 1(17.19(4)(f)), 1-25-2021)

(a)

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.

(b)

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.

(c)

Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier.

(Code 2006, § 17.19(5))