Saukville Village City Zoning Code
ARTICLE XII
Construction Site Erosion Control
[Amended 9-2-2008 by Ord. No. 687; 10-7-2014 by Ord. No. 751; 12-7-2016 by Ord. No. 773]
§ 205-111.1 Foreword.
The intent of this article is to require use of best management practices to reduce the amount of sediment and other pollutants resulting from land-disturbing construction activities. This article does not apply to the construction of one or two family residential sites less than one acre that are otherwise regulated by the Wisconsin Department of Safety and Professional Services in § 101.653, Wis. Stats., and Ch. SPS 320, Wis. Adm. Code. Use of this article will foster consistent, statewide application of the construction site performance standards for new development and redevelopment contained in subchapters III and IV of Ch. NR 151, Wis. Adm. Code.
§ 205-112 Authority.
This article is adopted under the authority granted by § 61.354, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this article and to any amendments to this article.
The provisions of this article are deemed not to limit any other lawful regulatory powers of the Village Board.
The Village Board hereby designates the Public Works Superintendent or his/her designee to administer and enforce the provisions of this article.
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
§ 205-113 Findings of fact.
The Village Board finds that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Saukville.
§ 205-114 Purpose.
It is the purpose of this article to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the Village of Saukville.
§ 205-115 Applicability and jurisdiction.
Applicability.
This article does not apply to the following:
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under Chapter 40, Code of Federal Regulations, Part 122, for land-disturbing construction activity.
Nonpoint discharges from agricultural facilities and practices.
Nonpoint discharges from silviculture activities.
Construction projects that do not result in land-disturbing activity including mill and crush operations that do not have soil disturbance, filling or road shoulder grading.
Routine maintenance for project sites under five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, in the opinion of the Public Works Superintendent or his/her designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.
Jurisdiction. This article applies to land-disturbing construction activities on lands within the boundaries and jurisdiction of the Village of Saukville. This article also applies to select sites (as determined by the Village of Saukville) located within the extraterritorial plat approval jurisdiction of the Village of Saukville, even if plat approval is not involved.
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats., but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under § 281.33(2), Wis. Stats.
§ 205-116 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village Board to administer this article.
Has the meaning in § 281.16(1), Wis. Stats.
A typical calendar year of precipitation, as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the Village of Saukville.
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
A day the Village Hall is routinely and customarily open for business.
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Public Works Superintendent or his/her designee.
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan.
The creation from one or more parcels or building sites of five or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
The unincorporated area within three miles of the corporate limits of a first- second- or third-class city, or within 1.5 miles of a fourth-class city or village.
That all land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.
The Village Board of Trustees.
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 205-116.1 of this article.
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
A written authorization made by the Public Works Superintendent or his/her designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
Has the meaning given in § 283.01(13), Wis. Stats.
Has the meaning given in § 281.01(10), Wis. Stats.
Any entity holding fee title, an easement or other interest in property, or performing services to meet the performance standards of this article through a contract or other agreement.
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
Activities including tree nursery operations, tree harvesting operations, reforestations, tree thinning, prescribed burning and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
An order issued by the Public Works Superintendent or his/her designee which requires that all construction activity on the site be stopped.
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
§ 205-116.1 Applicability of maximum extent practicable.
Maximum extent practicable (MEP) applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Superintendent or his/her designee's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
§ 205-117 Technical standards.
Design criteria, standards and specifications. All BMPs required to comply with this article shall meet the design criteria, standards and specifications based on any of the following:
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Chapter NR 151, Wis. Adm. Code.
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the "R factor") or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
§ 205-118 Performance standards.
Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with § 205-118.2, that incorporates the requirements of this section.
Plan. A written plan shall be developed in accordance with § 205-118.2 and implemented for each construction site.
Erosion and other pollutant control requirements. The plan required under Subsection B shall include the following:
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization. No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land-disturbing construction activity, or other appropriate mechanisms.
Notwithstanding Subsection C(1), if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written and site-specific explanation as to why the sediment performance standard is not attainable and the sediment load shall be reduced to the maximum extent practicable.
Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
Prevent the discharge of sediment as part of site de-watering.
Protect storm drain inlet structures from receiving sediment.
Prevent discharge of sediment from disturbed areas into adjacent waters of the state.
Prevent the discharge of sediment from drainageways that flow off the site.
Prevent the discharge of sediment eroding from soil stockpiles existing for more than seven days.
Prevent the discharge of sediment from erosive flows at outlets and in downstream channels.
Prevent the transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
The erosion control plan shall incorporate all of the following preventative measures:
Maintenance of existing vegetation, especially adjacent to surface water whenever possible.
Minimization of soil compaction and preservation of topsoil.
Minimization of land-disturbing construction activity on slopes of 20% or more.
Development of spill prevention and response procedures.
Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.
Implementation. The BMPs used to comply with this section shall be implemented as follows:
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 205-118.2.
Erosion and sediment control practices shall be maintained until final stabilization.
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
Alternate requirements. The Public Works Superintendent or his/her designee may establish stormwater management requirements more stringent than those set forth in this section if the Public Works Superintendent or his/her designee determines that an added level of protection is needed for sensitive resources.
§ 205-118.1 Permitting requirements, procedures and fees.
[Amended 3-7-2023 by Ord. No. 826]
Permit required. No responsible party may commence a land-disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Public Works Superintendent or his/her designee.
Permit application and fees. At least one responsible party desiring to undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 205-118.2 and shall pay an application fee to the Village of Saukville, in the amount as established by resolution of the Village Board. By submitting an application, the applicant is authorizing the Public Works Superintendent or his/her designee to enter the site to obtain information required for the review of the erosion and sediment control plan.
Review and approval of permit application. The Public Works Superintendent or his/her designee shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
Within 20 business days of the receipt of a complete permit application, as required by Subsection B, the Public Works Superintendent or his/her designee shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this article.
If the permit application and plan are approved, the Public Works Superintendent or his/her designee shall issue the permit.
If the permit application or plan is disapproved, the Public Works Superintendent or his/her designee shall state, in writing, the reasons for disapproval.
The Public Works Superintendent or his/her designee may request additional information from the applicant. If additional information is submitted, the Public Works Superintendent or his/her designee shall have seven business days from the date the additional information is received to inform the applicant that the plan is either approved or disapproved.
Failure by the Public Works Superintendent or his/her designee to inform the permit applicant of a decision within 20 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
Surety bond. As a condition of approval and issuance of the permit, the Public Works Superintendent or his/her designee 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.
Permit requirements. All permits shall require the responsible party to:
Notify the Public Works Superintendent or his/her designee within 48 hours of commencing any land-disturbing construction activity.
Notify the Public Works Superintendent or his/her designee of completion of any Best Management Practice (BMP) within three days after their installation.
Obtain permission, in writing, from the Public Works Superintendent or his/her designee prior to any modification pursuant to § 205-118.2C of the erosion and sediment control plan.
Install all BMPs as identified in the approved erosion and sediment control plan.
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site erosion control log.
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods, and at least once each week. Document the findings of the inspections in a site erosion control log with the location, time and date of inspection, the name of the person conducting the inspection, assessment of control practices, a description of the present phase of the construction at the site, and a description of any BMP installation or maintenance performed in response to the inspection. Repair, replace, or install BMPs as necessary within 24 hours of an inspection or by the date agreed to between the permittee and the Public Works Superintendent or his/her designee.
Allow the Public Works Superintendent or his/her designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the control plan. Keep a copy of the erosion and sediment control plan at the construction site.
Keep a copy of the inspection reports on the site or available via the internet at all times.
Permit duration. Permits issued under this section 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 Public Works Superintendent or his/her designee may extend the period one or more times for up to an additional 180 days. The Public Works Superintendent or his/her designee may require additional BMPs as a condition of the extension if they are necessary to meet the requirements of this article.
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
§ 205-118.2 Erosion and sediment control plan, statement, and amendments.
[Amended 3-7-2023 by Ord. No. 826]
Erosion and sediment control plan.
An erosion and sediment control plan shall be prepared and submitted to the Public Works Superintendent or his/her designee.
The erosion and sediment control plan shall be designed to meet the performance standards in § 205-118 and other requirements of this article.
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
The name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
Description of the site and the nature of the construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5-minute series topographic map.
A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.
Calculations to show compliance with the performance standard in § 205-118C(1).
Existing data describing the surface soil as well as subsoils.
Depth to groundwater, as indicated by on-site soil borings or Natural Resources Conservation Service soil information where available.
Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.
Identify receiving waters, including downstream waters, that are designated as exceptional resource waters, outstanding resource waters, or impaired waters. (Note: A list of outstanding resource waters and exceptional resource waters may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/orwerw.html. A list of Wisconsin impaired waterbodies is updated every two years and may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/ConditionLists.html.)
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed two feet.
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year flood plains, flood fringes and floodways shall also be shown.
Boundaries of the construction site.
Drainage patterns and approximate slopes anticipated after major grading activities.
Areas of soil disturbance.
Location of major structural and nonstructural controls identified in the plan.
Location of areas where stabilization practices will be employed.
Areas which will be vegetated following construction.
Areal extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland on site or within 1/4 mile downstream of the construction site.
Locations of all surface waters and wetlands within one mile of the construction site.
An alphanumeric or equivalent grid overlying the entire construction site map.
Areas used for infiltration of post-construction stormwater runoff.
Each erosion and sediment control plan shall include a description of appropriate controls and measures that will be installed and maintained at the site to prevent pollutants from reaching waters of the state. The plan shall clearly describe the appropriate control measures for each major land-disturbing construction activity and the timing during the construction process that the measures will be implemented. The description of erosion controls shall include, when appropriate, the following minimum requirements:
Description of interim and permanent stabilization practices, including a best management practice (BMP) implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved, in writing, by the Public Works Superintendent or his/her designee, structural measures shall be installed on upland soils.
Management of overland flow at all areas of the construction sites, unless otherwise controlled by outfall controls.
Trapping of sediment in channelized flow.
Staging construction to limit bare areas subject to erosion.
Protection of downslope drainage inlets where they occur.
Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
Clean up of off-site sediment deposits.
Proper disposal of building and waste materials at all sites.
Stabilization of drainageways.
Control of soil erosion from dirt stockpiles.
Installation of permanent stabilization practices as soon as possible after final grading.
Minimization of dust to the maximum extent practicable.
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel, as necessary, to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
Erosion and sediment control plan statement. For each construction site identified under § 205-115A, an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Public Works Superintendent or his/her designee. The erosion and sediment control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this article including the site development schedule.
Amendments. The applicant shall amend the plan if any of the following occur:
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the plan.
The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.
The Public Works Superintendent or his/her designee notifies the applicant of changes needed in the plan.
§ 205-118.3 Fee schedule.
A schedule of the fees referred to in other sections of this article shall be established by resolution of the Village Board and shall be available for review at the Village Municipal Center.
§ 205-118.4 Inspection.
[Amended 3-7-2023 by Ord. No. 826]
If land-disturbing construction activities are being carried out without a permit required by this article, the Public Works Superintendent or his/her designee may enter the land pursuant to the provisions of §§ 66.0119(1), (2), and (3), Wis. Stats. The Public Works Superintendent or his/her designee will inspect any construction site that holds a permit under this article every two weeks during the period starting March 1 and ending October 31 and at least two times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan. The costs of these inspections shall be billed to the responsible party.
Follow up inspections are required within seven days of any sediment discharge or inadequate control measure, unless corrections were made and observed by the inspector during initial inspection or corrections were verified via photographs submitted to the inspector.
Final inspections shall consist of confirming that all graded areas have reached final stabilization and that all temporary control measures are removed, and permanent stormwater management BMPs are installed as designed.
§ 205-118.5 Enforcement; violations and penalties.
The Public Works Superintendent or his/her designee may post a stop-work order if any of the following occurs:
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Public Works Superintendent or his/her designee may revoke the permit.
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Public Works Superintendent or his/her designee, or if a responsible party violates a stop-work order posted under Subsection A, the Public Works Superintendent or his/her designee may request the Village Attorney to obtain a cease and desist order in any court with jurisdiction.
After posting a stop-work order under Subsection A, the Public Works Superintendent or his/her designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Superintendent or his/her designee may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Public Works Superintendent or his/her designee plus interest at the rate authorized by the Village Board shall be billed to the responsible party. In the event that a responsible party fails to pay the amount due, the Village Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Chapter 66, Wis. Stats.
Any person who intentionally violates any of the provisions of this article shall be subject to a forfeiture of not less than $500 nor more than $1,500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
Compliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
§ 205-118.6 Appeals.
Board of Zoning Appeals. The Board of Zoning Appeals created pursuant to § 205-120 of this Code pursuant to § 61.354(4)(b), Wis. Stats.:
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Public Works Superintendent or his/her designee in administering this article except for cease and desist orders obtained under § 205-118.5C.
Upon appeal, may authorize variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the article will result in unnecessary hardship; and
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
Who may appeal. Appeals to the Board of Zoning Appeals may be taken by any aggrieved person or by any other person or party(s) affected by any decision of the Public Works Superintendent or his/her designee.