(a)

This chapter is adopted under the authority granted by Wis. Stats. § 60.627. Except as otherwise specified in Wis. Stats. § 60.627, Wis. Stats. § 60.62, applies to this chapter and to any amendments to this chapter.

(b)

The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.

(c)

The village board designates the village engineer to administer and enforce the provisions of this chapter.

(d)

The requirements of this chapter do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:

(1)

State department of natural resources administrative rules, permits or approvals including those authorized under Wis. Stats. §§ 281.16 and 283.33.

(2)

Targeted non-agricultural performance standards promulgated in rules by the state department of natural resources under Wis. Adm. Code § NR 151.004.

(Ord. No. 38-2016, § S.01, 4-7-2016)

The village board finds that uncontrolled stormwater runoff and construction site erosion from land development land disturbing activity has a significant impact upon waters of the state and airborne particulate concentrations in the village.

(Ord. No. 38-2016, § S.02, 4-7-2016)

It is the purpose of this chapter 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, wind, or discharged from land disturbing construction activity to waters of the state in the village.

The further intent of this chapter is to require use of best management practices to reduce the amount of sediment and other pollutants resulting from land disturbing construction activities on sites that do not include the construction of a building and is otherwise regulated by the state department of commerce in s. COMM 21.125 or 50.115 Wis. Adm. Code. Use of this chapter will foster consistent application of the construction site performance standards for new development and redevelopment contained in Wis. Adm. Code, subchapters III and IV of ch. NR 151.

(Ord. No. 38-2016, § S.03, 4-7-2016)

(a)

Applicability.

(1)

This chapter applies to all land disturbing construction activities. A permit is required for all land disturbing construction activities that meet any of the following, except as provided under sub. (b):

a.

Disturbs a total land surface area of 4,000 square feet or more.

b.

Involves excavation or filling, or a combination of excavation and filling, in excess of 600 cubic yards of material.

c.

Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility including disturbance of road ditch, grass swale or other open channel, for a distance of 400 feet or more.

d.

Involves grading, removal of protective ground cover or vegetation, excavation, land filling or land disturbing activity within 200 feet of a lake, stream, or wetland when the work affects more than ten cubic yards of material.

e.

Involves deposit of sediment from lake or river dredging.

f.

Involves the maintenance or repair of an existing storm water best management practice that affects more than ten cubic yards of material.

g.

Is a land disturbing activity, regardless of size, that the village engineer determines is likely to cause an adverse impact to an environmentally sensitive area or other property; or may violate any other erosion control standard set forth in this chapter.

** Note: Erosion and sediment control for all new construction of one and two-family dwellings that disturb less than one acre shall be consistent with the standards outlined in § 101.653. The village building inspector shall be responsible for review of proposed erosion and sediment control measures and the necessary inspection of the individual home sites. For any new one and two-family dwelling construction that disturbs one acre or more this chapter shall apply.

(2)

This chapter does not apply to the following:

a.

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.

b.

Transportation facilities of projects administered by the state department of transportation, except transportation facility projects that are part of a larger plan of development such as local roads within a residential or industrial development.

c.

Land disturbing activities directly involved in planting, growing and harvesting of any plant grown for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries.

d.

Placement of underground pipe or other utility that is plowed or bored into the ground outside areas of channelized runoff.

e.

Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(3)

Notwithstanding the applicability requirements in paragraph (a), this chapter applies to construction sites of any size that, in the opinion of the village engineer, 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, environmentally sensitive areas or public safety.

(4)

If any area within this jurisdiction is annexed by a city or village after May 5, 1992, the provisions of this chapter apply and shall be enforced after annexation by the annexing city or village unless any of the following occurs:

a.

The city or village enacts, administers and enforces an ordinance for the annexed area that complies with the minimum standards established by the state department of natural resources and is at least as restrictive as this chapter, as determined by the village engineer; or

b.

After annexation, the city or village requests that this chapter, as it applies to the annexed area, continues to be in effect and enforced by the village engineer and the village engineer agrees to enforce the ordinance.

(b)

Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1), but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2).

(Ord. No. 38-2016, § S.04, 4-7-2016)

Agricultural facilities and practices has the meaning in Wis. Stats. § 281.16(1).

Applicant means any person or entity holding fee title to the property. The applicant shall become the "permit holder" once a permit is issued. The applicant shall sign the initial permit application form in accordance with subs. (a) through (e) below, after which the applicant may provide the village engineer written authorization for others to serve as the applicant's representative:

(1)

In the case of a corporation, by a principal executive officer of at least the level of vice president or by the officer's authorized representative having overall responsibility for the operation of the site for which a permit is sought.

(2)

In the case of a limited liability company, by a member or manager.

(3)

In the case of a partnership, by the general partner.

(4)

In the case of a sole proprietorship, by the proprietor.

(5)

For a unit of government, by a principal executive officer, ranking elected official or other duly authorized representative.

Agricultural facilities and practices has the meaning in Wis. Stats. § 281.16(1).

Average annual rainfall means a typical calendar year of precipitation. The average annual rainfall is chosen from a WDNR publication for the location closest to the village.

Best management practice or BMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

Business day means a day the office of the village engineer is routinely and customarily open for business.

Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or when permit conditions are not being met "Construction site" means 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.

Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

Extraterritorial means 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.

Final stabilization means 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 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.

Governing body means village board of trustees.

Impervious surface means a surface that is not covered with soil or natural vegetation. Such surfaces include areas covered by buildings, porches, patios, terraces and swimming pools, and also include surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile or any other paving material used for parking, driveways and walkways.

Infiltration means the process by which rainfall or surface runoff percolates or penetrates into the underlying soil.

Land disturbing construction activity means all man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative 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.

MEP or maximum extent practicable means a level of implementing best management practices in order to achieve a performance standard specified in this chapter that has been approved by the village. In determining when MEP has been achieved, the village shall take into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in meeting the performance standards and may vary based on the performance standard and site conditions.

New development means development resulting from the conversion of previously undeveloped land or agricultural land uses.

Percent fines means the percentage of a given sample of soil, which passes through a No. 200 sieve.

Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

Permit means a written authorization made by the building inspector or village engineer to the responsible party to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

Pervious surface means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, fields, woodlands or similar vegetated areas are examples of surfaces that are typically pervious.

Pollutant as per Wis. Stats. § 283.01 (13), means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

Pollution as per Wis. Stats. § 281.01 (10) means contaminating or rendering unclean or impure the waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

Responsible party means any person or entity holding fee title to the property or acting as the owners representative, including any person, firm, corporation or other entity performing services, contracted, subcontracted or obligated by other agreement to design, implement, inspect, verify or maintain the BMPs and other approved elements of erosion control under this chapter.

Runoff means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

Separate storm sewer means 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:

(1)

Is designed or used for collecting water or conveying runoff.

(2)

Is not part of a combined sewer system.

(3)

Is not draining to a storm water treatment device or system.

(4)

Discharges directly or indirectly to waters of the state.

Site means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.

Stop work order means an order issued by the building inspector or village engineer which requires that all construction activity on the site be stopped.

Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

Village means village and its staff and consultants.

Waters of the state has the meaning given in Wis. Stats. § 283.01 (20).

Wetlands means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Woodland means an area where a grouping of ten or more trees exist that have trunk diameters of at least four inches at four feet above the ground surface. The boundaries of a woodland shall be defined by the canopy, commonly referred to as the "drip line".

(Ord. No. 38-2016, § S.05, 4-7-2016)

(a)

Design criteria, standards and specifications. All BMPs required to comply with this chapter shall meet the design criteria, standards and specifications based on any of the following:

(1)

Applicable design criteria, standards and specifications identified in the latest edition of Wisconsin Construction Site Best Management Practice Handbook, and Wisconsin Stormwater Manual as published and amended from time-to-time by the state department of natural resources.

(2)

Other design guidance and technical standards identified or developed by the state department of natural resources under subchapter V of chapter NR 151, Wis. Adm. Code. These design guidance and technical standards supersede the standards of (1)(a) of the subsection.

(3)

For this chapter, average annual basis is calculated using the appropriate annual rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.

(4)

Section 5 of Chapter 10 of the state department of transportation, Facilities Development Manual and portions of the FDM referenced in Chapter 13 by Chapter 10. Procedure 10-5-35 should be used to apply the erosion and sediment control devices given a specific set of parameters.

(b)

Other standards. Other technical standards not identified or developed in subsection (a) may be used provided that the methods have been approved by the village engineer.

(Ord. No. 38-2016, § S.07, 4-7-2016)

(a)

Responsible party. The responsible party shall implement an erosion and sediment control plan, developed in accordance with section 105-9, that incorporates the requirements of this section.

(b)

Plan. A written plan shall be developed in accordance with section 105-9 and implemented for each construction site. The plan shall describe how the permit holder will minimize, to the maximum extent practicable, soil erosion and the transport of sediment from land disturbing activities to waters of the state or other property. To satisfy the requirements of this section, an erosion control plan shall, to the maximum extent practicable, adhere to the following guiding principles.

(1)

Propose grading that best fits the predevelopment terrain of the site, avoiding steep slopes, wetlands, floodplains and environmental corridors.

(2)

Minimize, through project phasing and construction sequencing, the time the disturbed soil surface is exposed to erosive forces.

(3)

Minimize soil compaction, the loss of trees and other natural vegetation and the size of the disturbed area at any one time.

(4)

Locate erosion control BMPs prior to runoff leaving the site or entering waters of the state and outside of wetlands, floodplains, primary or secondary environmental corridors or isolated natural areas.

(5)

Emphasize the use of BMPs that prevent soil detachment and transport over those aimed to reduce soil deposition (sedimentation) or repair erosion damage.

(c)

Erosion and other pollutant control requirements. The plan required under subsection (b) shall include the following:

(1)

BMPs that, by design, achieve to the maximum extent practicable, a runoff discharge of no more than five tons of sediment per acre per year of the sediment load carried in runoff from initial grading to final stabilization. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Soil loss prediction tools shall be used to estimate the sediment loss using the appropriate rainfall and runoff factors.

(2)

Notwithstanding par. (a), if BMPs cannot be designed and implemented to limit a runoff discharge of no more than five tons of sediment per acre per year, the plan shall include a written and site-specific explanation as to why the reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.

(3)

The village will recognize other methods for determining compliance with the sediment reduction goal once they are standardized through the procedures under subchapter V of chapter NR 151, Wisconsin Administrative Code.

(4)

The following applicable minimum requirements shall be addressed in erosion and sediment control plans to the maximum extent practicable and are subject to enforcement by the village.

a.

Access drives and tracking. Provide access drive(s) for construction vehicles that minimize tracking of soil off site, using BMPs such as stone tracking pads, tire washing or grates. Minimize runoff and sediment from adjacent areas from flowing down or eroding the access drive.

b.

Diversion of upslope, off-site runoff. Divert off-site runoff from upslope land, rooftops or other surfaces, if practicable, using BMPs such as earthen diversion berms and swales. Prevent erosion of the flow path and the outlet. Off-site flows that are not diverted need to be accounted for and managed on-site.

c.

Inlet protection. Protect inlets to storm drains, culverts and other storm water conveyance systems from siltation until the site is stabilized.

d.

Soil stockpiles. Locate soil stockpiles away from channelized flow and no closer than 25 feet from roads, ditches, lakes, streams, ponds, wetlands or environmental corridors, unless otherwise approved by the village engineer. Any soil stockpile that remains inactive for more than 14 days shall be stabilized.

e.

Cut and fill slopes. Minimize the length and steepness of proposed cut and fill slopes and stabilize them as soon as practicable. All slopes built to 4:1 slope or steeper shall require appropriate slope stabilization matting.

f.

Channel flow. Trap sediment in channelized flow before discharge from the site, using BMPs such as sediment traps and sediment basins. Stabilize open channels as soon as practicable and utilize appropriate channel erosion mat for all permanent drainage ways. Temporary swales may require channel erosion mat for stabilization based on duration of use and areas served, as directed by the village engineer.

g.

Outlet protection. Protect outlets from erosion during site dewatering and storm water conveyance, including velocity dissipation at pipe outfalls or open channels entering or leaving a storm water management facility.

h.

Overland flow. Trap sediment in overland flow before discharge from the site, using BMPs such as silt fence and vegetative filter strips.

i.

Site dewatering. Treat pumped water to prevent or minimize sediment prior to discharge from the site, using BMPs such as sediment basins and portable sediment tanks. The discharge from the dewatering activities shall not cause erosion downstream.

j.

Dust control. Minimize dust to the maximum extent practicable from leaving the construction site though construction phasing and timely stabilization or the use of BMPs such as site watering and mulch if phasing and stabilization are not effective.

k.

Topsoil application. Save existing topsoil and reapply a minimum of four inches to all disturbed areas for stabilization, unless otherwise approved by the village engineer. If adequate topsoil does not exist on the site to meet this requirement, it shall be imported.

l.

Waste material. Recycle or properly dispose all waste and unused building materials in a timely manner. Control runoff from waste materials until they are removed or reused.

m.

Sediment cleanup. By the end of each workday, clean up all off-site sediment deposits or tracked soil that originated from the permitted site. Flushing shall not be allowed unless runoff is treated before discharge from the site.

n.

Final site stabilization. All previous cropland areas where land disturbing activities will not be occurring under the proposed grading plans, shall be stabilized within 30 days of permit issuance. Stabilize all disturbed areas within seven days of final grading and topsoil application. Any soil erosion that occurs after final grading or the application of stabilization measures must be repaired and the stabilization work redone.

o.

Temporary site stabilization. Any disturbed area that remains inactive for greater than 14 calendar days shall be stabilized with temporary stabilization measures such as soil treatment, temporary seeding or mulching. For purposes of this subsection, "inactive" means that no site grading, landscaping or utility work is occurring on the site and that precipitation events are not limiting these activities. Frozen soils do not exclude the site from this requirement.

p.

Removal of practices. Remove all temporary BMPs such as silt fences, ditch checks and sediment traps as soon as all disturbed areas have been stabilized upon approval by the village.

(5)

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 paragraph.

(d)

Location. The BMPs used to comply with this section shall be located prior to runoff entering waters of the state.

(e)

Alternate requirements. The village engineer may establish storm water management requirements more stringent than those set forth in this section if the village engineer determines that an added level of protection is needed to protect an environmentally sensitive resource or other property, or to address a change made during plan implementation.

(Ord. No. 38-2016, § S.07, 4-7-2016)

(a)

Permit required. No responsible party may commence a land disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the building inspector or village engineer.

(b)

Permit application and fees. The responsible party desiring to undertake a land disturbing construction activity subject to this chapter shall submit to the village an application for a permit and an erosion and sediment control plan that meets the requirements of 105-9 and shall pay an application fee as determined by the village board. In addition to the fees that are described herein, reimbursement may be required pursuant to section 14-19 of the village Code. By submitting an application, the applicant is authorizing the village board, building inspector and village engineer to enter the site to obtain information required for the review of the erosion and sediment control plan and the Village to distribute the submittal to the village engineer and building inspector.

(c)

Review and approval of permit application. The building inspector shall review all one-family and two-family residential permit applications submitted with an erosion and sediment control plan and the required fee. The village engineer shall review all other permit applications that are submitted with an erosion and sediment control plan and the required fee. The village engineer may be require review of any one-family or two-family residential permit applications if one acre or more of land disturbing activity is proposed. The following approval procedure shall be used:

(1)

Within 25 business days of the receipt of a complete permit application, as required by subsection (b), the building inspector or village engineer shall inform the applicant whether the application and plan are approved, approved with conditions or disapproved based on the requirements of this chapter.

(2)

If the permit application and plan are approved or approved with conditions, the building inspector or village engineer shall issue the permit.

(3)

If the permit application or plan is not approved, the building inspector or village engineer shall state in writing the reasons for disapproval.

(4)

The building inspector and/or village engineer may request additional information from the applicant. If additional information is submitted, the building inspector and/or village engineer shall have up to 15 business days from the date the additional information is received to inform the applicant that the plan is either approved, approved with conditions, or disapproved.

(d)

Financial guarantee. As a condition of approval and issuance of the permit, the building inspector or village engineer 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.

(e)

Permit requirements. All permits shall require the responsible party to:

(1)

Notify the building inspector or village engineer within 48 hours of commencing any land disturbing construction activity, based on the type of land disturbing activity.

(2)

Notify the building inspector or village engineer of any significant modifications proposed to be made to the approved plan. The village may require proposed changes to be submitted for review prior to incorporation into the approved plan or implementation. Any significant modifications made during the plan implementation without prior approval by the building inspector or village engineer is prohibited and may be subject to enforcement action.

(3)

Install all BMPs as identified in the approved erosion and sediment control plan.

(4)

Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan until maintenance responsibility is transferred to another party pursuant to the recorded maintenance agreement

(5)

Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site erosion control log that is available to village officials.

(6)

Inspect the BMPs within 24 hours after each rain of 0.5 inches or more and at least once each week, make needed repairs within 24 hours, unless the village engineer or building inspector approves a longer period due to weather conditions, or upon notification by the village and document the findings of the inspections and repairs in a site erosion control log with the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site. The erosion control log shall be available to the village officials.

(7)

Allow the village board, building inspector and village engineer, or 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. The on-site copy must contain all approved modifications to the plan.

(f)

Permit conditions. Permits issued under this section may include conditions established by the building inspector and/or village engineer in addition to the requirements set forth in sub. (e), where needed to assure compliance with the performance standards in 105-7.

(g)

Permit duration. Permits issued under this section shall be valid the length of the building permit or other construction authorizations. The building inspector or village engineer may require additional BMPs if they are necessary to meet the requirements of this chapter.

(h)

Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.

(i)

Permit termination. The responsible party may request in writing to terminate this permit upon completion of all land disturbing activities, final site stabilization and removal of practices.

(Ord. No. 38-2016, § S.08, 4-7-2016)

(a)

Erosion and sediment control plan for sites of one-family and two family residential construction projects.

(1)

An erosion and sediment control plan shall be prepared and submitted to the village in duplicate. The village shall distribute the plan to the village building inspector.

(2)

Provide a narrative describing the proposed land disturbing activity, construction timeline and sequencing, temporary BMPs to be used to minimize off-site impacts during the construction phase, how the plan meets the guiding principles under 105-7(b) above and proposed methods to stabilize the site following construction in accordance with the requirements of this chapter.

(3)

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 60 feet per inch and at a contour interval not to exceed two feet.

a.

Existing topography, buildings, vegetative cover, natural and engineered drainage systems, roads and surface waters with respect to the property lines. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown.

b.

Drainage patterns and approximate slopes anticipated after major grading activities.

c.

Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.

(4)

Provide the name, address, e-mail address and daytime phone number of the person(s) charged with installing and maintaining all best management practices.

(5)

For underground utility installations, the plans must delineate where utilities will be installed, show the location of the open cut and topography in the area, and list the total lineal feet to be installed and the lineal feet that will be done by open cut.

(6)

Provide any other information for one-family and two family residential construction projects as required by § 101.653, Wisconsin Administrative Code.

(7)

Provide any other information deemed necessary by the building inspector to ensure compliance with the requirements of this chapter.

(b)

Erosion and sediment control plan for sites other than one-family and two-family residential.

(1)

An erosion and sediment control plan shall be prepared and submitted to the village in duplicate who shall distribute to the village engineer. Electronic submittals will be accepted for accompanying support materials. Permit application and fees need to be submitted to the village.

(2)

The erosion and sediment control plan shall be designed to meet the performance standards in 105-7 and other requirements of this chapter.

(3)

The erosion and sediment control plan shall include a narrative addressing how the plan meets the guiding principles under 105-7(b) above and the pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan narrative shall include, at a minimum, the following information:

a.

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 anticipated start and end dates for construction.

b.

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.

c.

A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and restoration. Sequencing shall identify the anticipated 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.

d.

Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities.

e.

Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.

f.

Calculations to show the BMPs, by design, discharge no more than 5 tons per acre per year, of the sediment load carried in runoff from initial grading to final stabilization.

g.

Existing data describing the surface soil as well as subsoils.

h.

Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.

i.

Name of the receiving water from the United States Geological Service 7.5 minute series topographic maps.

(4)

The erosion and sediment control plan narrative shall also include a description of appropriate controls and measures that will be performed at the site to prevent pollutants from reaching waters of the state. The narrative shall clearly describe the appropriate control measures for each major 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:

a.

Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.

b.

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 village engineer, structural measures shall be installed on upland soils.

c.

Management of overland flow at all sites, unless otherwise controlled by outfall controls.

d.

Trapping of sediment in channelized flow.

e.

Staging construction to limit bare areas subject to erosion.

f.

Protection of downslope drainage inlets where they occur.

g.

Minimization of tracking at all sites.

h.

Clean up of off-site sediment deposits.

i.

Proper disposal of building and waste materials at all sites.

j.

Stabilization of drainage ways.

k.

Control of soil erosion from dirt stockpiles.

l.

Installation of permanent stabilization practices as soon as possible after final grading.

m.

Minimization of dust to the maximum extent practicable.

n.

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 non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected

(5)

The erosion and sediment control plan shall include an existing site map(s), no larger than 24"x36", to 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.

a.

North arrow, graphic scale, date, name and contact information for the project engineer or planner and designation of source documents for all map features.

b.

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.

c.

Any identified 100-year flood plains, flood fringes and floodways shall also be shown.

d.

Site topography at a minimum contour interval of two feet.

e.

Site boundaries and adjacent lands which accurately identify site locations.

f.

Location of natural drainage patterns on the site and immediately adjacent to the site, and the size, slope, and land cover of the upslope and downslope drainage areas, including peak discharge, velocities, direction and destination of flows.

g.

Locations and dimensions of utilities, structures, roads highways and paving.

h.

All woodland areas, those proposed to be lost or transplanted during construction and acres or numbers of each. For woodlands proposed to be lost, show individual trees larger than eight inches in diameter that are located within 20 feet of proposed grading boundaries.

(6)

The erosion and sediment control plan shall include a proposed site map(s), no larger than 24"x36", to 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.

a.

North arrow, graphic scale, date, name and contact information for the project engineer or planner and designation of source documents for all map features.

b.

Locations and dimensions of all proposed land disturbing and land development activities, including building envelopes.

c.

Proposed site topography at a minimum contour interval of two feet, proposed percent slope for all open channels and side slopes, and all proposed runoff discharge points from the site.

d.

Locations and dimensions of all best management practices necessary to meet the requirements of this chapter.

1.

Temporary access drive and specified surface material and minimum depth.

2.

Temporary flow diversion device for upslope or roof runoff until site is stabilized.

3.

Temporary sediment trapping devices for site perimeter and inlets to culverts and storm drains.

4.

Temporary settling basin or other BMP to be used for site dewatering during utility or other subsurface work.

5.

Temporary soil stockpile sites indicating setbacks from nearby water resources or environmental corridors and the proposed erosion protection methods.

6.

Final stabilization measures for open channels and erosion protection for pipe and channel inlets, outlets and emergency spillways.

e.

Schedule of anticipated starting and completion date of each land disturbing or land development activity including the installation of site best management practices needed to meet the requirements of this chapter.

f.

Provisions for maintenance of the best management practices during construction.

g.

Description of vegetation and other materials to be used to stabilize the site including a schedule for installation and maintenance.

h.

Location and dimensions of stormwater management measures, including, but not limited to post development peak flows, drainage system dimensions and computations.

i.

Provide certification of all computations, designs and final construction by a registered professional engineer licensed in the state.

(7)

A professional engineer, licensed in the state, shall stamp and sign a statement approving all designs and certifying that they have read the requirements of this chapter and that, to the best of their knowledge, the submitted plans comply with the requirements.

(8)

Provide any other information deemed necessary by the village engineer to ensure compliance with the requirements of this chapter.

(c)

Amendments. The applicant shall amend the plan if any of the following occur:

(1)

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.

(2)

The actions required by the plan fail to reduce the impacts of pollutants carried by construction site runoff.

(3)

The building inspector or village engineer notifies the applicant of changes needed in the plan.

(Ord. No. 38-2016, § S.09, 4-7-2016)

The fees referred to in other sections of this chapter shall be established by the village board and may from time to time be modified by resolution. A schedule of the fees established by the village board shall be available for review in the clerk's office of the village.

(Ord. No. 38-2016, § S.10, 4-7-2016)

The building inspector or village engineer, as the plan review authority is delegated in section 105-9, shall inspect any construction site that holds a permit under this chapter at least once a month during the period starting March 1 and ending October 31 and at least 2 times during the period starting November 1 and ending February 28 to ensure compliance with the approved sediment and erosion control plan.

(Ord. No. 38-2016, § S.11, 4-7-2016)

The village is authorized to use any or all of the following methods of enforcement in any combination thereof against any applicant or any responsible party that is found to be in violation of any provision of this chapter.

(1)

The building inspector or village engineer may post a stop-work order if any of the following occurs:

a.

Any land disturbing construction activity regulated under this chapter is being undertaken without a permit or in violation of permit or ordinance.

b.

The erosion and sediment control plan is not being implemented per the approved plan.

c.

The conditions of the permit are not being met.

(2)

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 building inspector or village engineer may revoke the permit.

(3)

If the responsible party, where no permit has been issued, does not cease the activity after being notified by the building inspector, village engineer or their designate, or if a responsible party violates a stop-work order posted under subsection (1), the building inspector or village engineer may request the village attorney to obtain a cease and desist order in any court with jurisdiction.

(4)

The building inspector, village engineer or the village board may retract the stop-work order issued under subsection (1) or the permit revocation under subsection (2).

(5)

After posting a stop-work order under subsection (1), the building inspector or village engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The village 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 building inspector and/or village engineer or other authorized village designate, plus interest at the rate authorized by the village board shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. subch. VII of ch. 66.

(6)

Every violation of this chapter is a public nuisance and is subject to the penalties described in section 1-7 of the village Code.

(7)

Compliance with the provisions of this chapter 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.

(Ord. No. 38-2016, § S.12, 4-7-2016)

(a)

Zoning board of appeals. The zoning board of appeals shall hear and decide written appeals where it is alleged that there is error in any order, decision or determination made by the building inspector or village engineer in administering this chapter except for cease and desist orders obtained under 105-12 (3).

(1)

Upon appeal, 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 the chapter will result in unnecessary hardship not due to appellants own making; and

(2)

Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

(b)

Who may appeal. Appeals to the zoning board of appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the village affected by any decision of the building inspector or village engineer.

(Ord. No. 38-2016, § S.13, 4-7-2016)