Zoneomics Logo
search icon

Waterloo Jefferson County
City Zoning Code

§ 385-22

Erosion control.

A. 
Authority; purpose. This section is adopted pursuant to § 62.234, Wis. Stats., 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 Subsection C below.
B. 
Erosion control permit.
(1) 
Required. No landowner, land user or contractor shall, within the City, commence any activity enumerated in Subsection C below before obtaining an erosion control permit from the Building Inspector.
(2) 
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 Subsection D below and a fee as set forth on the application for permit.
(3) 
Grant or denial of permit. Within 10 working days after receipt of the application, the Building Inspector shall grant or conditionally approve 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.
(4) 
Exceptions. A permit shall not be required for the following:
(a) 
Agriculture land use. The use of land for planting, growing, cultivating and harvesting of crops and the pasturing or yarding of livestock.
(b) 
State projects. Any state-funded or -conducted activity which requires an erosion control plan similar to the requirements of this section.
(5) 
Duration. Permits and erosion control plan approvals shall be valid for a period of 180 days or the length of the building permit or other construction authorization, whichever is longer, from the date of issuance. The Building Inspector may extend the period one or more times for a total of 12 months. The Building Inspector may require additional best management practices as a condition of the extension if they are necessary to meet the requirements of this section.
C. 
Subject land disturbing activities. The land disturbing activities requiring a permit under Subsection B above 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 3,000 square feet or more and a slope greater than 5% or involving an area of 500 square feet or more and a slope greater than 15%.
(2) 
Those involving excavation or filling, or a combination thereof, affecting 100 cubic yards or more of dirt and/or other excavation or fill material.
(3) 
Those involving street, highway, road or bridge construction or reconstruction, except state projects as set forth in Subsection B(4)(b) above.
(4) 
Those involving the laying or repair of underground pipe, cables and similar utilities for a distance of 300 feet or more.
(5) 
Site dewatering which may create sediment control problems.
D. 
Erosion control plan.
(1) 
General. All best management practices required to comply with this section shall meet the design criteria, standards and specifications in the latest edition of the Wisconsin Construction Site Best Management Practice Handbook, as published and amended from time to time by the State Department of Natural Resources. 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.
(2) 
Erosion control devices. Erosion control devices shall include, but are not 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 control devices recognized by the Wisconsin Construction Site Best Management Handbook.
E. 
Other requirements.
(1) 
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.
(2) 
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.
(3) 
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier.
F. 
Inspection. The Building Inspector shall inspect the site as often as he deems necessary for the enforcement of this section.
G. 
Enforcement.
(1) 
Stop-work order. The Building Inspector may post a stop-work order if:
(a) 
Any land disturbing activity requiring a permit under this section is undertaken without a permit;
(b) 
The approved control plan, or any approved revised control plan, is not being implemented in a good faith manner; or
(c) 
The conditions of the permit are not being met.
(2) 
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.
(3) 
Permit revocation. If, within 10 days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the approved control plan, the Building Inspector may revoke the permit.
(4) 
Cease and desist order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within 10 days, the Building Inspector may request the City Attorney to obtain a cease and desist order.
(5) 
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 section. The Building Inspector may go on the land and commence the work after 14 days from issuing the notice of intent. If conditions are likely to result in sediment from the site damaging adjacent properties or reaching surface waters, the Building Inspector may enter the land and take emergency actions necessary to prevent sediment or other pollutants from damaging adjacent properties or reaching surface waters, public rights-of-way and storm sewers. The costs of the work performed by the Inspector shall be billed to the permittee or the landowner. In the event that the permittee or landowner fails to pay the amount due, the Clerk-Treasurer shall enter the amount due on the tax rolls and collect it as a special charge against the property, pursuant to § 66.0627, Wis. Stats.
H. 
Appeals. 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 § 385-30 of this chapter.
I. 
Penalty. Any person violating any provision of this section shall be subject to a forfeiture of not less than $50 nor more than $100 and the cost of prosecution for each violation. Each day a violation exists shall constitute a separate violation.
J. 
Definitions. For the purpose of this section, the following definitions shall be used:
BEST MANAGEMENT PRACTICE
A practice or combination of practices to control erosion and attendant pollution.
EROSION
The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
EROSION CONTROL PLAN
A written description and detailed site plan of best management practices designed to meet the requirements of this section submitted by the applicant for review and approval by the Building Inspector.