ORD20071258chap29good
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1258
AN ORDINANCE REPEAL AND RECREATE CHAPTER 29
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Erosion Control)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1: Chapter 29 is hereby repealed and recreated to read as follows:
Ord. #1258
CITY OF MUSKEGO
CHAPTER 29 - EROSION CONTROL
29.005 AUTHORITY
This ordinance is adopted under the authority granted by WI. Statutes, Section 62.234.
29.01 INTRODUCTION
(1) FINDINGS AND DECLARATION OF POLICY. The City finds that urbanizing land uses
have accelerated the process of soil erosion, and sedimentation in the waters of the
City. It is, therefore, declared to be the policy of the City to provide for the control and, if
possible, the prevention of soil erosion, and thereby to preserve the natural resources,
control floods, protect the capacity of drainage facilities, and prevent impairment of
dams and reservoirs, protect the quality of public waters, preserve wildlife, protect the
tax base, and protect and promote the health, safety and general welfare of the people
of the City.
(2) INTENT AND PURPOSE. The purpose of this Chapter is to promote the public health,
safety, property and general welfare of the citizens of the City and to conserve the soil,
water and related resources and control erosion and sedimentation caused by land
disturbing activities.
(3) APPLICABILITY. This Chapter shall apply to the use of lands within the incorporated
boundaries of the City and the use of land subject to extraterritorial land division review
pursuant to Chapter 18 of this Code.
(a) Exceptions:
1. One & Two family home sites where dwelling construction commenced
after June 1, 1980, shall be regulated according to ILHR 21.125 as
found in the Wisconsin Uniform Dwelling Code (UDC). Permit fees and
related application procedures shall be per 29.06.
2. Construction of a public building that is a place of employment disturbing
5 or more acres of land, shall be regulated according to ILHR 50.115.
Permit fees and related application procedures shall be per 29.06.
Note: In the case of 1 & 2 above, the requirements of the UDC and ILHR 50.115 respectively,
cease to apply after all final inspections have been approved and this code shall apply
thereafter.
(4) INTERPRETATION. In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements and shall be liberally construed
in favor of the City and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
(5) TIME FOR COMPLIANCE. Land disturbing activities commenced after the effective
date of this Chapter shall be in compliance with all provisions of the Chapter.
2
Ord. #1258
29.015 ADMINISTRATION
(1) DELEGATION OF AUTHORITY. The Council herewith designates the Building
Inspection Director to administer and enforce the provisions of this Chapter. The
Building Inspection Director may appoint assistants to aid in the performance of his
duties and may seek technical advice as needed from the Waukesha County
Department of Environmental Resources - Land Conservation Division and/or WDNR
as to the adequacy of any proposed plan and permit application submitted to him.
(2) ADMINISTRATIVE DUTIES. In the administration and enforcement of this Chapter, the
Building Inspection Director shall perform the following duties:
(a) Keep an accurate record of all plan data received, plans approved, permits
issued, inspections made and other official actions.
(b) Review all plans and permit applications received when accompanied with the
necessary information and the appropriate fee and issue the permits required by
Sec. 29.06 (1) of this Chapter in accordance with the procedure as set forth in
this Chapter, but only when the erosion and sedimentation will be controlled to
meet the standards of Sec. 29.05 of this Chapter.
(c) Investigate all complaints made to the application of this Chapter.
(d) Revoke any permit granted under this Chapter if it is found that the holder of the
permit has misrepresented any material fact in his permit application or plan; or
has failed to comply with the plan as originally approved or as modified in writing
subsequently by the Building Inspection Director; or has willfully refused to
correct a violation within the time specified on a correction order; or has denied
the Building Inspection Director access to the site; or has violated any of the
other conditions of the permit as issued to the applicant.
29.02 LAND DISTURBING ACTIVITIES SUBJECT TO EROSION CONTROL
(1) GENERAL REQUIREMENT. Any landowner, land occupier or land user who
undertakes, begins, commences or performs land disturbing activities; or who permits
another person to do the same, on land subject to this section, shall be subject to the
provisions of this Chapter.
(2) LAND DISTURBING ACTIVITIES SUBJECT TO EROSION CONTROL. Land disturbing
activities shall be subject to the erosion and sediment control provisions of this Chapter
if:
(a) An area of 2,000 square feet or greater will be disturbed by excavation, grading,
filling, demolition, or other earth-moving activities, resulting in the loss or
removal of protective ground cover, vegetation, or
(b) Excavation, fill or any combination thereof, will exceed 400 cubic yards, or
(c) Any watercourse is to be changed, enlarged or materials are removed from
stream or lake beds, or
3
Ord. #1258
(d) Any proposed land use by a unit of government or by public or private utilities in
which underground conduits, piping, wiring, waterlines, sanitary sewers or storm
sewers, or similar structures will be laid, repaired, replaced or enlarged, if such
use involves more than 300 linear feet of trenching or earth disturbance, or
(e) Any subdivision or minor land division as defined by Ch. 18 of this Code which
requires plat approval or any certified survey map is created.
(f) Any excavation, filling, demolition, removal of protective ground cover, or other
land disturbance, within 1000 feet of a lake or within 300 feet of any stream,
wetland, channel, ditch or other watercourse.
29.03 DEFINITIONS
(1) AGRICULTURAL LANDS. The land used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry enterprises, grazing,
nurseries, horticulture, viticulture, truck farming, forestry, sod production and wild crop
harvesting.
(2) APPLICANT(S). As used in 29.06(2), shall mean LAND OCCUPIER or LAND USER.
(3) BEST MANAGEMENT PRACTICE. Means a practice or combination of practices to
control erosion and attendant pollution.
(4) CONTROL PLAN. This term shall refer to an Erosion and Sedimentation Control Plan.
Said plan shall consist of a written or graphic description or condensation of written and
graphic description approved by the Building Inspection Director of methods for
controlling sediment pollution from accelerated erosion on a development area and/or
from erosion caused by accelerated runoff from a development area.
(4.5) DISTURBED CONDITION. A condition resulting from Land Disturbing Activities as
defined in 29.03(9). (Ord. #917 - 02/20/97)
(5) EROSION. The detachment or movement of soils, sediment or rock fragments by
water, wind, ice or gravity.
(6) EXCAVATION. Any act by which organic matter, earth, sand, gravel, rock or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or
bulldozed and shall include the conditions resulting therefrom.
(7) EXISTING GRADE. The vertical location of the existing ground surface prior to
excavation or filling.
(8) FILL. Any act by which earth, sand, gravel, rock, construction rubble, or any other
material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved
by man to a new location and shall include the conditions resulting therefrom.
(9) LAND DISTURBING ACTIVITIES. Any land alterations or disturbances which may
result in soil erosion, sedimentation and/or the increase in runoff, including, but not
limited to, removal of ground cover, grading, excavation, demolition and filling of land,
except that the term shall not include such minor land-disturbing activities such as
growing and tending of gardens and repair and maintenance of private driveways.
4
Ord. #1258
Additionally, this term does not include agricultural land uses such as planting, growing,
cultivation and harvesting of crops.
(10) LAND TREATMENT MEASURES. Structural or vegetative practices, or combinations
of both, used to control erosion and sediment production, including areas to be
protected by fencing.
(11) LAND OCCUPIER OR OCCUPIER OF LAND. Any person who has a fee simple
interest in the land either as sole owner, as a tenant in common or a joint tenant or
holds as a trustee, assignee, or holds as a land contract vendee.
(12) LAND USER. Those who use land, individually or collectively as owners, operators,
lessors, renters, occupiers who are providing a service that requires access or
alterations of the land in order to perform the service, or by other arrangement which
gives them the responsibility of private or public land use.
(13) PARCEL. All contiguous lands under the ownership or control of a land occupier or
land user.
(14) PERMIT. The signed written statement issued under this Chapter authorizing the
applicant to engage in general land disturbing uses specified and for a specified period
of time.
(15) PERMITTEE. Any person to whom a permit is issued under this Chapter.
(16) REMOVAL. Cutting vegetation to the ground or stumps, complete extraction or killing
by spraying.
(17) RUNOFF. Means rainfall, snowmelt, dewatering or irrigation water flowing over the
ground surface.
(18) SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being
transported, or has been moved from its site of origin by air, water, gravity of ice, and
has come to rest on the earth's surface at a different site.
(19) SEDIMENTATION. Settling or deposition of sediment.
(20) SOIL LOSS. Soil moved from a given site because of land disturbing activities or by
the forces of erosion and redeposited at another site on land or in a body of water.
(21) STOP WORK ORDER. A means of giving notice to the permittee that the Building
Inspection Director believes that the permittee has violated one or more provisions of
this Chapter. Notice is given both by posting upon the lands where the disturbing
activity occurs one or more copies of a poster and by certified mail to the permittee at
the address shown on the permit.
(22) STORM FREQUENCY. The average period of time in which a storm of given duration
and intensity can be expected to be equaled or exceeded, expressed in years. The
100 year recurrence interval storm, that storm having a 1% probability of being equaled
or exceeded in any given year, is generally used for floodland zoning regulation. Other
commonly used storm events include the 50 year recurrence interval storm, that storm
having a 2% probability of being equaled or exceeded in any given year, the 10 year
recurrence interval storm, that storm having a 10% probability of being equaled or
5
Ord. #1258
exceeded in any given year, and the 2 year recurrence interval storm, that storm having
a 50% probability of being equaled or exceeded in any given year.
(23) STORM WATER DRAINAGE SYSTEM. All facilities used for conducting storm water
to, through, or from a drainage area to the point of final outlet, including, but not limited
to, any of the following: conduits and appurtenant features, canals, channels, ditches,
streams, culverts, streets, pumping stations, grass waterways, detention basins,
retention basins, sedimentation basins and sedimentation traps.
(24) STRUCTURAL MEASURES. Any works or improvement for land stabilization to
prevent erosion, sediment or runoff which includes, but are not limited to, gully control
structures, grass waterways, riprap, detention basins, sediment basins, flood retention
dams, diversions, lining channels with rock, concrete or other materials. Contour strip
cropping is not a structural measure.
(25) WATERCOURSE. Any lake, pond, stream or other waters which are navigable under
the laws of the State.
(26) "WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT PRACTICE
HANDBOOK". Shall refer to the document of the same name, as published and
amended from time to time by the State of Wisconsin Department of Natural
Resources.
(27) WORK DAY. A calendar day, except Saturdays, Sundays and State recognized legal
holidays.
29.04 REGULATIONS OF LANDS NOT OTHERWISE SUBJECT TO THIS CHAPTER
(1) Notwithstanding any other provisions of this Chapter, it shall be a violation of this
Chapter for any condition to be established, maintained or allowed to be maintained,
that results in excessive erosion or sedimentation to adjacent land, public streets or
water bodies. Penalties and remedies may be sought for such activities as provided in
Sec. 26.09 of this Chapter. Erosion is excessive when, contrary to the standards set
forth in Sec. 29.05 below, an unsafe condition results in the streets; undue
sedimentation occurs in lakes, streams and drainage facilities; erosion endangers
downstream property owners or their property; or the public health and safety or
general welfare of the citizens of the City is harmed.
29.05 STANDARDS AND CRITERIA
(1) EFFECT OF COMPLIANCE with the standards and criteria of this Section shall not bar
a nuisance action or other civil action brought by any injured public or private party for
damage to property upon which the erosion directly occurred or to property or other
rights which were damaged by erosion or sedimentation.
(2) STANDARD FOR EROSION AND SEDIMENT CONTROL FOR LAND DISTURBING
ACTIVITIES. The Building Inspection Director shall not approve plans nor issue permits
required by this Chapter for land disturbing uses unless erosion and sedimentation
during and after the land disturbance will not exceed that which would have been
eroded if the land had been left in its undisturbed state and/or controlled in accordance
with established specifications, included in the "WISCONSIN CONSTRUCTION SITE
BEST MANAGEMENT PRACTICE HANDBOOK". Design criteria, standards and
specifications for BEST MANAGEMENT PRACTICES not covered in the "WISCONSIN
6
Ord. #1258
CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK" shall not be permitted
unless approved by the Building Inspector. Engineering costs incurred by the City to
review practices not covered by the "WISCONSIN CONSTRUCTION SITE BEST
MANAGEMENT PRACTICE HANDBOOK" shall be paid by the APPLICANT proposing
the alternate methods.
(3) STANDARD FOR TRACKING. For plan approval and issuance of a permit there must
be adequate provision to prevent the tracking or dropping of dirt or other materials from
the site onto any public or private street.
(4) EROSION CONTROL GENERAL PRINCIPLES. The following general principles of
erosion control shall be used by the Building Inspection Director when evaluating
erosion control plans and granting permits under this Chapter:
(a) Erosion control plans shall incorporate BEST MANAGEMENT PRACTICES to
reduce soil loss during construction.
(b) "Clean water" from the upslope areas should be diverted around disturbed
areas to keep clean water clean and to reduce the amount of water that must be
handled and treated on the disturbed area.
(c) The construction area size and duration of exposure must be minimized, to the
extent practicable, to reduce the amount of pollutants leaving the site.
(d) Temporary vegetation, mulching or other cover shall be used to protect critical
areas, and permanent vegetation shall be installed as soon as practical.
(e) Receiving channels, drainageways or outlets must be prepared to handle runoff
from the construction site during and after construction without erosion or other
degradation.
(f) The plan of development shall relate to the topography and soils of the site so
that the lowest potential for erosion is created.
(g) Existing plant covering or vegetation shall be retained and protected whenever
feasible.
(h) While the site is disturbed, temporary measures must be used to trap pollutants
and prevent their movement off site.
(i) Continuous monitoring and maintenance of BEST MANAGEMENT PRACTICES
must be done to keep the BEST MANAGEMENT PRACTICES functioning
properly. Maintenance shall be consistent with the maintenance standards
contained in the "WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT
PRACTICE HANDBOOK".
(5) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The following
requirements shall be met on all sites described in 29.02(2):
(a) Tracking prevention. 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 before the end of each work
7
Ord. #1258
day. Flushing may not be used unless the sediment will be contained by filter
fabric, straw bale barrier, sediment trap, sediment basin or equivalent.
(b) Drain Inlet Protection. All storm drain inlets shall be protected with straw bale
barriers, filter fabric or equivalent barrier.
(c) Soil Stockpile Protection. All soil or dirt storage piles shall be located 25 feet
away from any downslope roadway, lake, stream, channel, ditch, wetland, or
other watercourse. Soil or dirt piles located closer than 25 feet to any roadway,
waterbody or watercourse must be covered with tarps or protected by the use of
additional BEST MANAGEMENT PRACTICES.
(d) Site Dewatering. Water pumped from the site shall be discharged to an
appropriately sized filter fabric barrier, straw bale barrier, sediment trap,
sediment basin or equivalent BEST MANAGEMENT PRACTICE. Water may not
be discharged in a manner that causes erosion, damages the site, adjacent
properties or receiving channels.
(e) Sediment Cleanup. All off-site sediment deposits occurring as a result of a
storm event shall be cleaned up within 24 hours of the occurrence. All other off-
site sediment deposits occurring as a result of construction activities shall be
cleaned up each work day.
(f) Waste, Material Management and Disposal. All waste and unused building
materials shall be properly managed and disposed to prevent pollutants and
debris from being carried by runoff off the site.
(g) Clean Water Diversions. Channelized runoff or sheetflow runoff from adjacent
areas passing through the construction site shall be diverted around the
disturbed area, if practical and if such diversion will not create adverse affect on
receiving areas.
(h) Temporary BEST MANAGEMENT PRACTICES. The following temporary BEST
MANAGEMENT PRACTICES shall be used for the specific site conditions, to
control sediment, where erosion during construction will result in sediment
reaching waters of the state, public sewers or other off-site areas.
1. Construction areas with drainage areas less than one acre which will
result in overland flow shall be protected with filter fabric fences or an
equivalent BEST MANAGEMENT PRACTICE placed along the
downslope area or the disturbed area shall be properly mulched.
2. Construction sites with drainage areas of two acres or less, with
concentrated or channelized flow, shall be protected with a filter fabric
barrier, sediment trap, sediment basin or equivalent BEST
MANAGEMENT PRACTICE placed at the downslope point of the
disturbed area or the disturbed area and properly mulched.
3. Construction sites with drainage areas five acres or less shall be
protected with a sediment trap, sediment basin or equivalent BEST
MANAGEMENT PRACTICE at the downslope point of the disturbed
area.
8
Ord. #1258
4. Drainage areas of five acres or more shall be protected with a sediment
basin or equivalent BEST MANAGEMENT PRACTICE placed at the
downslope point of the disturbed area.
5. Steep slopes of 12 or more percent may require the use of additional
BEST MANAGEMENT PRACTICES.
6. For shorelands as identified by the WI. DNR in ss. NR 115 Wi. Adm.
Code, only specific BEST MANAGEMENT PRACTICES or more
stringent use of BEST MANAGEMENT PRACTICES is permitted, as
specified in the "WISCONSIN SITE BEST MANAGEMENT PRACTICE
HANDBOOK".
(i) Site Stabilization. The construction site shall be stabilized by seeding, sodding
or other permanent method.
1. All disturbed ground left inactive for 7 or more work days, shall be
stabilized by temporary or permanent seeding, sodding, mulching or
other equivalent method. The City Building Inspection Director may vary
this requirement, if delay or failure to comply is beyond the control of the
permittee and/or the landowner.
2. After the disturbed area is properly stabilized and erosion resistant
vegetation or other permanent measures have been established and
determined to be adequate by the Building Inspection Director, the
temporary BEST MANAGEMENT PRACTICES can be removed.
(6) Design Criteria, Standards and Specifications for BEST MANAGEMENT PRACTICES.
All BEST MANAGEMENT PRACTICES required to comply with this ordinance shall
meet the design criteria, standards, specifications and maintenance requirements of
the "WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT PRACTICE
HANDBOOK". Design criteria, standards and specifications not contained in the
"WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK" shall be
approved by the Building Inspection Director. The Building Inspection Director may
consult the City Engineers regarding designs not contained in the "WISCONSIN
CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK" and the applicant shall be
responsible for any related engineering review costs. Said charges shall be due and
payable, prior to issuance of the permit required by this code.
29.06 APPLICATION AND ISSUANCE OF PERMITS
(1) LAND DISTURBANCE PERMIT REQUIRED. Unless specifically excluded by this
Chapter, no land occupier or land user may undertake a land-disturbing activity subject
to this Chapter without receiving a permit and filing an Erosion Control Deposit with the
Clerk-Treasurer prior to commencing the proposed activity. Each land occupier or land
user desiring to undertake a regulated activity subject to this Chapter shall submit to
Building Inspection Director an application for a permit together with a fee. Exceptions
to this requirement are as follows: (Ord. #1040 - 10-05-2000)
(a) The owner and occupier of public lands are exempt from payment of any permit
fees.
9
Ord. #1258
(b) In lieu of an individual permit for each land-disturbing permit activity, subject to
this Chapter, an annual permit may be issued to public or private utilities and
governmental units, for a fee as listed in the Schedule of Permit Fees, Table 1,
Chapter 30. The utility or government unit shall agree to adopt and follow a
procedure for each land-disturbing activity which meets all applicable standards
contained in this Chapter. Further, the permit shall stipulate that in the event a
utility or governmental unit activity fails to meet the standard, the permit shall
terminate and the utility or governmental unit shall be subject to the penalties of
this Chapter. An erosion control plan, as specified in Subsections (3) and (4)
below, shall be submitted for each activity prior to any land disturbance within
the time frame as specified in Subsection (6) (d) below.
(c) A permit fee shall be collected prior to the time a permit is issued under this
Code. The permit fee required by this Code shall be as from time to time
established by Resolution of the Common Council and listed in the Schedule of
Permit Fees, Table 1. Such Resolution shall remain on file with the Clerk-
Treasurer and in the office of Building Inspection.
(2) NO PERMITS TO VIOLATORS: Applicants having outstanding orders, notices, or
unpaid fees or forfeitures, relative to this Chapter or other Chapters enforced by the
City, shall not be issued any additional permits, prior to such orders, notices, or fees
being corrected and/or paid to the inspection department's satisfaction.
(a) EXCEPTION: The inspector or other authorized individual may issue permits to
applicants with outstanding orders, notices, or unpaid fees or forfeitures, when
the permit is required to comply with an outstanding order or notice.
(b) No permit shall be issued under this Code to any person for work to be
performed on land, if any occupier or user of said land has outstanding orders,
notices, or unpaid fees or forfeitures, relative to this chapter or other chapters
enforced by the City.
(3) EROSION CONTROL PLAN REQUIRED Unless specifically exempted by this Chapter,
every applicant for a permit required by this Chapter shall develop and submit a plan to
control erosion, and sedimentation which would result from the proposed activity. If the
proposed land-disturbing activity involves less than 1/2 acre of land, the permit
applicant may submit a simplified Erosion Control Checklist Plan on forms available
from the Building Inspection Director. An approved Erosion Control Checklist Plan,
specifying those control devices and practices necessary to control erosion and signed
by the permit applicant and the Building Inspection Director shall constitute the
approved control plan.
(4) CONTENTS OF THE EROSION CONTROL PLAN
(a) Existing site map.
1. Site boundaries and adjacent lands which accurately identify the site
location.
2. A topographic map at a scale not smaller than one inch equals 100 feet
with a vertical contour interval of 2 feet, of the site including enough of
the contiguous properties to show existing drainage patterns,
10
Ord. #1258
watercourses, lakes, wetlands, streams, ditches on and immediately
adjacent to the building site.
3. The limits of 100 year floodplains, floodfringes and floodways if any.
4. Location of predominate soil types:
5. Existing vegetative cover:
(b) Plan Of Final Conditions. A plan of final site conditions at the same scale as the
existing map, showing the changes, including the finished grade, stormwater
runoff and drainage patterns, the location of proposed paved and other
impervious surfaces and the location and kinds of utilities.
(c) Site Construction Erosion And Sediment Control Plan.
1. Location and dimension of all proposed land disturbing activities and
proposed temporary drainage patterns:
2. Locations and dimension of all temporary soil or dirt piles:
3. Locations, dimensions, design computations and construction
specifications of all BEST MANAGEMENT PRACTICES necessary to
meet the requirements of this ordinance:
4. Schedule of anticipated starting and completion date of each land
disturbing or land developing activity, including the installation of all
BEST MANAGEMENT PRACTICES needed to meet the requirements of
this ordinance; and
5. Provisions for maintenance of the BEST MANAGEMENT PRACTICES
during construction.
6. Description of temporary and permanent vegetation and/or erosion
resistant materials to be utilized to stabilize the site, including a schedule
for establishment or installation and maintenance.
(5) REVIEW OF APPLICATION The Building Inspection Director shall receive and review
all permit applications which are accompanied by either an erosion control plan, or an
erosion control checklist plan, together with the appropriate fee. The Building
Inspection Director shall determine if measures included in the plan to control erosion
and sedimentation during and after the land disturbing activities are adequate to meet
all the applicable standards as set out in Sec. 29.05 of this Chapter. The Building
Inspection Director shall inform the applicant in writing whether he approves,
conditionally with modifications, or disapproves the control plan. If the Building
Inspection Director approves the control plan, he shall issue the permit. If additional
information or modifications are required, the Building Inspection Director shall so notify
the applicant. In the event that the plan is disapproved, the applicant may resubmit a
new control plan or may appeal the Building Inspection Director's decision as provided
in Sec. 29.08 of this Chapter. If the Building Inspection Director requires modification
of the erosion control plan, the applicant must modify the permit application and control
plan accordingly and reapply for the permit, or the applicant may appeal the decision as
provided in Sec. 22.08 of this Chapter.
11
Ord. #1258
(6) PERMIT CONDITIONS All permits issued under this Chapter shall be issued subject to
the following conditions and requirements and any permittee who begins to perform
any land disturbing activity authorized by permit shall be deemed to have accepted all
of these conditions.
(a) That all land disturbances, construction and development will be done pursuant
to the erosion control plan as approved by the Building Inspection Director.
(b) That the permittee shall give at least 2 working days written notice to the
Building Inspection Director in advance of the start of any land disturbing
activity.
(c) That the permittee shall file written notice of completion of all land disturbing
activities and/or the completion of installation of all on-site sedimentation
facilities within 10 work days of completion.
(d) That approval in writing must be obtained from the Building Inspection Director
prior to any modifications to the approved erosion control plan.
(e) That the permittee will be responsible for maintaining all public rights of way,
streets, runoff and drainage systems and drainageways as specified in the
approved erosion control plan until they are accepted and become the
responsibility of the City.
(f) That the permittee will be responsible for repairing any damage at his expense
to all adjoining streets, waterways, and properties caused by excessive
sedimentation resulting from activities which are not in compliance with the
approved erosion control plan.
(g) That the permittee and/or owner must provide, install and maintain at his/her
expense, all drainage and erosion control improvements required by this
Chapter and the approved erosion control plan. Standards for maintenance of
control measures, shall be as set forth by the "Wisconsin Construction Site Best
Management Practice Handbook"
(h) That no work will be done on the site during periods of high wind velocity unless
provision has been made to eliminate dust and blowing dirt.
(i) That all disturbed ground left inactive for 7 or more work days shall be stabilized
by temporary or permanent seeding, sodding, mulching or other equivalent
method. If temporary seeding is used, a permanent cover shall also be required
as part of the final site stabilization.
(j) That the permittee agrees to permit the Building Inspection Director to enter
onto the land regulated under this Chapter for the purpose of inspecting for
compliance with the approved control plan and permit.
(k) That the permittee authorizes the Building Inspection Director to perform any
work or operations necessary to bring the condition of the lands into conformity
with the approved control plan or plan as modified by the Building Inspection
Director and further consents to the City placing the total of the costs and
12
Ord. #1258
expenses of such work and operations upon the tax roll as a special tax against
the property.
(7) PERMIT DURATION Permits issued under the Chapter shall be valid for a period, as
specified on the face of the permit by the Building Inspection Director, but in no case
will a permit be valid for more than 12 months and all work including site restoration,
shall be completed prior to the expiration date of the permit. However, the Building
Inspection Director is authorized to extend the expiration date of the permit if he finds
that such an extension will not cause an increase in erosion, sedimentation or runoff.
The Building Inspection Director is further authorized to modify the conditions and/or
plans if necessary to prevent any increase in sedimentation, erosion or runoff resulting
from any extension. The Building Inspection Director shall immediately notify the permit
holder in writing by first class mail addressed to the permit holders last known address
of any modifications made under this authority.
29.07 ENFORCEMENT AND INSPECTIONS
(1) INSPECTION AUTHORITY. The Building Inspection Director is authorized to enter
upon any public or private lands affected by this Chapter to inspect the land prior to
permit issuance for the purpose of determining whether to approve the plan and, after
permit issuance, to determine compliance with this Chapter. If permission cannot be
received from the land occupier or user, entry by the Building Inspection Director shall
be in accordance with SS 66.122 and 66.123, Wis. Stats.
(2) ENFORCEMENT AUTHORITY. The Building Inspection Director is authorized to post a
stop work order upon land which has had a permit revoked or to post a stop work order
upon land which is currently undergoing any land disturbing activity in violation of this
Chapter. The Building Inspection Director shall supply a copy of each stop work order
to the City Attorney. The order shall specify that the activity must be ceased or brought
into compliance with this Chapter immediately. Any stop work order shall remain in
effect until the land disturbing activity is brought into compliance with this Chapter. The
Building Inspection Director is authorized to refer any violation of this chapter or of a
stop work order issued pursuant to this Chapter to the City Attorney for the
commencement of further legal proceedings.
29.08 APPEALS
(1) AUTHORITY. The Board of Appeals shall:
(a) Hear and decide appeals where it is alleged that there is error in any order,
requirement, decision or determination made by the Building Inspection Director
in administering this Chapter.
(b) Authorize, upon appeal in specific cases, such variances from the terms of this
Chapter as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Chapter would cause
an undue hardship.
(2) WHO MAY APPEAL. Appeals may be taken by any person aggrieved or by any officer,
department or board of the City affected by the order, or requirement, decision or
determination made by the Building Inspection Director. Such appeals shall be filed
13
Ord. #1258
with the Planning Director within 20 days of the date of the written notice of the
decision or order of the Building Inspection Director.
29.09 VIOLATIONS
(1) PENALTY. Any person, either the owner or the occupant of the premises, who
violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement
of any of the provisions of this chapter, shall be subject to a forfeiture of not less than
$100 nor more than $1,000 plus the costs of prosecution for each violation. Each day
that a violation exists or continues shall constitute a separate offense. Once land
disturbing activities are performed in violation of any provision of this chapter, each day
that a DISTURBED CONDITION exists without benefit of proper erosion control
measures as required by BEST MANAGEMENT PRACTICES, shall constitute a
separate offense and shall be subject to a forfeiture of not less than $100.00 nor more
than $1,000.00 for each day that said condition continues to exist. The City may also
seek an order to restore the property to the condition required by this chapter.
Note: For purposes of establishing days of violation, all calendar days, including
weekends and holidays shall be counted as separate violations until compliance is
achieved. "WORK DAY" is intended to help establish a time frame for compliance prior
to the issuance of a citation and shall not be utilized when determining total days of
violation. (Ord. #917 - 02/20/97)
(2) ENFORCEMENT OF INJUNCTION. Compliance with the provisions of this Chapter
may also be enforced by injunction. It shall not be necessary to prosecute for forfeiture
before resorting to injunction proceedings.
(3) PERFORMANCE OF WORK BY THE CITY. When the Building Inspection Director
determines that the holder of a permit issued pursuant to this Chapter has failed to
make any improvements or follow practices as approved in the plan, or has failed to
comply with the time schedule as included in the plan, the Building Inspection Director
or a party designated by him may, after giving not less than two (2) days written notice
to the permittee, enter upon the land and cause to be performed the work or other
operations necessary to bring the condition of said lands into conformity with the
requirements of the approved plan. The Building Inspection Director shall keep a
detailed accounting of the costs and expenses of performing this work and these costs
and expenses shall be entered on the tax roll as a special tax against the property and
collected with any other taxes levied thereon for the year in which the work is
completed, pursuant to §66.60(16), Wis. Stats. (Ord. #1040 – 10-05-2000)
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinances whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage
and publication.
14
Ord. #1258
PASSED AND APPROVED THIS 10TH DAY OF ___JULY____, 2007.
CITY OF MUSKEGO
_____________________________
John R. Johnson, Mayor
First Reading: 6/26/2007
ATTEST:
___________________________
Janice Moyer, Clerk Published this 19th day of July, 2007
15