ORD1995881COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #E81
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 29
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Soil Erosion)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
SECTION 1: Chapter 29 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby repealed and recreated and made a
part of the Municipal Code as adopted by Ordinance #881, as
amended.
SECTION 2: A copy of said Ordinance has been on file in the
Office of the City Clerk and open to public inspection for not less
Ordinance is hereby incorporated into the Municipal Code of the
than two weeks prior to the date of this Ordinance and said
City.
declared to be severable. If any section or portion thereof shall
SECTION 3: The several sections of this Ordinance are
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
provisions, sections, or portion thereof of the Ordinance which
in the decision, and not affect the validity of all other
shall remain in full force and effect. Any other ordinance 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hereby repealed as to those terms that conflict.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.
PASSED AND APPROVED THIS l2TH DAY OF DECEMBER , 1995.
CITY OF MUSKEGO
David L./De Angelis, Mayor
I ATTEST:
K Wd First Reading 11/14/95
Deferred 11/28/95
J K. Marenda, City Clerk
Published on the 21st
day of December, 1995.
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #881
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 29
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Soil Erosion)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 29 of the Municipal Code of the City of
Muskego, Wisconsin is hereby repealed and recreated to read as
follows:
29,005
29.01
29.015
29.02
29.03
29.04
29.05
29.06
29.07
29.08
29-09
CHAPTER 29
EROSION CONTROL
Authority
Introduction
Administration
Land Disturbing Activities Subject to
Erosion Control
Definitions
Regulations of Lands Not Otherwise
Subject to this Chapter
Standards and Criteria
Application and Issuance of Permits
Enforcement
Appeals
Violations
EROSION CONTROL - (Ord. #e81 - 12-21-95)
29.005 AUTHORITY
This ordinance is adopted under the authority granted by WI. Statutes, Section
62.234.
29.01 INTRODUCTION
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
drainage facilities, and prevent impairment of dams and reservoirs,
the natural resources, control floods, protect the capacity of
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.
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.
APPLICABILITY. This Chapterjshall 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 L 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 L 2 above, the requirements of the UDC and ILHR 50.115
and this code shall apply thereafter.
respectively, cease to apply after all final 7 inspections have been approved
(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
granted by the Wisconsin Statutes.
and shall not be deemed a limitation or repeal of any other power
(5) TIME FOR COMPLIANCE. Land disturbing activities commenced after the
provisions of the Chapter.
effective date of this Chapter shall be in compliance with all
29.015
23.015 ADMINISTRATION
DELEGATION OF AUTHORITY. The Council herewith designates the
Building Inspector to administer and enforce the provisions of this
Chapter. The Building Inspector 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.
ADMINISTRATIVE DUTIES. In the administration and enforcement of
this Chapter, the Building Inspector shall perform the following
duties:
Keep an accurate record of all plan data received, plans
approved, permits issued, inspections made and other official
actions.
Review all plans and permit applications received when
accompanied with the necessary information and the appropriate
Chapter in accordance with the procedure as set forth in this
fee and issue the permits required by Sec. 23.06 (1) of this
Chapter, but only when the erosion and sedimentation will be
controlled to meet the standards of Sec. 23.05 of this Chapter.
Chapter.
Investigate all complaints made to the application of this
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 Inspector; or has willfully refused
to correct a violation within the time specified on a correction
order; or has denied the Building Inspector access to the site;
or has violated any of the other conditions of the permit as
issued to the applicant.
X~
29.02 LAND DISTURBING ACTIVITIES SUBJZCT 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 SOBJECT TO EROSION CONTROL. Land
disturbing activities shall be subject to the erosion and sediment
control provisions of this Chapter if:
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
Excavation, fill or any combination thereof, will exceed 400
cubic yards, or
Any watercourse is to be changed, enlarged or materials are
removed from stream or kke beds, or
2
(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
use involves more than 300 linear feet of trenching or earth
structures will be laid, repaired, replaced or enlarged, if such
disturbance, or
(e) Any subdivision or minor land division as defined by Ch. 10 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
or other watercourse.
lake or within 300 feet of any stream, wetland, channel, ditch
29.03 DEFINITIONS
AGRICULTURAL LANDS. The land used for the production of food and
poultry enterprises, grazing, nurseries, horticulture, viticulture,
fiber, including, but not limited to, general farming, livestock and
truck farming, forestry, sod production and wild crop harvesting.
APPLICANT(S). As used in 29.06(2), shall mean LAND OCCUPIER or LAND
USER.
BEST MANAGEMENT PRACTICE. .i.:eans a practice or combination of
practices to control erosion and attendant pollution.
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 Inspector of methods for controlling
and/or from erosion caused by accelerated runoff from a development
sediment pollution from accelerated erosion on a development area
area.
EROSION. The detachment or movement of soils, sediment or rock
fragments by water, wind, ice or gravity.
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.
EXISTING GRADE. The vertical location of the existing ground
surface prior to excavation or filling.
FILL. Any act by which earth, sand, gravel, rock, construction
rubble, or any other material is desosited, placed, replaced,
pushed, dumped, pulled, transported or moved by man to a new
location and shall include the conditions resulting therefrom.
which may result in soil erosion, sedimentation and/or the increase
LAND DISTURBING ACTIVITIES. Any lend alterations or disturbances
grading, excavation, demolition and filling of land, except that the
in runoff, including, but not limited to, removal of ground cover,
growing and tending of gardens ana repair and maintenance of private
term shall not include such minor land-disturbing activities such as
3
29.03(9)
driveways. Additionally, this term does not include agricultural
land uses such as planting, growing, cultivation and harvesting of
crops.
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.
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
contract vendee.
a joint tenant or holds as a trustee, assignee, or holds as a land
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.
PARCEL. All contiguous lands under the ownership or control of a
land occupier or land user.
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.
PERMITTEE. Any person to whom a permit is issued under this Chapter.
REMOVAL. Cutting vegetation to the ground or stumps, complete
extraction or killing by spraying.
RUNOFF. Means rainfall, snowmelt, dewatering or irrigation water
flowing over the ground surface.
SEDIMENT. Solid material, both mineral and organic, that is in
origin by air, water, gravity of ice, and has come to rest on the
suspension, is being transported, or has been moved from its site of
earth's surface at a different site.
SEDIMENTATION. Settling or deposition of sediment.
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 Inspector 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 stom of
given duration and intensity can be expected to be equaled or
exceeded, expressed in years. The 100 year recurrence interval
exceeded in any given year, is generally used for floodland zoning
storm, that storm having a 1% probability 05 being eEaled or
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 re- -urrence
29.03(22)
or exceeded in any given year, and the 2 year recurrence interval
interval storm, that storm having a 10% probability of being equaled
exceeded in any given year.
storm, that storm having a 50% probability of being equaled or
(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) STRUCTURRL MEASURES. Any works or improvement for land
but are not limited to, gully control structures, grass waterways,
stabilization .to prevent erosion, sediment or runoff which includes,
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 MANP.GEMENT 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
maintained or allowed to be maintained, that results in excessive
violation of this Chapter for any condition to be established,
bodies. Penalties and remedies may be sought for such activities as
erosion or sedimentation to adjacent land, public streets or water
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 standzds and criteria of this
brought by any injured public or private party for damage to
Section shall not bar a nuisance action or other civil action
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 Inspector shall not approve plans nor
issue permits required by this Chzpter 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
accordance with
land had been left in its undisturbec state and/or controlled in
5
29.05(2)
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 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
shall be paid by the APPLICANT proposing the alternate methods.
STANDRRD 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.
w
"WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT PRACTICE HANDBOOK"
EROSION CONTROL GENERAL PRINCIPLES. The following general
principles of erosion control shall be used by the Building
under this Chapter:
Inspector when evaluating erosion control plans and granting permits
Erosion control plans shall incorporate BEST MANAGEMENT
PRACTICES to reduce soil loss during construction.
"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.
The construction area s'rie and duration of exposure must be
minimized, to the extent practicable, to reduce the amount of
pollutants leaving the site.
Temporary vegetation, mulching or other cover shall be used to
protect critical areas, and permanent vegetation shall be
installed as soon as practical.
Receiving channels, drainageways or outlets must be prepared to
handle runoff from the construction site during and after
construction without erosion or other degradation.
The plan of development shall relate to the topography and soils
of the site so that the lowest potential for erosion is created.
Existing plant covering or vegetation shall be retained and
protected whenever feasible.
While the site is disturbed, temporary measures must be used to
trap pollutants and prevent their movement off site.
Continuous monitoring and maintenance of BEST MANAGEMENT
functioning properly. Maintenance shall be consistent with the
maintenance standards contained in the "WISCONSIN CONSTRUCTION
PRACTICES must be done to keep the BEST MANAGEMENT PRACTICES
SITE BEST MANAGEMENT PRACTICE HANDBOOK".
EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The following
requirements shall be met on all sites described in 29.02(2):
6
(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
be removed by street cleaning before the end of each work day.
roadways. Any sediment reaching a public or private road shall
Flushing may not be used unless the sediment will be contained
basin or equivalent.
by filter fabric, straw bale barrier, sediment trap, sediment
(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,
strexn, channel, ditch, wetland, or other watercourse. Soil or
dirt piles located closer than 25 feet to any roadway, waterbody
or WEtercourse 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.
(9) 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
?.PACTICE placed along the downslope area or the disturbed
area shall be properly mulched.
2. Construction sites with drainage areas of two acres or less,
i.ith concentrated or channelized flow, shall be protected
'xith a filter fabric barrier, sediment trap, sediment basin
7
29.05(5) (h)2
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.
4. Drainage areas of five acres or more shall be protected with
placed at the downslope point of the disturbed area.
a sediment basin or equivalent BEST MANAGEMENT PRACTICE
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,
Building Inspector may vary this requirement, if delay or
sodding, mulching or other equivalent method. The City
and/or the landowner.
failure to comply is beyond the control of the permittee
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
Inspector, the temporary BEST MANAGEMENT PRACTICES can be
removed.
(6) Design Criteria, Standards and Specifications for BEST MANAGEMENT
this ordinance shall meet the design criteria, standards,
PRACTICES. All BEST MANAGEMENT PWLCTICES required to comply with
CONSTRUCTION SITE BEST MANAGEMENT PRACTICE HANDBOOK". Design
specifications and maintenance requireroents of the "WISCONSIN
criteria, standards and specifications not contained in the
"WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK" shall be
consult the City Engineers regarding designs not contained in the
approved by the Building Inspector. The Building Inspector may
applicant shall be responsible for any related engineering review
"WISCONSIN CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK" and the
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 from the Building Inspector 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 the
29 06(1)
Building Inspector an application for a permit together with a
- 02/06/92)
fee. Exceptions to this requirement are as follows: (Ord. $742
(a) The owner and occupier of public lands are exempt from payment
of any permit fees.
(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
30. The utility or government unit shall agree to adopt and
a fee as listed in the Schedule of Permit Fees, Table 1, Chapter
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 (2) and (3) below,
disturbance within the time frame as specified in Subsection
shall be submitted for each activity prior to any land
(5) (b) 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
Common Council and listed in the Schedule of Permit Fees, Table
shall be as from time to time established by Resolution of the
in the office of Building Inspection.
1. Such Resolution shall, remain on file with the City Clerk ana
(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
corrected and/or paid to the inspection department's satisfaction.
additional permits, prior to such orders, notices, or fees being
(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
permit applicant may submit a simplified Erosion Control Checklist
land-disturbing activity involves less than 1/2 acre of land, the
Plan on forms available from the Building Inspector. An approved
Erosion Control Checklist Plan, specifying those control devices zd
practices necessary to control erosion and signed by the permit
control plan.
applicant and the Building Inspector shall constitute the e3proved
9
29.06(4)
(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 inchequals
100 feet with a vertical contour interval of 2 feet, of the
existing drainage patterns, watercourses, lakes, wetlands,
site including enough of the contiguous properties to show
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
meet the requirements of this ordinance:
specifications of all BEST MANAGEMENT PRACTICES necessary to
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 Inspector 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 Inspector 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
10
29.06(5)
Chapter. The Building Inspector shall inform the applicant in
writing whether he approves, conditionally with modifications, or
disapproves the control plan. If the Building Inspector approves
the control plan, he shall issue the permit. If additional
information or modifications are required, the Building Inspector
disapproved, the applicant may resubmit a new control plan or may
shall so notify the applicant. In the event that the plan is
of this Chapter. If the Building Inspector requires modification of
appeal the Building Inspector's decision as provided in Sec. 29.08
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.
(6) PERMIT CONDITIONS All permits issued under this Chapter shall be
permittee who begins to perform any land disturbing activity
issued subject to the following conditions and requirements and any
conditions.
authorized by permit shall be deemed to have accepted all of these
(a) That all land disturbances, construction and development will be
done pursuant to the erosion control plan as approved by the
Building Inspector.
(b) That the permittee shall give at least 2 working days written
notice to the Building Inspector 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
control plan.
Inspector prior to any modifications to the approved erosion
(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
properties caused by excessive sedimentation resulting from
at his expense to all adjoining streets, waterways, and
activities which are not in compliance with the approved erosion
control plan.
(9) 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.
11
(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 pert of the
final site stabilization.
(j) That the permittee agrees to permit the Building Inspector 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 Inspector to perform
any work or operations necessary to bring the condition of the
modified by the Building Inspector and further consents to the
lands into conformity with the approved control plan or plan as
City placing the total of the costs and expenses of such work
and operations upon the tax roll as a special tax against the
property.^
PERMIT DURATION Permits issued under the Chapter shall be valid for
a period, as specified on the face of the permit by the Building
months and all work including site restoration, shall be completed
Inspector, but in no case will a permit be valid for more than 12
prior to the expiration date of the permit. However, the Building
Inspector 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 Inspector is further
authorized to modify the conditions and/or plans if necessary to
prevent any increase in sedimentation, erosion or runoff resulting
the permit holder in writing by first class mail addressed to the
from any extension. The Building Inspector shall immedietely notify
permit holders last known address of any modifications made under
this authority.
SURETY BOND AS a condition for approval and issuance of any permit
required by this Chapter, the Building Inspector may reFire the
permittee to deposit a cash bond, an irrevocable letter of credit,
the approved control plan and permit conditions; amount of bond or
or other financial security to guarantee the faithful execution of
other security to be determined by the Director, throuqh the use of
section #29.06(9) guidelines. When hauling quantities in excess of
Works Superintendent may also require a separate cash bond,
500 yards in or out of a property, over City streets, the Public
possible street damages. All securities must be approved by the
irrevocable letter of credit, or other financial security to cover
Building Inspector and/or Public Works Superintendent in the amount
it would cost the City to repair the streets or to complete the
required erosion control measures as estimated by the Building
Inspector using the formula listed below.
FORMULA FOR DETERMINING BOND OR OTHER SECURITY AMOUNT
Step 91 - Determine total area that will require topsoil, seed and
mulch or sod, then multiply total square feet X $ (la) for seed
and mulch or $ (1B) for sod = cost step #l.
Step #2 - Determine total square footage of stone drive or tracking
pad area, then multiply total square feet X $ (2A) = cost 5-e? ?2.
project, then multiply total lineal feet X $ (3A) = cost step :3.
Step #3 -Determine total lineal footage of silt fence re-ired for
17
29.06 (9)
Step #4 - Determine total square footage of any rip rap areas
required, then multiply total square feet X $ (4A) = cost step 44.
multiply X maintenance factor of 25% = cost step #5.
Step 45 - Add totals from steps 1 - 3 (rip-rap excluded), then
under this table = cost step #6.
Step #6 - Add current market costs for any work that may not be covered
of the bond or other required security, known as Grand Total.
Step #7 - Compile a total for steps 1 through 6, this becomes the amount
EXCEPTION: Persons who have received citations since the effective date
of this ordinance or have failed to correct previous orders in a timely
manner, shall post a bond or other form of security meeting the Directors
approval, in an amount of twicethe Grand Total.
The fees and/or rates for the above formulas, shall be as from time to time
established by Resolution of the Common Council and listed on "TABLE EROS".
Building Inspection.
Such Resolution shall remain on file with the City Clerk and in the office of
29.07 ENFORCEMENT AND INSPECTIONS
(1) INSPECTION AUTHORITY. The Building Inspector is authorized to enter
upon any public or private I=mds 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
the land occupier or user, entry by the Building Inspector shall be
compliance with this Chapter. If permission cannot be received from
in accordance with SS 66.122 and 66.123, Wis. Stats.
(2) ENFORCEMENT AUTHORITY. The Building Inspector 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 thischapter. The Building
Attorney. The order shall specify that the activity must be ceased
Inspector shall supply a copy of each stop work order to the City
work order shall remain in effect until the land disturbing activity
or brought into compliance with this Chapter immediately. Any stop
is brought into compliance with this Chapter. The Building
Inspector is authorized to refer any violation of this chapter or of
Attorney for the commencement of further legal proceedings.
a stop work order issued pursuant to this Chapter to the City
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 Inspector 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
undue hardship.
enforcement of the provisions of this Chapter would cause an
13
29.08(2)
(2) WHO MAY APPEAL. Appeals may be taken by any person a::rievei or by
any officer, department or board of the City affected by the order,
or requirement, decision or determination made by the Suilding
within 20 days of the date of the written notice of the decision or
Inspector. Such appeals shall be filed with the Planninc DirEctor
order of the Building Inspector.
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 then $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. The City may also seek an order to
Note: For purposes of establishing days of violation, all calendar
restore the property to the condition required by this chapter.
days, including weekends and holidays shall be counted e5 seperate
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 ceys of
violation.
(2) ENFORCEMENT OF INJUNCTION. Compliance with the provisions of this
Chapter may also be enforcedby injunction. It shall not be
proceedings.
necessary to prosecute for forfeiture before resorting to injilnction
(3) PERFORMANCE OF WORK BY THE CITY. When the Building Inspector
determines that the holder of a permit issued pursuant to this
Chapter has failed to make any improvements or follow przctices as
approved in' the plan, or has failed to comply with the time schedule
as included in the plan, the Building Inspector or a party
designated by him may, after giving 30 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 lar.ds into
conformity with the requirements of the approved plan. The Zuilding
of performing this work and these costs and expenses shall te
Inspector shall keep a detailed accounting of the costs and expenses
entered on the tax roll as a special tax against the property and
collected with any other taxes levied thereon for the year ir. which
the work is completed, pursuant to SS 66.60(16), Wis. Stzts.
14
STATE OF WISCONSIN
Milwaukee County
AID I TH z I OLKOWSK I being duly sworn,
COMMON COUNCIL - =SE&DED
CITY OF MUSKEGO ORDINANCE X881
CREATE CmR 29 OF THE MUNICI-
AN ORDINANCE TO REPW AND RE-
PAL CODE OF THE CITY OF MUSKEG0
(Soil Erosion) THE COMMON COUNCIL OF THE ClTy
AS FOLLOWS OF MUSKEGO. WISCONSIN, DO ORDAIN
Code of tb City of Muskego. Wisconsin, ia
SECTION I:.Chapter 29 of the Municipal
part ofthe Municipal Code as adopted by Or-
hereby repealed and remated and made a
dinance #@I, as amended.
been on file in the Office ofthe City Clerk and
SECTION 2:. A copy of sllid Ordinanw has
open to publicinspection for not less than two
weeks prior to the date of this Ordinance and
said Ordinance~is-hereby incorporated into
the Municipal Code'of the City.
Ordjn.n,,edeclareatobeseverable.lfany
SECTION 3: The several sections of this
sectionor poltion thereofshall be declared by
to be invalid, unlawful. or unenforceable,
a decision ofa court ofcornpatentjurisdiction
such decision shall apply only to the specific
the decision. and not afleet the vdidity of d - Section or portion thereof directly specified in
other Provisions. sections. 'or portion thereof
the Ordinance 'which shall remain in full
terms am in conflict with the provisions of
force and effect. Any other ordinance whose
those terms that conflict.
this Ordinance are hereby repealed a8 to
full force and effect hm and after its passage
SECTION 4 This Ordinance shall be in
and aubliestion~
-
.......
PhED AND APPROVED hS 12TH DAY OF DECEMBER. 1996~
Id Jean K Marenda
City Clerk
...
... ............. DEC 2 R 1995 ........ ..........
.....................
....................
BOOKKEEPER,
Subscribed and ... day
... of ........
My Commission expires APR.Il, 6 19 97
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #881
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 29
OF THE MUNICIPAL CODE OF THE CITY OF MUSKE
(Soil Erosion)
THE COMMON OF THE CITY OF MUSKEGO,%~ONSIN, DO ORDAIN AS
FOLLOWS :
SECTION I: pal Code of the City of
Muskego, Wisconsi d recreated and made a
part of the Munic Ordinance #881.
SECTION 2: has been on file in the
Office of the Cit ic inspection for not less
than two weeks pr Ordinance and said
Ordinance is here Municipal Code of the
City.
SECTION 3: dinance are
declared to be se or portion thereof shall
be declared by a ompetent jurisdiction to be invalid, unlaw uch decision shall apply
only to the speci hereof directly specified
in the decision, ity of all other
provisions, secti f the Ordinance which
shall remain in f y other ordinance whose
terms are in conf of this Ordinance are
hereby repealed a
SECTION 4: force and effect
from and after it
PASSED AND APPROVED THIS DAY OF , 1995.
TMUSKEGO
ATTEST:
Jean K. Marenda, City Clerk
1
David L. De Angelis, Mayor
11/14/95
e Published on the
day of , 1995.
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #881
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 29
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Soil Erosion)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 29 of the Municipal Code of the City of
Muskego, Wisconsin is hereby repealed and recreated to read as
follows:
0 Ord. #E81
SECTION 2: 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
conflict with the provisions of this ordinance are hereby repealed
in full force and effect. Any other ordinance whose terms are in
as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS l2TH DAY OF DECEMBER ,
First Reading 11/14/95
Deferred 11/28/95
ATTRT : Lhx n&
K. Marenda, City Clerk
Cover Ordinance published
on the 2lst day of
December , 1995.
11/95jmb
29.005
29.01
29.015
29.02
29.03
29.04
29.05
29.06
29 .Ol
29.08
29.09
CHAPTER 29
EROSION CONTROL
Authority
Introduction
Administration
Land Disturbing Activities Subject to
Erosion Control
Definitions
Regulations of Lands Not Otherwise
Subject to this Chapter
Standards and Criteria
Application and Issuance of Permits
Enforcement
Appeals
Violations
EROSION CONTROL
.h9.005 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
the City to provide for the control and, if possible, the prevention of
in the waters of the City. It is, therefore, declared to be the policy of
soil erosion, and thereby to preserve the natural resources, control
of dams and reservoirs, protect the quality of public waters, preserve
floods, protect the capacity of drainage facilities, and prevent impairment
wildlife, protect the tax base, and protect and promote the health, safety
and general welfare of the people of the City.
public health, safety, property and general welfare of the citizens of the
(2) INTENT AND PURPOSE The purpose of this Chapter is to promote the
City and to conserve the soil, water and related resources and control
erosion and sedimentation caused by land disturbing activities.
the incorporated boundaries of the City and the use of land subject to
(3) APPLICABILITY This Chapter shall apply to the use of lands within
extraterritorial land division review pursuant to Chapter 18 of this Code.
(a) Exceptions: e
commenced after June 1, 1980, shall be regulated according to
1. One & Two family home sites where dwelling construction
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
procedures shall be per 29.06.
according to ILHR 50.115. Permit fees and related application
Note: In the case of 1. & 2. above, the requirements of the UDC
and ILHR 50.115 respectively, cease to apply after all final
thereafter.
inspections have been approved and this code shall apply
(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
I
2f the Chapter.
ADMINISTRATION
DELEGATION OF AUTHORITY The Council herewith designates the Building
Inspector to administer and enforce the provisions of this Chapter. The
duties and may seek technical advice as needed from the Waukesha County
Building Inspector may appoint assistants to aid in the performance of his
WDNR as to the adequacy of any proposed plan and permit application
Department of Environmental Resources - Land Conservation Division and/or
submitted to him.
Chapter, the Building Inspector shall perform the following duties:
(2) ADMINISTRATIVE DUTIES In the administration and enforcement of this
approved, permits issued, inspections made and other official actions.
(a) Keep an accurate record of all plan data received, plans
accompanied with the necessary information and the appropriate fee and
(b) Review all plans and permit applications received when
issue the permits required by Sec. 29.06 (1) of this Chapter in
when the erosion and sedimentation will be controlled to meet the
accordance with the procedure as set forth in this Chapter, but only
standards of Sec. 29.05 of this Chapter.
Chapter.
(c) Investigate all complaints made to the application of this
(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
within the time specified on a correction order; or has denied the
Building Inspector; or has willfully refused to correct a violation
other conditions of the permit as issued to the applicant.
Building Inspector access to the site; or has violated any of the
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
activities, resulting in the loss or removal of protective ground
excavation, grading, filling, demolition, or other earth-moving
cover, vegetation, or
(b) Excavation, fill or any combination thereof, will e exceed 400 cubic yards, or
are removed from stream or lake beds, or
(C) Any watercourse is to be changed, enlarged or materials
(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
or
involves more than 300 linear feet of trenching or earth disturbance,
(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.
cover, or other land disturbance, within 1000 feet of a lake or within (f) Any excavation, filling, demolition, removal of protective ground
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
Inspector 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.
(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,
transported or moved by man to a new location and shall include the
onditions resulting therefrom.
(9) LAND DISTURBING ACTIVITIES Any land alterations or disturbances which
encluding, but not limited to, removal of ground cover, grading,
excavation, demolition and filling of land, except that the term shall not
Of gardens and repair and maintenance of private driveways. Additionally,
include such minor land-disturbing activities such as growing and tending
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
or a joint tenant or holds as a trustee, assignee, or holds as a land
fee simple interest in the land either as sole owner, as a tenant in common
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,
public land use.
or by other arrangement which gives them the responsibility of private or
(13) PARCEL All contiguous lands under the ownership or control of a land
occupier or land user.
ay result in soil erosion, sedimentation and/or the increase in runoff,
.(14) PERMIT The signed written statement issued under this Chapter
authorlzing 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
eovisions of this Chapter. Notice is given both by posting upon the lands
Building Inspector believes that the permittee has violated one or more
where the disturbing activity occurs one or more copies of a poster 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
probability of being equaled or exceeded in any given year, is generally
in years. The 100 year recurrence interval storm, that storm having a 1%
used for floodland zoning regulation. Other commonly used storm events
probability of being equaled or exceeded in any given year, the 10 year
include the 50 year recurrence interval storm, that storm having a 2%
recurrence interval storm, that storm having a 10% probability of being
equaled or 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
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.
to prevent erosion, sediment or runoff which includes, but are not limited
(24) STRUCTURAL MEASURES Any works or improvement for land stabilization
to, gully control structures, grass waterways, riprap, detention basins,
sediment basins, flood retention dams, diversions, lining channels with
concrete or other materials. Contour strip cropping is not a
I water to, through, or from a drainage area to the point of final outlet,
- 60Ck' tructural measure.
navigable under the laws of the State. (25) WATERCOURSE Any lake, pond, stream or other waters which are
(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
violation of this Chapter for any condition to be established,, maintained
(1) Notwithstanding any other provisions of this Chapter, it shall be a
or allowed to be maintained, that results in excessive erosion or
and remedies may be sought for such activities as provided in Sec. 26.09 of
sedimentation to adjacent land, public streets or water bodies. Penalties
this Chapter. Erosion is excessive when, contrary to the standards set 1 forth in Sec. 29.05 below, an unsafe condition results in the streets;
undue sedimentation occurs in lakes, streams and drainage facilities;
public health and safety or general welfare of the citizens of the City is
erosion endangers downstre,am property owners or their property; or the
- harmed.
029.05 STANDARDS AND CRITERIA
e (1) EFFECT OF COMPLIANCE with the standards and criteria of this Section
hall 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 Inspector 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
MANAGEMENT PRACTICE HANDBOOK”. Design criteria, standards and
specifications, included in the “WISCONSIN CONSTRUCTION SITE BEST
CONSTRUCTION SITE BEST MANAGEMENT HANDBOOK” shall not be permitted unless
specifications for BEST MANAGEMENT PRACTICES not covered in the “WISCONSIN
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 Inspector 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
water that must be handled and treated on the disturbed area.
disturbed areas to keep clean water clean and to reduce the amount of
(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 the whenever feasible.
0 trap pollutants and prevent their movement off site.
(h) While the site is disturbed, temporary measures must be used to
PRACTICES must be done to keep the BEST MANAGEMENT PRACTICES
(i) Continuous monitoring and maintenance of BEST MANAGEMENT
maintenance standards contained in the "WISCONSIN CONSTRUCTION SITE
functioning properly. Maintenance shall be consistent with the
BEST MANAGEMENT PRACTICE HANDBOOK".
requirements shall be met on all sites described in 29.02(2): (5) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The following
(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 day. Flushing may not be used
unless the sediment will be contained by filter fabric, straw bale
barrier, sediment trap, sediment basin or equivalent.
protected with straw bale barriers, filter fabric or equivalent
(b) Drain Inlet Protection. All storm drain inlets shall be
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 of 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
sediment trap, sediment basin or equivalent BEST MANAGEMENT PRACTICE.
to an appropriately sized filter fabric barrier, straw bale barrier,
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
pollutants and debris from being carried by runoff off the site.
building materials shall be properly managed and disposed to prevent
(4) Clean Water Diversions. Channelized runoff or sheetflow runoff
diverted around the disturbed area, if practical and if such
from adjacent areas passing through the construction site shall be
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
or other off-site areas.
will result in sediment reaching wafers of the state, public sewers
which will result in overland flow shall be protected with filter
1. Construction areas with drainage areas less than one acre
fabric fences or an equivalent BEST MANAGEMENT PRACTICE placed
mulched.
along the downslope area or the disturbed area shall be properly
with concentrated or channelized flow, shall be protected with a
2. Construction sites with drainage areas of two acres or less,
filter fabric barrier, sediment trap, sediment basin or
of the disturbed area or the disturbed area and properly mulched.
equivalent BEST MANAGEMENT PRACTICE placed at the downslope point
3. Construction sites with drainage areas five acres or less
equivalent BEST MANAGEMENT PRACTICE at the downslope point of the
shall be protected with a sediment trap, sediment basin or
disturbed area.
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
HANDBOOK".
specified in the "WISCONSIN SITE BEST MANAGEMENT PRACTICE
(i) Site Stabilization. The construction site shall be stabilized
by seeding, sodding or other permanent method.
shall be stabilized by temporary or permanent seeding, sodding,
1. All disturbed ground left inactive for I or more work days,
may vary this requirement, if delay or failure to comply is
mulching or other equivalent method. The City Building Inspector
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
Inspector, the temporary BEST MANAGEMENT PRACTICES can be
removed.
PRACTICES. All BEST MANAGEMENT PRACTICES required to comply with this (6) Design Criteria, Standards and Specifications for BEST MANAGEMENT
ordinance shall meet the design criteria, standards, specifications and
requirements of the "WISCONSIN CONSTRUCTION SITE BEST
NAGEMENT PRACTICE HANDBOOK". Design criteria, standards and
WNAGEMENT HANDBOOK" shall be approved by the Building Inspector. The
specifications not contained in the "WISCONSIN CON,STRUCTION SITE BEST
Buildlng Inspector 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 from the
Building Inspector prior to commencing the proposed activity. Each land
occupier or land user desiring to undertake a regulated activity subject to
permit together with a fee. Exceptions to this requirement are as follows:
this Chapter shall submit to the Building Inspector an application for a
(a) The owner and occupier of public lands are exempt from
payment of any permit fees.
activity, subject to this chapter, an annual permit may be issued to
(b) In lieu of an individual permit for each land-disturbing permit
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)(b) below.
(c) A permit fee shall be collected prior to the time a permit is
be as from time to time established by Resolution of the Common
issued under this code. The permit fee required by this Code shall
Council and listed in the Schedule of Permit Fees, Table 1. Such
Resolution shall remain on file with the City Clerk and in the office
of Building Inspection.
(2) NO PERMITS TO VIOLATORS: Applicants having outstanding orders,
notices, or unpaid fees, 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 Iilay
issue permits to applicants with outstanding orders, notices, or
unpaid fees, when the permit is required to comply with an
outstanding order or notice.
for violators in an effort to circumvent this requirement.
Note: friends and/or relatives shall not be allowed to obtain permits
Chapter, every applicant for a permit required by this Chapter shall
(3) EROSION CONTROL PLAN REQUIRED Unless specifically exempted by this
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
the Building Inspector. An approved Erosion Control Checklist Plan,
submit a simplified Erosion Control Checklist Plan on forms available from
and signed by the permit applicant and the Building Inspector shall
specifying those control devices and practices necessary to control erosion
constitute the approved control plan.
(4) COlQTENTS OF THE EROSION CONTROL PIAN
(a) Existing site map.
the site location.
1. Site boundaries and adjacent lands which accurately identify
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, 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
of proposed paved and other impervious surfaces and the location and
finished grade, stormwater runoff and drainage patterns, the location
kinds of utilities.
(c) Site Construction Erosion And Sediment Control Plan.
activities and proposed temporary drainage patterns:
1. Location and dimension of all proposed land disturbing
2. Locations and dimension of all temporary soil or dirt piles:
specifications of all BEST MANAGEMENT PRACTICES necessary to meet
3. Locations, dimensions, design computations and construction
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,
maintenance.
including a schedule for establishment or installation and
(5) REVIEW OF APPLICATION The Building Inspector 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 Inspector shall determine if measures
the land disturbing activities are adequate to meet all the applicable
included in the plan to control erosion and sedimentation during and after
standards as set out in Sec. 29.05 of this Chapter. The Building Inspector
shall inform the applicant in writing whether he approves, conditionally
with modifications, or disapproves the control plan. If the Building
Inspector approves the control plan, he shall issue the permit. If
additional information or modifications are required, the Building
disapproved, the applicant may resubmit a new control plan or may appeal
Inspector shall so notify the applicant. In the event that the plan is
the Building Inspector's decision as provided in Sec. 29.08 of this
Chapter. If the Building Inspector requires modification of the erosion
ontrol plan, the applicant must modify the permit application and control
lan accordingly and reapply for the permit, or the applicant may appeal a the decision as provided in Sec. 22.08 of this Chapter.
issued subject to the following conditions and requirements and any
(6) PERMIT CONDITIONS All permits issued under this Chapter shall be
permittee who begins to perform any land disturbing activity authorized by
permit shall be deemed to have accepted all of these conditions.
done pursuant to the erosion control plan as approved by the Building
(a) That all land disturbances, construction and development will be
Inspector.
(b) That the permittee shall give at least 2 working days written
notice to the Building Inspector in advance of the start of any land
disturbing activity.
(c) That the permittee shall file written notice of completion of all
all on-site sedimentation facilities within 10 work days of
land disturbing activities and/or the completion of installation of
completion.
Inspector prior to any modifications to the approved erosion control
(d) That approval in writing must be obtained from the Building
plan.
(e) That the permittee will be responsible for maintaining all public
rights of way, streets, runoff and drainage systems and drainageways
0 accepted and become the responsibility of the City.
as specified in the approved erosion control plan until they are
(f) That the permittee will be responsible for repairing any damage
caused by excessive sedimentation resulting from activities which
at his expense to all adjoining streets, waterways, and properties
are not in compliance with the approved erosion control plan.
maintain at his/her expense, all drainage and erosion control
(9) That the permittee and/or owner must provide, install and
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"
velocity unless provision has been made to eliminate dust and blowing
(h) That no work will be done on the site during periods of high wind
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.
(1) That the permittee agrees to permit the Building Inspector to
enter onto the land regulated u,nder this Chapter for the purpose of
inspecting for compliance with the approved control plan and permit.
(k) That the permittee authorizes the Building Inspector to perform
any work or operations necessary to bring the condition of the lands
the Building Inspector and further consents to the City placing the
into conformity with the approved control plan or plan as modified by
total of the costs and 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 Inspector,
but in no case will a permit be valid for more than 12 months and all work
of the permit. However, the Building Inspector is authorized to extend the
including site restoration, shall be completed prior to the expiration date
expiration date of the permit if he finds that such an extension will not
cause an increase in erosion, sedimentation or runoff. The Building
Inspector 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.
(8) SURETY BOND As a condition for approval and issuance of any permit
required by this Chapter, the Building Inspector may require the permittee
to deposit a cash bond, an irrevocable letter of credit, or other financial
security to guarantee the faithful execution of the approved control plan
and permit conditions; amount of bond or other security to be determined by
*-he Director, through the use of section #29.06( 9) guidelines. When hauling
quantities in excess of 500 yards in or out of a property, over City
eond, irrevocable letter of credit, or other financial security to cover
streets, the Public Works Superintendent may also require a separate cash
possible street damages. All securities must be approved by the Building
the City to repair the streets or to complete the required erosion control
Inspector and/or Public Works Superintendent in the amount it would cost
measures as estimated by the Building Inspector using the formula listed
below.
(9) FORMULA FOR DETERMINING BOND OR OTHER SECURITY AMOUNT
step #1
or
Step #2
Step #3
Step #4
Step #5
.Step #6
Step #I
Determine total area that will require topsoil, seed and mulch or
sod, then multiply total square feet X $ (1A) for seed and mulch
$ (le) for sod = cost step #l.
Determine total square footage of stone drive or tracking pad
area, then multiply total square feet X $ (2A) = cost step #2.
Determine total lineal footage of silt fence required for
project, then multiply total lineal feet X $ (3A) = cost step #3.
Determine total square footage of any rip rap areas required,
then multiply total square feet X $ (4A) = cost step #4.
Add totals from steps 1 - 3 (rip-rap excluded), then multiply X
maintenance factor of 25% = cost step #5.
Add current market costs for any work that may not be covered
under this table = cost step #6.
Compile a total for steps 1 through 6, this becomes the amount of
the bond or other required security, known as Grand Total.
EXCEPTION: Persons who have received citations since the
effective date of this ordinance or have failed to correct
previous orders in a timely manner, shall post a bond or other
form of security meeting the Building Inspectors approval, in an
amount of twice the Grand Total.
The fees and/or rates for the above formulas, shall be as from time
to time established by Resolution of the Common Council and listed on
Clerk and in the office of Building Inspection.
"TABLE EROS". Such Resolution shall remain on file with the City
29.07 ENFORCEMENT AND INSPECTIONS
(1) INSPECTION AUTHORITY The Building Inspector is authorized to enter
upon any public or private lands affected by this Chapter to inspect the
approve the plan and, after permit issuance, to determine compliance with
land prior to permit issuance for the purpose of determining whether to
this Chapter. If permission cannot be received from the land occupier or
user, entry by the Building Inspector shall be in accordance with SS 66.122
and 66.123, Wis. Stats.
a(2) ENFORCEMENT AUTHORITY The Building Inspector is authorized to post a
stop work order upon land which has had a permit revoked or to post a stop
e work order upon land which is currently undergoing any land disturbing
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 Inspector 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.
ctivity in violation of this Chapter. The Building Inspector shall supply
29.08 APPEALS
(1) AUTHORITY The Board of Appeals shall:
(a) Hear and decide appeals where it is alleged that there is error
Building Inspector in administering this Chapter.
in any order, requirement, decision or determination made by the
(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 Inspector. Such a ppeals shall be filed with the Planning Director within 20 days of the
ate of the written notice of the decision or order of the Building
Inspector.
29.09 VIOLATIONS
premises, who violates, disobeys, omits, neglects or refuses to comply with
(1) PENALTY Any person, either the owner or the occupant of the
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. The City may also
chapter. Note: For purposes of establishing days of violation, all calendar
seek an order to restore the property to the condition required by this
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.
(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 Inspector
that the holder of a permit issued pursuant to this Chapter has
plan, or has failed to comply with the time schedule as included in the
ailed to make any improvements or follow practices as approved in the
@Ian'
the Building Inspector or a party designated by him may, after giving
be performed the work or other operations necessary to bring the condition
0 days written notice to the permittee, enter upon the land and cause to
of said lands into conformity with the requirements of the approved plan.
The Building Inspector shall keep a detailed accounting of the costs and
expenses of performing this work and these costs and expenses shall be
with any other taxes levied thereon for the year in which the work is
entered on the tax roll as a special tax against the property and collected
completed, pursuant to SS 66.60(16), Wis. Stats.
0 Ord. #881
SECTION 2: 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
conflict with the provisions of this ordinance are hereby repealed
in full force and effect. Any other ordinance whose terms are in
as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS DAY OF , 1995.
David L. De Angelis, Mayor
First Reading 11/14/95
Deferred 11/28/95
ATTEST:
Jean K. Marenda, City Clerk
Cover Ordinance Dublished
on the day- of
, 1995.
11/95jmb