31.01 INTRODUCTION - O-95-08
(1) Authority. This ordinance is adopted under the authority granted by Sections 61.34(1), 61.35, 61.354, 62.23 and 236.45, Wis. Stat.
(2) Findings and Declaration of Policy. The Village of Deerfield finds that land uses have significantly contributed to the process of soil erosion, runoff and sediment deposition in waters located within or near the Village of Deerfield. It is, therefore, declared to be the purpose of this Ordinance to control and, if possible, prevent soil erosion and minimize water runoff increases and, thereby, to preserve the natural resources, control floods and prevent impairment of dams and reservoirs, protect the quality of public waters and wetlands, prevent property damage, preserve wildlife, protect the tax base, and protect and promote the health, safety and general welfare of the people of the Village of Deerfield. This ordinance is in accordance with and consistent with the Village’s general zoning ordinance, so far as practicable.
(3) Intent and Purpose. The purpose of this ordinance is to promote the public health, safety, prosperity, and general welfare of the citizens of the Village of Deerfield, and to conserve the soil, water, and related resources through the control of erosion, sedimentation and water runoff.
(4) Severability. If any section, provision or portion of this ordinance is found unconstitutional or invalid by a court, the remainder of this ordinance shall not be affected thereby.
(5) Abrogation and Greater Restrictions. It is not intended by this Ordnance to repeal, abrogate, annul, impair or interfere with any existing easement, covenants, deed restrictions, agreements, rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
(6) Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this Ordinance may be inconsistent or conflicting, the more restrictive requirement or interpretation shall control.
(7) Effective Date. This ordinance shall become effective 30 (thirty) days after date of publication. After that date, all land disturbing activities shall be in compliance with all provisions of this ordinance.
31.02 DEFINITIONS - O-95-08
The following terms, wherever they appear in this Ordinance, are defined as follows:
(1) “Agricultural Land Use” means alterations or disturbances of land for the commercial 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, cranberry production and wild crop harvesting, and includes lands used for on-site structures necessary to carry out such activities. Commercial forestry activities are not included within agricultural land uses for purposes of this Ordinance.
(2) “Commercial” means for the retain or wholesale sale of goods or services.
(3) “Control Plan” means a written description, of the control measurers (including the number, locations, sizes and other pertinent information) designed to meet the requirements of the Ordinance.
(4) “Erosion” means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
(5) “Excavation” means 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.
(6) “Existing Grade” means the vertical location of the existing ground surface prior to excavation or filling.
(7) “Fill” means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
(8) “Forestry” means the planting, management or harvesting of timber.
(9) “Grading” means altering the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed.
(10) “Governing Body” means the Village Board of the Village of Deerfield.
(11) “Land Developing Activities” means the construction or installation of any buildings, roads, parking lots, paved storage areas, utility lines or similar facilities.
(12) “Land Disturbing Activities” mean any man-made change to the land surface which may result in soil erosion, sedimentation or increase in water runoff, including but not limited to tilling, removal of vegetative cover, stockpiling of soil, grading, excavating, livestock grazing and filling of land.
(13) “Landowner” means any person holding title to or having an ownership interest in land.
(14) “Land Treatment Measures” mean structural or vegetative practices (including fencing) used to control erosion, sediment and water runoff.
(15) “Land User” means any person who uses land collectively or individually as owner, operator, lessor or renters, or who occupies land by providing work or service that requires alteration of the land, or any person who has made other arrangements with a landowner which gives them the responsibility for use of the land.
(16) “Major Land Disturbing Activities” means those activities where the land disturbance covers one or more acres, where a subdivision (as defined by chapter 236, Wis. Stats.) is created, or where the Village Engineer determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental areas make the disturbance a major one.
(17) “Minor Land Disturbing Activities” are those activities where the land disturbance covers less than one acre and the activities do not otherwise fall within the definition of major land disturbing activities.
(18) “Parcel” means all contiguous lands under the ownership or control of a land occupier or land user.
(19) “Peak Flow” means the maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a predetermined storm or event.
(20) “Person” means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county, or state agency within Wisconsin, the federal government, or any combination thereof.
(21) “Public Lands” means all lands owned or controlled by any unit of government.
(22) “Runoff” includes but is not limited to ice or water flowing over the ground surface.
(23) “Sediment” means solid material, mineral or organic, that is in suspension, is being transported or has been moved from a site by air, water, gravity or ice and has come to rest or has been deposited on the earth’s surface at another location.
(24) “Sedimentation” means the transportation and deposition of sediment that may ultimately degrade water quality by the presence of suspended solid particles, derived from soils by erosion or discharged into surface waters from other sources; or the deposition of water-borne sediments in stream channels, lakes, reservoirs, or on flood plains, usually because of a decrease in the velocity of the water.
(25) “Site” means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.
(26) “Soil Loss” means soil removed from a given site by land disturbing activities or by the forces of erosion, and redeposited at another site.
(27) “Storm Frequency” means the average period of time during which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(28) “Storm Sewer” means a closed conduit for conducting collected stormwater.
(29) “Stormwater Runoff” means the waters derived from rains falling within a tributary drainage basin, flowing over the ground surface or collected in a water drainage system.
(30) “Structural Measures” means land treatments intended to prevent erosion, sediment or runoff that include, but are not limited to: gully control structures, grass waterways, riprap, detention basins or ponds, sediment basins or ponds, flood retention dams, diversions, and lining channels with rock, concrete or other materials. Contour strip cropping is not considered a structural measure under this Ordinance.
(31) “Village” means the Village of Deerfield.
(32) “Village Enforcement Agent” means the persons or representative hired, appointed or retained by the Village Board to routinely provide public works service, building inspection or engineering services for the Village, and shall include the Village Building Inspector, Village Engineer, Village Administrator, or any other person designated by the Village Board or these particular officers.
(33) “Village Engineer” means the person or a representative of the firm appointed or retained by the Village of Deerfield to routinely provide engineering services for the Village.
(34) “Water Drainage Facility” means any element in a water drainage system which is made or improved by man.
(35) “Water Drainage System” means all facilities used for conducting runoff 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, reservoirs, detention basins or ponds, storm sewers, streets, and pumping stations.
(36) “Working Day” means Monday, Tuesday, Wednesday, Thursday or Friday, excluding however any such day officially observed by the Village as a legal holiday.
31.03 SCOPE OF GEOGRAPHIC COVERAGE; EXCLUSIONS - O-95-08
(1) Within the Village. Unless specifically excluded herein, this ordinance applies to all land disturbing and land developing activities occurring within the corporate limits of the Village.
(2) Within the Extraterritorial Area. The Ordinance shall apply outside the Village limits within the extraterritorial plat review area provided by chapter 236, Wis. Stats., but only to those land disturbing activities relating to, arising from, or connected with a subdivision as defined in section 236.02(12), Wisconsin Statutes.
(3) Exclusions. The following activities are generally excluded from coverage under this Ordinance:
(A) State-funded or conducted activities that are subject to the State Site Erosion Control and Stormwater Runoff Plan.
(B) Agricultural land uses as defined in this ordinance, and quarries, except where the Village Engineer determines that erosion or runoff from such agricultural or quarry uses is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
(C) Small land disturbing activities such as gardens, minor landscaping modifications, and minor repair of sidewalks, paths or driveways, except where the Village Engineer determines that erosion or runoff is likely to occur which will threaten watercourses or other environmentally sensitive areas unless control measures are taken.
31.04 DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS FOR CONTROL MEASURES. - O-95-08
Unless otherwise specified herein, plans will not be approved nor permits issued unless erosion and sedimentation leaving the site 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 are controlled in accordance with established procedures, including, but not limited to, Minimizing Erosion in Urbanizing Areas, Wisconsin Construction Site Best Management Practice Handbook, or other technical guidelines as developed by the Dane County Soil and Water Conservation District in cooperation with the U.S. Department of Agriculture, Soil Conservation Service, or the Department of Natural Resources or otherwise identified as acceptable to the Village Engineer. Wisconsin Administrative Code Section ILHR 21.125 and DNR 216 shall herein be incorporated herein by reference. Where design criteria, standards or specifications conflict, the most restrictive provisions shall apply. In certain cases, the design criteria, standards, specifications and control measures may be modified by the Village Board as provided in section 31.06(4) of this Ordinance.
31.05 MAINTENANCE OF CONTROL MEASURES. - O-95-08
All control measures necessary to meet the requirements of this Ordinance shall be maintained by the landowner and/or land user, and/or permittee in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions during the period of land disturbance and land development or for such longer period of time as specified in the permit. If the Village accepts a public dedication of a control measure, then the Village will physically maintain the measure unless otherwise agreed in writing. The method of payment of any or all of the maintenance costs may be determined by the Village Board, as appropriate.
31.06 EROSION AND RUNOFF CONTROLS REQUIRED. - O-95-08
(1) Applicability. The erosion and runoff controls specified below apply to the following sites of land development or land disturbing activities:
(A) Those sites requiring certified survey map approval or subdivision or land division plat approval under the Village of Deerfield Land Division Ordinance.
(B) Those sites involving the construction of buildings or other improvements on lots of approved certified surveys, land division plats or subdivision plats.
(C) Those sites involving grading, the removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a land surface area of 4,000 square feet or more.
(D) Those sites involving excavation or filling, or a combination of excavation and filling, involving 400 cubic yards or more of direct, sand or other excavation or fill material.
(E) Those sites involving any street, highway, road, or bridge construction, enlargement, relocation or reconstruction.
(F) Those sites involving the inspecting, laying, repairing, replacing or enlarging of an underground pipe, cable or other facility for a distance of 300 feet or more.
(G) Those sites involving the changing, enlargement, dredging or other alteration to any watercourse.
(H) Those other situations where the Village Engineer determines that erosion or runoff is likely to occur unless control measures are taken.
(2) Minimum Erosion and Runoff Control Standards to be Met. At a minimum, and in addition to the standards set forth in Village Ord. §31.04, the erosion and runoff control standards listed below must be met on all sites described in subparagraph (1) above. Additional or more stringent control standards may be required in these situations where the Village Engineer determines that special circumstances due to topography, proximity to watercourses or environmentally sensitive areas justify additional or more stringent controls. The permittee is responsible for obtaining compliance with the required standards. In cases where no permit has been issued, the landowner is responsible for obtaining compliance with the required standards.
(A) Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins or other appropriate control measures. Such sedimentation basins shall have a depth of at least 3 feet, be surrounded by a 4 foot high snow fence or equivalent barrier and have sufficient surface area to provide a surface settling rate of not more than 1500 gallons per square foot per day at the highest dewatering pumping rate. Water may not be discharged in a manner that causes erosion of the site, a neighboring site, or the bed or banks of the receiving water.
(B) Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(C) Tracking. Each site shall have a graveled entrance pad of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Sediment reaching a public or private road shall be removed by street cleaning (not hydraulic flushing) before the end of each workday.
(D) Channelized Runoff. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical, as determined by the Village Engineer.
(E) Sequenced Activities. All activities on the site shall be conducted in such a sequence as to minimize the area of bare soil exposed at any one time and the amount of soil leaving the site.
(F) Stabilize Disturbed Ground. All disturbed ground and soil or direct storage piles shall be contained on the site by filter barriers or other suitable means. The containment measures shall be installed at a time established by the reviewing authority. The containment measures shall remain in place until the site is adequately stabilized, as may be determined by the Village Engineer.
(G) Filter Fences, Straw Bails on Slopes. Filter fences, straw bales, or equivalent control measures shall be placed continuously along all sideslope and downslope sides of the site where deemed appropriate by the reviewing authority. If a channel or area of concentrated runoff passes through the site, filter barriers shall be placed continuously along the channel edges to reduce sediment reaching the channel.
(3) Additional Erosion and Runoff Control Standards To Be Met On Larger Sites. In addition to the minimum control standards set forth in subsection 31.06(2) above and the standards required by Village Ord. §31.04, all sites involving land divisions, subdivisions or certified survey maps (where the land divisions, subdivisions or certified survey maps involve either five (5) or more acres or create five (5) or more lots or building sites), or all sites where five (5) or more acres are disturbed at a time, shall meet the added control requirements listed below. The permittee and/or landowner, and/or land user is responsible for obtaining compliance with the control requirements.
(A) Drain Inlet Protection. Affected storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications, as determined by the Village Engineer.
(B) Sedimentation Control Measures. Where required by the Village Engineer, sedimentation basins or equivalent sediment control measures shall be constructed and maintained for the duration of the land disturbing activity, or longer, if so provided in the permit. Sedimentation basins shall be constructed in accordance with accepted design standards, as approved by the Village Engineer. The total sedimentation basin surface area shall provide a surface settling rate of not more than 1500 gallons per square foot per day for a five (5) year, 24 hour storm from the entire drainage area which will discharge to the basin during development conditions. The calculation of the water runoff rate shall be determined by methods as periodically set forth in the current edition of U.S. Soil Conservation Service Technical Release No. 55. Sedimentation basin depth shall be at least 3 feet and all sedimentation basins shall be surrounded by a 4 foot high snow fence or equivalent barrier. The basin design discharge rate shall also be sufficiently low, as determined by the Village Engineer, so as to not cause erosion along the discharge channel or the receiving water. The permittee shall periodically remove sediment from the basin so as to maintain a depth of at least 3 feet at all times. This control requirement also applies to any site, regardless of size, if a channel originates in the disturbed area.
(C) Water Runoff Measures (on-site and off-site). All water runoff control measures shall require approval of the Village Engineer. Control measures may include, but are not limited to, infiltration basins, detention ponds, and swales. If water control measures will result in a temporary pond with a depth greater than three (3) feet, the Village Board may require fences or safety shelves. No water runoff control measure will be allowed that would result in a temporary pond with a depth greater than two (2) feet, unless such a pond is fenced or caged and is suitably located and/or landscaped so as not to detract from the attractiveness or value of any surrounding property.
The Village may require or accept public dedication of water runoff control measures. When such dedication is required, or accepted, the dedicated land may also be suitable for parkland or recreational use when so approved by the Village Board. Once dedicated and accepted, the Village shall maintain the runoff control measures as necessary to adhere to this Ordinance and any other applicable laws or contracts. The potential costs of maintaining proposed runoff control measures will be among the criteria considered in both accepting or rejecting an entire Erosion and Runoff Control Plan, and in determining whether or not to require or accept dedication to the Village of any or all runoff control measures. In the event that the Village does not require dedication of any water runoff control measures, the continued maintenance and recovery of the costs for maintenance of such measures shall be assured through such means as deed restrictions, easements, assessments or a contract with the Village.
1. On-site Measures. In addition to the general provisions stated above, the following standards apply to on-site water runoff control measures. On-site water runoff control measures shall be designed to prevent reduction in the value of any surrounding property(s). Factors that will be considered in preventing devaluation of surrounding property(s) include, but are not limited to, location, landscaping, and safety. The peak rate of runoff leaving the site during or after disturbance of the land shall not exceed that of the pre or undisturbed condition under the following four minimum standards:
a. based on a 1 year—24 hour design storm in order to prevent increases in floodplain elevations;
b. based on a 10 year—24 hour design storm to prevent exceeding the capacity of storm sewers;
c. based on a 2 year—24 hour design storm to help control stream bank erosion; and
d. location and design of runoff control measures shall take into consideration soil types, slopes, and existing groundwater conditions in the area, in order to avoid property damage due to increased elevations of groundwater or due to soil saturation.
As a general rule, all on-site water runoff control measures shall be constructed prior to, or simultaneously with, the land disturbing activities from which the water runoff is to be controlled. However, if the use of off-site control measures is under consideration but the design and/or location of the possible off-site measures have not yet been determined by the Village, then the Village may allow the permittee to proceed with the land disturbing activities prior to the construction of off-site runoff control measures, provided that the permittee preserves an area or areas on-site deemed suitable by the Village Engineer for the construction of on-site water runoff control measures if that become necessary. The specifics of this preservation shall be set forth in the permit or approval plan.
2. Off-site Measures. When the Village Board determines, based on drainage study conducted and prepared by a qualified professional engineer, that off-site water runoff control measures best serve the interests of the public and the environment, then the Board may allow or require off-site water runoff control as a condition of approval of a land disturbance permit. When off-site water runoff control is permitted or required as specified in the above paragraph, prior to final approval by the Board, the permit applicant shall obtain written permission from any and all property owners who would experience increases in the amount of water runoff entering their land from a 2, a 10, or a 100 year—24 hour design storm or whose property is threatened by virtue of additional soil saturation. The Village Board will act on behalf of any and all affected public lands, public drainage ways, storm sewers or other public waterways, will grant written permission for off-site runoff control only in those cases where the standards set forth in paragraphs (C) and (C)1 above have been met.
All off-site runoff control measures shall be constructed prior to, or simultaneously with the land disturbing activities from which the water runoff is to be controlled.
(4) Control Standards May Be Modified by Village Where Special Circumstances Exist. The control standards set forth above are intended to apply on a typical development site in the Deerfield area. When land disturbing or land development activity is proposed for a site with extraordinary features, then, the Village Board may, at its discretion, require additional and/or more restrictive control standards and measures before any control plan is approved or permit is issued. Extraordinary sites include, but are not limited to, sites where land disturbing or development activities are proposed to occur on slopes of more than twenty percent (20%), in designed floodplain, wetland, or conservancy areas or in environmental corridor areas identified in the Village Master Plan.
31.07 EROSION AND SEDIMENTATION CONTROL REGULATIONS FOR LANDS OR ACTIVITIES NOT OTHERWISE SUBJECT TO THIS ORDINANCE. - O-95-08
Notwithstanding any other provisions of this Ordinance, it shall be a violation of this Ordinance for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in section 31.14. Erosion and runoff is excessive when in the opinion of the Village Enforcement Agent an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally-sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Deerfield is otherwise threatened or harmed.
31.08 CONTROL PLAN APPROVAL, PERMIT REQUIRED BEFORE COMMENCING ACTIVITY. - O-95-08
(1) Activity By Person Other Than The Village. No landowner or land user, other than the Village of Deerfield, may commence a land disturbance or land development activity subject to this Ordinance without receiving prior Village approval of a control plan and a permit as provided in this Ordinance. At least one landowner or land user desiring to undertake a land disturbing or land developing activity subject to this Ordinance shall apply for a permit and submit a control plan along with such other information as may be requested by the Village Engineer, Village Board or Plan Commission, and pay an application fee to the Village Clerk. By applying for a permit, the applicant is authorizing the Village Enforcement Agent to enter the site to obtain information required for the review of the control plan and to inspect for compliance with the control plan.
(2) Activity By Village of Deerfield. Before the Village of Deerfield, or its authorized agents or employees, commence any land disturbance or land development activity subject to this Ordinance, there shall be an approved control plan in place. No permit or fees are required for Village activity.
(3) Emergency Situations. Notwithstanding the above, a private landowner or the Village may commence land disturbing activity without an approved control plan where immediate action is necessary in order to respond to an existing or threatened emergency situation. When such emergency activity is undertaken, care will be taken to comply with the erosion and runoff control standards set forth in this Ordinance to the fullest extent practicable under the circumstances.
31.09 CONTROL PLAN REQUIREMENTS. - O-95-08
(1) Major Land Disturbing Activities--Content of the Control Plan. Major land disturbing activities include those where the land disturbance involves one or more acres, or where a subdivision (as defined in chapter 236, Wis. Stats.) is created, or where the Village Engineer determines that special circumstances due to topography, proximity to watercourses or relation to environmentally-sensitive lands make the disturbance a major one. The control plan for a major land disturbing activity shall include at least the following information:
(A) Existing Site Map. A map of existing site conditions on a scale of at least 1 inch equals 100 feet showing the site and immediately adjacent areas:
1. Site boundaries and adjacent lands which accurately identify site location.
2. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site.
3. 100 year floodplains, flood fringes and floodways.
4. Location of the predominant soil types.
5. Vegetative cover.
6. Location and dimensions of stormwater drainage systems and natural drainage patterns which may affect the site, continuing at least to the nearest perennial stream (small scale map may be used if necessary).
7. Locations and dimensions of utilities, structures, roads, highways, and paving.
8. Site topography at a contour interval not to exceed five feet.
(B) Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the planned site changes.
(C) Site Construction Plan. A site plan including:
1. Locations and dimensions of all proposed land disturbing activities.
2. Locations and dimensions of all site management control measures necessary to meet the requirements of this Ordinance.
3. Schedule of anticipated starting and completion date of each land disturbing or land developing activity including the installation of site control measures needed to meet the requirements of this Ordinance.
4. Provisions for maintenance of the site control measures during ad after land disturbing activities.
(D) Such other information as the Village Engineer deems necessary, including but not limited to support calculations for sizing site control measures.
[Note: Soil Conservation Service guidelines for allowable velocities in different types of channels should be followed. Design storm definitions to be followed in this Ordinance are contained in Soil Conservation Service Technical Release No. 55 and in U.S. Department of Agriculture publication, “Minimizing Erosion in Urbanizing Areas,” Appendix A.]
(2) Minor Land Disturbing Activities--Content of Control Plan Statement. Minor land disturbing activities are all those activities other than those deemed to be major land disturbing activities. For minor land disturbing activities, an erosion control plan (with sample map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of this Ordinance.
31.10 VILLAGE REVIEW OF CONTROL PLAN. - O-95-08
(1) Major Land Disturbing Activities. Control plans for major land disturbing activities must be reviewed and approved by the Village Engineer before a permit can be granted. Within 30 days of receipt of a completed control plan, the Village Engineer shall determine if the requirements of this Ordinance are met and shall approve, reject or conditionally approve the control plan. If the plan is rejected or conditionally approved, the applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.
(2) Minor Land Disturbing Activities. Control plan statements for minor land disturbing activities shall be reviewed by the Village Building Inspector for compliance with this Ordinance in accordance with the Erosion Control Checklist attached hereto and incorporated herein as Exhibit A established by the Village Engineer and approved by the Village Board. This compliance checklist is for use by the Building Inspector and applicant/permittee in connection with minor land disturbing activities. The Building Inspector shall approve, reject or conditionally approve the plan within the same number of working days as required for issuance of a building permit, but in no event more than three (3) working days after receipt of the completed control plan statement. If the control plan statement is rejected or conditionally approved, the applicant shall be informed, in writing, of the reasons for rejection or conditions of approval.
31.11 FEES. O-95-08
(1) Major. The application fee for a major land disturbing activity permit shall be thirty-five dollars ($35). In addition to this fee, before any permit will be issued, the applicant must pay the actual engineering and legal fees or expenses incurred by the Village in connection with review of the control plan and the engineering fees or expenses estimated to be incurred for on-site inspection during the project. Where plat or certified survey map review fees are paid pursuant to the Land Division Ordinance set forth in chapter 25 of the Village ordinances for the same project covered by the proposed land fee will be waived. Where the application fee is waived, the applicant must still pay engineering and inspection fees and expenses, however, such fees and expenses shall not be duplicative of any engineering or inspection fees paid in connection with plat or certified survey map approval.
(2) Minor. The application fee for a minor land disturbing activity permit shall be twenty dollars ($20). Where a building permit fee is applied and paid for in connection with the same activity, then no additional fee need be paid in order to obtain the necessary land disturbing activity permit.
31.12 LAND DISTURBING ACTIVITY PERMITS. O-95-08
(1) Duration. All land disturbing activity permits, whether major or minor, shall be valid for a period of one year from the date of issuance. All work must be completed prior to expiration of the permit. If land disturbing activity, minor or major, is to continue beyond the expiration of the permit, then reapplication and review pursuant to this ordinance, is required.
(2) Major Activity Permit Requirements. All major land disturbing activity permits shall require the permittee to do at least the following:
(A) The applicant shall provide, prior to issuance of the permit, an irrevocable letter of credit, certificate of deposit or certified check to the Village in an amount equal to 125% of the estimated cost of all required control measures as determined by the Village Engineer. The security deposit shall guarantee that all required control measures will be taken or installed according to the approved plan. The security shall remain in full force until released by the Village Board, and only after an inspection by the Village Engineer assures that all required control measures have bene fully and satisfactorily completed. The Village shall have the right to draw upon the security for purposes of obtaining compliance with the approval control plan as it deems necessary. If the erosion and runoff control requirements of this ordinance are included as part of plat or certified survey map conditions of approval, then, security for performance of the control requirements may be included as part of the overall security required for installation of improvements under chapter 16 of the Village Ordinances.
(B) Contact the Village Clerk upon completion of any control measures at least two working days prior to commencing any land disturbing activity.
(C) Obtain written permission from the Village Engineer prior to modifying the control plan. The Village Engineer is authorized to permit only those modifications that comply with the terms of this ordinance.
(D) Install all control measures as identified in the approval control plan.
(E) Maintain all control measures as identified in the control plan.
(F) Repair any damage to adjoining surfaces and drainageways resulting from any land developing or disturbing activities on the permitted site.
(G) Inspect the control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs immediately.
(H) Allow the Village Enforcement Agent to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.
(I) Keep a copy of the approved control plan on the site.
(3) Minor Activity Permit Requirements. All minor land disturbing activity permits shall require the permittee to:
(A) Obtain permission in writing from the Building Inspector prior to modifying the control plan. The Building Inspector is authorized to permit only those modifications that comply with the terms of this ordinance.
(B) Install all control measures as identified in the approved control plan.
(C) Maintain all control measures as identified in the control plan.
(D) Repair any damage to adjoining surfaces and drainageways resulting from any land developing or disturbing activities on the permitted site.
(E) Inspect the control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs immediately.
(F) Allow the Village Enforcement Agent to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.
31.13 INSPECTION. O-95-08
The Village Enforcement Agent shall inspect all major and minor land disturbing activities and sites in order to ensure compliance with the control plan and permit. If land disturbing or land development activities are being carried out without a valid permit, the Village Enforcement Agent may enter the land pursuant to the special inspection warrant provisions of sections 66.122 and 66.123, Wis. Stats.
31.14 VIOLATIONS, ENFORCEMENT AND PENALTIES. O-95-08
(1) Violations. No land development or land disturbing activities within the scope of this Ordinance may occur without full compliance with the provisions of this Ordinance. Any person who violates or fails to comply with any provision of this Ordinance is subject to the enforcement and penalty provisions below.
(2) Enforcement. This Ordinance shall be enforced consistent with the policies and purposes underlying its adoption. The following enforcement actions, or any combination thereof, may be taken in case of a violation of this Ordinance.
(A) Stop-Work Order. A stop-work order may be issued by the Village Enforcement Agent if: (i) any land disturbing or land developing activity regulated under this Ordinance is being undertaken without a permit, (ii) the control plan is not being implemented in a good faith manner, or (iii) the conditions of the permit are not being met. Stop-work orders may be retracted when compliance with the Ordinance is obtained. The Village Enforcement Agent has the authority to retract a stop-work order for major and minor land disturbing activities.
(B) Revocation of Permit. Where a stop work order has been issued in order to obtain compliance with a control plan, the Village may revoke the permit if the permittee does not cease the illegal activity or obtain compliance with the control plan or permit conditions within twenty-four (24) hours from issuance of the stop work order. Permits for major and minor land disturbing activities may be revoked by the Village Enforcement Agent.
(C) Village to Perform Work.
1. Twenty-four hours after posting a stop work order, the Village may issue a notice of intent to the permittee or landowner or land user of the Village’s intent to perform work necessary to comply with this ordinance. Upon receipt of permission of the landowner or pursuant to court order, the Village Enforcement Agent and/or other designated Village officials or agents, may go on the land and commence the work.
2. When a violation of this Ordinance or of the conditions of a permit cause sediment to deposit on any Village street or public property, the Village Enforcement Agent and/or other designated Village officials or agents shall proceed to remove and/or clean such sediment.
3. The cost of the work performed by the Village pursuant to subsections 1 or 2 above, plus interest, shall be billed to the permittee or the landowner on whose property the work under subsection 1 was performed, or from whose activities or property the sediment originated for work under subsection 2, or may be recovered out of any security posted for such purpose. In the event a permittee or landowner otherwise fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to section 66.60, Wis. Stats.
(D) Injunction and Other Judicial Remedies. Compliance with the provisions of this Ordinance may also be obtained by the Village Board authorizing the Village Attorney to commence appropriate action to enjoin violations, compel compliance, or pursue other appropriate judicial relief.
(E) Private Remedies Preserved. These enforcement provisions are not intended in any way to restrict or limit the rights of private parties to pursue whatever private legal remedies they may have available as a result of any erosion, sediment or water runoff.
(3) Penalties. Any person violating any provision of this Ordinance shall be subject to forfeitures as follows: for major land disturbing activities, not less than $200 nor more than $2,000 plus the actual cost of prosecution for each offense; for minor land disturbing activities, not less than $50 nor more than $500 plus the actual cost of prosecution for each offense. Each day a violation exists shall constitute a separate offense. Citations for any violation of any provision of this Ordinance may additionally be issued by the Village Enforcement Agent, and such citations shall be in conformance with other municipal citations. Without limitation by enumeration, a violation of this Ordinance is occurring if any of the following conditions exist: (i) any land disturbing or land developing activity regulated under this Ordinance is being undertaken without a permit, (ii) the control plan is not being implemented in a good faith manner, (iii) the conditions of the permit are not being met, or (iv) any condition or activity that causes excessive runoff or erosion to adjacent land, public streets, or water bodies is occurring or being allowed to occur, in violation of section 31.07 of this Ordinance.
31.15 APPEALS AND VARIANCES. O-95-08
(1) Appeal or Variance Requests.
(A) By Applicant or Permittee. Any aggrieved applicant, permittee or land user may appeal any order, decision, determination or inaction of the Village in administering or enforcing this Ordinance, or may apply for a variance from the requirements of this Ordinance. A twenty-five dollar ($25) fee must accompany any appeal or variance request involving a minor land disturbing activity. A three hundred dollar ($300) fee must accompany any appeal or variance request involving a major land disturbing activity. Appeal or variance requests must be submitted in writing, state the grounds for the appeal or variance request, and be filed with the Village Clerk.
(B) Appeal By Citizens. An appeal of any order, decision, determination or inaction of the Village in administering or enforcing this Ordinance may be commenced upon the filing of a petition signed by twelve (12) adult residents of the Village and payment of a three hundred dollar ($300) fee. The appeal must be filed with the Village Clerk and must state written grounds for the appeal. A copy of any citizen appeal shall be delivered or mailed to the applicant or permittee by the Village Clerk within five (5) working days of its filing, if any, with the Village. The filing of a citizen appeal, by itself, does not prohibit the commencement or continuation of any work or activity.
(C) Appeal Deadline. Appeals by applicants, permittees or citizens must be filed within forty-five (45) days of the order, decision, determination of inaction being appealed.
(D) Multiple Appeals Prohibited. Once an appeal has been filed on a matter, no other appeal on the same order, decision, determination or inaction will be allowed. The Zoning Board shall consolidate appeals wherever possible to avoid a multiplicity of appeal proceedings and to hasten the final resolution of a matter. The Zoning Board may allow additional parties to join a pending appeal where appropriate and where such addition will not delay the proceedings.
(2) Authority of Zoning Board of Appeals.
(A) The Village Zoning Board of Appeals shall hear and decide all variance requests and appeals in accordance with the provisions of section 62.23(7)(e), Wis. Stats., and this ordinance. Where provisions may conflict, the more stringent shall apply. The Zoning Board shall only grant such variances from the terms of this Ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this Ordinance is impracticable or otherwise unreasonable or demonstrated to be unnecessary. Such variances may be granted only when the Village Engineer has been presented with satisfactory proof, and the Zoning Board of Appeals so concurs, that the variance will achieve compliance results comparable to those set forth in this Ordinance.
(B) Appeals or variance requests shall be heard and decided within 30 days of receipt of the written request and payment of the appeal fee, unless an extension is agreed upon by the appellant and Zoning Board.
(3) Ordinance Procedures Prevail. Pursuant to section 68.16, Wis. Stats., the Village Board elects that the procedures for administrative review of decisions set forth in this Ordinance shall apply in lieu of the procedures of the Wisconsin Municipal Administrative Procedure Act.
(4) Enforcement Not Stayed. The filing of an appeal or variance request does not preclude the Village from commencing or continuing any of the enforcement actions set forth in section 31.14(2) or a forfeiture proceeding under section 31.14(3) of this Ordinance unless the Village Board specifically agrees to stay such enforcement.