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55 - Erosion Control - McFarland
Ordinance #55
Stormwater
Erosion Control - McFarland
ORDINANCE TO AMEND THE EROSION CONTROL REGULATIONS OF THE VILLAGE OF MCFARLAND
Purpose: While the Village has had an Erosion Control Ordinance since 1980, recent developments in practices of erosion control suggest a substantial need exists for incorporating current best practices into the Ordinance.
Sponsor: Director of Public Works Dancker.
Recommended Referral: Public Works Committee; Plan Commission
Public Hearing: Recommended; Class 2 Notice.
The Village Board of the Village of McFarland do hereby ordain as follows:
1. Section 15-5-1 of the McFarland Municipal Code is hereby amended to read as follows:
"This Article is adopted pursuant to the guidelines in Sec. 6272-34=561.354, Wis. Stats."
2. Section 15-5-2(a) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"(a) Findings. The Village Board finds that soil erosion from land disturbing activities and subsequent development can disturb natural cover and land surfaces resulting in a change of run-off patterns that may have a detrimental effect on water quality and downstream uses. This is of particular concern in the Village of McFarland, in which a substantial portion of the surface water of the Village is within the boundaries of the Yahara Monona Priority Watershed Project boundaries. Land disturbing activities and subsequent development need to be strictly regulated to avoid damage to other properties and sensitive areas. Further, effective sediment and storm water management depends upon proper planning, design and timely installation of conservation practices, as well as continuing maintenance practices."
3. Section 15-5-2(b) of the McFarland Municipal Code is hereby amended to read as follows:
"(b) Purpose. It is the purpose of this Chapter to preserve the natural resources; to protect the quality of the waters of the state and Village; and to protect and promote the health, safety and welfare of the people, to the extent practicable, by minimizing the amount of sediment, soil loss and other pollutants carried by run-off or discharge from LAND disturbing activities and subsequent development of the property to lakes, streams and wetlands."
4. Section 15-5-3 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"This Article applies to any land disturbing activity occurring anywhere within the territorial limits of the Village and publicly- or privately-owned lands within the extraterritorial territorial plat review jurisdiction of the Village which involve an area in excess of 4,000 square feet or involve activity on a slope of greater than 10% grade which may have off-site impacts, excluding agricultural activities. This Article shall not apply to construction sites regulated by the Wisconsin Uniform Dwelling Code ("UDC"), although the Village shall regulate these sites during the period that residential building permits are in effect under the provision of Section 15-1-3 of the McFarland Municipal Code consistent with then-existing UDC regulations. In addition, this Ordinance applies to activities unrelated to actual building construction such as, but not limited to, land disturbing activity prior to excavation for foundation work, landscaping, installation of driveways, parking areas and sidewalks, extensive earth work on sites not directly related to structural concerns, developments of ponds and channelized water courses, commercial parks and landing strips or airport runways. The Village may enter into intergovernmental cooperative agreements pursuant to Wis. Stats. Sec. 66.30 with other governmental entities to enhance enforcement of these requirements."
5. Section 15-54(c) of the McFarland Municipal Code is hereby amended to read as follows:
"(c) Erosion Control Measure. A control measure used to meet the requirements of Section 15-5- 7 of the McFarland Municipal Code."
6. Section 15-5-4(jm) of the McFarland Municipal Code is hereby created to read as follows:
"(jm) Plan. The erosion control plan required by Section 15-5-7 of the McFarland Municipal Code."
7. Section 15-5-4(km) of the McFarland Municipal Code is hereby created to read as follows:
"(km) Sensitive Area. Lakes, perennially flowing and intermittent streams or wetlands."
8. Section 15-5-4(n) of the McFarland Municipal Code is hereby created to read as follows:
"(n) Soil Loss Rate. The rate, measured in tons per acre per year, at which soil movement occurs as a result of sheet and rill erosion and does not apply to ditches or areas of concentrated flows."
9. Section 15-5-7 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SECTION 15-5-7 REQUIREMENT FOR SPECIFIC EROSION CONTROL PLANS.
(a) Applicability. Activities on public lands and on all private lands shall be subject to this Article if:
(1) There is a subdivision of land or a land division, as those terms are defined in Wis. Stats. Chap. 1-36 and Title 14 of the McFarland Municipal Code.
(2) An area of 4,000 square feet or greater will be disturbed by grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activities, or activities on a slope of 10% or more.
(3) Excavation, filling or a combination thereof exceeds 400 cubic yards or more of dirt, sand or other excavation or fill material.
(4) Any public street, highway, road or bridge is to be constructed, enlarged, relocated or substantially reconstructed.
(5) Any public or private utility laying, repairing, replacing or enlarging an underground pipe or facility for a distance of 300 feet or more.
(b) General Plan Requirements. Erosion control plans required under Section 15-5-7(a) may include consideration of adjoining landowners' cooperative efforts to control transport of sediment, and shall include the items required in Section 15-5-7(c) or Section 15-5-7(b)(2) as applicable.
(1) All erosion control plans shall include the following elements:
(A) Site boundaries superimposed on a USGS 7.5 minute topographical map;
(B) Cross sections of road and drainage ditches;
(C) Profiles within road and drainage ditches;
(D) Culvert sizes;
(E) Direction of flow of run-off;
(F) Watershed size for each drainage area;
(G) Design discharges for ditches and structural measures;
(H) Run-off velocities for particular projects:
(i) The standard design shall include run-off velocities for the two year 24 hour storm event;
(ii) Designs of detention basins shall include, in addition to the two year 24 storm, run-off velocities for the ten year 24 hour storm event;
(I) Fertilizer, mulching and seeding rates and recommendations;
(J) Time schedules for stabilization of ditches and slopes; (K) Plans shall adhere to the following minimum standards:
(i) Prevent gully erosion and limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative rate not to exceed 15 tons per acre per year for construction commencing between May 1 and October 31 each year and not to exceed 7.5 tons per acre per year for construction commencing between November I and April 30 each year. Where sites are located adjacent to or directly drain into sensitive areas, the annual, cumulative rate shall not exceed 7.5 tons per acre per year regardless of the starting date for the project;
(ii) Plan compliance under Subsection (i) shall be determined using the Soil Conservation Service technical guide or other commonly accepted soil erosion control methodology approved by the Village Engineer, which includes the following considerations: season of year; site characteristics; soil erodibility and slope; and
(iii) For internally drained sites, erosion control measures for plan approval need not attempt to regulate soil transportation within the limits of the disturbed area;
(L) Description of methods by which sites are to be developed, indicating how the project will be phased to minimize the extent of area disturbed throughout the construction period;
(M) A proposed timetable of steps to mitigate the erosion caused by land disturbing activity, in a manner consistent with accepted erosion control methods suitable to the specific site, including a timetable for prompt revegetation;
(N) Provisions to ensure no increase in surface water drainage from sites during or after construction, unless water is discharged into existing, adequate drainage areas, specifying all storm water management controls such as outlet control structures or basins necessary to comply with maximum permitted discharges;
(O) Provisions to prevent mud-tracking off-site onto public thoroughfares during construction period;
(P) Special provisions for erosion control practices and maintenance on sites with disturbed slopes greater than 10%; and
(Q) Special provisions for erosion control practices and maintenance on sites adjacent to wetlands or surface water bodies; and any proposed modifications to approved plans or alterations to accepted sequencing of land disturbing activities at the site shall be approved by the Village Engineer prior to implementation of said changes.
(2) Content of Standard Erosion Control Plan for Land Disturbing Activity.
Applicants submitting erosion control proposals not meeting the criteria for a simplified plan checklist under Section 15-5-7(c) shall submit the following:
(A) Existing Site Map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:
(i) Site boundaries of adjacent lands which accurately identify site location;
(ii) Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site;
(iii) One Hundred year floodplains, flood fringes and floodways;
(iv) Location of the predominant soil types;
(v) Vegetative cover;
(vi) Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site;
(vii) Locations and dimensions of utilities, structures, roads, highways and paving; and
(viii) Site topography at a contour interval not to exceed two feet.
(B) Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
(C) Site Construction Plan. A site construction plan including:
(i) Locations and dimensions of all proposed land disturbing activities;
(ii) Locations and dimensions of all temporary soil or dirt stock piles;
(iii) Locations and dimensions of all construction site management control measures necessary to meet the requirements of this Article;
(iv) Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of erosion control measures needed to meet the requirements of this Article; and
(v) Provisions of maintenance of the erosion control measures during construction and until permanent cover is well established.
(3) Simplified Plan Checklist. Applicants may submit erosion control proposals using simplified checklists of standard erosion control practices to be installed on sites, on a standard form approved by the Village, wherever the following conditions exist:
(A) The site is not more than 20,000 square feet in area;
(B) The site is not adjacent to and does not directly drain into any sensitive areas nearby; and
(C) There is a slope of less than 10% throughout the site."
10. Section 15-5-8 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SECTION 15-5-8 ADMINISTRATION.
(a) Application. No person may begin a land disturbing or a land development activity subject to this Article, and no person shall receive a zoning permit without having received prior approval of an erosion control plan pursuant to Section 15-5-7 of the McFarland Municipal Code. The applicant shall submit an application for an erosion control plan along with a proposed erosion control plan and pay an application fee. By submitting an application, the applicant authorizes Village enforcement officials to enter the site to obtain specific information required for an informed review of the erosion control plan.
(b) Review. Within 20 days of receipt of the application, the Village shall review the application. A simplified plan checklist pursuant to Section 15-5-7(c) may be reviewed by the Zoning Administrator, other staff or a Building Inspector certified by the Wisconsin Department of Industry, Labor and Human Relations to review such plans. In all other cases, erosion control plans shall be reviewed by the Village Engineer. If the application and proposed plan are deficient, the approving official shall inform the applicant, in writing, of any deficiency and may either ask for additional information or disapprove the plan, giving written reasons for the disapproval. All deficiencies in the application and in the erosion control plan shall be corrected before an erosion control permit or a zoning permit is issued.
(c) Duration of Erosion Control Permit. Any erosion control permit issued shall be valid for a period of 180 days. Upon application, the Village Engineer may extend the period for an additional 180 days, and may require additional erosion control measures as a condition for the extension if necessary to meet the requirements of this Article. The applicant shall not be required to pay any additional fee for any extension granted.
(d) Surety. As a condition of approval and issuance of an erosion control permit, the Village Engineer may require the applicant to deposit a surety bond, irrevocable letter of credit or other form of surety satisfactory in form and amount to the Village Attorney to assure execution of the approved erosion control plan and any conditions upon the erosion control permit.
(e) Conditions of Permit. All erosion control permits shall require the permittee to:
(1) Notify the Building Inspector at least 48 hours prior to commencing any land-disturbing activity;
(2) Notify the Building Inspector of completion of any erosion control measures within ten days after their installation;
(3) Obtain written permission from the Building Inspector and/or Village Engineer prior to modifying the erosion control plan;
(4) Install all erosion control measures identified in the approved erosion control plan;
(5) Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the erosion control plan;
(6) Promptly repair any situation or erosion damage to adjoining services and drainageways resulting from the land disturbing or land developing activities regulated under the terms of the erosion control plan, initiating the repair within 24 hours of notice of the situation or erosion damage;
(7) Inspect the erosion control measures after each rain of 1/2 inch or more and at least once per week, and to initiate repairs within 24 hours;
(8) Allow the Building Inspector and/or Village Engineer to enter the site for the purpose of inspecting compliance with the erosion control plan and for performing any work necessary to bring the site into compliance with the erosion control plan;
(9) Keep a copy of the erosion control plan on the site. These standards conditions shall be stated on the face of any permit issued by the Village.
(f) Implementation of Plan. The erosion control plan shall be implemented prior to the start of any land disturbing or land developing activity, and shall be maintained throughout the entire term of such activity. The applicant is responsible for successful completion of the erosion control plan as approved. Upon issuance of the permit, the permittee shall be liable for any and all costs incurred resulting from noncompliance with the permittee's approved plan. When a permittee seeks to transfer an inter property subject to an approved erosion control plan prior to completion of the steps necessary to attain soil stabilization, the permittee must secure approval from the Village to transfer any portion of the permittee's responsibility for implementing the approved plan to another party."
11. Section 15-5-9 of the McFarland Municipal Code is hereby repealed.
12. Section 15-5-10 of the McFarland Municipal Code is hereby renumbered as Section 15-5-9, repealed and recreated to read as follows:
"SECTION 15-5-9 ENFORCEMENT.
(a) Inspections. As part of the plan approval process, the Zoning Administrator shall establish a minimum number of inspections to be conducted consistent with the land disturbing or land developing activity proposed to be undertaken.
(b) Verification. Within ten days after completion of installation of all required erosion control measures in an approved plan, and when soil stabilization- has been achieved, the permittee shall notify the Village to arrange a final inspection to verify plan compliance. This inspection shall not relieve the permittee from the responsibility to maintain erosion control measures or uphold plan requirements as set forth in Section 15-5-7(b).
(c) Noncompliance. If an inspection reveals any noncompliance with an approved erosion control plan, the Zoning Administrator shall notify the permittee of all specific instances of noncompliance. The permittee shall have 24 hours from the time and date of notification by the Zoning Administrator to correct any noncompliance with the plan when notification is achieved in the following manner:
(1) Personal communication of the noncompliance to owner and/or contractor or their respective agents; and
(2) Written notice sent by certified mail to owner and/or contractor.
(d) Stop Work Orders. The Zoning Administrator shall issue and post a stop work order under either of the following circumstances:
(1) Any land disturbing or land developing activity regulated under this Article as being undertaken without a permit;
(2) Any noncompliance with an approved erosion control plan is not brought into compliance within 24 hours or 72 hours, respectively, after notice under Subsection (c) above. Upon issuance of a stop work order, the only permissible activity on the project shall be actions to bring the project into compliance with the approved plan or actions to assure issuance of an approved erosion control plan until such time as the Zoning Administrator certifies compliance. If the permittee does not cease the activity or comply with the approved erosion control plan within 72 hours, the Zoning Administrator may revoke the erosion control permit and any other permits issued in connection with the activity.
(e) Remedial Action. If the permittee fails to comply with the stop work order, the Zoning Administrator may issue a notice of intent to the permittee or land owner to perform any work, or commence any operations necessary, to correct conditions on the property. Agents of the Village may enter the land and commence the work within three days after service of the notice of intent upon the permittee or land owner. The cost of the work performed, together with interest at the rate customarily charged by the Village on delinquencies, shall be billed to the permittee or land owner. In the event a permittee or land owner fails to pay the amount due, the Village shall enter the amount due on the tax roll and collect the amount as a special charge pursuant to Wis. Stats. Sec. 66.60(16).
(f) Forfeitures. Amy person violating any of the provisions of this Article shall also be subject to a forfeiture, with penalties as provided in Section 1-1-6 of the McFarland Municipal Code.
(g) Injunctions. The Village may also seek injunctive relief to compel compliance with the provisions of this Article.
(h) Transfers of Ownership.
(1) When a permittee transfers ownership, possession or control of property subject to an uncompleted erosion control plan, the party who is successor in interest to any portion of said real estate shall bear responsibility to control soil erosion on that portion of the real estate under the successor's ownership, possession or control, and shall comply with the standards provided in this Article.
(2) When ownership, possession or control of property subject to an uncompleted erosion control plan is transferred from one party to another, the former owner shall notify the party taking possession as to the current status of compliance with the approved erosion control plan, also providing a copy of said notice to the Zoning Administrator, and shall provide a copy of the approved erosion control plan to the purchaser if the soil on the property being transferred has not been stabilized prior to the date of transfer.
(3) Transfers of interest in real estate subject to an approved, uncompleted erosion control plan may be completed consistent with this Article under any of the following circumstances:
(A) The transferee shall file a new, approved erosion control plan;
(B) The transferee shall obtain an approved assignment from the Village as sub-permittee to complete that portion of the approved erosion control plan for the transferred property; or
(C) The permittee shall provide the authority with a surety in an amount sufficient to complete the work proposed in the approved plan. At the time of transfer, the permittee may seek to reduce any prior surety to the amount necessary to complete the remaining work. If the permittee enters into escrow agreements with transferees to complete an approved plan, such escrowed amounts shall be available to the Village to attain plan compliance. When an approved erosion control plan is not completed as proposed, the Zoning Administrator may obtain the surety to complete remaining work to achieve plan compliance."
13. Section 15-5-11 of the McFarland Municipal Code is hereby renumbered as Section 15-5-10 and amended to read as follows:
"SECTION 15-5-4410 APPEALS
(a) Appeals. The Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector,, Zoning Administrator or Village Engineer in administering this Article. Upon appeal, the Board of Appeals may authorize variances from the provisions of this Article which are not contrary to the public interest and where owning to special conditions a literal enforcement of the provisions of this Article will result in unnecessary hardship. The Board of Appeals shall use the rules, procedures, duties and powers authorized by statute for Zoning Boards of Appeals in hearing and deciding appeals and authorizing variances.
(b) Who May Appeal. Any applicant, permittee, land owner or land user may appeal any order, decision or determination made by the Building Inspector, Zoning Administrator and/or Village Engineer in administering this Article."
14. Section 15-5-40(a) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
(a) Fees for Erosion Control Plans. Each applicant desiring to undertake a regulated activity subject to this Chapter shall submit to the Zoning Administrator a fee required by the following fee schedule:
(1) Simplified Plan Checklists - $200.00 for the period commencing on January 1, 1996 through December 31, 1996, and $250.00 thereafter.
(2) Sites Larger Than 20,000 Square Feet in Area $400.00 and Two Acres or Less in Area
(3) Sites Larger Than Two Acres in Area $600.00 and Five Acres or Less in Area
(4) Sites larger Than Five Acres in Area - The applicant shall be responsible for paying a fee equal to the actual cost to the Village for all engineering work and inspections incurred by the Village in connection with review of the erosion control plan and inspections of the implementation of the plan. At the time the application is submitted, the applicant shall prepay an estimated fee of $ 1,000.00. Following review of the plan, the Village Engineer shall estimate the total cost of the Engineer's review and inspections in connection with the review and implementation of the plan. If the amount is estimated to be more than the $1,000.00 deposited with the application, the Zoning Administrator shall require the applicant to deposit with the Village Treasurer, in escrow, the remaining sum required by the Village Engineer's estimate.
The Village Treasurer shall pay bills submitted for engineering and inspection out of the funds escrowed under Section 15-5-40(a)(4). In the event the amount deposited with the Village Treasurer falls below 25% of the amount required to be deposited, the Zoning Administrator shall require the permittee to replenish the escrow to the original amount required hereunder. Upon final acceptance of implementation of the erosion control plan, the amounts remaining in the escrow shall be refunded to the applicant. An accounting of all fees paid by the Village and the status of the escrow shall be provided to the permittee at least quarterly. In the event the applicant or permittee defaults in establishing or replenishing the escrow, the Village may take enforcement action as contemplated under Section 15-5-9 of the McFarland Municipal Code."
15. This Ordinance shall take effect on April 1, 1996.
Stormwater
Erosion Control - McFarland
ORDINANCE TO AMEND THE EROSION CONTROL REGULATIONS OF THE VILLAGE OF MCFARLAND
Purpose: While the Village has had an Erosion Control Ordinance since 1980, recent developments in practices of erosion control suggest a substantial need exists for incorporating current best practices into the Ordinance.
Sponsor: Director of Public Works Dancker.
Recommended Referral: Public Works Committee; Plan Commission
Public Hearing: Recommended; Class 2 Notice.
The Village Board of the Village of McFarland do hereby ordain as follows:
1. Section 15-5-1 of the McFarland Municipal Code is hereby amended to read as follows:
"This Article is adopted pursuant to the guidelines in Sec. 6272-34=561.354, Wis. Stats."
2. Section 15-5-2(a) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"(a) Findings. The Village Board finds that soil erosion from land disturbing activities and subsequent development can disturb natural cover and land surfaces resulting in a change of run-off patterns that may have a detrimental effect on water quality and downstream uses. This is of particular concern in the Village of McFarland, in which a substantial portion of the surface water of the Village is within the boundaries of the Yahara Monona Priority Watershed Project boundaries. Land disturbing activities and subsequent development need to be strictly regulated to avoid damage to other properties and sensitive areas. Further, effective sediment and storm water management depends upon proper planning, design and timely installation of conservation practices, as well as continuing maintenance practices."
3. Section 15-5-2(b) of the McFarland Municipal Code is hereby amended to read as follows:
"(b) Purpose. It is the purpose of this Chapter to preserve the natural resources; to protect the quality of the waters of the state and Village; and to protect and promote the health, safety and welfare of the people, to the extent practicable, by minimizing the amount of sediment, soil loss and other pollutants carried by run-off or discharge from LAND disturbing activities and subsequent development of the property to lakes, streams and wetlands."
4. Section 15-5-3 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"This Article applies to any land disturbing activity occurring anywhere within the territorial limits of the Village and publicly- or privately-owned lands within the extraterritorial territorial plat review jurisdiction of the Village which involve an area in excess of 4,000 square feet or involve activity on a slope of greater than 10% grade which may have off-site impacts, excluding agricultural activities. This Article shall not apply to construction sites regulated by the Wisconsin Uniform Dwelling Code ("UDC"), although the Village shall regulate these sites during the period that residential building permits are in effect under the provision of Section 15-1-3 of the McFarland Municipal Code consistent with then-existing UDC regulations. In addition, this Ordinance applies to activities unrelated to actual building construction such as, but not limited to, land disturbing activity prior to excavation for foundation work, landscaping, installation of driveways, parking areas and sidewalks, extensive earth work on sites not directly related to structural concerns, developments of ponds and channelized water courses, commercial parks and landing strips or airport runways. The Village may enter into intergovernmental cooperative agreements pursuant to Wis. Stats. Sec. 66.30 with other governmental entities to enhance enforcement of these requirements."
5. Section 15-54(c) of the McFarland Municipal Code is hereby amended to read as follows:
"(c) Erosion Control Measure. A control measure used to meet the requirements of Section 15-5- 7 of the McFarland Municipal Code."
6. Section 15-5-4(jm) of the McFarland Municipal Code is hereby created to read as follows:
"(jm) Plan. The erosion control plan required by Section 15-5-7 of the McFarland Municipal Code."
7. Section 15-5-4(km) of the McFarland Municipal Code is hereby created to read as follows:
"(km) Sensitive Area. Lakes, perennially flowing and intermittent streams or wetlands."
8. Section 15-5-4(n) of the McFarland Municipal Code is hereby created to read as follows:
"(n) Soil Loss Rate. The rate, measured in tons per acre per year, at which soil movement occurs as a result of sheet and rill erosion and does not apply to ditches or areas of concentrated flows."
9. Section 15-5-7 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SECTION 15-5-7 REQUIREMENT FOR SPECIFIC EROSION CONTROL PLANS.
(a) Applicability. Activities on public lands and on all private lands shall be subject to this Article if:
(1) There is a subdivision of land or a land division, as those terms are defined in Wis. Stats. Chap. 1-36 and Title 14 of the McFarland Municipal Code.
(2) An area of 4,000 square feet or greater will be disturbed by grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activities, or activities on a slope of 10% or more.
(3) Excavation, filling or a combination thereof exceeds 400 cubic yards or more of dirt, sand or other excavation or fill material.
(4) Any public street, highway, road or bridge is to be constructed, enlarged, relocated or substantially reconstructed.
(5) Any public or private utility laying, repairing, replacing or enlarging an underground pipe or facility for a distance of 300 feet or more.
(b) General Plan Requirements. Erosion control plans required under Section 15-5-7(a) may include consideration of adjoining landowners' cooperative efforts to control transport of sediment, and shall include the items required in Section 15-5-7(c) or Section 15-5-7(b)(2) as applicable.
(1) All erosion control plans shall include the following elements:
(A) Site boundaries superimposed on a USGS 7.5 minute topographical map;
(B) Cross sections of road and drainage ditches;
(C) Profiles within road and drainage ditches;
(D) Culvert sizes;
(E) Direction of flow of run-off;
(F) Watershed size for each drainage area;
(G) Design discharges for ditches and structural measures;
(H) Run-off velocities for particular projects:
(i) The standard design shall include run-off velocities for the two year 24 hour storm event;
(ii) Designs of detention basins shall include, in addition to the two year 24 storm, run-off velocities for the ten year 24 hour storm event;
(I) Fertilizer, mulching and seeding rates and recommendations;
(J) Time schedules for stabilization of ditches and slopes; (K) Plans shall adhere to the following minimum standards:
(i) Prevent gully erosion and limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative rate not to exceed 15 tons per acre per year for construction commencing between May 1 and October 31 each year and not to exceed 7.5 tons per acre per year for construction commencing between November I and April 30 each year. Where sites are located adjacent to or directly drain into sensitive areas, the annual, cumulative rate shall not exceed 7.5 tons per acre per year regardless of the starting date for the project;
(ii) Plan compliance under Subsection (i) shall be determined using the Soil Conservation Service technical guide or other commonly accepted soil erosion control methodology approved by the Village Engineer, which includes the following considerations: season of year; site characteristics; soil erodibility and slope; and
(iii) For internally drained sites, erosion control measures for plan approval need not attempt to regulate soil transportation within the limits of the disturbed area;
(L) Description of methods by which sites are to be developed, indicating how the project will be phased to minimize the extent of area disturbed throughout the construction period;
(M) A proposed timetable of steps to mitigate the erosion caused by land disturbing activity, in a manner consistent with accepted erosion control methods suitable to the specific site, including a timetable for prompt revegetation;
(N) Provisions to ensure no increase in surface water drainage from sites during or after construction, unless water is discharged into existing, adequate drainage areas, specifying all storm water management controls such as outlet control structures or basins necessary to comply with maximum permitted discharges;
(O) Provisions to prevent mud-tracking off-site onto public thoroughfares during construction period;
(P) Special provisions for erosion control practices and maintenance on sites with disturbed slopes greater than 10%; and
(Q) Special provisions for erosion control practices and maintenance on sites adjacent to wetlands or surface water bodies; and any proposed modifications to approved plans or alterations to accepted sequencing of land disturbing activities at the site shall be approved by the Village Engineer prior to implementation of said changes.
(2) Content of Standard Erosion Control Plan for Land Disturbing Activity.
Applicants submitting erosion control proposals not meeting the criteria for a simplified plan checklist under Section 15-5-7(c) shall submit the following:
(A) Existing Site Map. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:
(i) Site boundaries of adjacent lands which accurately identify site location;
(ii) Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site;
(iii) One Hundred year floodplains, flood fringes and floodways;
(iv) Location of the predominant soil types;
(v) Vegetative cover;
(vi) Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site;
(vii) Locations and dimensions of utilities, structures, roads, highways and paving; and
(viii) Site topography at a contour interval not to exceed two feet.
(B) Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes.
(C) Site Construction Plan. A site construction plan including:
(i) Locations and dimensions of all proposed land disturbing activities;
(ii) Locations and dimensions of all temporary soil or dirt stock piles;
(iii) Locations and dimensions of all construction site management control measures necessary to meet the requirements of this Article;
(iv) Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of erosion control measures needed to meet the requirements of this Article; and
(v) Provisions of maintenance of the erosion control measures during construction and until permanent cover is well established.
(3) Simplified Plan Checklist. Applicants may submit erosion control proposals using simplified checklists of standard erosion control practices to be installed on sites, on a standard form approved by the Village, wherever the following conditions exist:
(A) The site is not more than 20,000 square feet in area;
(B) The site is not adjacent to and does not directly drain into any sensitive areas nearby; and
(C) There is a slope of less than 10% throughout the site."
10. Section 15-5-8 of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
"SECTION 15-5-8 ADMINISTRATION.
(a) Application. No person may begin a land disturbing or a land development activity subject to this Article, and no person shall receive a zoning permit without having received prior approval of an erosion control plan pursuant to Section 15-5-7 of the McFarland Municipal Code. The applicant shall submit an application for an erosion control plan along with a proposed erosion control plan and pay an application fee. By submitting an application, the applicant authorizes Village enforcement officials to enter the site to obtain specific information required for an informed review of the erosion control plan.
(b) Review. Within 20 days of receipt of the application, the Village shall review the application. A simplified plan checklist pursuant to Section 15-5-7(c) may be reviewed by the Zoning Administrator, other staff or a Building Inspector certified by the Wisconsin Department of Industry, Labor and Human Relations to review such plans. In all other cases, erosion control plans shall be reviewed by the Village Engineer. If the application and proposed plan are deficient, the approving official shall inform the applicant, in writing, of any deficiency and may either ask for additional information or disapprove the plan, giving written reasons for the disapproval. All deficiencies in the application and in the erosion control plan shall be corrected before an erosion control permit or a zoning permit is issued.
(c) Duration of Erosion Control Permit. Any erosion control permit issued shall be valid for a period of 180 days. Upon application, the Village Engineer may extend the period for an additional 180 days, and may require additional erosion control measures as a condition for the extension if necessary to meet the requirements of this Article. The applicant shall not be required to pay any additional fee for any extension granted.
(d) Surety. As a condition of approval and issuance of an erosion control permit, the Village Engineer may require the applicant to deposit a surety bond, irrevocable letter of credit or other form of surety satisfactory in form and amount to the Village Attorney to assure execution of the approved erosion control plan and any conditions upon the erosion control permit.
(e) Conditions of Permit. All erosion control permits shall require the permittee to:
(1) Notify the Building Inspector at least 48 hours prior to commencing any land-disturbing activity;
(2) Notify the Building Inspector of completion of any erosion control measures within ten days after their installation;
(3) Obtain written permission from the Building Inspector and/or Village Engineer prior to modifying the erosion control plan;
(4) Install all erosion control measures identified in the approved erosion control plan;
(5) Maintain all road drainage systems, storm water drainage systems, control measures and other facilities identified in the erosion control plan;
(6) Promptly repair any situation or erosion damage to adjoining services and drainageways resulting from the land disturbing or land developing activities regulated under the terms of the erosion control plan, initiating the repair within 24 hours of notice of the situation or erosion damage;
(7) Inspect the erosion control measures after each rain of 1/2 inch or more and at least once per week, and to initiate repairs within 24 hours;
(8) Allow the Building Inspector and/or Village Engineer to enter the site for the purpose of inspecting compliance with the erosion control plan and for performing any work necessary to bring the site into compliance with the erosion control plan;
(9) Keep a copy of the erosion control plan on the site. These standards conditions shall be stated on the face of any permit issued by the Village.
(f) Implementation of Plan. The erosion control plan shall be implemented prior to the start of any land disturbing or land developing activity, and shall be maintained throughout the entire term of such activity. The applicant is responsible for successful completion of the erosion control plan as approved. Upon issuance of the permit, the permittee shall be liable for any and all costs incurred resulting from noncompliance with the permittee's approved plan. When a permittee seeks to transfer an inter property subject to an approved erosion control plan prior to completion of the steps necessary to attain soil stabilization, the permittee must secure approval from the Village to transfer any portion of the permittee's responsibility for implementing the approved plan to another party."
11. Section 15-5-9 of the McFarland Municipal Code is hereby repealed.
12. Section 15-5-10 of the McFarland Municipal Code is hereby renumbered as Section 15-5-9, repealed and recreated to read as follows:
"SECTION 15-5-9 ENFORCEMENT.
(a) Inspections. As part of the plan approval process, the Zoning Administrator shall establish a minimum number of inspections to be conducted consistent with the land disturbing or land developing activity proposed to be undertaken.
(b) Verification. Within ten days after completion of installation of all required erosion control measures in an approved plan, and when soil stabilization- has been achieved, the permittee shall notify the Village to arrange a final inspection to verify plan compliance. This inspection shall not relieve the permittee from the responsibility to maintain erosion control measures or uphold plan requirements as set forth in Section 15-5-7(b).
(c) Noncompliance. If an inspection reveals any noncompliance with an approved erosion control plan, the Zoning Administrator shall notify the permittee of all specific instances of noncompliance. The permittee shall have 24 hours from the time and date of notification by the Zoning Administrator to correct any noncompliance with the plan when notification is achieved in the following manner:
(1) Personal communication of the noncompliance to owner and/or contractor or their respective agents; and
(2) Written notice sent by certified mail to owner and/or contractor.
(d) Stop Work Orders. The Zoning Administrator shall issue and post a stop work order under either of the following circumstances:
(1) Any land disturbing or land developing activity regulated under this Article as being undertaken without a permit;
(2) Any noncompliance with an approved erosion control plan is not brought into compliance within 24 hours or 72 hours, respectively, after notice under Subsection (c) above. Upon issuance of a stop work order, the only permissible activity on the project shall be actions to bring the project into compliance with the approved plan or actions to assure issuance of an approved erosion control plan until such time as the Zoning Administrator certifies compliance. If the permittee does not cease the activity or comply with the approved erosion control plan within 72 hours, the Zoning Administrator may revoke the erosion control permit and any other permits issued in connection with the activity.
(e) Remedial Action. If the permittee fails to comply with the stop work order, the Zoning Administrator may issue a notice of intent to the permittee or land owner to perform any work, or commence any operations necessary, to correct conditions on the property. Agents of the Village may enter the land and commence the work within three days after service of the notice of intent upon the permittee or land owner. The cost of the work performed, together with interest at the rate customarily charged by the Village on delinquencies, shall be billed to the permittee or land owner. In the event a permittee or land owner fails to pay the amount due, the Village shall enter the amount due on the tax roll and collect the amount as a special charge pursuant to Wis. Stats. Sec. 66.60(16).
(f) Forfeitures. Amy person violating any of the provisions of this Article shall also be subject to a forfeiture, with penalties as provided in Section 1-1-6 of the McFarland Municipal Code.
(g) Injunctions. The Village may also seek injunctive relief to compel compliance with the provisions of this Article.
(h) Transfers of Ownership.
(1) When a permittee transfers ownership, possession or control of property subject to an uncompleted erosion control plan, the party who is successor in interest to any portion of said real estate shall bear responsibility to control soil erosion on that portion of the real estate under the successor's ownership, possession or control, and shall comply with the standards provided in this Article.
(2) When ownership, possession or control of property subject to an uncompleted erosion control plan is transferred from one party to another, the former owner shall notify the party taking possession as to the current status of compliance with the approved erosion control plan, also providing a copy of said notice to the Zoning Administrator, and shall provide a copy of the approved erosion control plan to the purchaser if the soil on the property being transferred has not been stabilized prior to the date of transfer.
(3) Transfers of interest in real estate subject to an approved, uncompleted erosion control plan may be completed consistent with this Article under any of the following circumstances:
(A) The transferee shall file a new, approved erosion control plan;
(B) The transferee shall obtain an approved assignment from the Village as sub-permittee to complete that portion of the approved erosion control plan for the transferred property; or
(C) The permittee shall provide the authority with a surety in an amount sufficient to complete the work proposed in the approved plan. At the time of transfer, the permittee may seek to reduce any prior surety to the amount necessary to complete the remaining work. If the permittee enters into escrow agreements with transferees to complete an approved plan, such escrowed amounts shall be available to the Village to attain plan compliance. When an approved erosion control plan is not completed as proposed, the Zoning Administrator may obtain the surety to complete remaining work to achieve plan compliance."
13. Section 15-5-11 of the McFarland Municipal Code is hereby renumbered as Section 15-5-10 and amended to read as follows:
"SECTION 15-5-4410 APPEALS
(a) Appeals. The Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector,, Zoning Administrator or Village Engineer in administering this Article. Upon appeal, the Board of Appeals may authorize variances from the provisions of this Article which are not contrary to the public interest and where owning to special conditions a literal enforcement of the provisions of this Article will result in unnecessary hardship. The Board of Appeals shall use the rules, procedures, duties and powers authorized by statute for Zoning Boards of Appeals in hearing and deciding appeals and authorizing variances.
(b) Who May Appeal. Any applicant, permittee, land owner or land user may appeal any order, decision or determination made by the Building Inspector, Zoning Administrator and/or Village Engineer in administering this Article."
14. Section 15-5-40(a) of the McFarland Municipal Code is hereby repealed and recreated to read as follows:
(a) Fees for Erosion Control Plans. Each applicant desiring to undertake a regulated activity subject to this Chapter shall submit to the Zoning Administrator a fee required by the following fee schedule:
(1) Simplified Plan Checklists - $200.00 for the period commencing on January 1, 1996 through December 31, 1996, and $250.00 thereafter.
(2) Sites Larger Than 20,000 Square Feet in Area $400.00 and Two Acres or Less in Area
(3) Sites Larger Than Two Acres in Area $600.00 and Five Acres or Less in Area
(4) Sites larger Than Five Acres in Area - The applicant shall be responsible for paying a fee equal to the actual cost to the Village for all engineering work and inspections incurred by the Village in connection with review of the erosion control plan and inspections of the implementation of the plan. At the time the application is submitted, the applicant shall prepay an estimated fee of $ 1,000.00. Following review of the plan, the Village Engineer shall estimate the total cost of the Engineer's review and inspections in connection with the review and implementation of the plan. If the amount is estimated to be more than the $1,000.00 deposited with the application, the Zoning Administrator shall require the applicant to deposit with the Village Treasurer, in escrow, the remaining sum required by the Village Engineer's estimate.
The Village Treasurer shall pay bills submitted for engineering and inspection out of the funds escrowed under Section 15-5-40(a)(4). In the event the amount deposited with the Village Treasurer falls below 25% of the amount required to be deposited, the Zoning Administrator shall require the permittee to replenish the escrow to the original amount required hereunder. Upon final acceptance of implementation of the erosion control plan, the amounts remaining in the escrow shall be refunded to the applicant. An accounting of all fees paid by the Village and the status of the escrow shall be provided to the permittee at least quarterly. In the event the applicant or permittee defaults in establishing or replenishing the escrow, the Village may take enforcement action as contemplated under Section 15-5-9 of the McFarland Municipal Code."
15. This Ordinance shall take effect on April 1, 1996.