Erosion Control., Chapter 13. Building Code, Municipal Code, Code of Ordinances, West Allis

(1)

Authority. This section is adopted under the authority granted in sec. 62.234 of the Wisconsin Statutes.

(2)

Findings and Purpose.

(a)

Findings. The City of West Allis finds runoff from construction sites and vacant lands without vegetative cover carries a significant amount of sediment and other pollutants to the waters of this City and the State of Wisconsin.

(b)

Purpose. It is the purpose of this section to preserve the natural resources; to protect the quality of the waters of the City, county and state; and, to protect and promote the health, safety and welfare of the people; to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites and vacant lands to wetlands, streams and lakes.

(3)

Definitions. Whenever a term hereinafter defined appears in the text of this section, its meaning shall be construed as set forth in the definition thereof:

(a)

"Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

(b)

"Commercial land use" means use of land for the retail or wholesale sale of goods or services or for the manufacture of materials or goods considered to be an industrial use.

(c)

"Construction site control measure" means a control measure used to meet the requirements of sec. 13.32(7)(e).

(d)

"Control measure" means a practice or combination of practices to control erosion and attendant pollution.

(e)

"Control plan" means a written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this section, submitted by the applicant for review and approval by the Building Inspector.

(f)

"Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

(g)

"Land developing activity" means the construction of buildings, roads, parking lots, paved storage areas, utilities and similar facilities.

(h)

"Land disturbing construction activity" means any man made change of the land surface including removing vegetation cover, excavating, filling and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and, landscaping modifications.

(i)

"Landowner or owner" means any person holding title to or having a legally recorded interest in land.

(j)

"Land user" means any person operating, leasing, renting or having a legally recorded interest in land.

(k)

"Right-of-Way and Public Utility Easements" means public lands platted, dedicated or used for streets, alleys, county parkways, pedestrian ways and drainage channels and easements granted for drainage purposes, sewers, water mains and other underground or overhead public utilities.

(l)

"Residential Land Use" means use of land for residential use, to include single family, duplex and multi-family uses.

(m)

"Runoff" means the rainfall, snowmelt or irrigation water flowing over the ground surface.

(n)

"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.

(4)

Applicability. This section shall apply to land disturbing and land developing activities on lands located in the City. All State of Wisconsin public construction as defined in sec. 227.01(1) of the Wisconsin Statutes, is exempt from this section. Public works contracts and other work in public right-of-way or public utility easements for which permits are required to be issued by the Department of Public Works are exempt from the permit requirements of this section, but such activities shall conform to the requirements of this section.

(a)

Application. This section applies to the following sites of land development or land disturbing activities:

Those requiring a subdivision plat approval or the construction of residential, commercial, industrial or institutional buildings on lots of approved subdivision plats.

Those requiring a certified survey approval or the construction of residential, commercial, industrial or institutional buildings on lots of approved certified surveys.

Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of four thousand (4,000) square feet or more.

Those involving excavation or filling or a combination of excavation and filling affecting four hundred (400) cubic yards or more of dirt, sand or other excavation or fill material.

Those involving street, highway, road, bridge or utility construction, enlargement, relocation or reconstruction and which are not exempted.

Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of three hundred (300) feet or more.

(5)

Design Criteria, Standards and Specifications for Control Measures. All control measures required to comply with this section shall meet the design criteria, standards and specifications in the most current edition of the Wisconsin Department of Natural Resources publication Wisconsin Construction Site Best Management Practice Handbook.

(6)

Maintenance of Control Measures. All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the landowner and land user during the period of land disturbance and land development on the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The maintenance provisions for control measures contained in the most current edition of the Wisconsin Department of Natural Resources publication Wisconsin Construction Site Best Management Practice Handbook shall be applicable.

(7)

Control of Erosion and Pollutants During land Disturbance and Land Development. To control erosion and pollutants during land disturbance and land development, the following requirements shall be met on all applicable sites described in this section.

(a)

Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydro-cyclones, swirl concentrators or other appropriate controls designed and used to remove particles of one hundred (100) microns or greater for the highest dewatering pumping rate. If the water discharged is demonstrated to have no particles greater than one hundred (100) microns during dewatering operations, then no control is needed before discharge, except as determined by the Building Inspector. Water may not be discharged in a manner that causes erosion of the site or receiving channels.

(b)

Waste and material disposal. All waste and unused building materials including, but not limited to, garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(c)

Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, other than flushing, before the end of each workday.

(d)

Drain inlet and manhole protection. All storm drain inlets, manholes and sanitary sewer manholes shall be protected with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria, standards and specifications.

(e)

Site erosion control. The following criteria (1. through 5.) apply only to land development or land disturbing activities that result in runoff leaving the site.

Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in subparagraph 3.c. Sheetflow runoff from adjacent areas greater than ten thousand (10,000) square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for a ten (10) year, twenty-four (24) hour design storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.

All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.

Runoff from the entire disturbed area on the site shall be controlled by meeting either subparagraphs a. and b. or a. and c.

All disturbed ground left inactive for seven (7) or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure.

For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent (1%) of the area draining to the basin and at least three (3) feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three (3) feet. The basin shall be designed to trap sediment greater than fifteen (15) microns in size, based on a ten (10) year, twenty-four (24) hour design storm. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

For sites with less than ten (10) acres disturbed at one time, filter fences, straw bales or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

Any soil or dirt storage piles containing more than ten (10) cubic yards of material should not be located with a downslope drainage length of less than twenty-five (25) feet to a roadway or drainage channel. If remaining for more than seven (7) days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven (7) days shall be controlled by placing straw bales or filter fence barriers around the piles. In-street utility repair or construction soil or dirt storage piles located closer than twenty-five (25) feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven (7) days, then the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.

Sites having disturbed areas with slopes of twelve percent (12%) or more shall have permanent covers installed within seven (7) days of grading unless other approved alternate methods are used.

(8)

Permit Application. No land owner or land user may commence a land disturbance or land development activity subject to this section without the owner or agent for the owner obtaining prior approval of a control plan for the site and a permit from the Building Inspector. An owner or his agent desiring to undertake a land disturbing or land developing activity subject to this section shall submit to the Building Inspector an application for a permit and a control plan and pay the application fee. By submitting the application, the applicant authorizes the Building Inspector to enter the site to obtain any information which may be reasonably required for review of the control plan.

(a)

Activities Covering One Or More Acres. The control plan for land disturbing activities covering one (1) or more acres shall consist of:

Existing site map. A map of existing site conditions on a scale of at least one (1) inch equals one hundred (100) feet showing the site, and the following other information:

Site boundaries and adjacent lands which accurately identify site location.

Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site.

One hundred (100) year floodplains, flood fringes and floodways.

Location and description of predominant soil types.

Vegetative cover types.

Location and dimensions of stormwater drainage systems, storm sewers inlets and natural drainage patterns on and immediately adjacent to the site.

Locations and dimensions of utilities, structures, roads, highways, paved areas and other improvements on and immediately ajacent to the site.

Site topography at a contour interval not to exceed five (5) feet.

Plan of final site conditions. A plan of final site conditions, to the same scale as the existing site map, showing the site changes.

Site construction plan. A site construction plan including:

Locations and dimensions of all proposed land disturbing activities and temporary soil or dirt stockpiles.

Locations and dimensions of all temporary soil and dirt stockpiles.

Locations, dimensions and descriptions of all construction site management control measures necessary to meet the requirements of this section.

Schedule of anticipated starting and completion dates of each land disturbing or land developing activity including the installation of construction site control measures needed to meet the requirements of this section.

Provisions for maintenance of the construction site control measures during construction.

Estimated cost, including labor, to install control measures.

(b)

Activities Covering Less Than One Acre. The control plan for land disturbing activities covering less than one (1) acre shall consist of:

An erosion control plan statement briefly describing the site and erosion controls that will be used to meet the requirements of the section.

A simple map indicating location(s) of control measures.

A site development schedule stating starting and completion date and installation of site control measures.

(9)

Review of Control Plan. Upon receipt of the application, control plan or control plan statement and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this section are met. The Building Inspector shall approve the plan, inform the applicant and issue a permit. If the application can not be approved, the Building Inspector shall inform the applicant in writing and may either require additional information or disapprove the plan. Within fifteen (15) days of receipt of the additional information, the Building Inspector shall again determine if the plan meets the requirements of this section. If the plan is disapproved, the Building Inspector shall inform the applicant in writing of the reasons for the disapproval.

(10)

Permit, Surety Bond and Permit Conditions.

(a)

Permit. The permit shall be valid for a period of one hundred eighty (180) days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The permit may be modified by the Building Inspector by written notice, if actual site conditions warrant such modification during the permit period. The Building Inspector may extend the permit one or more times for up to an additional one hundred eighty (180) days. The Building Inspector may require additional control measures as a condition of the extension, if they are necessary to meet the requirements of this section.

(b)

Surety Bond. Where the estimated cost to install and maintain a control plan exceeds five thousand dollars ($5,000), the Building Inspector shall require the applicant as a condition of approval and issuance of the permit to deposit a surety bond, irrevocable letter of credit or other form of surety approved by the City Attorney to guarantee good faith execution of the approved control plan and any permit conditions, in an amount equal to one hundred twenty-five percent (125%) of the estimated cost to install and maintain approved control measures.

(c)

Permit Conditions. All permits shall require the owner or owner's agent and/or the land user to:

Notify the Building Inspector within forty-eight (48) hours of commencing any land disturbing or land developing activity.

Install all control measures as identified in the approved control plan.

Notify the Building Inspector of completion of any control measures within fourteen (14) days after their installation.

Obtain permission in writing from the Building Inspector prior to modifying an approved control plan.

Maintain all roads, drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.

Repair any situation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities.

Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.

Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the control plan or for the performing of any work necessary to bring the site into compliance with the control plan.

(11)

Inspection. The Building Inspector shall inspect site development, building construction sites to ensure compliance with the control plan. If land disturbing or land development activities are being carried out without a permit, the Building Inspector shall enter the land pursuant to secs. 66.122 and 66.123 of the Wisconsin Statutes.

(12)

Enforcement.

(a)

Stop-Work Order. The Building Inspector may post a stop-work order if:

Any land disturbing or land developing activity regulated under this section is being undertaken without a permit.

The control plan is not being implemented in a good faith manner.

The conditions of the permit are not being met.

(b)

Prohibited Activity. If the owner and/or land user does not immediately cease any prohibited activity upon notice from the Building Inspector, or comply with any control plan or permit conditions, the Building Inspector may revoke the permit and, if required, may initiate such legal or equitable action as may be necessary to prevent violation of this section.

(c)

Compliance with the provision of this section may also be abated as a nuisance in accordance with Sec. 823.01 of the Wisconsin Statutes.

(13)

Appeals.

(a)

Board of Appeals. The Board of Appeals, pursuant to Sec. 12.15, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector in administering this section, pursuant to Sec. 62.23(7)(e) of the Wisconsin Statutes.

The Board of Appeals may, in appropriate cases, authorize variance from the provisions of this section which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this section will result in an unnecessary hardship.

(b)

Appeals to the Board of Appeals may be taken by any aggrieved person or by any officer. Department, Board or Bureau of the City affected by any decision of the Building Inspector.

(1)	Authority
(2)	Findings and Purpose
(3)	Definitions
(4)	Applicability
(5)	Design Criteria, Standards and Specifications for Control Measures
(6)	Maintenance of Control Measures
(7)	Control of Erosion and Pollutants During Land Disturbance and Land Development
(8)	Permit Application
(9)	Review of Control Plan
(10)	Permits, Surety Bond and Permit Conditions
(11)	Inspection
(12)	Enforcement
(13)	Appeals