3. Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
4.
Trapping of sediment in channelized flow.
5. Staging land disturbing construction activities to limit exposed soil areas subject to erosion.
6. Protection of downslope drainage inlets where they occur.
7. Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
8. Clean up of off-site sediment deposits.
9. Proper disposal of building and waste material.
10. Stabilization of drainage ways.
11. Installation of permanent stabilization practices as soon as possible after final grading.
12. Minimization of dust to the maximum extent practicable.
(f) The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
Note to Users: The erosion and sediment plan requirements of this subsection will meet the erosion control plan requirements of s. NR 216.46, Wis. Adm. Code, when prepared in accordance with good engineering practices and the design criteria, standards, and specifications published by the Wisconsin Department of Natural Resources under subch. V of ch. NR 151, Wis. Adm. Code.
(3) EROSION AND SEDIMENT CONTROL PLAN AMENDMENTS. The applicant shall amend the erosion and sediment control plan if any of the following occurs:
(a)
There is a change in design, construction, operation, or maintenance at the site that has the reasonable potential for the discharge of pollutants to waters of the state and that has not otherwise been addressed in the erosion and sediment control plan.
(b) The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
(c) The [administering authority] notifies the applicant of changes needed in the erosion and sediment control plan.
S. 11* FEE SCHEDULE.
The fees referred to in other sections of this ordinance shall be established by the [administering authority] and may from time to time be modified by resolution. A schedule of the fees established by the [administering authority] shall be available for review in [location].
S. 12* INSPECTION.
If land disturbing construction activities are occurring without a permit required by this ordinance, the [administering authority] may enter the land pursuant to the provisions of ss.
66.0119, Wis. Stats.
S. 13* ENFORCEMENT.
(1) The [administering authority] may post a stop work order if any of the following occurs:
(a) Land disturbing construction activity regulated under this ordinance is occurring without a permit.
(b)
The erosion and sediment control plan is not being implemented in good faith.
(c) The conditions of the permit are not being met.
Note to Users: The [administering authority] should inspect any construction site that holds a permit under this chapter at least once a month between March 1 and October 31, and at least 2 times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan.
(2) If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the [administering authority] may revoke the permit.
(3) If the responsible party, when no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the [administering authority], or if a responsible party violates a stop work order posted under sub. (1), the [administering authority] may request the [district attorney, city attorney, town attorney, village attorney or county corporation counsel] to obtain a cease and desist order in any court with jurisdiction.
(4) The [administering authority, board of appeals, or board of adjustment] may retract the stop work order issued under sub. (1) or the permit revocation under sub. (2).
(5)
After posting a stop work order under sub. (1), the [administering authority] may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The [administering authority] may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the [administering authority], plus interest at the rate authorized by [administrative authority] shall be billed to the responsible party. In the event a responsible party 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 subch.
VII of ch. 66, Wis. Stats.
(6) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than [amount] nor more than [amount] and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
(7) Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
Note to Users: Injunctional orders are authorized pursuant to s. 59.69 (11), 61.35, or 62.23 (8), Wis. Stats., for counties, villages and towns with village powers, and cities respectively.
S. 14* APPEALS.
(1) BOARD OF [APPEALS or ADJUSTMENT]. The board of [appeals or adjustment] created pursuant to section [number] of the [county's, town's, city's or village's] ordinance pursuant to s. [59.694, 60.65, 61.354 (4) (b) or 62.23 (7) (e)], Wis. Stats.:
(a) Shall hear and decide appeals when it is alleged that there is error in any order, decision or determination made by the [administering authority] in administering this ordinance except for cease and desist orders obtained under S. 13* (3);
(b) May authorize, upon appeal, variances from the provisions of this ordinance that are not contrary to the public interest and when owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and
(c) Shall use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals and authorizing variances.
(2) WHO MAY APPEAL. Appeals to the board of [appeals or adjustment] may be taken by any aggrieved person or by any office, department, board, or bureau of the [name of municipality] affected by any decision of the [administering authority].
S. 15* SEVERABILITY.
If a court of competent jurisdiction judges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in force and not be affected by such judgment.
S. 16* EFFECTIVE DATE.
This ordinance shall be in force and effect from and after its adoption and publication. The above and foregoing ordinance was duly adopted by the [governing body] of the [name of municipality] on the [number] day of [month], [year].
Approved: ________________
Attested: __________________
Published on [day, month, and year].
