2016-639 •
ORDINANCE NO. 2016 -639
An ordinance updating Janesville's Erosion Control Ordinance to reflect changes in the NR151
Stormwater Regulations, with penalties and other relief for violations thereof as set forth in JGO
15.05.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 15.05 of the Code of General Ordinances of the City of Janesville is
hereby repealed and recreated to read as follows:
CHAPTER 15.05
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ORDINANCE
Sections:
15.05.010 Authority
15.05.020 Findings of Fact — Purpose
15.05.030 Applicability and Jurisdiction
15.05.040 Definitions
15.05.050 Applicability of Maximum Extent Practicable
15.05.060 Technical Standards
15.05.070 Performance Standards for Construction Sites Under One Acre
15.05.080 Performance Standards for Construction Sites of One Acre or More
15.05.090 Permitting Requirements, Procedures and Fees
15.05.100 Erosion and Sediment Control Plan, Statement and Amendments
15.05.110 Fee Schedule
15.05.120 Inspection
15.05.130 Enforcement
15.05.140 Appeals
15.05.150 Severability
15.05.010 AUTHORITY.
(1) This Chapter is adopted by the Common Council under the authority granted by s.62.234,
Wis. Stats. This Chapter supersedes all provisions of any Chapter or ordinance
previously enacted under s.62.23, Wis. Stats., that relate to construction site erosion
control. Except as otherwise specified in s 62.234, Wis. Stats., s.62.23, Wis. Stats.,
applies to this Chapter and to any amendments to this Chapter.
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(2) The provisions of this Chapter are deemed not to limit any other lawful regulatory powers
of the same governing body.
(3) The Common Council hereby designates the Director of Public Works, hereafter
referred to as the Director, and each and every of his /her designees to administer and
enforce the provisions of this Chapter.
(4) The requirements of this Chapter do not pre -empt more stringent erosion and sediment
control requirements that may be imposed by any of the following:
(a) Wisconsin Department of Natural Resources administrative rules, permits or
approvals, including those authorized under ss. 281.16 and 283.33, Wis. Stats.
(b) Targeted non - agricultural performance standards promulgated in rules by the
Wisconsin Department of Natural Resources under s. NR 151.004, Wis. Adm.
Code.
15.05.020 FINDINGS OF FACT - PURPOSE
The Common Council acknowledges that runoff from land disturbing construction activity carries
a significant amount of sediment and other pollutants to the waters of the state and in the City of
Janesville.
It is the purpose of this Chapter to maintain safe and healthful conditions; prevent and control
water pollution; prevent and control soil erosion and sediment discharge; protect spawning
grounds, fish and aquatic life; control building sites, placement of structures and land uses;
preserve ground cover and scenic beauty; and promote sound economic growth by minimizing
the amount of sediment and other pollutants carried by runoff or discharged from land
disturbing construction activity to waters of the state in the City of Janesville.
15.05.030 APPLICABILITY AND JURISDICTION.
(1) APPLICABILITY.
(a) Except as provided under par. (b), this Chapter applies to any construction
site as defined under 15.05.040 (6).
(b) This Chapter does not apply to the following:
1. Transportation facilities, except transportation facility construction projects
that are part of a larger common plan of development such as local roads
within a residential or industrial development.
2. A construction project that is exempted by federal statutes or regulations
from the requirement to have a national pollutant discharge elimination
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system permit issued under chapter 40, Code of Federal Regulations,
part 122, for land disturbing construction activity.
3. Nonpoint discharges from agricultural facilities and practices.
4. Nonpoint discharges from silviculture activities.
5. Routine maintenance for project sites that have less than 5 acres
of land disturbance if performed to maintain the original line and
grade, hydraulic capacity or original purpose of the facility.
(c) Notwithstanding the applicability requirements in par. (a), this Chapter applies to
construction sites of any size that, as determined by the Director, are likely to
result in runoff that exceeds the safe capacity of the existing drainage facilities or
receiving body of water, that causes undue channel erosion, or that increases
water pollution by scouring or transporting of particulate.
(2) JURISDICTION.
This Chapter applies to land disturbing construction activity on lands within the
boundaries and jurisdiction of the City of Janesville.
(3) EXCLUSIONS.
This Chapter is not applicable to activities conducted by a state agency, as defined under
s. 227.01 (1), Wis. Stats.
15.05.040 DEFINITIONS.
(1) "Administering authority" means a governmental employee, or a regional planning
commission empowered under s. 62.234, Wis. Stats., that is designated by the
Common Council to administer this Chapter.
(2) "Agricultural facilities and practices" has the meaning in s. 281.16 (1), Wis. Stats.
(3) "Best management practice" or "BMP" means structural or non - structural measures,
practices, techniques or devices employed to avoid or minimize soil, sediment or
pollutants carried in runoff to waters of the state.
(4) "Business day" means a day the office of the Director of Public Works is routinely and
customarily open for business.
(5) "Cease and desist order" means a court- issued order to halt land disturbing
construction activity that is being conducted without the required permit or in violation
of a permit issued by the Director of Public Works.
(6) "Construction site" means an area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common plan of development or
sale where multiple separate and distinct land disturbing construction activities may be
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taking place at different times on different schedules but under one plan. A long -range
planning document that describes separate construction projects, such as a 20 -year
transportation improvement plan, is not a common plan of development.
(7) "Design Storm" means a hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency and total depth of
rainfall.
(8) "Erosion" means the process by which the land's surface is worn away by the action
of wind, water, ice or gravity.
(9) "Erosion and sediment control plan" means a comprehensive plan developed to
address pollution caused by erosion and sedimentation of soil particles or rock
fragments during construction.
(10) "Final stabilization" means that all land disturbing construction activities at the
construction site have been completed and that a uniform perennial vegetative cover
has been established with a density of at least 70 percent of the cover for the
unpaved areas and areas not covered by permanent structures or that employ
equivalent permanent stabilization measures.
(11) "Governing body" means Common Council of the City of Janesville.
(12) "Land disturbing construction activity" means any man -made alteration of the land
surface resulting in a change in the topography or existing vegetative or non - vegetative
soil cover, that may result in runoff and lead to an increase in soil erosion and
movement of sediment into waters of the state. Land disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and
grading activities.
(13) "Landowner" means any person holding fee title, an easement or other interest in
property, which allows the person to undertake cropping, livestock management, land
disturbing construction activity or maintenance of storm water BMPs on the property.
(14) "Maximum extent practicable" means the highest level of performance that is achievable
but is not equivalent to a performance standard identified in this Chapter as determined
in accordance with 15.05.050 of this Chapter.
(15) "Performance standard" means a narrative or measurable number specifying the
minimum acceptable outcome for a facility or practice.
(16) "Permit" means a written authorization made by the Director of Public Works to the
applicant to conduct land disturbing construction activity or to discharge post -
construction runoff to waters of the state.
(17) "Pollutant" has the meaning given in s. 283.01 (13), Wis. Stats.
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(18) "Pollution" has the meaning given in s. 281.01 (10), Wis. Stats.
(19) "Responsible party" means the landowner or any other entity performing services to
meet the requirements of this Chapter through a contract or other agreement.
(20) "Runoff' means storm water or precipitation including rain, snow or ice melt or similar
water that moves on the land surface via sheet or channelized flow.
(21) "Sediment" means settleable solid material that is transported by runoff, suspended
within runoff or deposited by runoff away from its original location.
(22) "Silviculture activity" means activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and pest and fire control.
Clearing and grubbing of an area of a construction site is not a silviculture activity.
(23) "Site" means the entire area included in the legal description of the land on which
the land disturbing construction activity is proposed in the permit application.
(24) "Stop work order" means an order issued by the Director of Public Works which
requires that all construction activity on the site be stopped.
(25) "Technical standard" means a document that specifies design, predicted
performance and operation and maintenance specifications for a material, device
or method.
(26) "Transportation facility" means a highway, a railroad, a public mass transit facility, a
public -use airport, a public trail or any other public work for transportation purposes
such as harbor improvements under s. 85.095 (1)(b), Wis. Stats. "Transportation facility"
does not include building sites for the construction of public buildings and buildings that
are places of employment that are regulated by the Department pursuant to s. 281.33,
Wis. Stats.
(27) "Waters of the state" includes those portions of Lake Michigan and Lake Superior
within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds,
wells, impounding reservoirs, marshes, watercourses, drainage systems and other
surface water or groundwater, natural or artificial, public or private, within this state or
its jurisdiction.
15.05.050 APPLICABILITY OF MAXIMUM EXTENT PRACTICABLE.
Maximum extent practicable applies when a person who is subject to a performance standard of
this Chapter demonstrates to the Director's satisfaction that a performance standard is not
achievable and that a lower level of performance is appropriate. In making the assertion that a
performance standard is not achievable and that a level of performance different from the
performance standard is the maximum extent practicable, the responsible party shall take into
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account the best available technology, cost effectiveness, geographic features, and other
competing interests such as protection of public safety and welfare, protection of endangered
and threatened resources, and preservation of historic properties.
15.05.060 TECHNICAL STANDARDS.
All BMPs required for compliance with this Chapter shall meet design criteria, standards and
specifications based on any of the following:
(1) Design guidance and technical standards identified or developed by the Wisconsin
Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm.
Code.
(2) Soil loss prediction tools (such as the Universal Soil Loss Equation (USLE)) when using
an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate
design storm and precipitation distribution, and when considering the geographic
location of the site and the period of disturbance.
(3) Technical standards and methods approved by the Director.
15.05.070 PERFORMANCE STANDARDS FOR CONSTRUCTION SITES UNDER ONE
ACRE.
(1) RESPONSIBLE PARTY. The responsible party shall comply with this section.
(2) EROSION AND SEDIMENT CONTROL PRACTICES. Erosion and sediment control
practices at each site where land disturbing construction activity is to occur shall be used
to prevent or reduce all of the following:
(a) The deposition of soil from being tracked onto streets by vehicles.
(b) The discharge of sediment from disturbed areas into on -site storm water inlets.
(c) The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) The discharge of sediment from drainage ways that flow off the site.
(e) The discharge of sediment by dewatering activities.
(f) The discharge of sediment eroding from soil stockpiles existing for more than 7
days.
(g) The transport by runoff into waters of the state of chemicals, cement, and other
building compounds and materials on the construction site during the
construction period.
However, projects that require the placement of these materials in waters of the
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state, such as constructing bridge footings or BMP installations, are not
prohibited by this subdivision.
(3) LOCATION. The BMPs shall be located so that treatment occurs before runoff enters
waters of the state.
(4) IMPLEMENTATION. The BMPs used to comply with this section shall be
implemented as follows:
(a) Erosion and sediment control practices shall be constructed or installed
before land disturbing construction activities begin.
(b) Erosion and sediment control practices shall be maintained until final stabilization.
(c) Final stabilization activity shall commence when land disturbing activities cease
and final grade has been reached on any portion of the site.
(d) Temporary stabilization activity shall commence when land disturbing
activities have temporarily ceased and will not resume for a period exceeding
14 calendar days.
(e) BMPs that are no longer necessary for erosion and sediment control shall be
removed by the responsible party.
(5) INSPECTION AND MAINTENANCE RECORDS. The responsible party shall inspect
and maintain records as follows:
(a) Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which
results in runoff during active construction periods, and at least once each
week and document these inspections in a log that also includes the date of
inspection, the name of the person conducting the inspection, and a
description of the present phase of the construction at the site.
(b) Provide written notification to the Director of any failures in existing BMP's
allowing sediment transport of site, make needed repairs, and install additional
BMPs as necessary.
15.05.080 PERFORMANCE STANDARDS FOR CONSTRUCTION SITES OF ONE ACRE OR
MORE.
(1) RESPONSIBLE PARTY. The responsible party shall comply with this section and
implement the erosion and sediment control plan developed in accordance with
15.05.100.
(2) EROSION AND SEDIMENT CONTROL PLAN. A written site - specific erosion and
sediment control plan shall be developed in accordance with 15.05.100 of this Chapter
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and implemented for each construction site.
(3) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The erosion and
sediment control plan required under sub. (2) shall include the following:
(a) EROSION AND SEDIMENT CONTROL PRACTICES. Erosion and sediment
control practices at each site where land disturbing construction activity is to
occur shall be used to prevent or reduce all of the following:
1. The deposition of soil from being tracked onto streets by vehicles.
2. The discharge of sediment from disturbed areas into on -site storm water inlets.
3. The discharge of sediment from disturbed areas into adjacent waters of the
state.
4. The discharge of sediment from drainage ways that flow off the site.
5. The discharge of sediment by dewatering activities.
6. The discharge of sediment eroding from soil stockpiles existing for more
than 7 days.
7. The discharge of sediment from erosive flows at outlets and in
downstream channels.
8. The transport by runoff into waters of the state of chemicals, cement, and
other building compounds and materials on the construction site during the
construction period. However, projects that require the placement of these
materials in waters of the state, such as constructing bridge footings or
BMP installations, are not prohibited by this subdivision.
9. The transport by runoff into waters of the state of untreated wash water
from vehicle and wheel washing.
(b) SEDIMENT PERFORMANCE STANDARDS. In addition to the erosion and sediment
control practices under par. (a), the following erosion and sediment control practices
shall be employed:
1. BMPs that, by design, discharge no more than 5 tons per acre per year, or to
the maximum extent practicable, of the sediment load carried in runoff from
initial grading to final stabilization.
2. No person shall be required to employ more BMPs than are needed to meet a
performance standard in order to comply with maximum extent practicable.
Erosion and sediment control BMPs may be combined to meet the
requirements of this paragraph. Credit may be given toward meeting the
sediment performance standard of this paragraph for limiting the duration or
area, or both, of land disturbing construction activity, or for other appropriate
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mechanisms.
3. Notwithstanding subd. 1., if BMPs cannot be designed and implemented to
meet the sediment performance standard, the erosion and sediment control
plan shall include a written, site - specific explanation of why the sediment
performance standard cannot be met and how the sediment load will be
reduced to the maximum extent practicable.
(c) PREVENTIVE MEASURES. The erosion and sediment control plan shall
incorporate all of the following:
1. Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
2. Minimization of soil compaction and preservation of topsoil.
3. Minimization of and disturbing construction activity on slopes of 20 percent
or more.
4. Development of spill prevention and response procedures.
(d) LOCATION. The BMPs used to comply with this section shall be located
so that treatment occurs before runoff enters waters of the state.
(4) IMPLEMENTATION. The BMPs used to comply with this section shall be
implemented as follows:
(a) Erosion and sediment control practices shall be constructed or installed
before land disturbing construction activities begin in accordance with the
erosion and sediment control plan developed in 15.05.080 (2).
(b) Erosion and sediment control practices shall be maintained until final stabilization.
(c) Final stabilization activity shall commence when land disturbing activities cease
and final grade has been reached on any portion of the site.
(d) Temporary stabilization activity shall commence when land disturbing
activities have temporarily ceased and will not resume for a period exceeding
14 calendar days.
(e) BMPs that are no longer necessary for erosion and sediment control shall be
removed by the responsible party.
15.05.090 PERMITTING REQUIREMENTS, PROCEDURES AND FEES.
(1) PERMIT REQUIRED. No responsible party may commence a land disturbing
construction activity subject to this Chapter without receiving prior approval of an
erosion and sediment control plan for the site and a permit from the Director.
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(2) PERMIT APPLICATION AND FEES. The responsible party that will undertake a land
disturbing construction activity subject to this Chapter shall submit an application for a
permit and an erosion and sediment control plan that meets the requirements of
15.05.100, and shall pay an application fee to the Director in accordance with the adopted
erosion control and stormwater management fee schedule. By submitting an application,
the applicant is authorizing the Director to enter the site to obtain information required
for the review of the erosion and sediment control plan.
(3) PERMIT APPLICATION REVIEW AND APPROVAL. The Director shall review any
permit application that is submitted with an erosion and sediment control plan, and the
required fee. The following approval procedure shall be used:
(a) Within fifteen (15) business days of the receipt of a complete permit application, as
required by sub. (2), the Director shall inform the applicant whether the application
and erosion and sediment control plan are approved or disapproved based on the
requirements of this Chapter.
(b) If the permit application and erosion and sediment control plan are
approved, the Director shall issue the permit.
(c) If the permit application or erosion and sediment control plan is
disapproved, the Director shall state in writing the reasons for disapproval.
(d) The Director may request additional information from the applicant. If additional
information is submitted, the Director shall have fifteen (15) business days from
the date the additional information is received to inform the applicant that the
erosion and sediment control plan is either approved or disapproved.
(e) Failure by the Director to inform the permit applicant of a decision within fifteen
(15) business days of a required submittal shall be deemed to mean approval of
the submittal and the applicant may proceed as if a permit had been issued.
(4) SURETY BOND. As a condition of approval and issuance of the permit, the Director
may require the applicant to deposit a surety bond or irrevocable letter of credit to
guarantee a good faith execution of the approved erosion and sediment control plan
and any permit conditions.
(5) PERMIT REQUIREMENTS. All permits shall require the responsible party to:
(a) Notify the within 48 hours of commencing any land disturbing construction
activity.
(b) Notify the Director of completion of any BMPs within five (5) days after their
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installation.
(c) Obtain permission in writing from the Director prior to any modification
pursuant to 15.05.100 of the erosion and sediment control plan.
(d) Install all BMPs as identified in the approved erosion and sediment control plan.
(e) Maintain all road drainage systems, storm water drainage systems, BMPs
and other facilities identified in the erosion and sediment control plan.
(f) Repair any siltation or erosion damage to adjoining surfaces and drainage ways
resulting from land disturbing construction activities and document repairs in a
site inspection log.
(g) Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which
results in runoff during active construction periods, and at least once each
week. Make needed repairs and install additional BMPs as necessary, and
document these activities in an inspection log that also includes the date of
inspection, the name of the person conducting the inspection, and a
description of the present phase of the construction at the site.
(h) Allow the Director to enter the site for the purpose of inspecting compliance
with the erosion and sediment control plan or for performing any work
necessary to bring the site into compliance with the erosion and sediment
control plan. Keep a copy of the erosion and sediment control plan at the
construction site.
(6) PERMIT CONDITIONS. Permits issued under this section may include conditions
established by the Director in addition to the requirements set forth in sub. (5), where
needed to assure compliance with the performance standards in 15.05.070 or 15.05.080.
(7) PERMIT DURATION. Permits issued under this section shall be valid for a period of one
(1) year, or the length of the building permit or other construction authorizations,
whichever is longer, from the date of issuance. The Director may grant one or more
extensions not to exceed 180 days cumulatively. The Director may require additional
BMPs as a condition of an extension if they are necessary to meet the requirements of
this Chapter.
(8) MAINTENANCE. The responsible party throughout the duration of the construction
activities shall maintain all BMPs necessary to meet the requirements of this Chapter
until the site has undergone final stabilization.
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15.05.100 EROSION AND SEDIMENT CONTROL PLAN, STATEMENT AND AMENDMENTS.
(1) EROSION AND SEDIMENT CONTROL PLAN STATEMENT. For each construction site
identified under 15.05.030 (1)(c), an erosion and sediment control plan statement shall
be prepared. This statement shall be submitted to the Director. The erosion and
sediment control plan statement shall briefly describe the site, the development
schedule, and the BMPs that will be used to meet the requirements of the Chapter. A
site map shall also accompany the erosion and sediment control plan statement.
(2) EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS.
(a) An erosion and sediment control plan shall be prepared and submitted to
the Director.
(b) The erosion and sediment control plan shall be designed to meet the
performance standards in 15.05.070, 15.05.080 and other requirements of this
Chapter.
(c) The erosion and sediment control plan shall address pollution caused by soil erosion
and sedimentation during construction and up to final stabilization of the site. The
erosion and sediment control plan shall include, at a minimum, the following items:
1. Name(s) and address(es) of the owner or developer of the site, and of any
consulting firm retained by the applicant, together with the name of the
applicant's principal contact at such firm. The application shall also include
start and end dates for construction.
2. Description of the construction site and the nature of the land disturbing
construction activity, including representation of the limits of land disturbance
on a United States Geological Service 7.5 minute series topographic map.
3. Description of the intended sequence of major and disturbing construction
activities for major portions of the construction site, including stripping and
clearing; rough grading; construction of utilities, infrastructure, and buildings;
and final grading and landscaping. Sequencing shall identify the expected
date on which clearing will begin, the estimated duration of exposure of
cleared areas, areas of clearing, installation of temporary erosion and
sediment control measures, and establishment of permanent vegetation.
4. Estimates of the total area of the construction site and the total area of the
construction site that is expected to be disturbed by land disturbing
construction activities.
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5. Calculations to show the compliance with the performance standard in
15.05.080(3)(b)1.
6. Existing data describing the surface soil as well as subsoils.
7. Depth to groundwater, as indicated by Natural Resources Conservation
Service soil information where available.
8. Name of the immediate named receiving water from the United States
Geological Service 7.5 minute series topographic maps.
(d) The erosion and sediment control plan shall include a site map. The site map shall
include the following items and shall be at a scale not greater than 100 feet per inch
and at a contour interval not to exceed two (2) feet.
1. Existing topography, vegetative cover, natural and engineered drainage
systems, roads and surface waters. Lakes, streams, wetlands, channels,
ditches and other watercourses on and immediately adjacent to the site shall
be shown. Any identified 100 -year flood plains, flood fringes and floodways
shall also be shown.
2. Boundaries of the construction site.
3. Drainage patterns and approximate slopes anticipated after major
grading activities.
4. Areas of soil disturbance.
5. Location of major structural and non - structural controls identified in the
erosion and sediment control plan.
6. Location of areas where stabilization BMPs will be employed.
7. Areas which will be vegetated following land disturbing construction activities.
8. Area(s) and location(s) of wetland on the construction site, and locations
where storm water is discharged to a surface water or wetland within one -
quarter mile downstream of the construction site.
9. Areas(s) used for infiltration of post- construction storm water runoff.
10. An alphanumeric or equivalent grid overlying the entire construction site map.
(e) Each erosion and sediment control plan shall include a description of appropriate
control BMPs that will be installed and maintained at the construction site to prevent
pollutants from reaching waters of the state. The erosion and sediment control plan
shall clearly describe the appropriate erosion and sediment control BMPs for each
major land disturbing construction activity and the timing during the period of land
disturbing construction activity that the erosion and sediment control BMPs will be
implemented. The description of erosion and sediment control BMPs shall include,
when appropriate, the following minimum requirements:
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1. Description of interim and permanent stabilization practices, including a BMP
implementation schedule. The erosion and sediment control plan shall ensure
that existing vegetation is preserved where attainable and that disturbed
portions of the site are stabilized.
2. Description of structural practices to divert flow away from exposed soils,
store flows or otherwise limit runoff and the discharge of pollutants from the
site. Unless otherwise specifically approved in writing by the Director,
structural measures shall be installed on upland soils.
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.
(3) EROSION AND SEDIMENT CONTROL PLAN AMENDMENTS. The applicant shall
amend the erosion and sediment control plan if any of the following occur:
(a) There is a change in design, construction, operation or maintenance at the site
which has the reasonable potential for the discharge of pollutants to waters of the
state and which 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.
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(c) The Director notifies the applicant of changes needed in the erosion and
sediment control plan.
15.05.110 FEE SCHEDULE.
The fees referred to in other sections of this Chapter shall be established by the City Manager
and may from time to time be modified at any time, and the Common Council shall be advised of
these rates. A schedule of the fees established by the City Manager shall be available for review
in the Director's Office.
15.05.120 INSPECTION.
If land disturbing construction activities are occurring without a permit required by this Chapter,
the Director may enter the land pursuant to the provisions of ss. 66.0119 (1), (2), and (3), Wis.
Stats.
15.05.130 ENFORCEMENT.
(1) The Director may post a stop work order if any of the following occurs:
(a) Land disturbing construction activity regulated under this Chapter 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.
(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 Director may revoke the permit.
(3) If the responsible party, where no permit has been issued or the permit has been
revoked, does not cease the activity after being notified by the Director, or if a
responsible party violates a stop work order posted under sub. (1), the Director may
request the City Attorney to obtain a cease and desist order in any court with
jurisdiction.
(4) The Director, or Board of Appeals, 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 Director may issue a notice of intent to
the responsible party of its intent to perform work necessary to comply with this Chapter.
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The Director may go on the land and commence the work after issuing the notice of
intent. The costs of the work performed under this subsection under the direction of the
Director, plus interest at the rate authorized by City Clerk- Treasurer 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 Chapter shall be subject to the relief,
enforcement, and penalties set forth in Chapter 15.80 of the Code of General Ordinances
of the City of Janesville, as from time to time amended, revised, or renumbered. Each day
a violation exists shall constitute a separate offense. Also incorporated herein as if fully set
forth verbatim as additional relief are the provisions set forth in s. 62.23(8) Wis. Stats.
62.23(8), as from time to time amended, revised, or renumbered.
(7) Compliance with the provisions of this Chapter 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.
15.05.140 APPEALS.
(1) BOARD OF APPEALS. The City Plan Commission shall serve as the Board of Appeals.
The Board of Appeals:
(a) Shall hear and decide appeals where it is alleged that there is error in any order,
decision or determination made by the Director in administering this Chapter
except for cease and desist orders obtained under 15.05.130 (3).
(b) May authorize, upon appeal, variances from the provisions of this Chapter
which are not contrary to the public interest and where owing to special
conditions a literal enforcement of the provisions of the Chapter 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 may be taken by any
aggrieved person or by any office, department, or board of the City of Janesville
affected by any decision of the Director.
15.05.150 SEVERABILITY.
If a court of competent jurisdiction judges any section, clause, provision or portion of this
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Chapter unconstitutional or invalid, the remainder of the Chapter shall remain in force and not
be affected by such judgment.
ADOPTED: May 23, 2016 Motion by: Gruber
Second by: Williams
APPROVED: Councilmember Aye Nay Pass Absent
Grub up er Deree X
Gruber X
Mar . reitag, City Manager Jorgensen X
Liebert X
ATTE • �V Marklein X
_ Tidwell X
Williams X
_vid Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
Cam' L-J
Tim Wellnitz, Assistant City Attorney
Proposed by: Engineering
Prepared by: Engineering
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