2004-228
ORDINANCE NO. 2004 - 228
An ordinance creating Chapter 15.05 of the Code of General Ordinances of the City of Janesville
controlling construction site erosion resulting from land disturbing construction activities, with
penalties, injunctions and other relief for violations thereof as set forth in JGO Chapter 15.80.
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 created to read as follows:
SECTIONS:
15.05.010
15.05.020
15.05.030
15.05.040
15.05.050
15.05.060
15.05.070
15.05.080
15.05.090
15.05.100
15.05.110
15.05.120
"CHAPTER 15.05
CONSTRUCTION SITE EROSION CONTROL
ORDINANCE
Authority
Findings - Intent - Purposes
Applicability - Jurisdiction
Definitions
Technical standards
Performance standards
Permitting requirements - Procedures - Fees.
Erosion and sediment control plan - Statement - Amendments
Fee schedule
Inspection - Enforcement - Penalties
Appeals
Severability
15.05.010 Authority. A. This Chapter is adopted under the authority granted by
Wis. Stat. § 62.234. This Chapter supersedes all provisions of any Chapter or ordinance
previously enacted under Wis. Stats. § 62.23 (2001-2002) that relate to construction site erosion
control. Except as otherwise specified in Wis. Stats. § 62.234 (2001-2002), Wis. Stats. § 62.23
(2001-2002) applies to this Chapter and to any amendments to this Chapter. All of these statutes
are as from time to time amended, revised or renumbered.
B. The provisions set forth in this Chapter are deemed not to limit any other lawful
regulatory powers of the same governing body or the City in any manner.
C. The Common Council hereby designate the City Engineer, Planning Director, Code
Administration Director, Building Inspector, and each and every of his /her/their joint and several
designees to administer and enforce the provisions of this Chapter. In the event of any conflict,
the determination or interpretation of the City Engineer shall govern.
D. 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:
1. Wisconsin Department of Natural Resources administrative rules, permits or
approvals including those authorized under Wis. Stat. §§ 281.16 and 283.33 (2001-2002), as
from time to time amended, revised or renumbered; and/or
2. Targeted non-agricultural performance standards promulgated in rules by the
Wisconsin Department of Natural Resources under Wis. Admin. Code § NR 151.004, as from
time to time amended, revised or renumbered
15.05.020 Findings - Intent - Purposes. A. The intent of this Chapter is to
require use of best management practices to reduce the amount of sediment and other pollutants
resulting from land disturbing construction activities on sites that are not otherwise regulated by
the Wisconsin Department of Commerce in Wis. Admin. Code § COMM 21.125, as from time
to time amended, revised or renumbered. Use of this Chapter will foster consistent, statewide
application of the construction site performance standards for new development and
redevelopment contained in sub chapters III and IV of Wis. Admin. Code ch. NR 151, as from
time to time amended, revised or renumbered.
B. The Common Council find that runoff from land disturbing construction activity carries a
significant amount of sediment and other pollutants to the waters of the state in the City of
J anesville.
C. It is the purpose of this Chapter to further the maintenance of safe and healthful
conditions; prevent and control water pollution; prevent and control soil erosion; 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 J anesville.
15.05.030 Applicability - Jurisdiction. A. This Chapter applies to land-
disturbing construction activities on construction sites within the boundaries and jurisdiction of
the City of Janesville which have one (1) or more acres ofland disturbing construction activity,
except as provided under below Subsection C.
B. Land disturbing activity regulated under Wis. Admin. Code § COMM 21.125, as from
time to time amended, revised or renumbered, shall be regulated according to the standards
contained therein with enforcement by the above designated City officials.
C. This Chapter does not apply to the following:
1. A construction project that is exempted by federal statutes or regulations from the
requirement to have a national pollutant discharge elimination system permit issued under
chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.
2. Nonpoint discharges from agricultural facilities and practices.
3. Nonpoint discharges from silviculture activities.
4. Routine maintenance for project sites under five (5) acres ofland disturbance if
performed to maintain the original line and grade, hydraulic capacity or original purpose of the
facility.
D. Notwithstanding the applicability of the requirements in this section, this Chapter applies
to construction sites of any size that, in the opinion of the City Engineer, 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, that increases water pollution by scouring, that
increases water pollution through the transportation of particulate matter, or that endangers
property or public safety.
E. EXCLUSIONS. This Chapter is not applicable to activities conducted by a state
agency, as defined Wis. Stats. § 227.01(1) (2001-2002), as from time to time amended, revised
or renumbered, but also including the office of the district attorney, which is subject to the state
plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2)
(2001-2002), as from time to time amended, revised or renumbered.
15.05.040
Definitions.
"Administering authority" means a governmental employee designated by the Common Council
to administer this Chapter.
"Agricultural facilities and practices" has the meaning in Wis. Stats. § 281.16(1) (2001-2002) of
the Wisconsin Statutes, as from time to time amended, revised or renumbered.
"Average annual rainfall" means a calendar year of precipitation, excluding snow, which is
considered typical.
"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.
"Business day" means a day the office of the City Engineer is routinely and customarily open for
business.
"Cease and desist order" means a court-issued order to halt land disturbing construction activity
that is being conducted without the required permit.
"City Engineer" means the official of the City designated as "City Engineer" under Wisconsin
law and local practices and shall include his/her designee(s).
"Class I Sites" means construction sites with five (5) or more acres ofland-disturbing
construction activity.
"Class II Sites" means construction sites with less than five (5) acres of land-disturbing
construction activity.
"Common Council" means the governing body of the City of Janesville.
"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 taking place at
different times on different schedules but under one plan.
"Erosion" means the process by which the land's surface is worn away by the action of wind,
water, ice or gravity.
"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.
"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 seventy percent (70%) of the cover, for the unpaved areas and areas not
covered by permanent structures, or that employ equivalent permanent stabilization measures.
"Governing body" means the Common Council of the City of Janesville.
"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.
"MEP" or "maximum extent practicable" means a level of implementing best management
practices in order to achieve a performance standard specified in this Chapter which takes into
account the best available technology, cost effectiveness and other competing issues such as
human safety and welfare, endangered and threatened resources, historic properties and
geographic features. MEP allows flexibility in the way to meet the performance standards and
may vary based on the performance standard and site conditions.
"Performance standard" means a narrative or measurable number specifying the minimum
acceptable outcome for a facility or practice.
"Permit" means a written authorization made by the City Engineer to the applicant to conduct
land disturbing construction activity or to discharge post-construction runoff to waters ofthe
state.
"Permit administration fee" means a sum of money paid to the City Engineer by the permit
applicant for the purpose of recouping the expenses incurred by the authority in administering
the permit.
"Pollutant" has the meaning given in Wis. Stats. § 283.01(13) (2001-2002), as from time to time
amended, revised or renumbered.
"Pollution" has the meaning given in Wis. Stats. § 281.01(10) (2001-2002), as from time to time
amended, revised or renumbered.
"Responsible party" means any entity holding fee title to the property or performing services to
meet the performance standards of this Chapter through a contract or other agreement.
"Runoff' means stormwater or precipitation including rain, snow or ice melt or similar water that
moves on the land surface via sheet or channelized flow.
"Sediment" means settleable solid material that is transported by runoff, suspended within runoff
or deposited by runoff away from its original location.
"Separate storm sewer" means a conveyance or system of conveyances including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, constructed or engineered
channels or storm drains, which meets all of the following criteria:
1. Is designed or used for collecting water or conveying runoff.
2. Is not part of a combined sewer system.
3. Is not draining to a storm water treatment device or system.
4. Discharges directly or indirectly to waters of the state.
"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.
"Stop-work order" means an order issued by the City Engineer which requires that all
construction activity on the site be stopped.
"Technical standard" means a document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or method.
"Waters of the state" has the meaning given in Wis. Stats. § 281.01(18) (2001-2002), as from
time to time amended, revised or renumbered.
15.05.050
Technical Standards.
A. DESIGN CRITERIA, STANDARDS AND SPECIFICATIONS. All BMPs
required to comply with this Chapter shall meet the design criteria, standards and specifications
based on any of the following:
1. Applicable design criteria, standards and specifications identified in the Wisconsin
Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 1993
Revision, as from time to time amended, revised or renumbered.
2. Applicable design criteria, standards and specifications identified in the Janesville
Erosion Control and Storm water Site Design Manual.
3. Other design guidance and technical standards identified or developed by the
Wisconsin Department of Natural Resources under subchapter V of Wis. Admin. Code ch. NR
151, as from time to time amended, revised or renumbered.
4. For this Chapter, average annual basis is calculated using the appropriate annual
rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a
type II distribution, with consideration given to the geographic location of the site and the period
of disturbance.
5. OTHER STANDARDS. Other technical standards not identified or developed in
this subsection may be used provided that the methods have been prior approved by the City
Engineer.
15.05.060
Performance Standards.
A. RESPONSIBLE PARTY. The responsible party shall implement an erosion and
sediment control plan, developed in accordance with this Chapter that incorporates the
requirements of this subsection.
B. PLAN. A written plan shall be developed in accordance with this chapter and
implemented for each construction site.
C. EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The plan
required under Subsection B. shall include the following:
1. BMPs that, by design, achieve to the maximum extent practicable, a reduction of
not less than eighty percent (80%) of the sediment load carried in runoff, on an average annual
basis, as compared with no sediment or erosion controls until the construction site has undergone
final stabilization. No person shall be required to exceed, but may exceed, an eighty percent
(80%) sediment reduction to meet the requirements of this subsection. Erosion and sediment
control BMPs may be used alone or in combination to meet the requirements of this subsection.
Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or
both, of land disturbing construction activity, or other appropriate mechanism.
2. Notwithstanding Subsection C. 1., ifBMPs cannot be designed and implemented
to reduce the sediment load by at least eighty percent (80%), on an average annual basis, the plan
shall include a written and site-specific explanation as to why the eighty percent (80%) reduction
goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
D. Where appropriate, the plan shall include sediment controls to do all of the following to
the maximum extent practicable:
1. Prevent tracking of sediment from the construction site onto roads and other
paved surfaces.
2. Prevent the discharge of sediment as part of site de-watering.
3. Protect the separate storm drain inlet structure from receiving sediment.
4. The use, storage and disposal of chemicals, cement and other compounds and
materials used on the construction site shall be managed during the construction period, to
prevent their entrance into waters of the state. Projects, however, 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 subsection.
E. LOCATION. The BMPs used to comply with this section shall be located prior to
leaving the construction site or prior to runoff entering waters of the state.
F. ALTERNATE REQUIREMENTS. The City Engineer may establish erosion control
requirements more stringent than those set forth in this section if the City Engineer determines
that an added level of protection is needed for sensitive resources.
15.05.070
Permitting requirements - Procedures - Fees.
A. PERMIT REQUIRED. No responsible party or any other person 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 City Engineer. Any work
done without a permit issued under this Chapter shall be unlawful, shall cease immediately and
shall be subject to enforcement, prosecution, double permit fees and other relief and penalties as
set forth in this Chapter.
B. PERMIT APPLICATION AND FEES. At least one responsible party desiring to
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
this Chapter and shall pay an application fee to the City Engineer and/or City Clerk-Treasurer in
accordance with the adopted erosion control and stormwater management fee schedule. By
submitting an application, the applicant is authorizing the City Engineer to enter upon the site at
any time to obtain information required for the review and/or enforcement of the erosion and
sediment control plan.
C. REVIEW AND APPROVAL OF PERMIT APPLICATION. The City Engineer
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:
1. Within fifteen (15) business days of the receipt ofa complete permit application
and plan, and payment of the required fee, as required by this Chapter, the City Engineer shall
inform the applicant whether the application and plan are approved or disapproved based on the
requirements of this Chapter.
2.
permit.
If the permit application and plan are approved, the City Engineer shall issue the
3. If the permit application or plan is disapproved, the City Engineer shall state in
writing the reasons for disapproval.
4. The City Engineer may request additional information from the applicant. If
additional information is submitted, the City Engineer or his designee shall have fifteen (15)
business days from the date the additional information is received to inform the applicant that the
plan is either approved or disapproved.
5. Failure by the City Engineer to inform the permit applicant of a decision within
fifteen (15) business days of a required submittal shall be deemed an approval of the submittal
and the applicant may proceed as if a permit had been issued.
D. PERMIT REQUIREMENTS. All permits shall require the responsible party to:
1. Notify the City Engineer within forty-eight (48) hours of commencing any land
disturbing construction activity.
2. Notify the City Engineer of completion of any BMPs within fourteen (14) days
after their installation.
3. Obtain permission in writing from the City Engineer prior to any modification of
any of the requirements of this Chapter for the erosion and sediment control plan.
4. Install all BMPs as identified in the approved erosion and sediment control plan.
5. Maintain all road drainage systems, stormwater drainage systems, BMPs and
other facilities identified in the erosion and sediment control plan.
6. Repair any siltation or erosion damage to adjoining surfaces and drainage ways
resulting from land disturbing construction activities and document repairs in a site erosion
control log.
7. Inspect the BMPs within twenty four (24) hours after each rain of 0.5 inches
(112") or more which results in runoff during active construction periods, and at least once each
week, make needed repairs and document the findings of the inspections in a site erosion control
log with 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.
8. Allow the City Engineer and his designees 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 control plan.
9. Keep a copy of the erosion and sediment control plan and an erosion control
inspection log at the construction site at all times. City officials have a right and the
applicant/permittee must provide immediate access to and inspection of the permit and log upon
any request from a City official.
E. PERMIT CONDITIONS. Permits issued under this section may include conditions
established by the City Engineer in addition to the requirements set forth in this Chapter where,
in the sole discretion ofthe City Engineer and/or his/her designee(s), such additional conditions
and/or requirements are determined necessary and/or beneficial to assure compliance with the
performance standards and/or intent and goals ofthis Chapter.
F. PERMIT DURATION. Permits issued under this section shall be valid for a period of
one year from the date of issuance. The City Engineer and/or his/her designee(s) may extend the
period one or more times for up to an additional one hundred eighty (180) days total past the
original one (1) year initial term. The party requesting the permit extension shall pay a permit
extension fee in accordance with the adopted erosion control and stormwater management fee
schedule as from time to time promulgated by the City and/or its designated official(s). The City
Engineer may require additional BMPs as a condition of the extension if, in the sole discretion of
the City Engineer, such are determined necessary and/or beneficial to assure compliance with the
performance standards and/or intent and goals of this Chapter.
G. MAINTENANCE. The responsible party throughout the duration ofthe construction
activities shall maintain all BMPs necessary to meet the requirements of this Chapter until the
site has undergone final stabilization.
15.050.080 Erosion and sediment control plan - Statement - Amendments.
A. EROSION AND SEDIMENT CONTROL PLAN FOR CLASS I CONSTRUCTION
SITES (LAND DISTURBING CONSTRUCTION ACTNITIES COVERING FNE (5) OR
MORE ACRES).
1. For All Class I sites subject to this Chapter, an erosion and sediment control plan
and permit application, available from the City Engineer's Office, shall be prepared and
submitted to the City Engineer together with payment of the appropriate fee.
2. The erosion and sediment control plan shall be designed to meet the performance
standards required by the applicable provisions of this Chapter.
3. 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.
4. The erosion and sediment control plan shall include, at a minimum, the following
items:
(a) The name(s) and addressees) of the owner or developer ofthe site, and of
any consulting firm retained by the applicant, together with the name ofthe
applicant's principal contact at such firm.
(b) The application shall also include start and end dates for construction.
(c) Description of the site and the nature of the construction activity,
including representation of the limits of land disturbance on a map of appropriate
scale.
(d) A sequence of construction of the development 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.
(e) Estimates of the total area of the site and the total area of the site that is
expected to be disturbed by construction activities.
(f) Estimates, including calculations, if any, of the runoff coefficient of the
site before and after construction activities are completed.
(g) Calculations to show the expected percent reduction in the average
annual sediment load carried in runoff as compared to no sediment or erosion
controls.
(h) Existing data describing the surface soil as well as subsoils.
(i) Depth to groundwater, as indicated by Natural Resources Conservation.
Service soil information, where available.
(j) Name of the immediate named receiving water from the United States
Geological Service 7.5 minute series topographic maps.
(k) 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 one
hundred feet per inch (100' per inch) and at a contour interval not to exceed two
feet (2'):
(1) Existing topography, vegetative cover, natural and engineered
drainage systems, roads and surface waters.
(2) All lakes, streams, wetlands, channels, ditches and other
watercourses on and immediately adjacent to the site shall be shown.
(3) Any identified one hundred year (100-year) flood plains, flood
fringes and floodways shall also be shown.
(4) Boundaries of the construction site.
(5) Drainage patterns and approximate slopes anticipated after major
grading activities.
(6) Areas of soil disturbance.
(7) Location of major structural and non-structural controls identified
in the plan.
(8) Location of areas where stabilization practices will be employed.
(9) Areas which will be vegetated following construction.
(10) Area extent of wetland acreage on the site and locations where
storm water is discharged to a surface water or wetland.
(11) Locations of all surface waters and wetlands within one mile of the
construction site.
(1) Each erosion and sediment control plan shall include a description of
appropriate controls and measures that will be performed at the site to prevent
pollutants from reaching waters of the state. The plan shall clearly describe the
appropriate control measures for each major activity and the timing during the
construction process that the measures will be implemented. The description of
erosion controls shall include, when appropriate, the following minimum
requirements:
(1) Description of interim and permanent stabilization practices,
including a practice implementation schedule.
(2) Site plans shall ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized.
(3) 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 City Engineer, structural measures shall be installed on upland
soils.
(4) Management of overland flow at all sites, unless otherwise
controlled by outfall controls.
(5) Trapping of sediment in channelized flow.
(6) Staging construction to limit bare areas subject to erosion.
(7) Protection of downslope drainage inlets where they occur.
(8) Minimization of tracking at all sites.
(9) Clean up of off-site sediment deposits.
(10) Proper disposal of building and waste materials at all sites.
(11) Stabilization of drainage ways.
(12) Control of soil erosion from dirt stockpiles.
(13) Installation of permanent stabilization practices as soon as possible
after final grading.
(14) Minimization of dust to the maximum extent practicable.
(m) 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.
(n) The plan shall be considered to meet the erosion control plan
requirements of Wis. Admin. Code § NR 216.46, as from time to time amended,
revised or renumbered, when prepared in accordance with good engineering
practices and the design criteria, standards and specifications outlined in the
Wisconsin Construction Site Best Management Practice Handbook (WDNR Pub.
WR-222 November 1993 Revision), as from time to time amended, revised or
renumbered.
B. EROSION AND SEDIMENT CONTROL PLAN STATEMENT FOR CLASS II SITES
(LESS THAN FIVE (5) ACRES OF LAND DISTURBING CONSTRUCTION ACTNITY).
1. For each construction site with less than five (5) acres ofland disturbing activity
an erosion and sediment control plan statement and a permit application, available from the City
Engineer's Office, shall be prepared.
2. This statement, permit application and fee shall be submitted and paid to the City
Engineer prior to engaging in any activities regulated by this Chapter.
3. The control plan statement shall include a brief description of the site including,
but not limited to, those items set forth above in this Chapter and the map items required above
in this Chapter.
4. Further, the control plan statement shall also include best management practices
designed and located according the guidelines and technical standards in the Janesville Erosion
Control and Stormwater Site Design Manual, as from time to time amended, revised or
renumbered. Class II Sites designed and located according to the manual will meet or exceed the
performance standards set forth in this Chapter. Class II sites not designed according manual
guidelines and standards are required to make a Class I erosion control permit submittal.
5. AMENDMENTS. The applicant shall amend the 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 plan.
(b) The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(c) There is an increase in the disturbed area of a site above that indicated in
the erosion control plan. In instances where the land disturbing activity on a
Class II Sites rises above five (5) acres, it shall become a Class I Site and a full
erosion control plan meeting the requirements of Subsection B. 1. (and elsewhere
as applicable in this Chapter) must be submitted.
(d) The City Engineer notifies the applicant of changes needed in the plan.
15.05.090
Fee Schedule.
A. The fees referred to in the above sections of this Chapter shall be established by the City
Manager from time to time and revised at any time, and the City Council shall be advised of
these rates. From time to time the fees shall be evaluated and modified as necessary to assure
recovery of City costs and related expenses including, but not limited to, review, enforcement
and consultation. A schedule of the fees shall be available for review in the City Engineer's
Office at the J anesville Municipal Building.
15.05.100
Inspection - Enforcement - Penalties.
A. The City Engineer and/or his/her designee(s) shall inspect any construction site that holds
a permit under this Chapter at least once a month during the period starting March 1 and ending
October 31 and at least two (2) times during the period starting November 1 and ending
February 28 to ensure compliance with the approved sediment and erosion control plan..
B. If land disturbing construction activities are being carried out without a permit required
by this Chapter, the City Engineer and/or his designee(s) may enter any land at any time and
without prior notice to the owner or occupant if such land is found by the City Engineer and/or
his/her designee(s) to be in violation of any provision of this Chapter. Such authority is hereby
expressly granted by this Chapter and separately by the provisions of Wis. Stats. §§ 66.0119(1),
(2), and (3) (2001-2002), as from time to time amended, revised or renumbered.
C. The City Engineer and/or his/her designee(s) may post a stop-work order if anyone or
more of the following occurs and/or is found upon the land:
1. Any land disturbing construction or other activity regulated under this Chapter is
being undertaken without a permit.
2. The erosion and sediment control plan is not being implemented in a good faith
manner.
3. Any ofthe conditions of the permit are not being met.
D. If the responsible party or person including, but not limited to the property or land owner
and/or occupant, 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, in
addition to any other penalties or relief set forth in this Chapter or State Law, the City Engineer
may revoke the permit.
E. If the responsible party, where no permit has been issued, does not cease the activity after
being notified by the City Engineer, or if a responsible party violates a stop-work order posted
under this section, the City Engineer may request the City Attorney to enforce the Chapter in any
manner permitted by this Chapter and/or State Law including, but not limited to injunctive relief,
abatement, prosecution under Chapter 15.80 of the Code of General Ordinances of the City of
Janesville and/or related enforcement. All relief and penalties shall be cumulative and not
exclusive or in waiver of each other.
F. The Janesville Plan Commission may retract the stop-work order issued under this
section or the City Engineer's permit revocation. Such retraction shall not waive any penalties or
other violation enforcement.
G. In addition to and not in lieu of any other penalty or relief set forth in this Chapter or
State Law, after posting a stop-work order, the City Engineer may issue a notice of intent to the
responsible party of the City's intent to perform work necessary to comply with this Chapter, in
which event the City Engineer may go on the land and/or direct City employee(s) and/or outside
contractor(s) to commence and complete the work after issuing the notice of intent. The City
Engineer shall keep a detailed accounting of the costs and expenses of performing this work.
These costs and expenses shall be billed to the property owner and entered upon the tax roll as a
special charge against the property and collected with any other taxes levied thereon for the
year( s) in which the work is performed.
H. 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 Wis. Stats. § 62.23(8) (2001-2002), as from
time to time amended, revised or renumbered.
15.05.110
Appeals.
A. The City Plan Commission shall serve as the board of appeals. The Plan Commission:
1. Shall hear and decide appeals where it is alleged that there is error in any order,
decision or determination made by the City Engineer in administering this Chapter except for
cease and desist orders.
2. Upon appeal, may authorize 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
3. Shall use the rules, procedures, duties and powers authorized by statute in hearing
and deciding appeals and authorizing variances.
B. WHO MAY APPEAL. Appeals to the Plan Commission may be taken by any aggrieved
person or by any office, department, board, or bureau ofthe City of Janesville affected by any
decision of the City Engineer.
15.05.120 Severability. If a court of competent jurisdiction finds any section, clause,
provision or portion of this Chapter unconstitutional or invalid, the remainder of the Chapter
shall remain in force and effect, and shall not be affected by such judgment.
ADOPTED: September 27. 2004
Motion by: DeGarmo
Second by: Addie
Councilmember Aye Nay Pass Absent
Wellnitz, Tim X
Brien X
Williams X
Wellnitz, Tom X
Steeber X
DeGarmo X
Addie X
Jean
AP~VED At;?!
City A:t
Proposed by: City Engineer
Prepared by: City Attorney and City Engineer
Ord draft/erosion control ordinance