§ 26-40. Erosion and sediment control plan, statement and review.

(a)

[Plan.] An erosion and sediment control plan for land disturbing construction activities affecting areas of 10,000 square feet or greater shall be prepared and submitted to the town clerk. The plan shall:

(1)

Be designed to meet the performance standards, technical standards and other requirements of this article.

(2)

Address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site.

(3)

Include, at a minimum, the following:

a.

Name of the landowner, engineer and contractor, if known, with contact information.

b.

Description of the site and the nature of the construction activity, including representation of the limits of soil disturbance on a United States Geological Service seven and one-half-minute series topographic map.

c.

Description of the intended sequence of major activities which disturb land for major portions of the site, such as grubbing, excavation or grading.

d.

Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction activities and identification of the disturbed areas.

e.

Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed.

f.

Calculations to show the expected percent reduction in the average annual sediment load carried in runoff as compared to no sediment or erosion controls.

g.

Existing data describing the surface soil as well as subsoils.

h.

Depth to groundwater, as indicated by natural resources conservation service soil information, where available, except when permanent infiltration systems are used, the depth to groundwater shall be as outlined in subsection (a)(5) of this section.

i.

Name of the immediate receiving water as named on the appropriate United States Geological Service seven and one-half-minute series topographic map.

(4)

If permanent infiltration systems are used, require appropriate onsite testing to be conducted to determine if seasonal high water is within five feet of the bottom of the proposed practice. If permanent infiltration structures are used and there is a municipal well within 1,200 feet or a nonpublic well within 100 feet, the groundwater flow shall be identified in accordance with the provisions specified in Wis. Admin. Code §§ NR 811.16(4) and 812.08(4).

(5)

Include a site map. The site map shall include the following items and shall be at a scale of not greater than 100 feet per inch and at a contour interval not to exceed two feet, except the United States Geological Service seven and one-half-minute series topographical maps:

a.

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 floodplains, flood fringes, shoreland zones and floodways shall also be shown.

b.

Boundaries of the construction site.

c.

Drainage patterns and approximate slopes anticipated after major grading activities.

d.

Areas of soil disturbance.

e.

Location of major structural and nonstructural controls identified in the plan.

f.

Location of areas where stabilization practices will be employed and methods of stabilization identified.

g.

Areas which will be vegetated following construction and a restoration schedule.

h.

Wetlands, areas extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland.

i.

Locations of all surface waters and wetlands within one mile of the construction or development site.

j.

Locations and dimensions of utilities, structures, roads, highways and paving, drain tiles and other physical features or structures.

k.

Alphanumeric or equivalent grid overlying the entire construction site map.

l.

Locations and dimensions of setback distances, easements, rights-of-way or other restrictions.

m.

Maintenance responsibilities for erosion and sediment controls.

n.

Any other information as determined by the town engineer.

(6)

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 be at the same scale as the site map under subsection (b)(5) of this section and shall clearly show the site changes. 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:

a.

Description of interim and permanent stabilization practices, including a practice implementation schedule. Site plans shall ensure that existing vegetation is preserved, where attainable, and that disturbed portions of the site are stabilized.

b.

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 town engineer, structural/measures shall be installed on upland soils.

c.

Management of overland flow at all sites, unless otherwise controlled by outfall controls.

d.

Trapping of sediment in channelized flow.

e.

Staging construction to limit bare areas subject to erosion.

f.

Protection of downslope drainage inlets where they occur.

g.

Minimization of tracking at all sites.

h.

Clean up of off-site sediment deposits.

i.

Proper disposal of building and waste materials at all sites.

j.

Stabilization of drainageways.

k.

Control of soil erosion from dirt stockpiles.

l.

Installation of permanent stabilization practices as soon as possible after final grading.

m.

Minimization of dust to the maximum extent practicable.

(7)

Require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

(8)

If BMPs cannot be designed to reduce the average annual sediment load by 80 percent, include a written and site-specific explanation as to why the 80 percent reduction goal is not attained.

Note: The plan requirements of this subsection (a) will meet the plan requirements of Wis. Admin. Code § NR 216.46, when prepared in accordance with good engineering practices and design guidance and technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources ("DNR") under Wis. Admin. Code NR ch. 151, subch. V located at the DNR Website at www.dnr.wi.gov.

(b)

Statement. An erosion and sediment control plan statement shall be prepared for each construction site, unless exempted under section 26-36. Such statement shall be submitted to the town clerk. The erosion and sediment control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of this article, including the site development schedule.

(c)

Review. The permit application shall be reviewed in accordance with the following:

(1)

Within 31 working days of receipt of the permit application, erosion and sediment control plan or erosion and sediment control plan statement, and the application fee, the planning commission, with the recommendation of the town engineer, shall review the application and erosion and sediment control plan or erosion and sediment control plan statement to determine if the requirements of this article are met and make a recommendation to the town board. Within 14 working days after the plan commission recommendation on the permit application, the town board shall review the application and recommendations of the planning commission and the town engineer. The planning commission or town board may request comments from other departments or agencies. If the town board determines that allowing the land disturbing construction activity will be detrimental to the public safety, health, welfare or convenience, or be injurious to other property or improvements in the neighborhood in which the property is located because of the particular physical surroundings, shape or topographical conditions of the specific property involved, or that the proposed activity will cause significant erosion, destruction of wetlands or riparian habitat, or result in or increase ground or water pollution, the town board may deny the permit and inform the applicant of the town board's action.

(2)

If the requirements of this article are met and the town board has not made a determination under subsection (c)(1) of this section, the town board may approve the erosion and sediment control plan or erosion and sediment control plan statement, inform the applicant and may issue a permit.

(3)

If the requirements of this article are not met and the town board has not made a determination under subsection (c)(1) of this section, the town board shall inform the applicant in writing and may either require additional information or disapprove the erosion and sediment control plan or erosion and sediment control plan statement. Within 20 working days of receipt of any needed information, the town board shall again determine if the erosion and sediment control plan or erosion and sediment control plan statement meets the requirements of this article. If the erosion and sediment control plan or erosion and sediment control plan statement is disapproved, the town board shall inform the applicant in writing of the reasons for the disapproval.

(d)

Phasing of disturbed sites greater than 30 acres. The town board, upon recommendation of the town engineer, may require phasing on all disturbed sites greater than 30 acres, with the size of each phase to be established at plan review.

(Code 1967, § 3.12(10); Ord. No. 2005-15, § 5, 12-13-2005; Ord. No. 2007-01, §§ 1, 2(Exh. A), 2-13-2007; Ord. No. 2009-02, § 6, 5-6-2009)