Number
160166
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to erosion control regulations.
Sections
290-1-3 rp
290-1-4 rn
290-1-4 cr
290-1-10 rc
290-1-11 rp
290-1-12 rn
290-1-13 rn
290-1-14 rn
290-1-14 cr
290-1-18 am
290-1.5 cr
290-3 rc
290-7-1-0 am
290-7-2-0 am
290-7-2-e-1 am
290-7-2-e-4 rc
290-7-2-e-5 rc
290-7-2-e-6 am
290-7-3 cr
290-9-0 am
290-9-1-0 am
290-9-1-a-4 am
290-9-1-c-1 am
290-9-1-c-2 am
290-9-1-c-4 cr
290-9-1-c-5 cr
290-9-1-c-6 cr
290-9-1-d cr
290-9-2 am
290-9-4-c-1 am
290-9-4-c-4 am
290-9-4-c-6 am
290-11-0 am
290-11-1-b am
290-13-1 am
290-15-1-a am
Analysis
This ordinance amends code provisions relating to erosion control to comply with watershed permit requirements as set forth by the Wisconsin Department of Natural Resources.
Body
Whereas, The Wisconsin Department of Natural Resources grants watershed permits, including the Menomonee River Watershed-Based MS4 permit for a municipal separate storm sewer system granted to the City of Milwaukee; and
Whereas, As a condition of the Menomonee River Watershed-Based MS4 permit, the City of Milwaukee is required to adopt updated erosion control regulations as set forth in ch. NR 151, Wis. Adm. Code; and
Whereas, To comply with both state law and permit requirements, it is necessary to update code provisions relating to erosion control; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 290-1-3 of the code is repealed.
Part 2. Section 290-1-4 of the code is renumbered 290-1-3.
Part 3. Section 290-1-4 of the code is created to read:
290-1. Definitions.
4. CONSTRUCTION SITE means an area upon which one or more land disturbing construction activities occurs, 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. 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.
Part 4. Section 290-1-10 of the code is repealed and recreated to read:
10. 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 activities include clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
Part 5. Section 290-1-11 of the code is repealed.
Part 6. Section 290-1-12 to 14 of the code is renumbered 290-1-11 to 13.
Part 7. Section 290-1-14 of the code is created to read:
14. MAXIMUM EXTENT PRACTICABLE means the highest level of performance that is achievable but is not equivalent to a performance standard specified in this chapter, as determined in accordance with s. 290-1.5.
Part 8. Section 290-1-18 of the code is amended to read:
18. SITE means the entire area included in the legal description of the land on which the land disturbing >>construction<< [[or land development]] activity is proposed in the permit application. This includes all work in the public right-of-way.
Part 9. Section 290-1.5 of the code is created to read:
1.5. Applicability of Maximum Extent Possible. Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates 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 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.
Part 10. Section 290-3 of the code is repealed and recreated to read:
290-3. Design, Criteria, Standards and Specifications. Each project shall have an individual control plan. All control measures shall comply with this chapter and shall be based on any of the following:
1. Design guidance and technical standards identified or developed by the Wisconsin department of natural resources under subch. V of ch. NR 151, Wis. Adm. Code.
2. Soil loss prediction tools, such as the Universal Soil Loss Equation (USLE) and revised versions of the USLE (RUSLE and RUSLE2), when using an appropriate rainfall or runoff factor (R factor), or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance. In relation to soil loss prediction tools in which the R factor has been developed to estimate annual soil erosion, averaged over extended time periods, it is permissible to modify the R factor to estimate monthly and single-storm erosion.
3. Technical standards and methods approved by the city.
Part 11. Section 290-7-1-0 of the code is amended to read:
290-7. Control of Erosion and Pollutants.
1. APPLICABILITY. This section applies to the following sites of land [[development or land]] disturbing >>construction<< activities and storage of erodable material:
Part 12. Section 290-7-2-0 of the code is amended to read:
2. REQUIREMENTS. The following requirements shall be met >>at<< [[on]] all sites described in sub. 1 >>to the maximum extent practicable<<.
Part 13. Section 290-7-2-e-1 of the code is amended to read:
e. Site Erosion Control.
e-1. 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 in [[subd. 4]] >>subd. 5<<. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area shall be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the set of one year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
Part 14. Section 290-7-2-e-4 and 5 of the code is repealed and recreated to read:
e-4. Erosion and sediment control practices shall be used to prevent or reduce all of the following:
e-4-a. The discharge of sediment from disturbed areas into adjacent waters of the state.
e-4-b. The discharge of sediment from drainage ways that flow off the site.
e-4-c. The transport by runoff 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.
e-4-d. The discharge of sediment from erosive flows at outlets and in downstream channels.
e-4-e. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
e-5. For sites with more than one acre disturbed, in addition to the erosion and sediment control practices described elsewhere in this subsection, the following erosion and sediment control practices shall be employed:
e-5-a. 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.
e-5-b. No person shall be required to employ more BMPs than are needed to meet a performance standard of this paragraph 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 mechanisms.
e-5-c. Notwithstanding subpar. a, 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.
Part 15. Section 290-7-2-e-6 of the code is amended to read:
e-6. Any soil or dirt storage piles containing more than 10 cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than [[10 days]] >>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 [[10 days]] >>7 days<< shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than [[10 days]] >>7 days<<, and the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.
Part 16. Section 290-7-3 of the code is created to read:
3. 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 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.
Part 17. Section 290-9-0 of the code is amended to read:
290-9. Control Plan for Building Site Development. No landowner or land user may commence a land [[disturbance or land development]] >>disturbing construction<< activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the department, except as provided in s. 290-11. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing [[or land developing]] >>construction<< activity subject to this chapter shall submit an application for a permit and a control plan and pay an application fee to the department. By submitting an application, the applicant is authorizing the department to enter the site to obtain information required for the review of the control plan.
Part 18. Section 290-9-1-0 of the code is amended to read:
1. ACTIVITIES COVERING ONE ACRE OR MORE. The control plan for land disturbing >>construction<< activities covering one acre or more shall consist of:
Part 19. Section 290-9-1-a-4 of the code is amended to read:
a-4. Location of predominant soil types >>, minimization of soil compaction and preservation of topsoil<<.
Part 20. Section 290-9-1-c-1 and 2 of the code is amended to read:
c-1. Locations and dimensions of all proposed land disturbing >>construction<< activities, temporary soil or dirt stockpiles and construction site management control measures necessary to meet the requirements of this chapter.
c-2. Schedule of anticipated starting and completion date of each land disturbing [[or land developing]] >>construction<< activity including the installation of construction site control measures needed to meet the requirements of this chapter.
Part 21. Section 290-9-1-c-4 to 6 of the code is created to read:
c-4. Minimization of land disturbing construction activity on slopes of 20 percent or more.
c-5. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
c-6. Development of spill prevention and response procedures.
Part 22. Section 290-9-1-d of the code is created to read:
d. Calculation to show the compliance with the performance standard in s. 290-7-2-e-5-a.
Part 23. Section 290-9-2 of the code is amended to read:
2. ACTIVITIES COVERING LESS THAN ONE ACRE. For land disturbing >>construction<< activities covering less than one acre, an erosion control plan statement with simple map shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this chapter.
Part 24. Section 290-9-4-c-1 of the code is amended to read:
c. Permit conditions.
c-1. Notify the department 3 business days prior to commencing any land [[developing or]] disturbing >>construction<< activity.
Section 25. Section 290-9-4-c-4 of the code is amended to read:
c-4. Install all control measures as identified in the approved control plan prior to commencing any land [[developing or]] disturbing >>construction<< activity.
Part 26. Section 290-9-4-c-6 of the code is amended to read:
c-6. Repair any [[situation]] >>siltation<< or erosion damage to adjoining surfaces and drainageways resulting from land [[developing or]] disturbing >>construction<< activities.
Part 27. Section 290-11-0 of the code is amended to read:
290-11. Control Plan for Certain Right-of-Way and Public Utility Easement Projects. Land [[disturbance or land development activity]] >>disturbing construction activities<< involving streets, alleys, highways, bridges, or an underground pipe, cable or facility may not commence construction without an approved erosion control plan and a permit issued by the department of public works. The permit shall be subject to ch. 115.
Part 28. Section 290-11-1-b of the code is amended to read:
1. EROSION CONTROL PLAN.
b. Other work. For construction work by private contractors within the public right-of-way or public utility easement, the erosion control plan shall be submitted to the department of public works as part of the permit process. Within 10 working days after receipt, the department shall have reviewed the plan to determine if the requirements of this chapter have been met. The department shall either approve the plan and issue the permit, if all requirements are met, or notify the applicant >>,in writing,<< with the reasons for the disapproval of the erosion control plan and what must be done to correct it. Within 7 working days after resubmittal, the department shall either approve the plan or again notify the applicant, repeating the approval process.
Part 29. Section 290-13-1 of the code is amended to read:
290-13. Inspection. 1. The department shall inspect site development, building construction sites and building services not let to public works contract, at least once each month while the permit is active to ensure compliance with the control plan. If land disturbing [[or land development]] >>construction<< activities are being carried out without a permit, the department shall enter the land pursuant to s. 66.0119, Wis. Stats.
Part 30. Section 290-15-1-a of the code is amended to read:
290-15. Enforcement. 1. BUILDING, SITE DEVELOPMENT AND SERVICES NOT LET TO PUBLIC WORKS CONTRACT. a. The department may issue an order to correct violations or a stop-work order or both if any land disturbing [[or land developing]] >>construction<< activity regulated under this chapter is being undertaken without a permit or in violation of the conditions of the permit.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Public Works-Environmental Engineering Section
Drafter
Dana J. Zelazny
LRB164113-2
6/8/2016