Erosion control applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the Town of Menasha. All state funded or conducted construction is exempt from these regulations.


(1)   Design Criteria, Standards and Specifications for Control Measures:


All control measures required to comply with this ordinance must meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Building Inspector.


(2)    Maintenance of Control Measures:


All sedimentation basins and other control measures necessary to meet these requirements must be maintained by the applicant or subsequent land owner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.


(3) Control of Erosion and Pollutants During Land Disturbance and Development:


(a) Applicability.  This section applies to the following sites of land development or land disturbing activities:


(1)   Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional building on lots of approved subdivision plats.


(2)   Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.


(3)   Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4000 square feet or more;


(4)   Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material;


(5)   Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction;


(6)   Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.


(b) Erosion and Other Pollutant Control Requirements.  The following requirements shall be met on all sites:


(1)  Site dewatering.  Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate.  If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the Building Inspector.  Water may no be discharged in a manner that causes erosion of the site or receiving channels.


The performance standard of 100 micron maximum particles in the dewatering water at the maximum pumping rate significantly reduces the liability of the contractor when compared to a standard of "no visible particulate matter".  If a properly sized device is correctly used, based on the 100 micron particle size performance standard, then discharges of visible particulate matter would not constitute a violation.  It is not possible to design a control device that would insure "no visible particulate matter" discharges.  This 100 micron standard is intended to significantly reduce sedimentation problems in downstream drainage systems in the receiving waters that are caused by large particles.  "Visible particulate matter" will probably still occur in water meeting this standard, as most turbidity effects are caused by very small particles that usually do not cause as severe of a sedimentation problem as larger particles.  This 100 micron particle size performance standard was therefore selected to be easily met and enforced, and to reduce sedimentation problems.  A "no visible particulate matter" standard in contrast could not me met easily or cheaply, violations would frequently occur, and inspectors would have to make frequent visits and require frequent control device changes. 


In addition, particle size measurements would not be required to proved compliance with the 100 micron performance standard.  Only the property use of a device designed to meet this particle size criteria is needed.  However, if a contractor or site engineer feels that the dewatering water does not contain any particles larger than 100 microns, no control device would be needed if optional frequent particle size analyses confirm that fact.  In most cases, the use of the simple control devices described previously would be less expensive and less bothersome than performing frequent particle size analyses.)


(2)   Waste and material disposal.  All waste an unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.


(3)   Tracking.  Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways.  Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.


(4)   Drain inlet protection.  All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.


(5) Site erosion control.  The following criteria (a. through d.) apply only to land development or land disturbing activities that result in runoff leaving the site.


(c)        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 below in S. 07 (2)(e)3.c  Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 ft/sec across the disturbed area for the set of one year design storms.  Diverted conveyance and receiving channels.


(d)        All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.


(e)        Runoff from the entire disturbed area on the site shall be controlled by meeting either subpar. 1 and 2, or 1 & 3.


(1)        All disturbed ground left inactive for 7 or more days shall be stabilized by seeding or sodding (only available prior to September 15th) or by mulching or covering, or other equivalent control measure.


(2)        For sites with more than 10 acres disturbed at one time, or if channel originates in the disturbed area, one or more sedimentation basins shall be constructed.  Each sedimentation basin shall have a surface area of at least 1% of the areas draining to the basin and at least 3 feet of depth and constructed in accordance with accepted design specifications.  Sediment shall be removed to maintain a depth of 3 feet.  The basin shall be designed to trap sediment greater than 15 microns in size, based on the set of 1-year design storms having durations from 0.5 to 24 hours.  The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.


(3)        For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site.  If a channel or area of concentrated runoff passes through the site, filter fences shall be place along the channel edges to reduce sediment reaching the channel.

(f)         Any soil or dirt storage piles containing more than ten cubic years 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 7 days, they shall be stabilized by mulching, vegetative cover, tamps or other means.  Erosion from piles which will be in existence for less than 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 storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tamps or suitable alternative control, if exposed for more than 7 days, and the stormdrain inlets must be protected with straw bale or other appropriate filtering barriers.


(4)        Permit Application, Control Plan, and Permit Issuance:


No landowner or land user may commence a land disturbance or land development activity subject to these regulations without receiving prior approval of a control plan for the site and a permit from the Building Inspector.  At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this ordinance shall submit application for a permit and a control plan and pay an application fee to the Building Inspector.  By submitting an application, the applicant is authorizing the Building Inspector to enter the site to obtain information required for the review of the control plan.


(a)  Intent of the Control Plan for Land Disturbing Activities Covering More Than One Acre:


(1)                Existing site map.  A map of existing site conditions on a scale of at least 1 inch equals 100 feet showing the site and immediately adjacent areas:


(a)                Site boundaries and adjacent land which accurately identify site location;


(b)                Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site;


(c)                100 year floodplains, flood fringes and floodways;


(d)                Location of the predominant soil types;


(e)                Vegetative cover;


(f)                 Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site;


(g)                Locations and dimensions of utilities, structures, roads, highways, and paving; and


(h)                Site topography at a contour interval not to exceed five feet.


(2)                Plan of final site conditions.  A plan of final site conditions on the same scale as the exiting site map showing the site changes.


(3)                Site construction plan.  A site construction plan including:


(a)                Locations and dimensions of all proposed land disturbing activities;


(b)                Locations and dimensions of all temporary soil or dirt stockpiles;


(c)                Locations and dimensions of all construction site management control measures necessary to meet the requirements of this ordinance;


(d)                Schedule of anticipated starting and completion date of each land disturbing or land developing activity including the installation of construction site control measures needed to meet the requirements of this ordinance; and


(e)                Provisions for maintenance of the construction site control measures during construction.


(b)        Content of Control Plan Statement for Land Disturbing Activities Covering Less Than One Acre, But  Meeting The Applicability Requirements Stated In S.07(1).


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 the ordinance.


(c)        Review of Control Plan.  Within 45 days of receipt of the application, control plan, (or control plan statement) and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this ordinance are met.  The Building Inspector may request comments from other departments or agencies.  If the requirements of this ordinance are met, the Building Inspector shall approve the plan, inform the applicant and issue a permit.  If the conditions are not met, the Building Inspector shall inform the applicant in writing and may either require needed information or disapprove the plan.  Within 30 days of receipt of needed information, the Building Inspector shall again determine if the plan meets the requirements of this ordinance.  If the plan is disapproved, the Building Inspector shall inform the applicant in writing of the reasons for the disapproval.


(d)         Permits:


(1)                Duration.  Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, which is longer, from the date of issuance.  The Building Inspector may extend the period one or more times for up to an additional 180 days.  The Building Inspector may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this ordinance.


(2)                Surety Bond.  As a condition of approval and issuance of the permit, the Building Inspector may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions.


(3)                Permit conditions.  All permits shall require the permittee to:


(a)                Notify the Building Inspector within 48 hours of commencing and land disturbing activity.


(b)                Notify the Building Inspector of completion of any control measures within 14 days after their installation.


(c)                Obtain permission in writing from the Building Inspector prior to modifying the control plan.


(d)                Install all control measures as identified in the approved control plan.


(e)                Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.


(f)                 Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities.


(g)                Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.


(h)                Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.


(i)                  Keep a copy of the control plan on the site.


(5) Inspections:


The Building Inspector shall inspect construction sites at least once a month during the period starting March 1 and ending October 31 and at least 2 times during the period starting November 1 and ending February 28 to ensure compliance with the control plan.


If land disturbing or land development activities are being carried out without a permit, the Building Inspector shall enter the land pursuant to the provisions of s. 66.122 and 66.123, Wis. State Stats.


(6)  Enforcement:


(a)        The Building Inspector may post a stop-work order if:


(1)        Any land disturbing or land developing activity regulated under this ordinance is being undertaken without a permit;


(2)        The control plan is not being implemented in a good faith manner;


(3)        The conditions of the permit are not being met.


(b)        If the permittee does not cease the activity or comply with the control plan or permit conditions within 10 days the Building Inspector may revoke the permit.


(c)        If the landowner or land user where no permit has been issued does not cease the activity within 10 days, the Building Inspector may request the Town Attorney to obtain a cease and desist order.


(d)        The Building Inspector or the board of appeals may retract the stop-work order or the revocation.


(e)        10 days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of the Building Inspector's intent to perform work necessary to comply with this ordinance. The Community Development Director may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Community Development Director, plus interest at the rate authorized by the Director of Community Development shall be billed to the permittee or the landowner.  In the event a permittee or landowner 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 section 66.60(16), Wis. State  Stats.


(f)         Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $50.00 nor more than $250.00 and the costs of prosecution for each violation.  Each day a violation exists shall constitute a separate offense.


(g)        Compliance with the provisions of this ordinance may also be enforced by injunction.


(7)  Appeals:


(a)        Appeals.  The Town Board shall serve as the appeals board.


(1)        Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Community Development Director in administering this ordinance;


(2)        Upon appeal, may authorize variances from the provisions o this ordinance which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance 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.  Any applicant, permittee, landowner, or land user may appeal any order, decision or determination made by the Community Development Director in administering this ordinance.


(8)        Definitions:


(a)  "Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.


(b)  "Commercial land use" means use of land for the retail or wholesale sale of goods or services.


(c)  "Construction site control measure” means a control measure used to meet the requirements of 14.66 (5) (b).


(d)  ”Control measure" means a practice or combination of practices to control erosion and attendant  pollution.


(e)  "Control plan" means a written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirement of this ordinance submitted by the applicant for review and approval by the Community Development Department.


(f) "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind,   ice, or gravity.


(g)  "Land developing activity" means the construction of buildings, roads, parking lots, paved storage areas and similar facilities.


(h)  "Land disturbing construction activity" means any man-made change of the land surface including removing vegetative cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens' harvesting of trees; and landscaping modifications.


(i)   "Landowner" means any person holding title to or having an interest in land.


(j)  "Land user" means any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.


(k)  "Runoff" means the rainfall, snowmelt, or irrigation water flowing over the ground surface.


(l)  "Site" means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

(m)  "Set of 1 year design storm" means the following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12 and 24 hours that occur approximately once per year.  (Note:  the following are typical characteristics of these one-year storms for most of Wisconsin:


                                             Storm                  Average                    Total

                                           Duration                Rain Intensity              Rain

                                                                    (hours)                 (inches/hour)             (inches)


                                             0.5                         1.8                         0.9

                                               1                          1.1                         1.1

                                               2                          0.7                         1.3

                                               3                          0.5                         1.5

                                               6                          0.3                         1.7

                                             12                          0.2                         2.0

                                             24                          0.1                         2.3