§ 87-5. Applicability, exemptions and waivers.

(1)

Construction site erosion control. Unless otherwise exempted under subsection (3) below, or waived under subsection (4) below, an erosion and runoff control permit under section 87-6 of this chapter shall be required, and all construction site erosion control provisions of this chapter shall apply to all land disturbing activity that meet any of the following:

(a)

Disturbs 4,000 square feet or more of total land surface area;

(b)

Involves excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material;

(c)

Disturbs 100 lineal feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel; including the placement, repair or removal of any underground pipe, utility or other facility within the cross-section of the channel at flow capacity; or

(d)

Other land disturbing activities, including the installation of access drives, that the administering authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact an environmentally sensitive area. All determinations made by the administering authority under this subsection shall be made in written or electronic form, unless otherwise waived by the requesting entity.

(2)

Stormwater management. Unless otherwise exempted under subsection (3) below, or waived under subsection (4) below, an erosion and runoff control permit under section 87-6 below, shall be required, and all stormwater management provisions of this chapter shall apply to all land development activity that meet any of the following:

(a)

Divides an existing tax parcel into five separate parcels of five acres each or less in total area within a common plan of development;

(b)

Involves the construction of any new public or private roads;

(c)

Ultimately results in the addition of impervious surfaces of 20,000 square feet or greater in total area, including smaller individual sites that are part of a common plan of development; or

(d)

Other land development activities, including access drives, that the administering authority determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact an environmentally sensitive area. All determinations made by the administering authority under this subsection shall be made in written or electronic form, unless otherwise waived by the requesting entity.

(3)

Exemptions.

(a)

The following sites shall be exempt from all of the requirements of this chapter:

1.

All activities directly relating to the planting, growing and harvesting of agricultural crops.

2.

Any land disturbing or land development activity conducted by or contracted for any state agency, as defined under § 227.01(1) Wis. Stats., including but not limited to road construction projects administered by the Wisconsin Department of Transportation. These activities must meet the erosion control and stormwater management requirements of the state.

(b)

The following sites shall be exempt from subsection (1) above, which includes the construction site erosion control provisions of this chapter only:

1.

The construction of one and two family residential buildings under Wis. Adm. Code COMM 21.125, unless requested by the village building inspector or village board. These activities must meet the erosion control requirements of the Wisconsin Uniform Dwelling Code.

2.

Any land disturbing activity within the shoreland/wetland/floodplain zone as defined by the Washington County Code that disturbs less than one acre of total land surface. These activities must meet the erosion control requirements of the Washington County shoreland/floodplain/wetland zoning ordinance(s).

(c)

The following sites shall comply with all of the erosion control and stormwater management requirements of this chapter, but shall be exempted from obtaining a permit, providing a financial guarantee or paying a fee under section 87-6 of this chapter:

1.

Any proposal that is designed and/or certified by the Washington County Land Conservation Department as part of a soil conservation or water pollution control project; and

2.

Any road construction or other land disturbing or land development activity by the village or Washington County, where an approved working agreement with the ordinance administrator is in effect at the time of the activity.

(4)

Waivers.

(a)

The administering authority shall waive any requirement of this chapter if the administering authority, or the board of appeals under section 87-14 of this chapter, determines that:

1.

The site will have no appreciable off-site impact;

2.

Compliance is impractical or impossible due to site conditions, urban street cross section requirements, or other circumstances beyond the control of the applicant;

3.

Compliance would be in direct conflict with other regulations or related objectives of this chapter which would take precedent; or

4.

The specific requirement is not necessary for a particular site to ensure compliance with the erosion control and stormwater management requirements of sections 87-8 and 87-9 of this chapter.

(b)

Any waiver granted shall be in written or electronic form and shall comply with the general requirements under section 87-8(1)(a) of this chapter relating to construction site erosion control and under section 87-9(1)(a) of this chapter relating to stormwater management.

(Ord. No. 2002-04, § 87.05, 4-1-02)