§ 23-21. Applicability and jurisdiction.

(a)

Applicability.

(1)

Except as provided under subsection (2), this chapter applies to any construction site as defined under section 23-3.

(2)

This chapter does not apply to the following:

a.

Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development. (Transportation facility projects directed and supervised by Wisconsin Department of Transportation are not subject to this chapter.)

Notwithstanding this chapter, a municipality is required to comply with the construction site transportation facility performance standards in subch. IV of NR 151, Wis. Adm. Code, for its own transportation-related projects.

b.

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.

c.

Nonpoint discharges from agricultural facilities and practices.

d.

Nonpoint discharges from silviculture activities.

e.

Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

(3)

Notwithstanding the applicability requirements in subsection (1), this chapter applies to construction sites of any size that, as determined by the town engineer, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that cause undue channel erosion, or that increase water pollution by scouring or transporting of particulate.

(b)

Jurisdiction. This chapter applies to land disturbing construction activities on lands within the boundaries and jurisdiction of the Town of Ixonia, as well as the extraterritorial division of land subject to an ordinance enacted pursuant to Wis. Stats. § 236.45(2) and (3).

(c)

Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1).

(Ord. No. 2017-01, 3-13-2017)