§ 76-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate sod, or self-sustaining vegetative cover means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
Administering authority means a governmental employee, or a regional planning commission empowered under Wis. Stats. § 62.234 that is designated by the village.
Agricultural facilities and practices has the meaning given in Wis. Stats. § 281.16(1).
Atlas 14 means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013 or any subsequently published edition.
Average annual rainfall means a typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WINSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the Village.
Best management practices or BMPs means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
Business day means a day the office of the director of public works/is routinely and customarily open for business.
Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
Connected imperviousness means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
Construction site means an area upon which one or more land disturbing construction activities occur, 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.
Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
Development means residential, commercial, industrial or institutional land uses and associated roads.
Director of public works means the Village of Hartland Director of Public Works or designee.
Division of land means either a subdivision or minor land division, as defined by chapter 50, Land subdivision.
Effective infiltration area means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
Exceptional resource waters means waters listed in § NR 102.11, Wis. Adm. Code.
Extraterritorial jurisdiction means extraterritorial plat approval jurisdiction as defined by section 50-2 of the Village of Hartland Land Subdivision Ordinance.
Filtering layer means soil that has at least a 3-foot deep layer with at least 20 percent fines; or at least a five-foot deep layer with at least ten percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
Final stabilization means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established, with a density of at least 70 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees such as a cash deposit submitted to the director of public works by the responsible party to assure that requirements of the article are carried out in compliance with the stormwater management plan.
Governing body means the village board of trustees.
Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether such drain or connection had been allowed, permitted, or approved by a government agency, prior to the adoption of this article.
Impervious surface means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.
In-fill area means an undeveloped area of land located within an existing development.
Infiltration means the entry of precipitation or runoff into or through the soil.
Infiltration system means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
Karst feature means an area or geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
Land development activity means any construction related activity that results in the addition or replacement of impervious surfaces such as rooftops, roads, parking lots, and other structures. Measurement of areas impacted by land development activity includes 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.
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 activity includes activities such as clearing and grubbing, demolition, excavating, pit trench dewatering, filling, grading and other similar activities.
Maintenance agreement means a legal document that provides for long-term performance and upkeep of stormwater management practices.
MEP or maximum extent practicable means a level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet the performance standards and may vary based on applicable performance standard and site conditions.
New development means development resulting from the conversion of previously undeveloped land or agricultural land uses.
NRCS MSE3 distribution means a specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
Off-site means located outside the property boundary described in the permit application.
On-site means located within the property boundary described in the permit application.
Ordinary high-water mark has the meaning given in Wis. Admin. Code § NR 115.03(6).
Outstanding resource waters means waters listed in Wis. Admin. Code § NR 102.10.
Percent fines means the percentage of a given sample of soil, which passes through a #200 sieve.
Performance standard means a narrative or and objective, measurable number specifying the minimum acceptable outcome for a facility or practice.
Permit means a written authorization issued by the director of public works, building inspector, village engineer to an applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
Permit administration fee means a sum of money paid to the Village of Hartland by the permit applicant for the purpose of recouping expenses incurred by the authority in administering the permit.
Person means any individual, association, organization, partnership, firm, corporation, limited liability company or other entity recognized by law and acting either as the owner or as the owner's agent.
Pervious surface means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
Pollutant has the meaning given in Wis. Stat. § 283.01(13).
Pollution has the meaning given in Wis. Stat. § 281.01(10).
Post-construction site means a construction site following the completion of land disturbing construction activity and final site stabilization.
Pre-development condition means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
Preventive action limit has the meaning given in Wis. Admin. Code § NR 140.05(17).
Protective area means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of those widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.
Redevelopment means areas where development is replacing older development.
Responsible party means a landowner or any entity holding fee title, an easement or other interest in the property, which allows the person to undertake land disturbing construction activity or implementation of storm water BMPs on the property.
Runoff means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
Separate storm sewer means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, culverts, constructed channels or storm drains, which meets all of the following criteria:
(1)
Is designed or used for collecting water or conveying runoff.
(2)
Is not part of a combined sewer system
(3)
Is not draining to a stormwater treatment device or system.
(4)
Discharges directly or indirectly to waters of the state.
Silviculture activity means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
Site means the entire area included in the legal description of the land on which the land disturbing construction activity occurred or is proposed under the permit application.
Stop work order means an order issued by the director of public works, or building inspector that requires all construction activity on the site be stopped.
Storm drain system means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, culverts, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Stormwater management plan means a comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has under gone final stabilization following completion of the construction activity.
Stormwater management system plan is a comprehensive plan designed to influence or to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
Top of the channel means an edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12 percent continually for at least 50 feet. If the slope of the land is 12 percent or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
Total maximum daily load or TMDL means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
TP-40 means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
TR-55 means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June, 1986.
Transportation facility means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under Wis. Stats. § 85.095(1)(b). "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Wisconsin Department of Natural Resources pursuant to Wis. Stats. § 281.33.
TSS means total suspended solids.
Type II distribution means a rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.
Waters of the state has the meaning given in Wis. Stats. § 281.01(20).
(Ord. No. 844-17, § 1, 10-9-2017)