The City of Prescott finds that runoff from land disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in the City of Prescott.
It is the purpose of this article to further the maintenance
of safe and healthful conditions; prevent and control water pollution;
prevent and control soil erosion; protect spawning grounds, fish and
aquatic life; control building sites, placement of structures and
land uses; preserve ground cover and scenic beauty; and promote sound
economic growth, by minimizing the amount of sediment and other pollutants
carried by runoff or discharged from land disturbing construction
activity to waters of the state in the City of Prescott.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission
empowered under § 62.234, Wis. Stats., that is designated
by the Common Council to administer this article.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Zoning Administrator is routinely
and customarily open for business.
CEASE AND DESIST ORDER
A court-issued order to halt land disturbing construction
activity that is being conducted without the required permit.
CONSTRUCTION SITE
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.
DIVISION OF LAND
The creation from one parcel of two or more parcels in area
where such creation occurs at one time or through the successive partition
within a five-year period.
EROSION
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
A comprehensive plan developed to address pollution caused
by erosion and sedimentation of soil particles or rock fragments during
construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate
limits of a first, second, or third class city, or within 1.5 miles
of a fourth class city or village.
FINAL STABILIZATION
All land disturbing construction activities at the construction
site have been completed and a uniform perennial vegetative cover
has been established, with a density of at least 70% of the cover,
for the unpaved areas and areas not covered by permanent structures,
or that employ equivalent permanent stabilization measures.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
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 clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices in order
to achieve a performance standard specified in this article 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 the performance standard and site conditions.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the Zoning Administrator
to the applicant to conduct land disturbing construction activity
or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY
Any entity holding fee title to the property or performing
services to meet the performance standards of this article through
a contract or other agreement.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water that moves on the land surface via sheet or
channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
SEPARATE STORM SEWER
A conveyance or system of conveyances, including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches,
constructed channels or storm drains, which meets all of the following
criteria:
A.
Is designed or used for collecting water or conveying runoff.
B.
Is not part of a combined sewer system.
C.
Is not draining to a stormwater treatment device or system.
D.
Discharges directly or indirectly to waters of the state.
SITE
The entire area included in the legal description of the
land on which the land disturbing construction activity is proposed
in the permit application.
STOP-WORK ORDER
An order issued by the Zoning Administrator which requires
that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
The fees referred to in other sections of this article shall
be established by the Common Council and may from time to time be
modified by resolution. A schedule of the fees established by the
Common Council shall be available for review in City Hall.
If land disturbing construction activities are being carried
out without a permit required by this article, the Zoning Administrator
may enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.