The Common Council finds that uncontrolled, post-construction
runoff has a significant impact upon water resources and the health,
safety and general welfare of the community and diminishes the public
enjoyment and use of natural resources. Specifically, uncontrolled
post-construction runoff can:
A. Degrade physical stream habitat by increasing stream bank erosion,
increasing streambed scour, diminishing groundwater recharge, diminishing
stream base flows and increasing stream temperature.
B. Diminish the capacity of lakes and streams to support fish, aquatic
life, recreational and water supply uses by increasing pollutant loading
of sediment, suspended solids, nutrients, heavy metals, bacteria,
pathogens and other urban pollutants.
C. Alter wetland communities by changing wetland hydrology and by increasing
pollutant loads.
D. Reduce the quality of groundwater by increasing pollutant loading.
E. Threaten public health, safety, property and general welfare by overtaxing
storm sewers, drainageways, and other minor drainage facilities.
F. Threaten public health, safety, property and general welfare by increasing
major flood peaks and volumes.
G. Undermine floodplain management efforts by increasing the incidence
and levels of flooding.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, empowered under § 62.234,
Wis. Stats., that is designated by the Common Council to administer
this article.
BEST MANAGEMENT PRACTICES or BMPs
Practices, techniques, or measures that are effective in
reducing flooding, removing pollutants, providing thermal mitigation,
enhancing infiltration, and/or providing other benefits related to
stormwater management.
BUSINESS DAY
A day the offices of City of Prescott are 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.
CITY
The City of Prescott and its representatives.
CITY ZONING ADMINISTRATOR
The governmental employee designated by the Common Council
to administer this article, and includes assistance from the City
Engineer, and any other governmental employees designated by the City
Zoning Administrator or the Common Council in the absence of the City
Zoning Administrator.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DETENTION
The temporary detaining or storage of stormwater in reservoirs,
on rooftops, in streets, parking lots, or other areas under predetermined
and controlled conditions, with the rate of distance therefore regulated
by appropriately installed devices.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
EFFECTIVE INFILTRATION AREA
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 or SOIL EROSION
The detachment process and movement of soil and rock fragments
by which the land's surface is worn away by the action of wind,
water, ice or gravity.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and shall include the
conditions resulting from the activity.
FILL
Any act, by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man to a new location and shall include the conditions
resulting therefrom.
FINAL STABILIZATION
That all land disturbing construction activities at the construction
site have been completed and that a dense uniform, perennial, vegetative
cover has been established, for the unpaved areas and areas not covered
by permanent structures, or employment of equivalent permanent stabilization
measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the City of Prescott
by the responsible party to assure that requirements of the ordinance
are carried out in compliance with the stormwater management plan.
GRADING
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
IMPERVIOUS SURFACE
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, parking lots and streets are examples of areas
that typically are impervious.
IN-FILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The process by which rainfall or surface runoff percolates
or penetrates into the underlying soil.
INFILTRATION SYSTEM
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
An area or surficial 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 COVER
The various cover types found on a specific parcel, including
impervious surface, green space, wooded area, parking lot, etc.
LAND DEVELOPMENT ACTIVITY
Any construction of buildings, roads, parking lots, paved
and unpaved storage areas and similar facilities, including agricultural
facilities.
LAND DISTURBING ACTIVITY
Any man-made alteration of the land surface of public or
private lands 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 within
the City and into waters of the state. Land disturbing activity includes,
but is not limited to, clearing and grubbing, tilling, removal of
vegetative cover, stockpiling of soil, demolition, excavating, pit
trench dewatering, filling and grading activities, except that the
term shall not include such minor land disturbing activities as home
gardens and normal repair and maintenance of private roads. This term
does not include agricultural practices.
LAND OCCUPIER
Any person who holds title to land either as sole owner,
a tenant in common or a joint tenant or has title as a trustee, assignee,
or has a land contract vendor's or vendee's interest.
LOT
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory buildings,
together with the open spaces required under City of Prescott Municipal
Code and abutting on a public street or officially approved place.
MAINTENANCE AND MONITORING AGREEMENT
A legal document that is filed with the County Register of
Deeds as a property deed restriction, and which provides for long-term
maintenance of stormwater management practices.
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.
NATURAL RESOURCES CONSERVATION SERVICE or NRCS
The United States agency responsible for establishing standards
for and design of many water quality structures and practices. The
NRCS was formerly the Soil Conservation Service or SCS.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
OFF SITE
Located outside the property boundary described in the permit
application for land development activity or land disturbing activity.
ON SITE
Located within the property boundary described in the permit
application for land development activity or land disturbing activity.
P8 - URBAN CATCHMENT MODEL
A program for predicting polluting particle passage through
pits, puddles, and ponds; prepared for IEP, Inc. and Narragansett
Bay Project USEPA/RIDEM by William W. Walker, Jr.
PARCEL
All contiguous lands under the ownership or control of a
landowner, land occupier, or land user.
PEAK RUNOFF RATE
The maximum rate at which stormwater is discharged from a
site as expressed in cubic feet per second.
PERCENT FINES
The percentage of a given sample of soil, which passes through
a No. 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
PERMIT
A written authorization made by the administering authority
to an applicant to conduct land development or land disturbing activities
or to discharge post-construction runoff within the City and to waters
of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the administering authority by the
permit applicant for the purpose of recouping the expenses incurred
by the authority in administering the permit.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county
or state agency within Wisconsin, the federal government or any combination
thereof.
PERVIOUS SURFACE
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 § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land development
or land disturbing activities and final site stabilization.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land development activity or land disturbing activity,
provided that the current stormwater drainage system is sufficient
to satisfy the requirements of this article. If the current stormwater
drainage system is insufficient to satisfy the requirements of this
article with respect to current existing land cover, "predevelopment
condition" shall mean that extent and distribution of land cover types
for which the current stormwater drainage system would be sufficient
to satisfy the requirements of this article.
PUBLIC LANDS
All publicly owned lands which are subject to regulation
by the City, including, but not limited to:
A.
All lands owned by the City.
B.
All lands which are owned by another unit of government if that
unit of government or the development project is legally subject to
erosion and stormwater runoff control by the City under this article
or by reference under other ordinances.
REDEVELOPMENT
Areas where development is replacing older development.
REGIONAL POND
A stormwater pond intended to serve multiple parcels and/or
developments, thus eliminating the need for individual on-site facilities.
REMOVAL
Cutting vegetation to the ground or stumps, complete extraction
or killing by spraying.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
RETENTION
The permanent storage of stormwater without discharge.
RUNOFF
The same as definition for "stormwater runoff."
SAFE CAPACITY
The rate of flow that can be handled by the receiving waterway
without causing flooding or erosion damage.
SEDIMENT
Solid material, both mineral and organic, that has been deposited
by water, is in suspension in water, is being transported or has been
removed from its site of origin by the processes of soil erosion or
is discharged into surface waters from other sources.
SENSITIVE RESOURCES
Natural resources that are sensitive to the impacts of urbanization,
specifically including ground water, cold-water springs, wetlands
with diverse functions and values and other unique resources.
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 development or land disturbing activity occurred.
SITE RESTRICTION
Any physical characteristic which limits the use of stormwater
best management practice as prescribed in the Wisconsin Stormwater
Manual published by the Wisconsin Department of Natural Resources.
STOP-WORK ORDER
A method of giving notice to the permittee that one or more
provisions of this article have been violated. Notice is given both
by posting upon the lands where the disturbing activity occurs one
or more copies of a poster stating the violation and by mailing a
copy of this poster by certified mail to the permittee at the address
shown on the permit.
STORM SEWER
A closed conduit for conducting collected stormwater.
STORMWATER DRAINAGE SYSTEM or DRAINAGE SYSTEM
All facilities used for conducting runoff to, through or
from a drainage area to the point of final outlet, including, but
not limited to, any of the following: conduits and appurtenant features,
canals, channels, ditches, streams, culverts, reservoirs, detention
basins, storm sewers, streets and pumping stations.
STORMWATER MANAGEMENT PLAN
A document that identifies what actions will be taken to
reduce stormwater quantity, volume, pollutant loads, thermal increases
to the receiving stream and/or erosion resulting from land development
activity to levels meeting the purpose and intent of this article
and the City of Prescott Lake St. Croix/Stormwater Management Master
Plan.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to reduce the discharge of
runoff and pollutants from hydrologic units on a regional or municipal
scale
STORMWATER RUNOFF
That portion of the precipitation falling during a rainfall
event, or that portion of snowmelt, that runs off the surface of the
land and into the natural or artificial conveyance or drainage network.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TOP OF THE CHANNEL
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% continually for at least 50 feet.
If the slope of the land is 12% 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.
TR-55
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.
TYPE II DISTRIBUTION
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.
WETLANDS
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophilic vegetation
and which has soils indicative of wet conditions. These wetlands include
natural, mitigation, and restored wetlands.
WPDES STORMWATER PERMIT
A permit issued by the Wisconsin Department of Natural Resources
under § 283.31, Wis. Stats., that authorizes the point source
discharge of stormwater to waters of the state.
An application for a stormwater management permit under this
article shall be accompanied by a permit administration fee in the
amount prescribed in the City's fee schedule.
Appeals shall be made in the form of a written document to the
Zoning Board of Appeals.
A. Upon receipt of the appeal, the Zoning Board of Appeals shall:
(1) Hear
and decide appeals where it is alleged that there is error in any
order, requirement, decision or determination made by the administering
authority in administering this article.
(2) Authorize
upon appeal in specific cases such variances from the terms of this
article as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of
this article will result in practical difficulty or unnecessary hardship,
so that the spirit of this article shall be observed, public safety
and welfare secured and substantial justice done.
B. The rules, procedures, duties, and powers of the Zoning Board of
Appeals shall apply to this article.