[Adopted as Title 15, Ch. 2, of the 1997 Code]
This article is adopted pursuant to the guidelines in § 62.234,
Wis. Stats.
The following definitions shall be applicable in this article:
AGRICULTURAL LAND USE
Use of land for planting, growing, cultivating and harvesting
of crops for human or livestock consumption and pasturing or yarding
of livestock.
COMMERCIAL LAND USE
Use of land for the retail or wholesale sale of goods or
services, including office parks where nonretail business takes place.
CONTROL MEASURE
A practice or combination of practices to control erosion
and attendant pollution (also known as "best management practice").
CONTROL PLAN
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of this article submitted by the applicant for review
and approval by the Building Inspector and/or City Engineer.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
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/woman to a new location and shall include the conditions
resulting therefrom.
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.
LAND DISTURBING ACTIVITY
Any change to the land surface which may result in soil erosion,
sedimentation or increase in water runoff, including but not limited
to tilling, removal of vegetative cover, stockpiling of soil, grading,
excavating, livestock grazing and filling of land.
LAND TREATMENT MEASURERS
Structural or vegetative practices (including fencing) used
to control erosion, sediment and water runoff (also known as "best
management practices").
LAND USER
Any person who uses land collectively or individually as
owner, operator, lessor or renter, or who occupies land by providing
work or service that requires alteration of the land, or any person
who has made other arrangements with a landowner which gives them
the right and/or responsibility for use of the land.
LANDOWNER
Any person holding title to or having any interest in land.
MAJOR LAND DISTURBING ACTIVITIES
Those activities where the land disturbance covers one or more acres, where a subdivision (as defined by Ch.
236, Wis. Stats.) is created, or where the Common Council, Plan Commission, City Engineer or Building Inspector determines that special circumstances due to topography, proximity to watercourses or relation to sensitive environmental area make the disturbance a major one.
MINOR LAND DISTURBING ACTIVITIES
Those activities where the land disturbance covers less than
one acre and the activities do not otherwise fall within the definition
of "major land disturbing activities."
PARCEL
All continuous lands under the ownership or control of a
land occupier or land user.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
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.
PUBLIC LANDS
All lands owned or controlled by any unit of government.
RUNOFF
Includes, but is not limited to, ice or water flowing over
the ground surface.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported to, or has been moved from its site of origin
by air, water, gravity or ice and has come to rest or has been deposited
on the earth's surface at another location.
SEDIMENTATION
The transportation and deposition of sediment that may ultimately
degrade water quality by the presence of suspended solid particles,
derived from soils by erosion or discharged into surface waters from
other sources, or the deposition of waterborne sediments in stream
channels, lakes, reservoirs, or on floodplains, usually resulting
from a decrease in the velocity of the water flow.
SITE
The entire area included in the legal description of the
land on which the land disturbing or land development activity is
proposed in the permit application.
SOIL LOSS
Soil removed from a given site by land disturbing activities
or by the forces of erosion and redeposited at another site.
STORM FREQUENCY
The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.
STORM SEWER
A closed conduit for conducting collected stormwater.
STORMWATER RUNOFF
The waters derived from rains falling within a tributary
drainage basin, flowing over the ground surface or collected in a
water drainage system.
STRUCTURAL MEASURES
Land treatments or best management practices intended to
prevent erosion, sediment or runoff that include, but are not limited
to, gully control structures, grass waterways, riprap, detention basins
or ponds, sediment basins or ponds, infiltration basins or trenches,
flood-retention dams, diversions, and lining channels with rock concrete
or other materials. Contour strip cropping is not considered a structural
measure under this article.
WATER 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 or ponds, storm sewers, streets, and pumping stations.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday or Friday, excluding,
however, any such day officially observed by the City as a legal holiday.
Also referred to as "business day."
All control measures required to comply with this article shall
be measures based on accepted design criteria, standards and specifications
periodically established by the United States Natural Resources Conservation
Service, Wisconsin Department of Natural Resources or otherwise identified
as acceptable by the Building Inspector or City Engineer. Where design
criteria, standards or specifications conflict, the most restrictive
provisions shall apply.
All sedimentation basins and other control measures necessary
to meet the requirements of this article shall be maintained consistent
with the maintenance provisions contained in the "Wisconsin Construction
Site Best Management Practice Handbook" by the applicant or subsequent
landowner during the period of land disturbance and land development
of the site in a satisfactory manner to ensure adequate performance
and to prevent nuisance conditions.
The following terms have the meanings set forth:
DEVELOPED PROPERTY
Property which has been altered from its natural state by
the addition of any improvements such as a building, structure, impervious
surface, change upgrade or landscaping.
DUPLEX UNIT
A residential space containing two dwelling units.
DWELLING UNIT
One or more rooms that are arranged, designed or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included
for each dwelling unit.
EQUIVALENT RUNOFF UNIT or ERU
The unit by which a stormwater utility charge is calculated.
The term "ERU" represents the estimated average horizontal impervious
area of single-family homes within the City of Brodhead on the date
of the adoption of this article. The horizontal impervious area includes,
but is not limited to, all areas covered by structures, roof extensions,
patios, porches, driveways and sidewalks. One ERU is established as
3,000 square feet.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
A horizontal surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks,
parking lots, driveways and other similar surfaces.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow
without distinguishing the source.
MULTIFAMILY UNIT
A residential space consisting of three or more dwelling
units.
NONRESIDENTIAL PROPERTY
Any developed lot or parcel other than residential property
as defined herein, including but not limited to transient rentals
(such as hotels and motels), mobile home parks, commercial, industrial,
institutional governmental property and parking lots.
RESIDENTIAL PROPERTY
Any lot or parcel developed exclusively for residential purposes,
including single-family homes, duplex units, multifamily units, but
not including transient rentals (such as hotels and motels), and mobile
home parks.
STORMWATER SYSTEM
Any natural or man-made stormwater conveyance facility operated
or maintained by the City, including, but not limited to, retention/detention
ponds, ditches, storm sewer, roads and navigable and non-navigable
waterways.
SUPERINTENDENT
The Street Superintendent of the City of Brodhead or his
or her designee.