As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITYA governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Board to administer this chapter.
APPLICANTAny landowner, land user(s), his agent, or contractor responsible for submitting and carrying out the requirements of this chapter. "Applicant" shall also mean any subsequent landowner to whom this chapter applies.
AVERAGE ANNUAL RAINFALLA calendar year of precipitation, excluding snow, which is considered typical. An average annual rainfall using either Green Bay 1969 (March 29 to November 25) or Milwaukee 1969 (March 28 to December 6) is applicable for the Village.
BMP or BEST MANAGEMENT PRACTICEStructural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BOARDThe Howards Grove Village Board.
BUSINESS DAYA day the office of the Department of Public Works is routinely and customarily open for business.
CEASE AND DESIST ORDERA court-issued order to halt land disturbing construction activity that is being conducted without the required permit.
COMMON PLAN OF DEVELOPMENT OR SALEAll lands included within the boundary of a certified survey or subdivision plat created for the purpose of development or sale of property where multiple separate and distinct land development activities may take place at different times and on different schedules.
CONNECTED IMPERVIOUSNESSAn impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
CONSTRUCTION SITEAn 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.
CUSTOMERAny person, owner or occupant, firm, partnership, corporation, municipality, cooperative organization, governmental agency or political entity provided with stormwater management services by the Village Stormwater Utility.
DEBT SERVICEWith respect to any particular fiscal year and any particular bond series, an amount equal to the sum of all interest payable on such bonds during such fiscal year, plus any principal installments of such bonds during such fiscal year.
DEPARTMENTThe Wisconsin Department of Natural Resources.
DESIGN STORM/RAINFALL EVENTA hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall. The storm duration shall be 24 hours. Twenty-four hour rainfall amounts for the Village are as follows:
A. TR 55:
| Frequency/Year | Total Rainfall (inches) |
|---|
| 1 | 2.0 |
| 2 | 2.5 |
| 5 | 3.3 |
| 10 | 3.8 |
| 25 | 4.4 |
| 50 | 4.8 |
| 100 | 5.3 |
B. Or as from "The Rainfall Frequency Atlas of the Midwest" (Floyd A. Huff and James R. Angel), Bulletin 71 of the Midwestern Climate Center (1992).
DEVELOPERReference Chapter
408, Subdivision of Land, of this Code.
DEVELOPMENTResidential, commercial, industrial or institutional land uses and associated roads that have impervious area.
DIRECTORThe Village Director of Public Works or his designee.
DISCHARGE VOLUMEThe quantity of runoff discharged from land surface as the result of a rainfall event.
EFFECTIVE INFILTRATION AREAThe area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
EQUIVALENT RUNOFF UNIT (ERU)The impervious area of a property relative to the statistical average impervious area of a single-family residential home within the Village. One ERU is equal to 3,780 square feet of impervious surface.
EROSIONThe process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLANA comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXISTING LAND USE CONDITIONThe condition of the adjacent properties that are present at the time of the stormwater permit application. This term applies only for the purpose of properly sizing stormwater BMPs and stormwater conveyance systems per the requirements of this chapter.
EXTRATERRITORIALThe 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.
FEE IN LIEUA payment of money to the Village in place of meeting all or part of the stormwater performance standards required by this chapter.
FINAL STABILIZATIONAll 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 employment of equivalent permanent stabilization measures.
FINANCIAL SECURITY/GUARANTEEA performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village by the responsible party to assure that requirements of this chapter are carried out in compliance with the stormwater management plan.
FISCAL YEARA consecutive twelve-month period commencing on the first day of January of any year.
GROSS AGGREGATE AREAThe total area, in acres, of all land located within the property boundary containing the land development activity.
GROUNDWATER ENFORCEMENT STANDARDA numerical value expressing the concentration of a substance in groundwater, which is adopted under § 160.07, Wis. Stats., and § NR 140.10, Wis. Adm. Code, or § 160.09, Wis. Stats., and § NR 140.12, Wis. Adm. Code.
GROUNDWATER PREVENTATIVE ACTION LIMITA numerical value expressing the concentration of a substance in groundwater, which is adopted under § 160.15, Wis. Stats., and § NR 140.12, Wis. Adm. Code, or § NR 140.20, Wis. Adm. Code.
IMPERVIOUS SURFACEA surface as measured on a horizontal plane which has been compacted or covered with a layer of material or improvements that reduce natural infiltration into the soil from rain water or snow melt. Impervious surfaces release as runoff all or a large portion of the precipitation that falls on them, except for frozen soil.
A. Impervious surfaces include but are not limited to all areas covered by structures, roof extensions and overhangs, patios, porches, driveways, loading docks, pools, sidewalks, sports courts and driveways or parking lots. Impervious area shall include driveway/access improvements that both serve a parcel leading to a public street and are not located on the subject parcel. Rooftops, sidewalks, driveways, parking lots and streets are examples of areas that typically are impervious.
B. Pervious surfaces include but are not limited to elevated decks that uniformly distribute drainage to underlying soil and areas of public streets or public sidewalks adjacent to a parcel with the exception of where a public sidewalk crosses a driveway.
INFILL and INFILL DEVELOPMENT AREAAn undeveloped area of land located within or surrounded by existing development, or existing development and natural or man-made features. These areas may be served by storm sewer drainage improvements. The Village may develop a map identifying parcels of land that constitute infill. The map shall be updated annually. As lands designated as infill are developed, the land shall no longer be classified as infill, even though the map has not yet been updated. Map updates shall not require Public Works Committee or Board approval.
INFILTRATIONThe entry of precipitation or runoff into or through the soil.
INFILTRATION SYSTEMA 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 roadside channels, designed for conveyance and pollutant removal only.
KARST FEATUREAn 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 DISTURBING CONSTRUCTION ACTIVITYAny 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 de-watering, filling and grading activities. Land disturbing construction activity excludes agricultural facilities and practices, silviculture activities, or routine maintenance for project sites that involve under five acres of land disturbance that are performed to maintain the original line and grade, hydraulic capacity, or original function of the facility.
LANDOWNERAny person holding title to or having an interest in land.
LAND USERAny person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his land.
MAINTENANCE AGREEMENTA legal document that provides for long-term maintenance of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLEA 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 the performance standard and site conditions.
NATURAL WETLANDSAn area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of perennial wet conditions.
NEW DEVELOPMENTDevelopment resulting from the conversion of previously undeveloped land or agricultural land uses.
NONDEVELOPEDProperties that have no improvements or impervious surface that contributes additional runoff.
NONRESIDENTIALAny developed property not used, primarily, as a permanent residence, such as a commercial, industrial or municipal/institutional property.
NONSTORMWATER DISCHARGEA discharge to the storm sewer/drainage system created by some process other than the runoff from precipitation.
NONSTRUCTURAL MEASUREA practice, technique, or measure to reduce the volume, peak flow rate, or pollutants in stormwater that does not require the design or installation of fixed stormwater management facilities.
NRCSThe Natural Resources Conservation Service of the United States Department of Agriculture (USDA) formerly known as the "SCS (Soil Conservation Service of the USDA)."
OFF SITELocated outside the property boundary described in the permit application.
ON SITELocated within the property boundary described in the permit application.
ON-SITE STORMWATER MANAGEMENT SYSTEMA system designed to both mitigate flood impacts and provide adequate treatment of pollutants in stormwater runoff. "Systems" are defined as being constructed on a particular parcel for which a customer is billed. "Systems" include but are not limited to rain gardens, cisterns, infiltration trenches, pretreatment systems, detention and wet detention/retention basins.
OPERATION AND MAINTENANCEThe current expenses, paid or accrued, of operation, maintenance and current repair of the system. The value shall be calculated using standard accounting practice and includes, without limitation, insurance premiums, administrative expenses, labor, executive compensation, regulatory compliance, materials and supplies used for current operations, and charges for accumulating reserves for current expenses not annually incurred, but which may be reasonably be expected to be incurred using standard accounting practices.
OTHER THAN RESIDENTIAL DEVELOPMENTDevelopment of land uses including but not limited to business park, commercial, industrial, government and institutional, recreation, transportation, communication and utilities.
PARCELThe legal unit of land division as recorded by the County Register of Deeds.
PERCENT FINESThe percentage of a given sample of soil which passes through a Number 200 sieve in accordance with the American Society for Testing and Materials, Volume 04.02, Test Method C117-95, Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing.
PERFORMANCE STANDARDA narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMITA written authorization made by the Director to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEEA sum of money paid to the Village by the permit applicant for the purpose of recovering the expenses incurred by the authority in administering the permit.
PERVIOUS SURFACEAn 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.
POLLUTANTHas the meaning given in § 283.01(13), Wis. Stats.
POLLUTIONHas the meaning given in § 281.01(10), Wis. Stats.
POPULATIONHas the meaning given in § 281.66(1)(c), Wis. Stats.
POST-CONSTRUCTION SITEA construction site following the completion of land disturbing construction activity and final site stabilization.
POST-DEVELOPMENT LAND USE CONDITIONThe extent and distribution of land cover types anticipated to occur under conditions of full development that will influence precipitation runoff and infiltration (also reference "proposed land use condition").
PREDEVELOPMENT CONDITIONThe 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. Section
330-23C(5) identifies the respective curve runoff numbers to be used. This term has the purpose of comparing pre- and post-development stormwater peak flows as required by this chapter.
PRETREATMENTThe treatment of stormwater prior to discharge to wetlands, infiltration practices or the primary stormwater treatment practice. The goal of pretreatment is to reduce pollutant loads to a level compatible with the capability of the primary practice.
PUBLIC DRAINAGE SYSTEMAll facilities owned and operated by the Village, County or Wisconsin Department of Transportation for the purpose of collecting, conveying, storing, treating, and disposing of stormwater.
QUALIFYING RECEIVING WATERA receiving body of water within the Village's corporate boundaries for which the Village has, or is expected to have, little or no debt service and/or capital improvement costs. Those portions of Pigeon River (and its tributaries) located within the Village corporate limits are qualifying receiving waters.
REDEVELOPMENTAreas where development is replacing older development.
REGIONAL STORMWATER MANAGEMENTThe consideration, evaluation and improvement of both significant natural and man-made drainage areas. Individual project sites typically are included in regional management areas.
RESIDENTIAL LAND DEVELOPMENTDevelopment that creates structures to house people. This includes residential dwelling units and surrounding property, including but not limited to lawns, driveways, sidewalks, garages, and access streets. This type of development includes single family, multifamily and apartments.
RESPONSIBLE PARTYAny entity holding fee title to the property or performing services to meet the performance standards of this chapter through a contract or other agreement.
REVENUEAll rates, charges, assessments, rentals, fines or other charges or other income received by the Village related to the management and operation of the system, including amounts received from the investment or deposit of monies in any fund or account and any amounts contributed by the Village, all as calculated using standard accounting principles.
RUNOFFStormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow. Impervious surfaces prevent runoff from naturally infiltrating into soil.
RUNOFF CURVE NUMBER or RCNAn index that represents the combination of a hydrologic soil group, land use, land cover, impervious area, interception storage, surface storage, and antecedent moisture conditions. RCNs convert mass rainfall into mass runoff. The NRCS identifies RCNs in TR-55.
SEDIMENTSettleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWERA 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.
SITEThe entire area included in the legal description of the land owned on which the land disturbing construction activity is proposed in the permit application.
A. The site's entire area shall include all lands within the subject property including public road rights-of-way and easements and the land area within the individual lot(s).
B. The site shall include all areas to be developed whether constructed in phases or in entirety. The Village has a right to reasonably presume there is an overall intent to develop an entire parcel or adjoining parcels of land over a period of time when the lands are owned by the same party or parties. This includes land adjacent to the Village corporate limits within the 1 1/2 mile extraterritorial jurisdiction.
C. Lands within the site may not be defined by smaller areas to avoid compliance with this chapter.
SITE RESTRICTIONAny physical characteristic that limits the use of a stormwater best management practice (BMP).
SLAMMThe Source Loading and Management Model.
STOP-WORK ORDERAn order issued by the Director which requires that all construction activity on the site be stopped.
STORMWATER CONVEYANCE SYSTEMAny method employed to direct stormwater runoff within and from land development or redevelopment activities to waters of the state. Examples include but are not limited to swales, channels and storm sewers.
STORMWATER MANAGEMENT MEASUREStructural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER MANAGEMENT PLANA comprehensive plan prepared by the land developer, landowner, or permit holder that is designed to reduce stormwater quantity and rates and pollutants from the post-development land use condition to levels that meet the requirements of this chapter. The plan applies to conditions after the site has undergone final stabilization following completion of the construction activity.
STORMWATER MANAGEMENT SERVICESThe tasks required to control stormwater runoff to protect the health, safety, and welfare of the public and comply with the State and Federal regulations. They include but are not limited to street sweeping, erosion control, stormwater basin improvements and maintenance, culvert and storm sewer maintenance, stormwater testing, stormwater management planning and related public education.
STORMWATER MANAGEMENT SYSTEMAll public storm sewers, drainage conduits and conveyances, roadside ditches, curb and gutter, and public greenways, and all improvements that are the property and responsibility of the Village and/or Stormwater Utility. These systems are operated to perform the following (without limitation): conserve water, control discharges from rainfall events, and incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.
STORMWATER MANAGEMENT SYSTEM PLANA comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
STORMWATER RUNOFFThat portion of precipitation that does not infiltrate into the soil and flows from the land surface into natural or man-made conveyances.
STORMWATER UTILITYThe utility established under this chapter for the purpose of managing stormwater and imposing charges to recover costs associated with stormwater management services.
TARGETED PERFORMANCE STANDARDA performance standard that will apply to a specific area that will require additional practices to meet water quality standards.
TECHNICAL STANDARDA document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method. The following methods shall be used to design the water quality, peak flow reduction and infiltration components of stormwater practices to meet the water quality standards of this chapter:
A. Technical standards identified, developed or disseminated by the Department through Ch. NR 151, Subch. V, Wis. Adm. Code.
B. Where technical standards have not been identified or developed by the Department, other technical standards may be used provided that the methods have been approved by the Village.
TOP OF THE CHANNELAn 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-55The 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 FACILITYA highway, railroad, public mass transit facility, public use airport, public trail and also includes any other public work for transportation purposes under § 85.095(1)(b), Wis. Stats. A 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 Department of Safety and Professional Services pursuant to § 281.33, Wis. Stats.
TYPE II DISTRIBUTIONA 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.
UNDEVELOPEDA real property parcel with no impervious area.
USER CHARGEThe charge established by the Public Works Committee and Board on developed property within the corporate limits allocated for operations, maintenance and administration; capital improvements; and debt service.
WETLAND FUNCTIONAL VALUEThe type, quality, and significance of the ecological and cultural benefits provided by wetland resources, such as: flood storage, water quality protection, groundwater recharge and discharge, shoreline protection, fish and wildlife habitat, floral diversity, aesthetics, recreation, and education.
WORKING DAYOne full day of time being between Monday and Friday (inclusive) and not including recognized holidays.
WPDESWisconsin Pollutant Discharge Elimination System.
WPDES STORMWATER PERMITA permit issued by the Department that authorizes the point source discharge of stormwater to waters of the state. It is issued under Ch. 283, Wis. Stats., and is regulated by Ch. NR 216, Wis. Adm. Code.