As used in this chapter, the following terms shall have the
meanings indicated:
1997 SETTLEMENT AND COOPERATION AGREEMENT
The Settlement and Cooperative Agreement entered into by
and between the Village of Pleasant Prairie, the Pleasant Prairie
Water Utility, the Pleasant Prairie Sewer Utility District D, the
Pleasant Prairie Sewer Utility District 1 and the Pleasant Prairie
Sewer Utility District F and the Town of Bristol, the Town of Bristol
Utility District No. 3, the Town of Bristol Utility District No. 5
and the Town of Bristol Water Utility District.
AGRICULTURAL LAND USE
The use of the land for the planting, growing, cultivating
and harvesting of crops for human or livestock consumption and the
pasturing or yarding of livestock.
BEST MANAGEMENT PRACTICE (BMP)
A structural or nonstructural measure, practice, technique
or device employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state or any other waterways in
the Village.
BUSINESS DAY
A day the office of the Village is routinely and customarily
open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbance construction
activity that is being conducted without a valid permit.
CONSTRUCTION SITE
An area upon which land disturbance construction activities
occur, including areas that are part of a larger plan of development
or sale where multiple separate and distinct land disturbance construction
activities may be taking place at different times on different schedules
but under one plan.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DNR TECHNICAL STANDARD
The DNR, in accordance with § NR 151.31, Wis. Adm.
Code, approved Stormwater Construction and Post-Construction Technical
Standards. These standards set forth specific minimum requirements
needed to plan, design, install and maintain a wide array of conservation
practices aimed at preserving the land and water resources of Wisconsin.
They are based on current research, field experience, the best available
technology.
DRAINAGEWAY or WATERWAY
A river, streambed, or defined overland swale or channel
utilized for the passage of water, sediment or other materials from
one area to another.
EROSION
The process by which the land's surface is worn away by the
action of wind, water, ice or gravity.
EROSION CONTROL PLAN
A comprehensive land disturbance plan developed to address
pollution caused by erosion and sedimentation of soil particles or
rock fragments during construction, including a written description
of the number, location, sizes, and other pertinent information of
control measures designed to meet the requirements of this chapter
submitted by the applicant for review and approval by the Village.
FINAL STABILIZATION
All land disturbance 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
LAND DISTURBANCE CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography, stormwater drainage 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 or other waterways in the Village. Land disturbance construction
activity includes clearing and grubbing, demolition, excavating, pit
trench dewatering, filling and grading activities.
LAND DIVISION
Any division or conveyance of land or of any interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision, large lot subdivision or minor land division. Notwithstanding the foregoing definition, the creation of any condominium, other than a conversion condominium or condominium involving a maximum of one principal building per lot or parcel, shall be deemed to be a land division. A land division can be legally created or accomplished only by means of a preliminary and final plat approved by the Village Board or, in the case of a condominium, by means of condominium instruments approved by the Village Board in accordance with the provisions of Chapter
395.
LAND USER
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
LAND-DEVELOPING ACTIVITY
The construction of building(s), house(s), building or housing
additions, road(s), parking lot(s), driveway(s), sidewalk(s), patio(s),
or other similar facilities.
LANDOWNER
Any person holding title to or having interest in land.
MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices (BMPs)
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.
This provides flexibility to the Village Engineer in evaluating ways
to meet the performance standards, which may vary on a case-by-case
basis depending on the performance standard and site conditions.
MINOR LAND ACTIVITY
Land disturbance activities that are limited to small landscaping
or other minor projects that involves a limited area and minor fill
quantities, as may be determined by the Village.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable
outcome for a facility or practice.
POLLUTANT
Defined pursuant to § 283.01(13), Wis. Stats.
POLLUTION
Defined pursuant to § 281.01(10), Wis. Stats.
RUNOFF
The stormwater or precipitation, including rain, snow- or
ice-melt, irrigation or similar water that moves on the land surface
via sheet or channelized flow.
SEDIMENT
The settleable solid material that is transported by runoff,
suspended within runoff or deposited by runoff away from its original
location.
SITE
The entire area included in the legal description of the
land on which the land disturbance or land-developing activity is
proposed in the permit application.
STOP-WORK ORDER
An order issued by the Village which requires that all construction
activity on the site be stopped.
STORM SEWER
A part of the stormwater drainage system which consists of
a pipe or conduit for collecting and/or conveying stormwater runoff
or unpolluted water.
STORMWATER DRAINAGE SYSTEM
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: is designed or used for collecting water or conveying runoff;
is not part of a combined sewer system; and discharges directly or
indirectly to waters of the state or other waterways in the Village.
SUPERVISED DRAINAGE BASIN AREA
Pursuant to the 1997 Settlement and Cooperation Agreement,
those portions of the Village of Bristol within the drainage basins
tributary to the Village of Pleasant Prairie, as defined on Attachment
G of the 1997 Settlement and Cooperation Agreement on file with the
Village Clerk.
Maximum extent practicable applies when a person who is subject
to a performance standard of this chapter demonstrates, in writing,
with engineering rationale and data, to the Village Engineer's satisfaction
that a performance standard is not achievable and that a lower level
of performance is appropriate. In demonstrating that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, the
best available technology, cost effectiveness, geographic features,
and other competing interests such as protection of public safety
and welfare, protection of endangered and threatened resources, and
preservation of historic properties shall be taken into account.
The following methods of enforcement in any combination thereof
are authorized against any landowner or responsible party that is
found to be in violation of any provision of this chapter:
A. Stop-work order. The Village may issue a stop-work order if the work
being done does not comply with Village standards, is not being done
correctly, does not have required approvals or permits from the Village
or other agencies having jurisdiction, or is deemed unsafe to the
public.
B. Compliance order. The Village shall notify the owner in writing of
any noncomplying activity. The compliance order shall describe the
nature of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action that may be taken.
C. Forfeiture. Any person violating any of the provisions of this chapter
is subject to a forfeiture of not less than $50 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. If the violations are likely to result in damage to private properties,
public facilities, waters of the state or other waterways in the Village,
the Village may take emergency actions necessary to prevent such damage.
E. The owner or responsible party is responsible for any costs incurred
by the Village to bring the violation into compliance with any compliance
order. The Village shall mail an invoice for any such work to the
owner or responsible party. All invoices shall be paid within 30 days.
For invoices not paid within 30 days, there is a penalty of 1.5% per
month due on the unpaid invoice balance, along with an additional
10% penalty if the outstanding invoice, interest, and penalty are
placed on the tax roll (a lien against the property). The right of
the Village to assess a lien against the property shall be one of
the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a money judgment for any invoices
which are past due.
F. The Village may seek enforcement of violations of this chapter through
a court of equity located in Kenosha County.
Any appeal to this chapter shall be pursuant to Chapter
18, Article
V, Zoning Board of Appeals, of this Code.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.