As used in this chapter, the following terms will have the meanings
indicated:
ADEQUATE SOD, or SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the streambank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
AGRICULTURAL ACTIVITY AREA
The part of the farm where there is planting, growing, cultivating
and harvesting of crops for human or livestock consumption and pasturing
or outside yarding of livestock, including sod farms and silviculture.
Practices in this area may include waterways, drainage ditches, diversions,
terraces, farm lanes, excavation, filling and similar practices. The
agricultural activity area does not include the agricultural production
area.
AGRICULTURAL PRODUCTION AREA
The part of the farm where there is concentrated production
activity or impervious surfaces. Agricultural production areas include
buildings, driveways, parking areas, feed storage structures, manure
storage structures, and other impervious surfaces. The agricultural
production area does not include the agricultural activity area.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States, Volume
8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
A calendar year of precipitation, excluding snow, which is
considered typical. For purposes of this chapter, average annual rainfall
means measured precipitation in Green Bay, Wisconsin, between March
29 and November 25, 1969.
BEST MANAGEMENT PRACTICE(S) or BMP(S)
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 that the office of the City Engineer 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 or in
violation of a permit issued by the City Engineer.
CITY ENGINEER
The City of Fond du Lac City Engineer or his authorized deputy(s)
or employees.
COMMON PLAN OF DEVELOPMENT OR SALE
A 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. A common plan of
development or sale includes, but is not limited to, subdivision plats,
certified survey maps, and other developments.
CONNECTED IMPERVIOUSNESS
An impervious surface connected to the waters of the state
via a separate storm sewer, an impervious flow path, or a minimally
pervious flow path.
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.
CONTAMINATED STORMWATER
Stormwater that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, byproducts or industrial machinery in the
source areas listed in Ch. NR 216, Wis. Adm. Code.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall. The Atlas 14, NRCS MSE4 distribution,
twenty-four-hour design storms for the City of Fond du Lac are: one-year,
2.23 inches; two-year, 2.55 inches; five-year, 3.13 inches; ten-year,
3.69 inches; twenty-five-year, 4.57 inches; fifty-year, 5.33 inches;
and one-hundred-year, 6.16 inches.
DEVELOPMENT
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
sand or gravel surficial deposits, mine shafts, nonmetallic mines,
tile inlets discharging to groundwater, quarries, or depressional
groundwater recharge areas over shallow fractured bedrock.
DISCHARGE
The release of stormwater or adding, introducing, releasing,
leaking, spilling, casting, throwing, or emitting any pollutant, or
placing any pollutant in a location where it is likely to pollute
waters of the state.
DIVISION OF LAND
The creation from one or more parcels or building sites of
additional parcels or building sites where such creation occurs at
one time or through the successive partition within a five-year period.
DRAINAGE PLAN
The drainage plan shall also show existing and proposed grades
of the lot on which the building is to be constructed and any adjoining
property in sufficient detail to indicate surface water drainage before
and after the completion of grading. The drainage plan shall also
show existing trees, drainage patterns and significant land features
and buildings, and typical proposed drainage swale details as may
be required.
[Added 3-28-2018 by Ord.
No. 3660]
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
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.
EXISTING DEVELOPMENT
Development in existence on October 1, 2004, or development
for which a stormwater permit in accordance with Subchapter III of
Ch. NR 216, Wis. Adm. Code, was received on or before October 1, 2004.
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.
FEE IN LIEU
A payment of money to the City of Fond du Lac in place of
meeting all or part of the stormwater management performance standards
required by this chapter.
FILTERING LAYER
Soil that has at least a three-foot deep layer with at least
20% fines; or at least a five-foot deep layer with at least 10% fines;
or an engineered soil with an equivalent level of protection as determined
by the City Engineer.
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.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, cash escrow or similar guarantees submitted to the
City Engineer by the responsible party to assure that requirements
of this chapter are carried out in compliance with the stormwater
management plan.
GROUNDWATER
Any of the waters of the state occurring in a saturated subsurface
geological formation of rock or soil.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
HIGH GROUNDWATER LEVEL OR SUBSURFACE SATURATION
The higher of either the elevation to which the soil is saturated
as observed as a free water surface in an unlined hole, or the elevation
to which the soil has been seasonally or periodically saturated as
indicated by soil color patterns throughout the soil profile.
HIGHWAY
Has the meaning given in § 340.01(22), Wis. Stats.
ILLICIT CONNECTIONS
Either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
that allows an illicit discharge to enter the MS4, including but not
limited to any conveyances that allow any non-stormwater discharge,
including sewage, process wastewater, and wash water, to enter the
MS4 and any connections to the MS4 from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted,
or approved by the City of Fond du Lac or State of Wisconsin; or
B.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by the City of Fond du Lac or State
of Wisconsin.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharge not requiring a WPDES permit
such as landscape irrigation, individual residential car washing,
firefighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
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. Gravel surfaces are considered impervious,
unless specifically designed to encourage infiltration.
INDUSTRIAL ACTIVITY
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code, and Ch. 283, Wis. Stats.
INFILL
An undeveloped area of land located within an existing urban
sewer service area, surrounded by development or development and natural
or man-made features where development cannot occur. Infill does not
include any undeveloped area that was part of a larger new development
for which a stormwater permit was required under this chapter or by
Subchapter III of Ch. NR 216, Wis. Adm. Code.
INFILTRATION
The entry of precipitation or runoff into or through the
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.
LAND DISTURBING CONSTRUCTION ACTIVITY OR DISTURBANCE
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 pollutants into the municipal separate storm
sewer or waters of the state. Land-disturbing construction activity
includes clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, and soil stockpiling.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management and best management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is
not equivalent to a performance standard identified within this chapter.
Maximum extent practicable applies when the permit applicant demonstrates
to the City Engineer's satisfaction that a performance standard is
not achievable and that a lower level of performance is appropriate.
In making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the permit applicant shall take
into account 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.
MINOR RECONSTRUCTION OF A HIGHWAY
Reconstruction of a highway that is limited to 1.5 miles
in continuous or aggregate total length of realignment and that does
not exceed 100 feet in width of roadbed widening, and that does not
include replacement of a vegetated drainage system with a nonvegetated
drainage system except where necessary to convey runoff under a highway
or private road or driveway.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
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 the following
criteria:
A.
Is owned or operated by a municipality.
B.
Is designed or used for collecting or conveying stormwater.
C.
Is not part of a combined sewer system.
D.
Is not part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
MUNICIPALITY
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
NEW DEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being created or expanded. Any disturbance where the
amount of impervious area for the post-development condition is greater
than the predevelopment condition is classified as new development.
For purposes of this chapter, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
NRCS MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United
States Department of Agriculture, Natural Resources Conservation Service,
using precipitation data from Atlas 14.
OFF SITE
Located outside the property boundary described in the permit
application.
ON SITE
Located within the property boundary described in the permit
application.
OUTFALL
The point at which stormwater is discharged to waters of
the state, to a storm sewer, or off site.
OWNER
Any person holding fee title, an easement or other interest
in property. May also include a person allowed to undertake cropping,
livestock management, land-disturbing construction activity or maintenance
of stormwater BMPs on the property.
PEAK DISCHARGE
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a predetermined storm or flood.
[Added 5-25-2022 by Ord. No. 3752]
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 City Engineer to the
applicant to conduct land-disturbing construction activity or to discharge
post-construction runoff to waters of the state.
PERMIT ADMINISTRATION FEE
A sum of money paid to the City Engineer by the permit applicant
for the purpose of recouping the expenses incurred by the authority
in administering the permit.
PERSON
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
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
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
POLLUTION
Any man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
POST-DEVELOPMENT
The extent and distribution of land cover types present after
the completion of land-disturbing construction activity and final
site stabilization.
PREDEVELOPMENT
The 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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
REDEVELOPMENT
That portion of a post-construction site where impervious
surfaces are being reconstructed, replaced, or reconfigured. Any disturbance
where the amount of impervious area for the post-development condition
is equal to or less than the predevelopment condition is classified
as redevelopment. For purposes of this chapter, a post-construction
site is classified as new development, redevelopment, routine maintenance,
or some combination of these three classifications as appropriate.
RESPONSIBLE PARTY
The owner or any other entity performing services to meet
the requirements of this chapter through a contract or other agreement.
ROUTINE MAINTENANCE
That portion of a post-construction site where predevelopment
impervious surfaces are being maintained to preserve the original
line and grade, hydraulic capacity, drainage pattern, configuration,
or purpose of the facility. Remodeling of buildings and resurfacing
of parking lots, streets, driveways, and sidewalks are examples of
routine maintenance, provided that the lower 1/2 of the impervious
surface's granular base is not disturbed. The disturbance shall be
classified as redevelopment if the lower 1/2 of the granular base
associated with the predevelopment impervious surface is disturbed
or if the soil located beneath the impervious surface is exposed.
For purposes of this chapter, a post-construction site is classified
as new development, redevelopment, routine maintenance, or some combination
of these three classifications as appropriate.
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 part of a publicly owned wastewater treatment works that
provides secondary or more stringent treatment.
D.
Discharges directly or indirectly to waters of the state.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting
operations, reforestation, tree thinning, prescribed burning, and
pest and fire control. Clearing and grubbing of an area of a construction
site is not a silviculture activity.
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 or on which land-disturbing construction
activity occurred.
STATE
The State of Wisconsin.
STOP-WORK ORDER
An order issued by the City Engineer which requires that
all construction activity on the site be stopped.
STORMWATER
Runoff from precipitation, including rain, snow, ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has under gone final stabilization
following completion of the construction activity.
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 POLLUTION PREVENTION PLAN or SWPPP
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
TARGETED PERFORMANCE STANDARD
A performance standard that will apply in a specific area
where additional practices beyond those contained in this chapter
are necessary to meet water quality standards. A total maximum daily
load is an example of a targeted performance standard.
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.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants, specified as a function of one
or more water quality parameters, that can be discharged per day into
a water quality limited segment and still ensure attainment of the
applicable water quality standard.
TOTAL PHOSPHORUS (TP)
The sum of all the forms of phosphorus, dissolved or particulate,
including orthophosphate, condensed phosphate, and organic phosphate
in water.
[Added 5-25-2022 by Ord. No. 3752]
TOTAL SUSPENDED SOLIDS (TSS)
The sum of dissolved solids plus suspended and settleable
solids in water. Suspended solids include silt and clay particles,
plankton, algae, fine organic debris, and other particulate matter
that will not pass through a two-micron filter.
[Added 5-25-2022 by Ord. No. 3752]
TP-40
Technical Paper No. 40, Rainfall Frequency Atlas of the United
States, published in 1961.
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, which is incorporated by reference for this chapter.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail, or any other public work for transportation
purposes such as harbor improvements under § 85.095(1)(b),
Wis. Stats. "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 DNR pursuant to § 281.33,
Wis. Stats.
TYPE II DISTRIBUTION
A rainfall type curve as established in the United States
Department of Agriculture, Natural Resources Conservation Service
(previously Soil Conservation Service), Technical Paper 149, published
in 1973.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
A natural or artificial channel through which water flows.
These channels include all perennial streams (blue lines) and intermittent
streams (dashed blue lines) on the United States Geological Survey
(USGS) quadrangle maps, all streams and canals shown on the Natural
Resources Conservation Service (NRCS) soil survey maps, all channels
identified on the site, and new channels that are created as part
of a development. The term "watercourse" includes waters of the state.
WATERS OF THE STATE
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within Wisconsin or its jurisdiction.