If a court of competent jurisdiction determines any section,
clause, provision, or portion of this chapter to be unconstitutional
or invalid, the remainder of the chapter shall remain in force and
unaffected.
As used in this chapter, the following terms shall have the
meanings indicated:
AGENCY
The Village Engineer or such designee of the Village Engineer
as may be authorized by the Village Board.
AGRICULTURAL ACTIVITY
Beekeeping; commercial feedlots; dairying; egg production;
floriculture; fish or fur farming; grazing; livestock raising; orchards;
poultry raising; raising of grain, grass, mint, and seed crops; raising
of fruits, nuts and berries; sod farming; placing land in federal
programs in return for payments in kind; and vegetable raising.
APPLICANT
The responsible party of a site subject to this chapter.
APPLICATION REVIEW FEE
Money paid to the County by the permit applicant for recouping
the expenses incurred by it in administering the provisions of this
chapter.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize the amounts of sediment or
pollutants carried in runoff to waters of the state.
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 the terms of a permit.
CHANNEL
Any natural or artificial watercourse constructed, developed,
and utilized for the drainage of surface waters.
CLEAN FILL
Uncontaminated soil, brick, building stone, concrete, reinforced
concrete, or broken pavement.
CONSTRUCTION SITE
An area upon which one or more land-disturbing activities
occur, including areas that are part of a larger common plan of development
or sale where multiple separate and distinct land-disturbing activities
may be taking place at different times on different schedules but
under one plan.
DEVELOPMENT
Residential, commercial, industrial, or institutional land
uses and associated roads.
DISTURBED
A site which, due to development or land-disturbing activities,
has experienced or will experience disturbance or destruction of the
existing land surface and/or vegetative cover.
DIVISION OF LAND
The division of an existing lot or land parcel; the creation
of a condominium unit; division of an interest in real property (including
land for a public facility) by the owner thereof for the purpose of
sale or building development.
DNR
The Wisconsin Department of Natural Resources.
EROSION
The process by which the land's surface is worn away
by the action of wind, water, ice, or gravity.
FACILITIES DEVELOPMENT MANUAL
The most recent edition of the Facilities Development Manual
published by the Wisconsin Department of Transportation.
FINAL SITE STABILIZATION
A condition where 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 involves equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee submitted to the Village of
Footville by a permit holder to assure that the measures required
by this chapter are carried out in compliance with an erosion and
sediment control plan.
GULLY EROSION
A severe loss of soil caused by concentrated flow of sufficient
velocity to create a defined flow channel.
KARST FEATURE
An area or surficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit for groundwater,
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND-DISTURBING ACTIVITY
Any man-made alternation of the land surface resulting in
a change in the topography or existing vegetative and nonvegetative
soil cover, or the existing soil topography, that may result in runoff
and lead to an increase in soil erosion and movement of sediment into
waters of the state. Land-disturbing activity includes, but is not
limited to, clearing and grubbing, demolition, excavating, pit trench
dewatering, filling and grading activities, but does not include agricultural
land use or silviculture activities.
LAND USER
Any person operating upon, leasing, or renting land, or having
made any other arrangements with the landowner by which the person
engages in uses of land that are subject to this chapter.
LANDOWNER
Person holding title to or having an interest in a parcel
of land that includes a site subject to this chapter.
MAXIMUM EXTENT PRACTICABLE
A level of implementing 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. "Maximum extent practicable"
allows flexibility in the means used to meet the performance standards
and may vary based on the performance standard and site conditions.
NRCS
The Natural Resources Conservation Service, a division of
the United States Department of Agriculture.
OFF-SITE
Located outside the property boundary described in a permit
application for land-disturbing activity.
PERFORMANCE STANDARD
A narrative or measurable quantity specifying the minimum
acceptable outcome for a facility or practice.
PERMIT
A written authorization issued by the Agency to an applicant
for the conduct of land disturbing construction activity or the discharge
of post-construction runoff to waters of the state.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the rainfall
that falls upon it. Lawns, gardens, parks, forests, or other similar
vegetated areas are examples of surfaces that typically are pervious.
PLAN
See "Erosion and Sediment Control Plan" (above).
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
QUASI-PUBLIC
Essentially public, as in services rendered, although under
private ownership or control.
R FACTOR
A numeric value used in erosion modeling to account for the
total precipitation, intensity and duration patterns of precipitation
events.
RESPONSIBLE PARTY
Any person or entity holding fee title to the property or
performing services to meet the performance standards of this chapter
through a contract or other agreement.
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 draining to a stormwater treatment device or system;
D.
Discharges directly or indirectly to waters of the state.
SHEET AND RILL EROSION
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling, a relatively
uniform loss across the exposed layer of the soil, or shallow irregular
scouring of the soil subsurface.
SHEET FLOW RUNOFF
Water, usually storm runoff, flowing in a thin layer over
the ground surface; also called overland flow.
SHORELAND OVERLAY DISTRICT
An area within 1,000 feet of the ordinary high water mark
of navigable lakes, ponds or flowages, or within 300 feet of the ordinary
high water mark of navigable rivers or streams, or to the landward
of the floodplain, whichever distance is greater.
SITE
The entire area included in the legal description of the
land described in a permit application on which land disturbing construction
activity is proposed to take place or has occurred.
SITE INSPECTION
An in-person observation of the site by the Agency to determine
compliance with this chapter.
STABILIZED
A condition in which all disturbed ground, soil or soil storage
piles have been contained on site by filter barriers, fences, straw
bales, or other BMPs.
STOP-WORK ORDER
An order issued by the Agency that requires that all construction
activity on the site be stopped.
TECHNICAL REVIEW COMMITTEE
One or more individuals, as may be selected by the Village
Engineer, to advise and assist the engineer in performing his/her
duties as provided for in this chapter.
TECHNICAL STANDARD
A document that specifies design, predicted performance and
operation and maintenance specifications for a material, device or
method.
TRACKING PAD
A temporary graveled access located at points of vehicular
ingress and egress to or from a construction site designed to retain
sediment on-site.
WATERS OF THE STATE
All lakes, bays, rivers, streams, 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.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday, or Friday, excluding
any such day officially observed by the Village as a legal holiday.