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 PRACTICE
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; owning land, at least 35
acres of which is enrolled in the conservation reserve program under
16 U.S.C. §§ 3831 to 3835; and vegetable raising.
APPLICATION REVIEW FEE
Money paid to Village of Footville by the permit applicant
for recouping the expenses incurred by it in administering the provisions
of this chapter.
BANK EROSION
The removal of soil particles from a bank slope primarily
caused by water action, such as fluctuations in water volume and velocity,
but also by climatic conditions, ice and debris, chemical reactions,
and changes in land and stream use.
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.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction
activities are occurring, 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.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific
duration, temporal distribution, rainfall intensity, return frequency,
and total depth of rainfall.
DETENTION BASIN
A type of stormwater basin that has a direct outlet and serves
to reduce water velocity and volumes by releasing water at designed
flow rates to temporarily detain water flows.
DEVELOPMENT
Residential, commercial, industrial, or institutional land
uses and associated roads.
DISCHARGE VOLUME
The quantity of runoff discharged from the land surface as
the result of a rainfall event.
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.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate
runoff not including 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.
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.
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 Agency by
a permit holder to assure that measures required by this chapter are
carried out in compliance with a stormwater management plan.
HYDROLOGIC SOIL GROUP
A group of soils having similar runoff potential under the
same storm and cover conditions. Major hydrologic soil groups are
group A for sand, loamy sand or sandy loam; group B for silt loam
or loam; group C for sandy clay loam; group D for clay loam, silty
clay loam, sandy clay, silty clay or clay.
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 surfaces
that typically are impervious.
IN-FILL AREA
An undeveloped area of land located within existing development.
INFILTRATION
The entry of precipitation or runoff into or through the
soil.
INFILTRATION BASIN
A type of stormwater basin that has no direct outlet and
empties mainly by infiltration of water into the soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden
or swale designed specifically to encourage infiltration, not including
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.
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.
KETTLE
A naturally occurring, glacially derived, depression with
no surface water outlet, commonly identified by internal tick marks
on contour maps.
LAND DEVELOPMENT ACTIVITY
Any construction or residential or other urban or suburban
development resulting from the conversion of previously undeveloped
land or land used for agriculture.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative and 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, 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.
MAINTENANCE AGREEMENT
A legal document which provides for long-term maintenance
of stormwater management BMPs that is recorded with the County of
Rock Register of Deeds as a property deed restriction, so that it
is binding upon all subsequent owners of land served by the stormwater
management BMPs.
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 performance standards
and may vary based on the performance standard and site conditions.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or land used for agriculture.
NONRESIDENTIAL DEVELOPMENT
Development that is not residential including the following
land uses: commercial, industrial, government and institutional, recreation,
transportation, communication, and utilities.
NONSTRUCTURAL STORMWATER MANAGEMENT MEASURE
A practice, technique, or measure intended to reduce the
volume, peak flow rate, or pollutants in stormwater that does not
require the design or installation of structural stormwater management
facilities.
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 development or land redevelopment activity.
ON-SITE
Located within the property boundary described in a permit
application for land development or land redevelopment activity.
PERCENT FINES
The percentage of a given sample of soil that passes through
a #200 sieve.
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 on it. Lawns, gardens, parks, forests, or other similar
vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION
Following the completion of land-disturbing construction
activity and final site stabilization.
POST-DEVELOPMENT SITE CONDITION
The extent and distribution of land cover types anticipated
to occur under conditions of full development that will influence
rainfall runoff and infiltration.
PREDEVELOPMENT CONDITION
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.
PRETREATMENT
The treatment of stormwater prior to its discharge to the
primary stormwater treatment practice in order to reduce pollutant
loads to a level compatible with the capability of the primary practice.
QUASI-PUBLIC
Essentially public, as in services rendered, although under
private ownership or control.
REDEVELOPMENT
Areas where development is replacing older development.
RESIDENTIAL DEVELOPMENT
That which is created to house people, including residential
dwellings as well as all attendant portions of the development including
lawns, driveways, sidewalks, garages, and access streets. This type
of development includes single family, multifamily, apartments, and
trailer parks.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
obligated by contract or other agreement to implement and maintain
post-construction stormwater BMPs.
RESURFACING
Has the meaning given in § 84.013(1)(d), Wis. Stats.
RETENTION BASIN
A type of stormwater basin that has no direct outlet and
empties by infiltration or evaporation.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt
or similar water that moves on the land surface via sheet or channelized
flow.
RUNOFF CURVE NUMBER
A parameter that combines effects of soils, watershed characteristics
and land use to estimate the amount of runoff from land surfaces.
SEDIMENTATION BASIN
A type of stormwater basin for the purpose of capturing and
retaining any sedimentation flowing off of sites as a result of land
developing or land-disturbing construction activities.
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.
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.
SITE RESTRICTION
Any physical characteristic that limits the use of a stormwater
BMP or management measure.
SOURCE AREA
A type of land use from which stormwater pollutants are generated
during periods of snowmelt and rainfall runoff. Source areas include
rooftops, sidewalks, driveways, parking lots, storage areas, streets
and lawns.
STOP-WORK ORDER
An order issued by the Agency that requires that all construction
activity on the site be stopped.
STORMWATER
Precipitation runoff, snowmelt runoff, surface runoff, and
drainage.
STORMWATER BASIN
A catchment, created artificially, for the purposes of retaining,
detaining, or infiltrating stormwater. A stormwater basin may also
be designed to collect sedimentation.
STORMWATER MANAGEMENT PLAN
A Comprehensive Plan designed to reduce runoff and the discharge
of pollutants from stormwater after a site has undergone final stabilization
following the completion of construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
A Comprehensive Plan designed to reduce runoff and the discharge
of pollutants from hydrologic units on a regional or municipal scale.
STORMWATER SYSTEM
Waters of the state, drainage swales, stormwater basins,
storm sewers and pipes, storm drains, pumps and lift stations, roads
with drainage systems, streets, curbs, gutters, ditches, constructed
channels, culverts and all other appurtenances now and hereafter existing,
used or useful in connection with the collection, control, transportation,
treatment, or discharge of stormwater.
STRUCTURAL STORMWATER MANAGEMENT MEASURE
Source area BMPs, conveyance measures, and end-of-pipe treatment
that are designed to control stormwater runoff pollutant loads, discharge
volumes, and peak flow discharge rates.
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.
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.
TR-55
The National Resources Conservation Service, Urban Hydrology
for Small Watersheds, Second Edition, Technical Release 55, June 1986.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a
public-use airport, a public trail and 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 and are regulated by the Wisconsin Department of Natural
Resources pursuant to § 281.33, Wis. Stats.
TYPE II DISTRIBUTION
A 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.
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.
WETLAND FUNCTIONAL VALUE
The 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.
WETLANDS
An 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 wet conditions. These wetlands include
natural, mitigation, and restored wetlands.
WORKING DAY
Monday, Tuesday, Wednesday, Thursday, or Friday, excluding
any such day officially observed by the Village as a legal holiday.