As used in this article, 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 Village Board, Village of Fox Crossing, to administer this article and for the purpose of this article shall be the Director of Community Development and/or Director of Public Works.
AGRICULTURAL ACTIVITY AREAThe 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 AREAThe 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 14The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
BEST MANAGEMENT PRACTICE or BMPStructural 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 DAYA day the office of the Department of Community Development or 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 SALEA 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.
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.
DESIGN STORMA hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. The TP-40, Type II, twenty-four-hour design storms for the Village of Fox Crossing are: one-year, 2.3 inches; two-year, 2.6 inches; five-year, 3.4 inches; ten-year, 3.9 inches; twenty-five-year, 4.5 inches; fifty-year, 5.0 inches; and one-hundred-year, 5.5 inches. The Atlas 14, MSE4, twenty-four-hour design storms for the Village of Fox Crossing are: one-year, 2.19 inches; two-year, 2.51 inches; five-year, 3.09 inches; ten-year, 3.62 inches; twenty-five-year, 4.42 inches; fifty-year, 5.10 inches; and one-hundred-year, 5.83 inches.
DEVELOPMENTResidential, commercial, industrial, institutional, or other land uses and associated roads.
DIVISION OF LANDThe 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.
EROSIONThe process by which the land's surface is worn away by the action of wind, water, ice or gravity.
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.
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.
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.
MEP or MAXIMUM EXTENT PRACTICABLEThe highest level of performance that is achievable but is not equivalent to a performance standard identified within this article. "Maximum extent practicable" applies when the permit applicant demonstrates to the Director of Community Development and/or Director of Public Works' 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.
MSE3 OR MSE4 DISTRIBUTIONA specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
PERFORMANCE STANDARDA narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMITA written authorization made by the Department of Community Development or Department of Public Works to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
PROTECTIVE AREAHas the meaning given in Article
II, Post-Construction Stormwater Management, of this chapter.
RESPONSIBLE PARTYAny entity holding fee title to the property or performing services to meet the performance standards of this article through a contract or other agreement.
RUNOFFStormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
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 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 ACTIVITIESActivities 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.
SITEThe entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
STOP-WORK ORDERAn order issued by the Director of Community Development, Director of Public Works, or their designee, which requires that all construction activity on the site be stopped.
TARGETED PERFORMANCE STANDARDA performance standard that will apply in a specific area, where additional practices beyond those contained in this article are necessary to meet water quality standards. A total maximum daily load is an example of a targeted performance standard.
TECHNICAL STANDARDA document that specifies design, predicted performance and operation and maintenance specifications for a BMP material, device or method.
TOTAL MAXIMUM DAILY LOAD or TMDLThe 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.
TP-40The Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
TR-55The United States Department of Agriculture, Natural Resource 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 article.
TYPE II DISTRIBUTIONA rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973, which is incorporated by reference for this article. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.