As used in this chapter, the following terms shall have the
meanings indicated:
The City Administrator/Clerk-Treasurer, Building Inspector,
Director of Public Works, designated City representative(s) and Plan
Commission, depending on the type of project and its location.
Any person or entity holding fee title to the property or
their representative. The applicant shall become the "permit holder"
once a permit is issued. The applicant shall sign the initial permit
application form in accordance with Subsections A through E of this
definition, after which the applicant may provide the Designated City
Representative written authorization for others to serve as the applicant's
representative:
In the case of a corporation, by a principal executive officer
of at least the level of vice president or by the officer's authorized
representative having overall responsibility for the operation of
the site for which a permit is sought.
In the case of a limited liability company, by a member or manager.
In the case of a partnership, by the general partner.
In the case of a sole proprietorship, by the proprietor.
For a unit of government, by a principal executive officer,
ranking elected official or other duly authorized representative.
Structural and nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or other pollutants
carried in runoff.
See "working day."
The maps are drawn to specifications of the City of Amery
standards, if and when adopted.
All lands included within the boundary of a certified survey
map or subdivision plat created for the purpose of development or
sale of property where integrated, multiple, separate and distinct
land developing activity may take place at different times by future
owners.
The maps are drawn to specifications of the Polk County Automated
Land Information Standards, Manual of Standards and Procedures.
Certified Survey Map.
A hypothetical storm event of a depth of rainfall that would occur for the stated return frequency (i.e., once every two years or 10 years), duration (i.e., 24 hours) and timing of distribution (i.e., type II). All values are based on the historical rainfall records for the area. Design storms used in this chapter are summarized in § 367-30.
Each of the three tasks will have an entity that is designated
by the City Council by a majority vote and may be changed by the City
Council by resolution. A single entity may be designated by the City
Council to have one or more of the tasks. When referenced within this
chapter, it refers to that entity charged with the section appropriate
task or tasks, which may mean that it refers to more than one entity.
The removal of trapped water from a construction site to
allow land development or utility installation activities to occur.
Department of Natural Resources.
The area of the infiltration system that is used exclusively
to infiltrate runoff and does not include the area used for site access,
berms or pretreatment.
A composite of the best individual elements of the natural
resource base including surface water, streams, and rivers and their
associated floodlands and shorelands; woodlands, wetlands and wildlife
habitat; areas of groundwater discharge and recharge; organic soils,
rugged terrain and high-relief topography; and significant geological
formations and physiographic features.
Any area that, due to the natural resources present or the
lack of filtering capacity, is more susceptible to the adverse impacts
of sediment and other pollutants associated with erosion and urban
runoff. Examples include environmental corridors, direct hydrologic
connections to lakes, streams, wetlands, groundwater or other water
resources, or very coarse or shallow soils above groundwater or bedrock.
The process of detachment, transport and deposition of soil,
sediment or rock fragments by action of water, wind, ice or gravity.
A sum of money paid by the applicant for the purpose of recouping
the expenses incurred by the City in administering this chapter, reviewing
submittals and enforcement of this chapter, where monies not used
for this purpose will be returned to the applicant or where the expenses
exceed the paid monies the applicant will owe the City the difference.
A sum of money paid by the applicant for the purpose of recouping
the expenses incurred by the City in administering this chapter, reviewing
submittals and enforcement of this chapter.
Soil that has at least a three-foot deep layer with at least
20% that passes through a No. 200 sieve (fines); or at least a five-foot
deep layer with at least 10% that passes through a No. 200 sieve (fines);
or another medium exists with an equivalent level of protection, as
determined by the Designated City Representative.
A map of a proposed condominium or subdivision to be recorded
with the Polk County Register of Deeds pursuant to Wisconsin Statutes.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the City of Amery
by the applicant to assure that requirements of this chapter are carried
out in compliance with the stormwater permit.
The computerized mapping system that Polk County makes available
to the general public over the Internet.
Lands identified as groundwater recharge areas or where,
prior to any land disturbing or land development activity, precipitation
or runoff could only leave the area by infiltrating the ground, thereby
recharging the groundwater.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal nonstormwater discharge to enter the storm
drain system, including but not limited to sewage, process wastewater
and wash water, and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection
had been allowed, permitted, or approved by a government agency, prior
to the adoption of this chapter.
An area that releases all or a large portion of the precipitation
that falls on it, except for frozen soil. Conventional rooftops and
asphalt or concrete sidewalks, driveways, parking lots and streets
are typical examples of impervious surfaces. For purposes of this
chapter, typical gravel driveways and other examples listed shall
be considered impervious unless specifically designed to encourage
infiltration or storage of runoff.
Complying with a specific requirement would cause undue economic
hardship and special conditions exist that are beyond the control
of the applicant and would prevent compliance.
The entry of precipitation or runoff into or through the
soil.
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.
An area or geologic feature subject to bedrock dissolution
so that it is likely to provide a conduit to groundwater, and may
include caves, enlarged fractures, mine features, exposed bedrock
surfaces, sinkholes, springs, seeps or swallets.
Any construction-related activity that may ultimately result
in the addition of impervious surfaces, such as the construction of
buildings, roads, parking lots and other structures.
Any man-made alteration of the land surface that may result
in a change in the topography or existing vegetative or nonvegetative
soil cover, or may expose soil and lead to an increase in soil erosion
and movement of sediment. Land disturbing activity includes clearing
and grubbing for future land development, excavating, filling, grading,
building construction or demolition, and pit trench dewatering.
Used for analyzing open channel water flows. This means that
the water is open to the atmosphere so it is not flowing under pressure
as in ditches, culverts, and storm sewers. The mathematical equation
is:
|
V = [1.486/n] R2/3 S1/2
|
|
Where:
| |||
|
V
|
=
|
velocity in feet per second
| |
|
n
|
=
|
roughness coefficient, indicates resistance to flow
| |
|
R
|
=
|
hydraulic radius, calculated as area in square feet
| |
|
S
|
=
|
slope of the energy grade
| |
A level of implementing best management practices to achieve
a level of compliance with the performance standards that has been
approved by the Designated City Representative. In determining when
MEP has been achieved, the Designated City Representative shall take
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.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
All lakes, ponds, flowages, rivers and streams in Amery shall
be presumed to be navigable if they are listed in the Wisconsin Department
of Natural Resources' publication Surface Waters Resources of Polk
County, or are shown on the United States Geological Survey Quadrangle
Maps. Lakes, ponds, flowages, rivers and streams not included in these
documents may also be determined to be navigable. Also, Lake Superior,
Lake Michigan, all natural inland lakes within Wisconsin and all streams,
ponds, sloughs, flowages and other waters within the territorial limits
of this state, including the Wisconsin portion of boundary waters,
which are navigable under the laws of this state. Under § 281.31(2m),
Wis. Stats., notwithstanding any other provision of law or administrative
rule, a construction site erosion control and stormwater management
zoning ordinance authorized under § 62.234, Wis. Stats.,
does not apply to lands adjacent to farm drainage ditches if:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No more runoff may leave the site after development as did
before development.
Natural Resources Conservation Service.
Best management practices that are located outside of the
boundaries of the site covered by a permit application. Off-site BMPs
are usually installed as part of a regional stormwater management
plan approved by a local government.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristics.
A program for predicting polluting particle passage through
pits, puddles, and ponds; prepared for IEP, Inc. and Narragansett
Bay Project USEPA/RIDEM by William W. Walker, Jr.
The land use designated in the latest version of the Amery
land use plan or other document used by the City or Designated City
Representative.
A map of a proposed condominium or subdivision.
As per § 283.01(13), Wis. Stats., 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.
As per § 283.01(14), Wis. Stats., man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity
of water.
A map showing the salient features of a proposed condominium
or subdivision submitted to an approving authority for purposes of
preliminary consideration.
As per § NR 140.05(17), Wis. Adm. Code, a numerical
value expressing the concentration of a substance in groundwater which
is adopted under § 160.15, Wis. Stats., and § NR
140.10, NR 140.12 or NR 140.20, Wis. Adm. Code.
A land development, such as a public road or municipal building,
which is being funded solely by a unit of government. It does not
include new roads or other structures built with private funds, or
a combination of public and private funds, and subsequently dedicated
to a unit of government.
Land development that replaces previous land development
of similar impervious conditions.
A public agency that the Designated City Representative recognizes
as having the legal authority to review and approve erosion control
and stormwater management plans and enforce their implementation,
with requirements at least as restrictive as this chapter.
Any person or entity holding fee title to the property or
acting as the owner's representative, including any person, firm,
corporation or other entity performing services, contracted, subcontracted
or obligated by other agreement to design, implement, inspect, verify
or maintain the BMPs and other approved elements of erosion control
and stormwater plans and permits under this chapter.
As used in § 367-6 of this chapter, means any access drive that serves more than two residences or businesses.
Water from rain, snow or ice melt, or dewatering that moves
over the land surface via sheet or channelized flow.
The area landward of the ordinary high water mark within
the following distances: 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The area landward of the ordinary high water mark within
the following distances: 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater, or other area set forth
by ordinance or policy.
The entire area included in the legal description of which
the land disturbing or land development activity will occur.
All land disturbing activities are completed and a uniform,
perennial vegetative cover has been established on at least 70% of
the soil surface or other surfacing material is in place and the risk
of further soil erosion is minimal, as determined by the Designated
City Representative.
A publicly owned facility by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
The same as "runoff."
Any best management practice that is designed to collect
or manage the quantity or quality of stormwater runoff for an indefinite
time period and is incorporated into an approved stormwater management
plan to meet the requirements of this chapter. This term is a subset
of the term "best management practice" and distinct in that the BMPs
require long-term maintenance. Some examples include, but are not
limited to, wet or dry detention basin, infiltration trench or basin,
bioretention basin, stilling basin, green roof, filter strip, artificial
wetland, rain garden or any combination of these or other permanent
stormwater management practices, as determined by the Designated City
Representative.
Committee made up of members appointed and approved by the
City Council, and shall be a minimum of three members with a minimum
of one member from the Apple River Protection District Board and one
member from the Amery Lake Protection and Rehabilitation District
Board.
A written authorization made by the Designated City Representative
to the applicant to conduct land disturbing or land development activities
in accordance with the requirements of this chapter. A stormwater
permit regulates both construction site erosion and post-construction
stormwater runoff from a site.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development that meets the subdivision definition criteria under § 236.02(12),
Wis. Stats., or a more restrictive definition adopted by a local unit
of government.
A document that specifies design, predicted performance and
operation and maintenance requirements for a material, device or method.
An edge, or point on the landscape, commencing 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.
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.
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.
Present only where, in the absence of a variance, no reasonable
use can be made of the property.
A wire, pipe, tube or other conduit designed to distribute
or collect a product or service, including but not limited to electricity,
natural gas, oil, telecommunications, drinking water, stormwater,
sewage, or any combination of these items.
Seed or plant stock that is native to a prairie or wetland
setting. These types of plantings usually take a couple of years to
get established and require diligent removal of invasive species during
this time. Upon maturity, warm season plants generally have a deep
root system, which enhances infiltration.
As per § 281.01(18), Wis. Stats., includes 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 this
state or its jurisdiction.
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.
An area where a grouping of 10 or more trees exist that have
trunk diameters of at least four inches at four feet above the ground
surface. The boundaries of a woodland shall be defined by the canopy,
commonly referred to as the "drip line."
Any day that the Designated City Representative(s) routinely
and customarily is open for business, and does not include Saturday,
Sunday and any official City holidays.
A permit issued by the Wisconsin Department of Natural Resources
under § 283.31, Wis. Stats., and Chs. NR 151 and NR 216,
Wis. Adm. Code, which authorizes the discharge of stormwater from
construction sites, industrial facilities and selected municipalities
to waters of the state.
