The following definitions shall apply to this chapter:
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities
such that the physical integrity of the stream bank or lakeshore is
preserved. Self-sustaining vegetative cover includes grasses, forbs,
sedges and duff layers of fallen leaves and woody debris.
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission
empowered under § 61.354, Wis. Stats., that is designated
by the Village Board to administer this chapter.
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 as determined by the Wisconsin Department of Natural
Resources for users of models such as WinSLAMM, P8 or equivalent methodology.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize sediment or pollutants carried
in runoff to waters of the state.
BUSINESS DAY
A day the office of the Village of Grafton 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.
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 occur, 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.
DEVELOPMENT
Residential, commercial, industrial or institutional land
uses and associated roads.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface,
mine shafts, nonmetallic mines, tile inlets discharging to groundwater,
quarries or depressional groundwater recharge areas over shallow fractured
bedrock.
DIVISION OF LAND
The creation from one parcel of five or more parcels or building
sites of 1 1/2 or fewer acres each in area, where such creation
occurs at one time or through successive partition within a five-year
period.
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.
EXTRATERRITORIAL
The unincorporated area within 1 1/2 miles of the corporate
limits of the Village of Grafton.
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 regulatory authority for the site.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction
site have been completed and that 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.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantees submitted to the Director
of Public Works/Village Engineer by the responsible party to assure
that requirements of the ordinance are carried out in compliance with
the stormwater management plan.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system 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.
ILLICIT DISCHARGE
Any direct or indirect non-stormwater discharge to the Village of Grafton's municipal separate storm sewer system (MS4) except as exempted in §
23.01.095D.
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.
IN-FILL AREA
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.
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 roadside 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 to groundwater
and may include caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps or swallets.
LAND-DISTURBING CONSTRUCTION ACTIVITY
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 sediment into waters of the state. Land-disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest
in property which allows the person to undertake cropping, livestock
management, land-disturbing construction activity or maintenance of
stormwater BMPs on the property.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MEP or MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices 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.
MEP allows flexibility in the way to meet the performance standards
and may vary based on the performance standard and site conditions.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Publicly owned facilities 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.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped
land or agricultural land uses.
NRCS MSE3 OR 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.
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 Director of Public Works/Village
Engineer or designee 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 Director of Public Works/Village
Engineer by the permit applicant for the purpose of recouping the
expenses incurred by the authority in administering the permit.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing
construction activity and final site stabilization.
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.
PROTECTIVE AREA
An area of land that commences at the top of the channel
of lakes, streams and rivers, or at the delineated boundary of wetlands,
and that is the greatest of the following widths, as measured horizontally
from the top of the channel or delineated wetland boundary to the
closest impervious surface.
REDEVELOPMENT
Areas where development is replacing older development.
RESPONSIBLE PARTY
Any entity holding fee title to the property or other person
contracted or obligated by other agreement to implement and maintain
post-construction stormwater BMPs.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt or similar water, that moves on the land surface via sheet or
channelized flow.
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.
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 occurred.
STOP-WORK ORDER
An order issued by the Director of Public Works/Village Engineer
or designee which requires that all construction activity on the site
be stopped.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of
pollutants from stormwater after the site has undergone 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.
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.
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.
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 Department pursuant to § 281.33,
Wis. Stats.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States
Department of Agriculture, Soil Conservation Service, Technical Paper
149," published 1973.
"Maximum extent practicable" applies when a person who is subject
to a performance standard of this chapter demonstrates to the Department
of Public Work/Village Engineer's or designee'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
responsible party 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.
The fees referred to in other sections of this chapter shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review at the Department of Public Works, 1300
Hickory Street, Grafton, Wisconsin.
If any section, clause, provision or portion of this chapter
is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall remain in force and not be affected
by such judgment.
This chapter shall be in force and effect from and after its
adoption and publication.