As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITYA governmental employee, or a regional planning commission empowered under § 60.627, Wis. Stats., that is designated by the Town Board to administer this ordinance.
AGRICULTURAL FACILITIES AND PRACTICESHas the meaning in § 281.16(1), Wis. Stats. Maximum extent practicable applies when a person who is subject to a performance standard of this ordinance demonstrates to the Director of Public Works or designees' 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.
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 Director of Public Works or designee 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 or in violation of a permit issued by the Director of Public Works or designee.
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 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 long-range planning document that describes separate construction projects, such as a twenty-year transportation improvement plan, is not a 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.
DIVISION OF LANDThe creation from one parcel of two or more parcels or building sites of five or fewer acres each in area 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.
EROSION AND SEDIMENT CONTROL PLANA comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
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 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 that employ equivalent permanent stabilization measures.
LAND-DISTURBING CONSTRUCTION ACTIVITYAny 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.
LANDOWNERAny 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.
MAXIMUM EXTENT PRACTICABLEThe highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with this ordinance.
PERFORMANCE STANDARDA narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMITA written authorization made by the Director of Public Works or designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANTThe meaning given in § 283.01(13), Wis. Stats.
POLLUTIONThe meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTYThe landowner or any other entity performing services to meet the requirements of this ordinance 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.
SILVICULTURE ACTIVITYActivities 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 Public Works or designee which requires that all construction activity on the site be stopped.
TECHNICAL STANDARDA document that specifies design, predicted performance and operation and maintenance specifications for a material, device, or method.
TRANSPORTATION FACILITYA 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.
WATERS OF THE STATEThose portions of Lake Michigan and Lake Superior within the boundaries of this state, and 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.