As used in this chapter, the following terms shall have the
meanings indicated:
1997 SETTLEMENT AND COOPERATION AGREEMENT
The Settlement and Cooperative Agreement entered into by
and between the Village of Pleasant Prairie, the Pleasant Prairie
Water Utility, the Pleasant Prairie Sewer Utility District D, the
Pleasant Prairie Sewer Utility District 1 and the Pleasant Prairie
Sewer Utility District F and the Town of Bristol, the Town of Bristol
Utility District No. 3, the Town of Bristol Utility District No. 5
and the Town of Bristol Water Utility District.
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.
ATLAS 14
The National Oceanic and Atmospheric Administration NOAA)
Atlas 14 Precipitation-Frequency Atlas of the United States. Volume
8 (Midwestern States), published for the location closest to the municipality.
AVERAGE ANNUAL RAINFALL
A typical calendar year of precipitation as determined by
the Wisconsin Department of Natural Resources for users of models
such as WinSLAMM, P8 or equivalent methodology. The average annual
rainfall is chosen from a department publication for the location
closest to the municipality.
BEST MANAGEMENT PRACTICE (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 or other waterways in the Village.
BUSINESS DAY
A day the office of the Village is routinely and customarily
open for business.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a stormwater
drainage system or water of the state via an impervious flow path.
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 public and private roadways.
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.
DNR TECHNICAL STANDARD
The DNR, in accordance with § NR 151.31, Wis. Adm.
Code, approved Stormwater Construction and Post-Construction Technical
Standards. These standards are documents that specify the minimum
requirements needed to plan, design, install and maintain a wide array
of conservation practices aimed at preserving the land and water resources
of Wisconsin. They are based on current research, field experience,
the best available technology.
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.
FINAL STABILIZATION
All land disturbance 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.
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.
INFILL DEVELOPMENT
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,
the 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 DISTURBANCE 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 or other
waterways in the Village. Land disturbance construction activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering,
filling and grading activities.
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance
of stormwater management practices.
MAXIMUM EXTENT PRACTICABLE
A level of implementing best management practices (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.
This provides flexibility to the Village Engineer in evaluating ways
to meet the performance standards and which may vary on a case-by-case
basis depending on the performance standard and site conditions.
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.
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
Defined pursuant to § 283.01(13), Wis. Stats.
POLLUTION
Defined pursuant to § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land disturbance
construction activity and final site stabilization inspected and approved
by the Village.
PREDEVELOPMENT CONDITION
The extent and distribution of land cover types present before
the initiation of land disturbance construction activity, provided
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 widths stated in §
298-8B, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this chapter "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
REDEVELOPMENT
Areas where development is replacing older development.
RUNOFF
Stormwater or precipitation, including rain, snow or ice
melt, or similar water that moves on the land surface via sheet or
channelized flow.
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 or other development activity is not a silviculture activity.
SITE
The entire area included in the legal description of the
land on which the land disturbance construction activity occurred.
STOP-WORK ORDER
An order issued by the Village which requires that all construction
activity on the site be stopped.
STORM SEWER
A part of the stormwater drainage system which consists of
a pipe or conduit for collecting and or conveying stormwater runoff
or unpolluted water.
STORMWATER DRAINAGE SYSTEM
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: is designed or used for collecting water or conveying runoff;
is not part of a combined sewer system; and discharges directly or
indirectly to waters of the state or other waterways in the Village.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to address stormwater management
and performance standards of a specific site or overall development
area.
STORMWATER MANAGEMENT SYSTEM PLAN
A comprehensive plan designed to address stormwater management
and performance standards and goals on a regional or municipal scale.
SUPERVISED DRAINAGE BASIN AREA
Pursuant to the 1997 Settlement and Cooperation Agreement,
those portions of the Village of Bristol within the drainage basins
tributary to the Village of Pleasant Prairie, as defined on Attachment
G of the 1997 Settlement and Cooperation Agreement on file with the
Village Clerk.
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 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.
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, in writing,
with engineering rationale and data, to the Village Engineer's satisfaction,
that a performance standard is not achievable and that a lower level
of performance is appropriate. In demonstrating that a performance
standard is not achievable and that a level of performance different
from the performance standard is the maximum extent practicable, 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 shall be taken into account.
The following methods shall be used in designing and meeting
the performance standards for the stormwater management plan:
A. Department of Natural Resources (DNR) technical standards identified,
developed, or disseminated by the DNR under Subchapter V of Ch. NR
151, Wis. Adm. Code.
B. Where DNR technical standards have not been identified or developed
by the DNR, other technical standards may be used, provided that the
methods have been approved by the Village.
C. Technical engineering standards administered and/or approved by the
Village.
D. For the purposes of this chapter, the following year and location
have been selected as average annual rainfall: Milwaukee 1969 (March
28 to December 6).
The following methods of enforcement in any combination thereof
are authorized against any landowner or responsible party that is
found to be in violation of any provision of this chapter:
A. Stop-work order. The Village may issue a stop-work order if the work
being done does not comply with Village standards, is not being done
correctly, does not have required approvals or permits from the Village
or other agencies having jurisdiction, or is deemed unsafe to the
public.
B. Compliance order. The Village shall notify the owner in writing of
any noncomplying activity. The compliance order shall describe the
nature of the violation, remedial actions needed, a schedule of remedial
action, and additional enforcement action that may be taken.
C. Forfeiture. Any person violating any of the provisions of this chapter
is subject to a forfeiture of not less than $50 nor more than $1,000
and the costs of prosecution for each violation. Each day a violation
exists shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. If the violations are likely to result in damage to private properties,
public facilities, waters of the state or other waterways in the Village,
the Village may take emergency actions necessary to prevent such damage.
E. The owner or responsible party is responsible for any costs incurred
by the Village to bring the violation into compliance with any compliance
order. The Village shall mail an invoice for any such work to the
owner or responsible party. All invoices shall be paid within 30 days.
For invoices not paid within 30 days, there is a penalty of 1.5% per
month due on the unpaid invoice balance, along with an additional
10% penalty if the outstanding invoice, interest, and penalty are
placed on the tax roll (a lien against the property). The right of
the Village to assess a lien against the property shall be one of
the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a money judgment for any invoices
which are past due.
F. The Village may seek enforcement of violations of this chapter through
a court of equity located in Kenosha County.
The following shall constitute a public nuisance and may be
prosecuted as a violation by the Village or by any aggrieved property
owners:
A. Any development, redevelopment, or property land division that is
commenced without an approved stormwater management plan as required
by this chapter.
B. Any stormwater facility not maintained in accordance with this chapter
and the required discharge permit.
C. Any activity that adversely impacts surface water or groundwater
quality or endangers the health, safety or welfare of the public.
D. Any property owner that does not obtain an active discharge permit
pursuant to this chapter or comply with the requirements of such permit.
Any appeal to this chapter shall be pursuant to Chapter
18, Article
V, Zoning Board of Appeals, of this Code.
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.