The following terms, wherever they appear in this chapter, are
defined as follows:
AFFECTED
That a regulated activity has significantly:
A.
Caused negative impacts on water quality or the use or maintenance
of one's property or business; or
B.
Endangered one's health, safety, or general welfare.
AGRICULTURAL
Related to or used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry
enterprises, grazing, nurseries, horticulture, viticulture, truck
farming, forestry, sod production, cranberry productions and wild
crop harvesting. Clearing and grubbing of an area or structural development
are not agricultural activity.
BANK EROSION
The removal of soil or rock fragments along the banks or
bed of a stream channel resulting from high flow after rain events.
BASIN
The total area drained by a waterway as designated by the
Village Engineer or the total area drained by any of the waterway's
tributaries, exclusive of any other drainage area.
BMP or BEST MANAGEMENT PRACTICE
A practice, technique, or measure that is an effective, practical
means of preventing or reducing soil erosion or water pollution, or
both, from runoff both during and after land development activities.
These can include structural, vegetative or operational practices.
COMMERCIAL
For the retail or wholesale sale of goods or services.
CONNECTED IMPERVIOUSNESS
An impervious surface that is directly connected to a separate
storm sewer or water of the state via an impervious flow path.
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.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the resulting
conditions.
EXISTING DEVELOPMENT
Buildings and other structures and impervious area existing
prior to August 22, 2001.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved to a new location and shall include the resulting conditions.
GRADING
Altering the elevation of the land surface by stripping,
excavating, filling, stockpiling of soil materials or any combination
thereof and shall include the land from which the material was taken
or upon which it was placed.
GULLY EROSION
A severe loss of soil caused by or resulting in concentrated
flow of sufficient velocity to create a defined flow channel.
HEAVILY DISTURBED SITE
A site where an area of land is subjected to significant
compaction due to the removal of vegetative cover or earthmoving activities,
including filling.
HYDROLOGIC SOIL GROUP (HSG)
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
IMPERVIOUS SURFACE
Any land cover that prevents rain or melting snow from soaking
into the ground, such as roofs (including overhangs), roads, sidewalks,
patios, driveways and parking lots. For purposes of this chapter,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious, unless specifically designed to encourage
infiltration and approved by the local approval authority.
INFILTRATION
A.
Refers to any precipitation that does not leave the site as
surface runoff.
B.
The process by which rainfall or runoff seeps into 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 road side 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 ACTIVITIES
Any land alterations or disturbances that may result in soil
erosion, sedimentation, or change in runoff, including but not limited
to removal of ground cover, grading, excavating, and filling of land.
LANDOWNER
Any person holding title to or having an ownership interest
in land.
LIGHTLY DISTURBED SITE
A site where an area of land is subjected to minor compaction
due to the limited removal of vegetative cover or earthmoving activities.
LOCAL LAND DIVISION ORDINANCE
Any county, city, Village or town ordinance adopted under
Chapter 236, Wis. Stats., to regulate the division of land.
MAJOR LAND-DISTURBING ACTIVITIES
Those activities where:
A.
The land disturbance exceeds 20,000 square feet in area; or
B.
The slope of the land exceeds 6%; or
C.
The Village Engineer determines that special circumstances due
to topography, proximity to watercourses or relation to sensitive
environmental areas make the disturbance a major one.
MAXIMUM EXTENT PRACTICABLE (MEP)
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 performance standards and
may vary based on the performance standard and site conditions.
MINOR LAND-DISTURBING ACTIVITIES
Those activities where:
A.
The land disturbance does not exceed 20,000 square feet in area;
and
B.
The slope of the land does not exceed 6% throughout the site.
NEW DEVELOPMENT
Any of the following activities:
A.
Structural development, including construction of a new building
or other structures;
B.
Expansion or alteration of an existing structure that results
in an increase in the surface dimensions of the building or structure;
C.
Land-disturbing activities; or
D.
Creation or expansion of impervious surface.
NONEROSIVE VELOCITY
A rate of flow of stormwater runoff, usually measured in
feet per second, that does not erode soils. Nonerosive velocities
vary for individual sites, taking into account topography, soil type,
and runoff rates.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from the predetermined storm or
flood.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak
into the ground.
POST-DEVELOPMENT
Refers to the extent and distribution of land cover types
anticipated to occur under conditions of full development of the submitted
plan. This term is used to match pre- and post-development stormwater
peak flows as required by the chapter.
PREDEVELOPMENT
Refers to the extent and distribution of land cover types
present before the initiation of the proposed of land development
activity, assuming that all land uses prior to land-disturbing activity
are in "good" condition as described in the Natural Resources Conservation
Service Technical Release 55, "Urban Hydrology for Small Watersheds"
(commonly known as TR-55). This term is used to match pre- and post-development
stormwater peak flows as required by the chapter. In a situation where
the cumulative impervious surface created after August 21, 2001, exceeds
the twenty-thousand-square-foot threshold, the predevelopment conditions
shall be those prior to the proposed land disturbance.
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 extends horizontally for the width specified in §
163-11B(7)(a) from the top of the channel or delineated wetland boundary to the closest impervious surface. 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.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to §
163-6A.
RUNOFF CURVE NUMBER (RCN)
Has the meaning used in the runoff calculation methodology
promulgated by the United States Natural Resources Conservation Service
Engineering Field Manual for Conservation Practices.
SEDIMENT
Solid earth material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water, gravity or ice, and has come to rest on the
earth's surface at a different site.
SEDIMENTATION
The deposition of eroded soils at a site different from the
one where the erosion occurred.
SHEET AND RILL EROSION
A loss of soil caused by sheet flow or shallow concentrated
flow, and characterized by an absence of channeling or a relatively
uniform loss across the exposed upper layer of the soil or shallow
irregular scouring of the soil surface.
SITE
The bounded area described in an erosion control plan or
stormwater management plan.
SLOPE
The net vertical rise over horizontal run, expressed as a
percentage, which represents a relatively homogeneous surface incline
or decline over the area disturbed.
SOIL LOSS RATE
The rate, usually measured in tons per acre per year, at
which soil is transported beyond the perimeter of a given control
site and which occurs as a result of sheet and rill erosion. This
term does not apply to soil movement resulting from concentrated flow
such as gully or bank erosion.
STORM EVENTS
The precipitation amounts that occur over a twenty-four-hour
period that have a specified recurrence interval for Dane County,
Wisconsin. For example, one-, two-, ten-, and one-hundred-year storm
events mean the precipitation amounts that occur over a twenty-four-hour
period that have a recurrence interval of one, two, 10, and 100 years,
respectively.
STORMWATER
The flow of water which results from, and which occurs during
and immediately following, a rainfall, snow- or ice-melt event.
STORMWATER MANAGEMENT
Any measures taken to permanently reduce, or minimize the
negative impacts of stormwater runoff quantity and quality after land
development activities.
STORMWATER RUNOFF
The waters derived from rains falling or snowmelt or ice
melt occurring within a drainage area, flowing over the surface of
the ground and/or collected in channels, watercourses or conduits.
STREET RECONSTRUCTION
Removal and replacement of the road subgrade, where existing
stormwater conveyance systems are modified.
STRUCTURE
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon, or set into the
ground, stream bed or lake bed.
SUB-BASIN
A subdivision of a basin all of which drains to a single
identifiable location.
TMDL or TOTAL MAXIMUM DAILY LOAD
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. The USEPA and WDNR approved report
"Total Maximum Daily Loads for Total Phosphorus and Total Suspended
Solids in the Rock River Basin" dated July 2011 specifies an annual
percent reduction for pollutants necessary to meet the wasteload allocations
assigned to the Village of Cottage Grove.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with regulations unnecessarily burdensome or unreasonable in light
of the purposes of this chapter.
VILLAGE
The Village of Cottage Grove.
VILLAGE AGENT
The Erosion Control Officer, the Village Engineer, the Building
Inspector or any other Village employee or official assigned or charged
with the responsibility of administering and enforcing the requirements
of this chapter or any independent contractor retained by the Village
for such purpose.
VILLAGE ENGINEER
The individual, or the individual's designee, or the
firm, or a representative of the firm, appointed or retained by the
Village Board to routinely provide engineering services for the Village.
The design of all best management practices designed to meet
the requirements of this chapter shall comply with the following technical
standards:
A. Natural Resources Conservation Service's "Wisconsin's Field
Office Technical Guide, Chapter 4;" or its successor;
B. Applicable construction erosion control standards by the Wisconsin
Department of Natural Resources;
C. Any other technical methodology approved by the Dane County Conservationist.
Unless expressly exempted by §
163-7, an erosion control permit under §
163-9 shall be required and all construction site erosion control provisions of this chapter shall apply, to any of the following activities in Village of Cottage Grove;
A. Land-disturbing activity in excess of 4,000 square feet;
B. Land-disturbing activity on a slope of greater than 12%;
C. Land-disturbing activity that involves the excavation or filling,
or a combination of excavation and filling, in excess of 400 cubic
yards of material;
D. Land-disturbing activity that disturbs more than 100 lineal feet
of road ditch, grass waterway or other land area where surface drainage
flows in a defined open channel; including the placement, repair or
removal of any underground pipe, utility or other facility within
the cross-section of the channel;
E. Any new public or private roads or access drives longer than 125
feet;
F. Development that requires a subdivision plat, as defined in the applicable
local land division ordinance(s);
G. Land-disturbing activity that disturbs less than 4,000 square feet
of land, including the installation of access drives, that the local
approval authority determines to have a high risk of soil erosion
or water pollution, or that may significantly impact a lake, stream,
or wetland area. Examples of activities with a high risk of soil erosion
or water pollution may include, but are not limited to, land disturbance
on erodible soil or disturbance adjacent to lakes, rivers, streams
or wetlands. All such determinations made by the local approval authority
shall be in writing, unless waived by applicant.
Unless otherwise exempted by §
163-7, a stormwater control permit under §
163-9 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within the Village of Cottage Grove:
A. Any development(s) after August 22, 2001, that result(s) in the cumulative
addition of 20,000 square feet of impervious surface to the site;
B. Agricultural development that creates new impervious surface area
exceeding 20,000 square feet on the site;
C. Any development that requires a subdivision plat, as defined in applicable
local land division ordinance(s);
D. Any development that requires a certified survey map, as defined
in the applicable local land division ordinance(s); for property intended
for commercial or industrial use;
E. Redevelopment, as defined in §
163-2.
F. Other land development activities, including but not limited to redevelopment
or alteration of existing buildings and other structures, that the
local approval authority determines may significantly increase downstream
runoff volumes, flooding, soil erosion, water pollution or property
damage, or significantly impact a lake, stream, or wetland area. All
such determinations shall be made in writing unless waived by the
applicant.
Notwithstanding any other provisions of this chapter, it shall be a violation of this chapter for any person to create, permit, establish, maintain or allow to be maintained any condition or activity that causes excessive runoff or erosion to adjacent land, public streets or water bodies. Penalties and remedies may be sought for such activities as provided in §
163-17. Erosion and runoff is excessive when in the opinion of the Village Engineer or Building Inspector an unsafe condition results in the streets, sedimentation occurs in lakes and streams, environmentally sensitive lands are threatened, runoff endangers downstream property, or the public health, safety or general welfare of the citizens of the Village of Cottage Grove is otherwise threatened or harmed.