The following definitions shall be applicable in this Chapter:
(a) Definitions Established. The following definitions shall be applicable in this Chapter:
(1) Administrative Authority.
A governmental employee, or a regional planning commission empowered under Sec. 61.354, Wis. Stats., that is designated by the Village Board to administer this Chapter.
(2) Agricultural Activity Area.
The part of the farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavations, filling and similar practices. The agricultural activity area does not include the agricultural production area.
(3) Agricultural Facilities and Practices
. Has the meaning given in Sec. 281.16, Wis. Stats.
(4) Agricultural Production Area.
The part of a farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the "agricultural activity area".
(5) Average Annual Rainfall.
A calendar year of precipitation, excluding snow, which is considered typical.
(6) Best Management Practice ("BMP").
Structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
(7) Business Day.
A day the Office of Village Engineer is routinely and customarily open for business.
(8) Cease and Desist Order.
A court-issued order to halt land disturbing construction .activity that is being conducted without the required permit.
(9) Combined Sewer System.
A system for conveying both sanitary and stormwater runoff.
(10) Common Plan of Development or Sale.
A 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 common plan of development or sale includes, but is not limited to, subdivision plats, certified survey maps, and other developments.
(11) Connected Imperviousness.
An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
(12) Construction Site.
An area upon which one (1) or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale.
(13) Design Storm.
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(14) Development.
Residential, commercial, industrial, institutional, or other land uses and associated roads.
(15) Division of Land.
The creation from one parcel of five (5) or more parcels or building sites of four (4) or fewer acres each in area where such creation occurs at one time or through the successive partition within a five (5) year period.
(16) 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.
(17) Erosion.
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
(18) Exceptional Resource Waters.
Waters listed in NR 102.11, Wis. Adm. Code.
(19) Extraterritorial.
The unincorporated area within three (3) miles of the corporate limits of a first, second or third class city, or with one and one-half (1 1/2) miles of a fourth class city or village.
(20) 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 seventy percent (70%) of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
(21) Financial Guarantee.
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village Administrator-Clerk-Treasurer or Engineer by the responsible party to assure that requirements of the Chapter are carried out in compliance with the stormwater management plan.
(22) Governing Body.
The Village Board of the Village of Edgar.
(23) Highway.
Has the meaning given in Sec. 340.01(22), Wis. Stats.
(24) Highway Reconditioning.
Has the meaning given in Sec. 84.013(1)(b), Wis. Stats.
(25) Highway Reconstruction.
Has the meaning given in Sec. 84.013(1)(c), Wis. Stats.
(26) Highway Resurfacing.
Has the meaning given in Sec. 84.013(1)(d), Wis. Stats.
(27) 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. Gravel surfaces are considered impervious, unless specifically designed to encourage infiltration.
(28) In-Fill Area.
An undeveloped area of land located within existing development.
(29) Infiltration.
The entry of precipitation or runoff into or through the soil.
(30) 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.
(31) 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.
(32) Land Development Activity.
Any construction-related activity that results in the addition or replacement of impervious surfaces such as rooftops, roads, parking lots, and other structures. Measurement of areas impacted by land development activity includes 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.
(33) Land Disturbing Construction Activity (Disturbance).
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative 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, and soil stockpiling.
(34) Maintenance Agreement.
A legal document that provides for long-term maintenance of stormwater management and best management practices.
(35) 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 the performance standards and may vary based on the performance standard and site conditions.
(36) Minor Reconstruction of a Highway.
Reconstruction of a highway that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed one hundred (100) feet in width of roadbed widening.
(37) New Development.
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
(38) Off-Site.
Located outside the property boundary described in the permit application.
(39) On-Site.
Located within the property boundary described in the permit application.
(40) Ordinary High-Water Mark.
Has the meaning given in NR 115.03(6), Wis. Adm. Code.
(41) Outstanding Resource Waters.
Waters listed in NR 102.10, Wis. Adm. Code.
(42) Percent Fines.
The percentage of a given sample of soil, which passes through a #200 sieve.
(43) Performance Standard.
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
(44) Permit.
Written authorization made by the Village Engineer to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
(45) Permit Administration Fee.
A sum of money paid to the Village of Edgar by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
(46) 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.
(47) Pollutant.
Has the meaning given in Sec. 283.01(13), Wis. Stats.
(48) Pollution.
Has the meaning given in Sec. 281.01(I 0), Wis. Stats.
(49) Post-Construction Site.
A construction site following the completion of land disturbing construction activity and final site stabilization.
(50) Post-Development.
The extent and distribution of land cover types present after the completion of land disturbing construction activity and final site stabilization.
(51) Pre-Development.
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.
(52) Preventive Action Limit.
Has the meaning given in NR 140.05(17), Wis. Adm. Code.
(53) Redevelopment.
Areas where development is replacing older development.
(54) 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 BMP's.
(55) Routine Maintenance.
That portion of a post-construction site where pre- development impervious surfaces are being maintained to preserve the original line and grade, hydraulic capacity, drainage pattern, configuration, or purpose of the facility. Remodeling of buildings and resurfacing of parking lots, streets, driveways, and sidewalks are examples of routine maintenance, provided the lower one-half (1/2) of the impervious surface's granular base is not disturbed. The disturbance shall be classified as redevelopment if the lower one-half (1/2) of the granular base associated with the pre-development impervious surface is disturbed or if the soil located beneath the impervious surface is exposed.
(56) Runoff.
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
(57) 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.
(58) Site.
The entire area included in the legal description of the land on which the land disturbing construction activity occurred.
(59) Stop Work Order.
An order issued by the Village Engineer which requires that all construction activity on the site be stopped.
(60) 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.
(61) 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.
(62) Technical Standard.
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
(63) 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 twelve percent (12%) continually for at least fifty (50) feet. If the slope of the land is twelve percent (12%) or less continually for the fifty (50) feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
(64) 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.
(65) Transportation Facility.
A public street, a public road, a public highway, 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 Sec. 85.095(l)(b), Wis. Stats.
(66) Type II Distribution.
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.
(67) Village Engineer.
The professional engineer or certified building inspector designated by the Village Board to administer this Chapter, and includes any other persons supervised by the professional engineer or certified building inspector.
(68) Waters of the State.
Has the meaning given in Sec. 281.01(18), Wis. Stats.