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Chapter 25. Construction Site Erosion Control

Sec. 25-25. Definitions

  (1) Administering authority means a governmental employee, or a regional planning commission empowered under s. 62.234, Wis. Stats., that is designated by the Common Council to administer this ordinance.

(2) Agricultural facilities and practices has the meaning given in s. 281.16, Wis. Stats.

(3) Average annual rainfall means a calendar year of precipitation, excluding snow, which is considered typical.

(4) Best management practice or BMP means 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.

(5) Business day means a day the office of the Director of Public Works or his designee is routinely and customarily open for business.

(6) Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit.

(7) Combined sewer system means a system for conveying both sanitary sewage and storm water runoff.

(8) Connected imperviousness means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

(9) Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.

(10) Development means residential, commercial, industrial or institutional land uses and associated roads.

(11) Division of land means the creation from one parcel, two or more parcels, regardless of size.

(12) Effective infiltration area means 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.

(13) Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(14) Exceptional resource waters means waters listed in s. NR 102.11, Wis. Adm. Code.

(15) Extraterritorial means the unincorporated area within 3 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.

(16) Final stabilization means 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.

(17) Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees, in a form acceptable to the City Attorney that is submitted to the Director of Public Works or his designee by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.

(18) Governing body means the Common Council of the City of Marshfield.

(19) Impervious surface means 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.

(20) In-fill area means an undeveloped area of land located within existing development.

(21) Infiltration means the entry of precipitation or runoff into or through the soil.

(22) Infiltration system means 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.

(23) Karst feature means 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.

(24) Land disturbing construction activity means 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 but is not limited to clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(25)     Maintenance agreement means a legal document that provides for long-term maintenance of storm water management practices.

(26) MEP or maximum extent practicable means a level of implementing best management practices in order to achieve a performance standard specified in this ordinance 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.

(27) New development means development resulting from the conversion of previously undeveloped land or agricultural land uses.

(28) Off-site means located outside the property boundary described in the permit application.

(29) On-site means located within the property boundary described in the permit application.

(30) Ordinary high-water mark has the meaning given in s. NR 115.03(6), Wis. Adm. Code.

(31) Outstanding resource waters means waters listed in s. NR 102.10, Wis. Adm. Code.

(32) Percent fines means the percentage of a given sample of soil, which passes through a # 200 sieve.

(33) Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(34) Permit means a written authorization issued by the Director of Public Works or his designee to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(35) Permit application fee means a sum of money paid to the City of Marshfield by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

(36) Pervious surface means 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.

(37) Pollutant has the meaning given in s. 283.01(13), Wis. Stats.

(38) Pollution has the meaning given in s. 281.01(10), Wis. Stats.

(39) Post-construction site means a construction site following the completion of land disturbing construction activity and final site stabilization.

(40) Pre-development condition means 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.

(41) Preventive action limit has the meaning given in s. NR 140.05(17), Wis. Adm. Code.

(42) Redevelopment means areas where development is replacing older development.

(43) Responsible party means any person or entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction storm water BMPs.

(44) Runoff means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(45) Separate storm sewer means 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 storm water treatment device or system, i.e. a treatment plant designed for the purpose of treating storm water.

(d) Discharges directly or indirectly to waters of the state.

(46) Site means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.

(47) Stop work order means an order issued by the Director of Public Works or his designee which requires that all construction activity on the site be stopped.

(48) Storm water management plan means a comprehensive plan designed to reduce the discharge of pollutants from storm water after the site has under gone final stabilization following completion of the construction activity.

(49) Storm water management system plan is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

(50) Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(51) Top of the channel means 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.

(52) TR-55 means 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.

(53) Type II distribution means 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.

(54) Waters of the state has the meaning given in s. 281.01 (18), Wis. Stats.