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Chapter 25. Construction Site Erosion Control

Sec. 25-05. 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 in s. 281.16(1), 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 soil, sediment or pollutants carried in runoff to waters of the state.

(5) Business day means a day that the office of the Director of Public Works 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) Construction site means an 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.

(9) Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporary 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) Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.

(13) Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction that meet the requirements of section 25-09.

(14) 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.

(15) 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 percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.

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

(17) 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.

(18) MEP or maximum extent practicable means 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.

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

(20) 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.

(21) 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.

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

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

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

(25) Responsible party means any person or entity holding fee title to the property or performing services to meet the performance standards of this ordinance through a contract or other agreement.

(26) 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.

(27) Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

(28) 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.

(29) Site means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.

(30) 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.

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

(32) 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.

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