§ 16-8. Definitions and phrases.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agricultural land use: Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836 or lands that are part of other state and federal conservation programs; participating in the milk production termination program under 7 USC 1446(d); and vegetable raising (Wis. Stats. §§ 91.01 and 92.10).

Applicant: The landowner or one of the landowners and/or land users of a site subject to this chapter.

Aquic condition: A soil moisture regime nearly free of dissolved oxygen due to saturation by groundwater or its capillary fringe.

Average annual rainfall: A calendar year of precipitation, excluding snow, which is considered typical.

Best management practice or BMP: Structural or nonstructural measures, practices, techniques, or devices, employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

Clean fill: Uncontaminated soil, brick, building stone, concrete, reinforced concrete, broken pavement and unpainted or untreated wood.

Clearing: Any activity that removes vegetative cover.

Common plan of development: All lands included within the boundary of a certified survey map or subdivision plat created for the purpose of development or sale of property where integrated, multiple, separate, and distinct land developing activities may take place at different times by future owners.

Connected imperviousness: An impervious surface that flows over relatively little or no pervious area before flowing into a separate storm sewer or water of the state via an impervious flow path. Note: Generally, an area of residential rooftop is considered connected imperviousness unless the discharge from the rooftop downspout flows at least 20 feet across a vegetated surface.

Construction site: 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 activities may be taking place at different times on different schedules but under one plan.

Design storm: A hypothetical discrete rainstorm characterized by a specified duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall, (i.e., once every two, ten or 100 years, for frequency; within 24 hours, for duration.) The Village of Fontana-on-Geneva Lake rainfall depths for design storms are contained in the Field Office Technical Guide (FOTG), published by the U.S.D.A. Natural Resources Conservation Service.

Design Storm	100% annual chance (1-year) 24-hour	50% annual chance (2-year) 24-hour	10% annual chance (10-year) 24-hour	1% annual chance (100-year) 24-hour
Rainfall depth	2.4 inches	2.8 inches	4.1 inches	5.8 inches

 

Dewatering: The removal of trapped water, usually by pumping, from a construction site to allow land development or utility installation activities to occur.

Disturbed area: A site which, due to land developing or disturbing activities, has or will experience disturbance or destruction of the existing land surface and/or vegetative cover.

Erosion: The process by which the land's surface is worn away by the action of wind, water, ice or gravity.

Erosion and sediment control plan: A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

Financial guarantee: A performance bond, maintenance bond, surety bond, irrevocable letter of credit or similar guarantees, submitted to the village building inspection department by the responsible party to assure that the requirements of the ordinance are carried out in compliance with the village-approved construction site erosion control plan or post-construction stormwater management plan.

Hydric soil: A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

Impervious surface: A surface through which rainfall does not infiltrate. Rooftops, sidewalks, parking lots and streets including those constructed of gravel are examples of impervious surfaces. Frozen ground is not considered an impervious surface.

Infill area: An undeveloped area located within existing urban sewer areas surrounded by already existing development or existing 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 best management practice such as basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

Land developing activity: The construction or erection of buildings, roads, parking lots, paved storage areas and other structures that may ultimately result in the addition of impervious surfaces.

Land disturbing construction activity: Any manmade alteration resulting in a change of topography or vegetative cover or nonvegetative cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment. Land disturbance activities include clearing and grubbing, excavating, filling, adding or disposing of spoil or contaminated soil, grading, building construction or demolition, and pit trench dewatering.

Land user: Any person operating upon, leasing or renting land, or having made any other arrangements with the landowner by which the land user engages in uses of land which are sites subject to this chapter. The term "land user" shall include temporary users of property such as contractors and subcontractors.

Landowner: Any person holding fee title, an easement to or having an interest in a parcel of land that allows the person to undertake land disturbing activities which are subject to this chapter.

Maintenance agreement: A legal document that provides for long-term maintenance of post-construction stormwater management practices.

MEP or maximum extent possible: 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 for flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

Navigable water: "Navigable water" means Lake Superior, Lake Michigan, all natural waters within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of the state.

Off-site: Located outside the property boundary described in the permit application for land development activity.

Ordinary high-water mark: Has the meaning given in § NR 115.03(6), Wis. Adm. Code.

Outstanding resource waters: Means waters listed in § NR 102.10, Wis. Adm. Code.

Performance standard: A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

Permit: A written authorization made by the village building inspection department to the applicant to conduct land disturbing activities or to discharge post-construction runoff.

Plat: A map prepared for the purpose of recording a subdivision, minor land division or condominium.

Post-construction: The stage of a construction site following the completion of land disturbing activities and site stabilization.

Post-construction stormwater runoff: Any stormwater discharged from site following completion of land disturbing activities and site stabilization.

Pre-development condition: The extent and distribution of land cover types present before the initiation of land disturbing construction activities, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

Preliminary plat: Has the meaning given in the village subdivision ordinance, chapter 17 of the Village Code of Ordinances.

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, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. The width of the protective areas is based on type, value, and condition of the waterway or wetland. The protective area does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such as runoff cannot enter the enclosure at this location.

Redevelopment: Land development that replaces previous land development of similar impervious conditions.

Responsible party: Any entity holding fee title to the property or other person contracted or obligated by other agreements to implement the construction site erosion control plan or post-construction stormwater management plan.

Retaining wall: A structure constructed of manmade or natural materials for the purpose of retaining soil, controlling erosion and preventing the down-slope movement of soil.

Road: As used in this chapter, means any access drive that serves more than two residences or businesses.

Runoff: Stormwater or precipitation, including rain, snow or ice melt, irrigation water or similar water that moves on the land surface via sheet or channelized flow.

Sheet flow runoff: Water, usually storm runoff, flowing in a thin layer over the ground surface; also called overland flow.

Shoreland: Has the meaning given in the village shoreland zoning ordinance, chapter 18 of the Village Code of Ordinances.

Shoreland setback: Means an area in the shoreland that is within a certain distance of the ordinary high-water mark in which construction or the placement of structures has been limited or prohibited under the village shoreland zoning ordinance, chapter 18 of the Village Code of Ordinance.

Site: That parcel or other division of land set forth in the legal description contained in the application on which the land disturbing or land development activity is proposed to take place.

Stabilized: All land disturbing activities are completed and that a uniform, perennial vegetative cover has been established on at least 70 percent of the soil surface or other surfacing material is in place and the risk of further soil erosion is minimal, as determined by the village building inspection department.

Stop work order: An order issued by the village building inspection department which requires that all construction activities on the site be stopped due to a violation of the Village Code of Ordinances.

Stormwater: Precipitation runoff, snow melt runoff, surface runoff and drainage.

Stormwater best management practice: Structural and nonstructural practices, devices and methods that are designed, constructed and maintained to control the volume, quantity and quality of stormwater to avoid or minimize sediment or pollutants carried in runoff to waters of the state. Stormwater management practices selected are based on the physical suitability of a site, the overall site management objectives and the performance criteria specified in this chapter. Some examples include, but are not limited to, infiltration trench or basin, wet detention basin, rain garden, filter strip, artificial wetland, green roof, or swale.

Stormwater management plan: A comprehensive plan designed to reduce the discharge of pollutants from stormwater after the site has undergone final stabilizations following completion of the land disturbing activities.

Stormwater permit: A written authorization made by the village building inspection department to the applicant to conduct land disturbing activities or to discharge post-construction runoff to waters of the state.

Technical standard: A document that specifies the planning and selection criteria, design, predicted performance and operation and maintenance specification for a material, device or method.

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.

Trenchless construction: Type of subsurface construction work that requires minimal or no continuous trenches. Trenchless construction includes such construction methods as tunneling, horizontal directional drilling, pipe jacking, boring, plowing and other methods for the installation of pipelines and cables below the ground with minimal excavation.

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 Wisconsin and represents the most intense storm pattern.

Vegetation removal: The removal, pruning, trimming, burning of trees, shrubs, forbs or other herbaceous groundcover.

Village board: The village office responsible for enforcing and administering the ordinances of the village.

Village building inspection department: The village office responsible for enforcing and administering this chapter or designated representative of the village board, pursuant to Wis. Stats. § 92.06(2).

Village building inspection department staff: An employee or employees of the village whose responsibilities include enforcement of the terms and conditions of this chapter.

Village conservation standards: Those applicable design criteria, standards and specifications for conservation practices used by village building inspection department. Conservation practice standards establish the minimum level of acceptable quality for planning and site assessment, performance expectations, design and installation parameters, and the operation and maintenance needs of conservation practices. Conservation practice standards include those contained in:

(1)

Subchapter V of ch. NR 151, Wis. Adm. Code.

(2)

Section IV of the Field Office Technical Guide, Technical Notes and Field Office Manuals, published by the U.S.D.A. Natural Resource Conservation Service.

(3)

Other technical standards and specifications adopted by the state standards oversight council, other state or local agencies or organizations, the Wisconsin Department of Transportation, the University of Wisconsin Cooperative Extension Service, the Southeastern Wisconsin Regional Planning Commission or the Center for Watershed Protection and approved by the village building inspection department.

Village staff: An employee or employees of the village within the administration, building and zoning, public works, planning, legal or engineering departments whose responsibilities include review of submittals under the terms and conditions of this chapter.

Waters of the state: Has the meaning given in Wis. Stats. § 281.01(18).

WDNR: The Wisconsin Department of Natural Resources.

Wetlands: An area where water is at or near the surface long enough to be capable of supporting aquatic orhydrophytic vegetation and which has soils indicative of wet conditions.

(Ord. No. 07-09-12-02, § 1, 7-9-2012)