§ 34-105. Definitions.

Applicable review authorities means the village planning commission, the village board, the village zoning administrator, and the village engineer, depending on the type of project and its location.

Applicant means any person or entity holding fee title to the property or their representative. The applicant shall become the "permit holder" once a permit is issued. The applicant shall sign the initial permit application form in accordance with subsections (1) through (5) below, after which the applicant may provide the village written authorization for others to serve as the applicant's representative:

(1)

In the case of a corporation, by a principal executive officer of at least the level of vice president or by the officer's authorized representative having the authority to transmit instructions, receive information, render decisions and having overall responsibility for the operation of the site for which a permit is sought.

(2)

In the case of a limited liability company, by a member or manager.

(3)

In the case of a partnership, by the general partner.

(4)

In the case of a sole proprietorship, by the proprietor.

(5)

For a unit of government, by a principal executive officer, ranking elected official or other duly authorized representative.

Best management practice (or "BMP") means structural and non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or other pollutants carried in runoff or to reduce runoff volumes or peak flows.

Common plan of development means 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 activity may take place at different times by future owners.

Connected impervious surface means an impervious surface connected to the waters of the state via a separate storm sewer, a common impervious flow path or a minimally impervious flow path.

Construction site means an area where one or more land disturbing activities occur, including areas that may be part of a larger common plan of development.

Cropland means land cultivated in annual agricultural crops such as corn and soybeans, or small grains such as wheat or oats.

Design storm means a hypothetical depth of rainfall that would occur for the stated return frequency (i.e. once every two years or ten years), duration (i.e. 24-hours) and timing of distribution (i.e. type II). All values are based on the historical rainfall records for the area. Design storms used in this section are summarized in section 34-111(a).

Dewatering means the removal of trapped water from a construction site to allow land development or utility installation activities to occur.

Erosion means the process of detachment, transport and deposition of soil, sediment or rock fragments by action of water, wind, ice or gravity.

Effective infiltration area means the area of the infiltration system that is used exclusively to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

Environmental corridor (primary and secondary) means a composite of the best individual elements of the natural resource base including surface water, streams, and rivers and their associated floodlands and shorelands; woodlands, wetlands and wildlife habitat; areas of ground water discharge and recharge; organic soils, rugged terrain and high relief topography; and significant geological formations and physiographic features. A description of the process of defining and delineating environmental corridors is set forth in the Southeastern Wisconsin Regional Planning Commission's Technical Record, Volume 4, No. 2 and is incorporated herein by reference.

Environmentally sensitive area means any area that, due to the natural resources present or the lack of filtering capacity, is more susceptible to the adverse impacts of sediment and other pollutants associated with erosion and urban runoff. Examples include environmental corridors, direct hydrologic connections to lakes, streams, wetlands, groundwater or other water resources, or very coarse or shallow soils above groundwater or bedrock.

Filtering layer means soil that has at least a three-foot deep layer with at least 20 percent that passes through a #200 sieve (fines); or at least a five-foot deep layer with at least ten percent that passes through a #200 sieve (fines); or another medium exists with an equivalent level of protection, as determined by the village engineer.

Final plat means a map of a proposed condominium or subdivision to be recorded with the county register of deeds pursuant Wisconsin Statutes.

Groundwater recharge areas means lands identified in a document published by the Village of Mukwonago or the Southeastern Wisconsin Regional Planning Commission, or as indicated by the village engineer as groundwater recharge areas; or where, prior to any land disturbing or land development activity, precipitation or runoff could only leave the area by infiltrating the ground, thereby recharging the groundwater.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal non-storm water discharge to enter the storm drain system, including but not limited to: sewage, process wastewater and wash water, any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency, prior to the adoption of this section.

Impervious surface means an area that releases all or a large portion of the precipitation that falls on it, except for frozen soil. Conventional rooftops and asphalt or concrete sidewalks, driveways, parking lots and streets are typical examples of impervious surfaces. For purposes of this division, typical gravel driveways and other examples listed shall be considered impervious unless specifically designed to encourage infiltration or storage of runoff.

Impracticable means that complying with a specific requirement would cause undue economic hardship and that special conditions exist that are beyond the control of the applicant and would prevent compliance.

In-fill development means land development that occurs where there was no previous land development and is surrounded by other existing land development;

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

Infiltration system(s) means a device or practice such as a basin, trench, rain garden, pervious pavement 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 features 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.

Land development activity or land development means any construction related activity that may ultimately result in the addition of impervious surfaces, such as the construction of buildings, roads, parking lots and other structures.

Land disturbing activity (or "disturbance") means any man-made alteration of the land surface that may result in a change in the topography or existing vegetative or non-vegetative soil cover, or may expose soil and lead to an increase in soil erosion and movement of sediment. Land disturbing activity includes clearing and grubbing for future land development, excavating, filling, grading, building construction or demolition, dewatering, or dredging related to storm water BMP maintenance. Repaving is considered a land disturbing activity only if the subgrade material below the pavement is removed, replaced or significantly regraded.

Maximum extent practicable or MEP means an acceptable level of implementing best management practices to achieve a performance standard specified in this division, as determined by the village engineer. In determining MEP, the village engineer shall take 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.

Nonmetallic mining has the meaning specified under W.S.A., § 295.11(3).

Off-site BMP means best management practice(s) that are located outside of the boundaries of the site covered by a permit application. Off-site BMPs are usually installed as part of a regional storm water management plan approved by a local government.

Ordinary high water mark (OHWM) has the meaning given in s. NR115 Wis. Admin. Code.

Permit holder means any person or entity issued a storm water permit under this division or their successors in interest with respect to the property to which the permit applies. (See also definition of "applicant".)

Pervious surface means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests and similar vegetative areas are examples of surfaces that typically are pervious.

Planned land use means the land use designated in the latest version of the Village of Mukwonago land use plan.

Plat means a map of a proposed condominium or subdivision.

Pollutant, as per W.S.A., § 283.01(13), means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

Pollution, as per W.S.A., § 283.01(10), means man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

Preliminary plat means a map showing the salient features of a proposed condominium or subdivision submitted to an approving authority for purposes of preliminary consideration.

Preventive action limit has the meaning given in NR109.05(17), Wis. Admin. Code.

Publicly funded means a land disturbing or land development activity, such as a public road or municipal building, that is being funded solely by a town, city, village, county, state or federal government. It does not include new roads or other structures built with private funds, or a combination of public and private funds, and subsequently dedicated to a unit of government.

Redevelopment means land development that replaces previous land development of similar impervious conditions.

Regional storm water management plan means a planning document, adopted by a local unit of government, that coordinates storm water management activities for an entire drainage area or watershed, including future land development activities within the watershed. The plan may prescribe the use of BMPs for individual development sites and for selected points within the watershed to meet the goals and objectives of the plan.

Regulatory agency means a public agency that the village board and village engineer recognizes as having the legal authority to review and approve erosion control and storm water management plans and enforce their implementation, with requirements at least as restrictive as this division.

Responsible party means any person or entity holding fee title to the property or acting as the owners representative, including any person, firm, corporation or other entity performing services, contracted, subcontracted or obligated by other agreement to design, implement, inspect, verify or maintain the BMPs and other approved elements of erosion control and storm water plans and permits under this division.

Road as used in this division, means any access drive that serves more than two residences or businesses.

Runoff means water from rain, snow or ice melt, or dewatering that moves over the land surface via sheet or channelized flow.

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

Site means the entire area included in the legal description the subject property.

Stabilized means that all land disturbing activities are completed and that a uniform, perennial vegetative cover has been established with a density of at least 70 percent or other surfacing material is in place and the risk of further soil erosion is minimal, as determined by the village.

Storm drainage system means a facility by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater has the same meaning as the term "runoff".

Stormwater BMP means any best management practice that is designed to collect or manage the quantity or quality of storm water runoff for an indefinite time period. This term is a subset of the term "best management practice" and distinct in that they require long-term maintenance. Some examples include, but are not limited to: wet or dry detention basin, infiltration trench or basin, bio-retention basin, stilling basin, green roof, filter strip, artificial wetland, or any combination of these or other permanent storm water management practices, as determined by the village.

Stormwater permit means a written authorization made by the Village of Mukwonago to the applicant to conduct land disturbing or land development activities in accordance with the requirements of this division. A storm water permit regulates both construction site erosion and post-construction storm water runoff from a site.

Subdivision means a division of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development that meets the subdivision definition criteria under W.S.A., § 236.03(12) or a more restrictive definition adopted by a local unit of government.

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

Top of channel means an edge, or point on the landscape, commencing 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 percent continually for at least 50 feet. If the slope of the land is 12 percent 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.

Utility means a wire, pipe, tube or other conduit designed to distribute or collect a product or service, including but not limited to electricity, natural gas, oil, telecommunications, drinking water, storm water, sewage, groundwater or any combination of these items.

Village mapping standards means that the maps are drawn to national map accuracy standards using the Wisconsin State Plane Coordinate System, Wisconsin South Zone, North American Datum 1927 (NAD27) and National Geodetic Vertical Datum of 1929 (NGVD-29).

Warm season and wetland plantings means seed or plant stock that are native to a prairie or wetland setting. These types of plantings usually take a couple of years to get established and require diligent removal of invasive species during this time. Upon maturity, warm season plants generally have a deep root system, which enhances infiltration.

Waters of the state has the meaning given in W.S.A., § 281.01(18).

Wetlands means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Woodland means an area where a grouping of ten or more trees exist that have trunk diameters of at least four inches at four feet above the ground surface. The boundaries of a woodland shall be defined by the canopy, commonly referred to as the "drip line".

Working day means any day the office of the Village of Mukwonago is routinely and customarily open for business, and does not include Saturday, Sunday and any official village holidays.

(Ord. No. 816, § IV, 1-6-09; Ord. No. 914, § II,, 5-17-16; Ord. No. 928, § II, 4-18-17)