S. 05 DEFINITIONS. In this ordinance:
(1) “Administering authority” means a governmental employee, or a regional planning commission empowered under s. [59.693, 60.627, 61.354, or 62.234], Wis. Stats., that is designated by the [governing body] to administer this ordinance.
(2) “Agricultural facilities and practices” has the meaning given in s. 281.16 (1), Wis. Stats. (3) “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.
(4) “Business day” means a day the office of the [administering authority] is routinely and customarily open for business.
(5) “Cease and desist order” means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the [administering authority].
(6) “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 when multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
(7) “Design storm” means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
(8)* “Division of land” means the creation from one parcel of [number] or more parcels or building sites of [number] or fewer acres each in area when such creation occurs at one time or through the successive partition within a 5-year period.
Note to Users: This definition is only needed depending on the type of jurisdiction selected under S. 04 (2) above.
(9) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice, or gravity.
(10) “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.
(11)* “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.
Note to Users: This definition is only needed depending on the type of jurisdiction selected under S. 04 (2) above.
(12) “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.
(13) “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 clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.
(14) “Landowner” means any person holding fee title, an easement or other interest in property that allows the person to undertake cropping, livestock management, land disturbing construction activity, or maintenance of storm water BMPs on the property.
(15) “Maximum extent practicable” means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with S. 055 of this ordinance.
(16) “Performance standard” means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
(17) “Permit” means a written authorization made by the [administering authority] to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
(18) “Pollutant” has the meaning given in s. 283.01 (13), Wis. Stats. (19) “Pollution” has the meaning given in s. 281.01 (10), Wis. Stats. (20) “Responsible party” means the landowner or any other entity performing services to meet the requirements of this ordinance through a contract or other agreement.
(21) “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.
(22) “Sediment” means settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location.
(23) ”Silviculture activity” means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a “silviculture activity.”
(24) “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.
(25) “Stop work order” means an order issued by the [administering authority] that requires that all construction activity on the site be stopped.
(26) “Technical standard” means a document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.