29.040 Definitions.

Administering authority means the City’s Director of Public Works, or his/her designee to administer this chapter.

Agricultural activity area means the part of a farm where there is planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or outside yarding of livestock, including sod farms and silviculture. Practices in this area may include waterways, drainage ditches, diversions, terraces, farm lanes, excavation, filling and similar practices. The agricultural activity area does not include the agricultural production area.

Agricultural production area means the part of a farm where there is concentrated production activity or impervious surfaces. Agricultural production areas include buildings, driveways, parking areas, feed storage structures, manure storage structures, and other impervious surfaces. The agricultural production area does not include the agricultural activity area.

Average annual rainfall means a calendar year of precipitation, excluding snow, which is considered typical. For purposes of this chapter, average annual rainfall means measured precipitation in Green Bay, Wisconsin, between March 29 and November 25, 1969.

Best management practices or BMP means structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants in runoff to waters of the State.

Business day means a day on which offices of the City are routinely and customarily open for business.

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

City means the City of Manitowoc, Wisconsin.

Commercial land use means use of land for retail, wholesale, personal services, or industrial services.

Common plan of development or sale means all lands included within the boundary of a Certified Survey Map or subdivision plat created for the development or sale of property, where multiple, separate, and distinct land developing activities may take place at different times and on different schedules.

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.

Development means residential, commercial, industrial, institutional, or other land uses and associated roads.

Director of Public Works means the City of Manitowoc Director of Public Works or his/her designee.

Division of land means the creation from one or more parcels or building sites of additional parcels or building sites where such creation occurs at one time or through successive partition within a five-year period.

Drainage way means any natural or artificial watercourse, trench, channel, ditch, swale or similar depression into which surface water flows.

Erosion means the detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.

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.

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.

Land developing activity means the construction of buildings, roads, parking lots, storage areas and similar facilities.

Land disturbing construction activity means any manmade change of the land surface including removing vegetative cover, excavating, filling and grading; but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.

Landowner means any person or entity holding title to or having an interest in land.

Land user means any person or entity operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his/her land.

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.

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

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.

Pollutant has the meaning given in Wis. Stat. § 283.01(13).

Pollution has the meaning given in Wis. Stat. § 281.01(10).

Protective area has the meaning given in MMC 28.060(5).

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

Runoff means stormwater or precipitation including rain, snow, or ice melt or similar water that moves on 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 location.

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 stormwater treatment device or system.

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

Site means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed.

Stop work order means an order issued by the Director of Public Works which requires that all construction activity on the site be stopped.

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

Waters of the State has the meaning given in Wis. Stat. § 281.01(18).

[Ord. 08-523 § 5, 2008. Prior code § 29.04]