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Applicable review authorities. The Town Board, the County Division of Planning and Development, the County Planning, Development & Extension Education Committee, the County Department of Public Works, or the County Highway and Parks Committee, depending on the type of project and its location.

Applicant. 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 subs. (a) through (e), after which the applicant may provide P&D written authorization for others to serve as the applicant’s representative:

a. 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 overall responsibility for the operation of the site for which a permit is sought.

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

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

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

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

As-builts. Revised set of drawings submitted by a licensed land surveyor and/or a licensed professional engineer in the state of Wisconsin upon completion of a construction project. They reflect all of the changes made from the approved drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed. Also called “record drawings”.

Best management practice (or BMP). 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.

Certified Survey Map (CSM). A map, prepared in accordance with Section 236.34 of the Wisconsin State Statutes, for the purpose of dividing land into not more than four parcels; or used to document for recording purposes, survey and dedication data relating to single parcels.

Clearing. The removal and satisfactory disposal of all trees, brush, shrubs, rubbish and any other objectionable material within the designated areas.

Common plan of development. All lands included within the boundary of a certified survey map, subdivision plat, or site plan 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. Impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.

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

County Planning, Development & Extension Education Committee. The zoning agency of Kenosha County as defined under s. 59.69(2)(a) Wisconsin Statutes

County mapping standards. 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) and the most recent horizontal and vertical datums adopted by the Kenosha County Board.

Cropland. Land cultivated in annual agricultural crops such as corn and soybeans or small grain such as wheat or oats.

Design storm. A hypothetical depth of rainfall that would occur for the stated return frequency (i.e. once every 2 years or 10 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 ordinance are summarized in Section 17.11-1(b).

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

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

Effective infiltration area. 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). Those lands containing concentrations of scenic, recreational, and other natural resources as identified and delineated in the comprehensive planning program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission (SEWRPC). These natural resources and resource-related elements include the following:

a. Lakes, rivers, and streams, together with their natural floodplains

b. Wetlands

c. Forests and woodlands

d. Wildlife habitat areas

e. Rough topography

f. Significant geological formations

g. Wet or poorly drained soils

h. Existing outdoor recreation sites

i. Potential outdoor recreation and related open space sites

j. Historic sites and structures

k. Significant scenic areas or vistas.

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. 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. Soil that has at least a 3-foot deep layer with at least 20% that passes through a #200 sieve (fines); or at least a 5-foot deep layer with at least 10% that passes through a #200 sieve (fines); or another medium exists with an equivalent level of protection, as determined by P&D.

Final plat. A map of a proposed condominium or subdivision prepared by a registered land surveyor to be recorded with the Kenosha County Register of Deeds pursuant Wisconsin Statutes 236.20.

Groundwater recharge areas. Lands identified in a document published by the Southeastern Wisconsin Regional Planning Commission 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.

Grubbing. The removal and disposal of all stumps and other objectionable material to a depth of at least 18 inches below the ground surface.

Illicit connection. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal non-stormwater 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 ordinance.

Impervious surface. 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 ordinance, typical gravel driveways, parking lots, and other examples listed shall be considered impervious unless specifically designed to encourage infiltration or storage of runoff.

Impracticable. 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. Land development that occurs where there was no previous land development and is surrounded by other existing land development;

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

Infiltration system(s). 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.

Isolated natural resource. Areas that contain significant remaining resources apart from primary and secondary environmental corridors, see “Environmental corridor (primary and secondary)”, as defined by the Southeastern Regional Planning Commission (SEWRPC). Isolated natural resource areas must be at least five acres in size and at least 200 feet wide.

Karst features. 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 and Water Conservation Committee. A committee created for the purpose of advising P&D and the County Board on matters relating to the conservation of soil and water and the administration of this ordinance. All committee meetings shall be posted in accordance with the Wisconsin Open Meetings Law.

Land development activity or (land development). 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). 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, but not limited to clearing, grubbing, excavating, filling, grading, building construction or demolition, dewatering, or dredging related to stormwater BMP maintenance. Repaving is considered a land disturbing activity only if the subgrade material (including road base or aggregate) below the pavement is removed, replaced or significantly regraded.

Major Stormwater Drainage System. Major stormwater drainage systems shall be designed for a 100-year recurrence interval storm. Consists of the entire street cross-section and interconnected drainage swales, overland overflow routes, watercourses and stormwater storage facilities.

Maximum Extent Practicable or MEP. An acceptable level of implementing best management practices to achieve a performance standard specified in this ordinance, as determined by P&D. In determining MEP, P&D 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.

Minor Stormwater Drainage System. Minor stormwater drainage systems shall be designed for a 10-year recurrence interval storm. Consists of sideyard and backyard drainage swales, roadside swales, storm sewers, and possibly stormwater storage facilities.

Navigable. Lake Michigan, all natural inland lakes within Wisconsin and all rivers, streams, ponds, sloughs, flowages and other waters within the territorial limits of the Wisconsin which are navigable under the laws of the state. The Wisconsin Supreme Court has declared navigable all bodies of water that have a bed differentiated from adjacent uplands and levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. The Wisconsin Department of Natural Resources is responsible for determining if a water body or watercourse is navigable.

Nonmetallic mining. Defined as given by s. 295.11(3) Wisconsin Statutes:

Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates or nonmetallic minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc and topsoil, including such operations or activities as excavation, grading and dredging. On−site processes that are related to the extraction of mineral aggregates or nonmetallic minerals, such as stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, crushing, screening, scalping and dewatering.

Off-site BMP. 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 stormwater management plan approved by a local government.

Ordinary high water mark (OHWM). The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinct mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark as defined in s. NR115 Wis. Admin. Code.

Permit Holder. Any person or entity issued a Stormwater Permit under this ordinance or their successors in interest with respect to the property to which the permit applies.

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

Planned land use. The land use designated in the latest version of the adopted Kenosha County comprehensive land use plan.

P&D. The Kenosha County Division of Planning and Development. The P&D Director supervises the daily activities of the division, including the administration of this ordinance.

Plat. A map of a proposed condominium or subdivision.

Pollutant. 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 per Wisconsin Statutes s. 283.01(13).

Pollution. Man-made or man−induced alteration of the chemical, physical, biological or radiological integrity of water per Wisconsin Statutes s. 283.01(10).

Pre-Development. The extent and distribution of land cover types present before the initiation of a proposed land development activity. This term is used to match pre – and post-development storm water peak flows as required by the chapter.

Preliminary plat. A map prepared by a registered land surveyor showing the salient features of a proposed condominium or subdivision submitted to an approving authority for purposes of preliminary consideration.

Preventive action limit. A numerical value expressing the concentrations of a substance in groundwater as defined in s. NR 140.05(17), Wis. Admin. Code.

Project Engineer. A licensed Civil Engineer in the State of Wisconsin responsible for the accuracy of the approved construction plans, including the erosion control and stormwater management plans. The Project Engineer shall also certify that the as-built plans are in general conformance with the approved construction plans.

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, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this section, “protective area” does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.

Publicly funded. 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.

Record Drawings. Revised set of drawings submitted by a licensed land surveyor and/or a licensed professional engineer in the state of Wisconsin upon completion of a construction project. They reflect all of the changes made from the approved drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed. Also called record drawings. Also called “as-builts”.

Re-development. Land development that replaces previous land development of similar impervious conditions.

Regional stormwater management plan. A planning document, adopted by a local unit of government, that coordinates stormwater 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. A public agency that P&D recognizes as having the legal authority to review and approve erosion control and stormwater management plans and enforce their implementation, with requirements at least as restrictive as this ordinance.

Responsible party. 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 stormwater plans and permits under this ordinance.

Road. A public thoroughfare, avenue, street, highway, boulevard, parkway, way, drive, lane, court, private easement, or private road providing, generally, the primary roadway to and egress from the property abutting along its length.

Runoff. Water from rain, snow or ice melt, or dewatering that moves over the land surface via sheet or channelized flow. Also, known as stormwater.

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

Seasonal high water table. The upper limit of the zone of soil saturation caused by underlying groundwater at its highest level based on soil and site evaluations.

Shoreland. Those lands lying within the following distances: one thousand (1,000) feet from the high water elevation of navigable lakes, ponds, and flowages or three hundred (300) feet from the high water elevation of navigable streams or to the landward side of the floodplain, whichever is greater.

Site. Refers to the entire parcel and not just the area of disturbance for the proposed development.

Site Plan. A plan, prepared to scale, showing accurately the boundaries of a site and the location of all building, structures, and principal site development features proposed for a specific parcel of land.

Stabilized. That all land disturbing activities are completed and that a uniform, perennial vegetative cover has been established on 100% of the soil surface with a minimum density of 70% or other surfacing material is in place and the risk of further soil erosion is minimal, as determined by P&D.

Storm drainage system. A publicly-owned facility by which stormwater 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. Water from rain, snow or ice melt, or dewatering that moves over the land surface via sheet or channelized flow. Also, known as runoff.

Stormwater Management. The overall culmination of techniques used to manage pre – and post-construction stormwater in an effort to reduce pollution, minimize flooding, and protect natural resources.

Stormwater BMP. Any best management practice that is designed to collect or manage the quantity or quality of stormwater 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 stormwater management practices, as determined by P&D.

Stormwater permit. A written authorization made by P&D to the applicant to conduct land disturbing or land development activities in accordance with the requirements of this ordinance. A stormwater permit regulates the post-construction stormwater runoff from a site.

Subdivision. As defined in Chapter 14 of the Kenosha County Municipal Code.

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

Top of channel. 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% continually for at least 50 feet. If the slope of the land is 12% 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. 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, stormwater, sewage, groundwater, or any combination of these items.

Warm season and wetland plantings. Seed or plant stock that is 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. Those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction as defined in s. 281.01 (18), Wisconsin Statutes

Wetlands. 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. An area where a grouping of 17 or more deciduous trees per acre exist that have trunk diameters of at least 4 inches at breast height and having at least a 50 percent canopy cover. The boundaries of a woodland shall be defined by the canopy, commonly referred to as the “drip line”.

Working day. Any day the office of P&D is routinely and customarily open for business, and does not include Saturday, Sunday and any official county holidays. [Code § 17.23-2, 2018.]