The following terms shall have the meanings indicated in this section.

(1)

Administrator means a person employed by Portage County in the Planning and Zoning Department to administer and enforce this ordinance.

(2)

Agricultural use means the preparation of plant and animal products by the cultivation of soil and raising of livestock for the distribution to markets.

(3)

Accessory dwelling unit (ADU) means a, generally smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home.

(4)

Buildings. See "structure."

(5)

Commercial use means any use affiliated with the production, reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.

(6)

Conventional private sewage system means a private sewage system consisting of a septic tank and an in-ground soil absorption component with gravity distribution of effluent.

(7)

Department means the Portage County Planning and Zoning Department.

(8)

Failing non-plumbing sanitation system means a non-plumbing sanitation system which meets criteria for a failing private sewage system. (See below)

(9)

Failing private sewage system. Also referred to as a "failing private on-site wastewater treatment system" or "failing POWTS", has the meaning specified under Wis. Stats. § 145.245(4). A failing private on-site wastewater treatment system is one which causes or results in any of the following conditions:

(a)

The discharge of sewage into surface water or groundwater.

(b)

The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

(c)

The discharge of sewage to a drain tile or into zones of bedrock.

(d)

The discharge of sewage to the surface of the ground.

(e)

The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.

(10)

Failing system. Failing private on-site wastewater treatment system" or "failing POWTS", has the meaning specified under Wis. Stats. § 145.245(4), and/or a non-plumbing sanitation system which meets criteria for a failing system listed below. A failing private on-site wastewater treatment system and/or a non-plumbing sanitation system, is one which causes or results in any of the following conditions:

(a)

The discharge of sewage into surface water or groundwater.

(b)

The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

(c)

The discharge of sewage to a drain tile or into zones of bedrock.

(d)

The discharge of sewage to the surface of the ground.

(e)

The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.

(11)

Holding tank(s) means an approved watertight receptacle for a collection and holding of sewage.

(12)

Human habitation means the act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a principal residence.

(13)

Institutional use means a society or organization founded for a religious, educational, social or similar purpose. Land uses within this category include, but are not limited to religious facilities, universities and school districts.

(14)

Minor repairs means a minor repair to a private sewage system includes the replacement or repair of any of the following:

(a)

Manhole covers;

(b)

Manhole risers;

(c)

Septic tank baffles;

(d)

Effluent pumps and related controls or wiring;

(e)

Other components as determined by the Department.

(14)

Modification in wastewater flow or contaminant load means a modification in wastewater flow or contaminant load shall be considered to occur: in public buildings, facilities or places of employment, when there is a proposed change in occupancy of the structure; or the proposed modification affects either the type or number of plumbing appliances, fixtures or devices discharging to the system; and in dwellings, when there is an increase or decrease in the number of bedrooms.

(15)

Non-plumbing sanitation system means sanitation systems and devices within the scope of Wis. Admin. Code ch. SPS 391, which are alternatives to water carried waste plumbing fixtures and drain systems; including, but not limited to, incinerating toilets, composting toilets and privies.

(16)

Occupancy means the use, or intended use, of a building, or portion of a building, for the shelter or support of persons, animals or property.

(17)

Plumber means a person licensed by the State as a Master Plumber or Master Plumber-Restricted Service.

(18)

Portable restroom means a self-contained portable unit that includes fixtures, incorporating holding tank facilities, designed to receive human excrement.

(19)

Private sewage system. Also referred to as a "private on-site wastewater treatment system" or "POWTS", has the meaning given under Wis. Stats. § 145.01(12). Private on-site wastewater treatment system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the State including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

(20)

Privy means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited.

(21)

Privy-pit means a privy with a subsurface storage chamber which is not watertight.

(22)

Privy-vault means a privy with a subsurface storage chamber that is watertight.

(23)

Public use means any use owned and or affiliated with a public entity such as a town, village, city, county, state or federal government.

(24)

Rebuild means modify or replace more than 50 percent of the structure.

(25)

Sanitary permit. The term "sanitary permit", as used in this ordinance shall mean a County Sanitary Permit, a State Sanitary Permit or both.

(26)

Sanitary permit - county means a permit issued by the Department for the reconnection or modification of a private sewage system or for the installation of a non-plumbing sanitation system, pursuant to Wis. Stats. §§ 59.70 and 145.04.

(27)

Sanitary permit - state means a permit issued by the Department for the installation or modification of a private sewage system, pursuant to Wis. Stats. §§ 145.135 and 145.19.

(28)

Secondary system means an additional POWTS and/or non-plumbing sanitation system located on a property with a principle residence that serves a detached accessory building.

(29)

Septic tank means an anaerobic treatment tank.

(30)

Soil and site evaluation application means an application submitted for the purpose of requesting county verification of a soil and site evaluation report.

(31)

State means the Wisconsin Department of Safety and Professional Services.

(32)

Structure means any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, which includes, but is not limited to, such objects as roofed and walled buildings.

(33)

System means a POWTS and/or non-plumbing sanitation system (See private sewer system and/or non-plumbing sanitation system).

(34)

Transfer of ownership means any conveyance of ownership of a parcel of land. Exceptions:

(a)

Addition or removal of an owner.

(b)

Addition or removal of a spouse from ownership.

(c)

Sale of an individual unit within a condominium.

(d)

A change in an individual or business name, if the owner or owners remain the same.

(e)

Life estates are not considered a transfer of property until the owner is divested of ownership.

(f)

Revocable trusts are not considered a transfer of property until the owner is divested of ownership.

(g)

Lease with option to buy is not considered a transfer of property until the option is exercised.

(Res. No. 122-2022-2024, 6-20-2023)