Town of Grand Chute, WI
Outagamie County
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Table of Contents
Table of Contents
Fees referred to in this chapter shall be established by the Town of Grand Chute Board and may be modified from time to time. A schedule of the fees established by the Town Board shall be available for review upon request.
The administrative authority may enter and inspect any site at which land disturbing construction activities are being carried out, pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
A. 
The administering authority may post a stop-work order if any of the following occurs:
(1) 
Any land disturbing construction activity is being undertaken without a permit at a site for which a permit is required, pursuant to § 275-4A of this chapter.
(2) 
The erosion and sediment control plan is not being implemented in a good faith manner.
(3) 
The conditions of the permit are not being met.
(4) 
Any land disturbing construction activity is in violation of the requirements in this chapter.
B. 
The administering authority may revoke a permit issued under this chapter if the responsible party does not cease activity as required in a stop-work order or fails to comply with the erosion and sediment control plan or any permit conditions.
C. 
The administering authority is authorized to request that the Town Attorney obtain a cease-and-desist order in any court of jurisdiction if the responsible party, after being issued a stop-work order, fails to cease land disturbing construction activity that is in violation of the requirements in this chapter.
D. 
The administering authority may retract a stop-work order issued pursuant to § 275-12A or a permit revocation pursuant to § 275-12B.
E. 
After posting a stop-work order pursuant to § 275-12A, the administering authority may issue a notice to the responsible party of its intent to perform work necessary to comply with the requirements of this chapter. The administering authority may enter upon the land and perform the work or other operations necessary to bring the condition of said land into compliance. The costs of any work performed by the administering authority, plus interest at the rate authorized by the Town of Grand Chute Board, shall either be billed to the responsible party or recovered from the financial guarantee provided for that purpose. In the event a responsible party fails to provide the required payment amount and no financial guarantee has been established, or where such a financial guarantee is insufficient to cover these costs, the administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property, pursuant to Subchapter VII of Ch. 66, Wis. Stats.
F. 
Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to a forfeiture as provided in the Uniform Forfeiture and Bond Schedules per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease-and-desist order before resorting to injunctional proceedings.
A. 
Appeals. The Town of Grand Chute Plan Commission, created pursuant to § 16-2 of The Town of Grand Chute Municipal Code, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the administering authority in administering this article. The Plan Commission shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Plan Commission may authorize variances from the provisions of this article that are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the article will result in unnecessary hardship.
B. 
Who may appeal. Appeals to the Plan Commission may be taken by any aggrieved person or by any office, department, board, or bureau of the Town of Grand Chute affected by any decision of the administering authority.
In any particular case where a landowner can show that, by reason of exceptional topography or other physical condition, strict compliance with any requirement of this chapter would cause unnecessary hardship, the Plan Commission may grant a variance from the provisions of this chapter, provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the Town of Grand Chute. No variance shall be granted by the Commission that is contrary to provisions of the Wisconsin Administrative Code or the Wisconsin Statutes.
Nothing in this chapter creates or imposes, nor shall be construed to create or impose, any greater obligation or responsibility on the Town of Grand Chute than those minimum requirements specifically required by State of Wisconsin Statutes and Department of Natural Resources regulations.