Village of Fox Point, WI Construction and Cutting on Banks of Ravines and Lake Bluff

[Adopted as Ch. 17 of the 1961 Code]

Because of the danger of erosion or increasing the erosion of the banks of ravines and the Lake Michigan bluff, and the possibility of disturbing the natural runoff of surface and percolating water which in either case could lead to the partial or complete collapse of buildings; to promote the public health, safety and welfare; to ensure proper access for fire, emergency and police vehicles; to preserve the natural beauty of the ravines and bluffs; and to protect the natural environment, the regulations hereinafter set forth are hereby established.

§ 285-2 Definitions.

The definition of "building" and "structure" as presently set forth in § 745-2 of the Fox Point Village Code shall include retaining walls and driveways.

"Owner" as used in this article means the owner of the property as appears in the records of the Village; in the case of joint owners or tenants in common, any one or more of such owners. The vendee under a land contract may be considered an owner.

"Top of the bluff," as used in this article, means the area on a lot that is up slope of the Village of Fox Point bluff line as delineated by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) in 2003 and which is depicted on maps within the Director of Public Works/Village Engineer's office and which may be updated from time to time by SEWRPC, except as follows. Property owners may, upon application and payment of the applicable fee, request the adoption of a different "top of the bluff" area for their particular parcel on a case-by-case basis. The property owner shall submit to the Director of Public Works/Village Engineer a map which depicts this area, and no building permit or work regulated by this article shall commence unless and until the Director of Public Works/Village Engineer has approved the map submitted by the property owner. The property owner's application shall include all of the following:

[Added 12-13-2011 by Ord. No. 2011-13]

(1)

A topographic map, prepared by a State of Wisconsin registered land surveyor, with one-foot contour lines referred to National Geodetic Vertical Datum, which has been prepared or reaffirmed within one year of the date of the application at a scale not smaller than one inch equals 20 feet.

(2)

The bluff line shall be depicted as the demarcation between those areas within slopes steeper than six horizontal to one vertical (6H:1V) and which transition to slopes shallower than 6H:1V measured perpendicular to the one-foot contour lines across the entire parcel.

(3)

If the lay of the land has been obscured by improvements, such as filling or the construction of walls and pavements, the lines for analysis shall be projected through the area of the improvements using the most direct line connecting the top of bluff demarcation line where it is interrupted by the improvements.

(4)

The topographic survey shall also include the following:

(a)

An outline of all existing and proposed structures or proposed expansion of existing structures;

(b)

The existing property line;

(c)

Abutting public streets and/or right-of-way lines, street pavements, drives and service walks;

(d)

Pertinent existing landscaping features;

(e)

Drainage structures and drainageways; and

(f)

The SEWRPC top of the bluff line.

(5)

The area on the lot that is upslope of the line established by this procedure shall be the top of the bluff, subject to and upon the approval of the Director of the Public Works, for purposes of the pending application only.

(6)

Disclaimer. Although the foregoing procedure is intended to define the top of the bluff in a reasonable and objective manner that relates to the slope of the land, no assurance is hereby provided that such identified area is well suited for any particular use or construction. It is recommended that the property owner hire either a licensed professional geotechnical engineer or other soils expert to investigate particular soil stability and suitability for any particular uses or construction on the top of the bluff. Such investigation may show particular design requirements for construction or uses on the top of the bluff or may show that construction or uses should be away from the top of the bluff demarcation, among other possible findings. No specific representation is made herein.

§ 285-3 Basic restriction.

[Amended 4-19-2010 by Ord. No. 2010-09; 12-13-2011 by Ord. No. 2011-13]

Except as hereinafter provided, no building or structure shall be erected downslope from top of the bluff of the lake bluff or downslope from top of the bluff of a ravine bank or at the foot of the lake bluff or ravine in the Village of Fox Point.

Notwithstanding the provisions of Subsection A, the erection, repair, and/or replacement of any publicly owned bridge, publicly owned stormwater facility, publicly owned utility facility, and any related publicly owned structure(s) (but not buildings) downslope from the top of the bluff of the lake bluff or any ravine in the Village is exempt from all requirements of this article, subject to the following. An application describing each such structure shall be submitted to the Village Board, and the Village Board shall approve the structure unless it finds in its discretion that such structure(s) will be contrary to the purposes set forth in § 285-1 of this article. A structure is "publicly owned" for purposes of this subsection if it is owned by the United States of America, State of Wisconsin, Milwaukee County, Village of Fox Point, utilities of the Village of Fox Point, Milwaukee Metropolitan Sewerage District, or the North Shore Water Commission.

§ 285-4 Retaining walls.

Retaining walls may be built farther than 25 feet from the closest point of the principal structure of the lot only if they are solely and expressly for the purpose of preventing and retarding erosion and slippage of the lake bluff or the bank of a ravine. Retaining walls may be built 25 feet or closer to the closest point of the principal structure of the lot only if they are for the primary purpose of preventing and retarding erosion and slippage of the lake bluff or the bank of a ravine; however, in this case, ancillary purposes are allowed, such as the purpose of creating a flat area or patio adjacent to the principal building. Notwithstanding the foregoing, retaining walls may be constructed in any location on a property if they are a necessary part of a driveway access to the property, if the property would otherwise not have driveway access, as determined by the Village Building Inspector. It is suggested that retaining walls of over six feet in height be avoided because they would pose a safety hazard and constitute, unless screened from view, an aesthetically unappealing surface. Terracing is suggested as preferable, if feasible, to a retaining wall of over six feet. Before any retaining wall is built, a building permit shall be obtained and plans for retaining walls shall be submitted to the Director of Public Works/Village Engineer. If, in his opinion, the footings and method of construction and materials are adequate from an engineering standpoint to serve the purpose for which such retaining wall is being built and adequate provision is made for the flow of surface and percolating water, he shall so certify to the Building Inspector. No building permit shall be issued by the Building Inspector without such certificate.

§ 285-5 Driveways.

Before a driveway is built, a building permit shall be obtained. The grade of a driveway shall not exceed 12°, and it is suggested that a driveway be one course. Plans for a driveway shall be submitted to the Director of Public Works/Village Engineer. If in his opinion the method of construction and materials are adequate from an engineering standpoint and adequate provision is made for the flow of surface and percolating water, he shall so certify to the Building Inspector. No building permit shall be issued by the Building Inspector without such certification.

§ 285-6 Structure or building at foot of lake bluff or ravine bank.

A structure or building may be built at the foot of the lake bluff where the bluff abuts on North Beach Drive or on flat land that abuts on North Beach Drive or a ravine bank.

A registered professional engineer retained by the owner of the lot shall certify to the Village that the construction of the proposed building and structure(s) will be safe. The engineer shall have recognized experience and expertise in geotechnical investigations, soil mechanics, and structural and coastal engineering. Specifically, he shall certify that:

(1)

The design of any building or structure(s), the method of constructing such building or structure(s), and the materials used therefor are structurally adequate and will protect the public health and safety.

(2)

The proposed building and structure(s) will not in any way adversely affect the structural integrity or safety of any building or structure(s) located on adjoining or adjacent sites.

(3)

The proposed building and structure(s) will not adversely disturb ravine or bluff slopes, interfere with surface or subsurface drainage, or create new or exacerbate existing problems of erosion and recession, assuring the continued integrity of the ravine or bluff slopes involved.

(4)

The drainage system will protect the downhill properties or downstream properties.

(5)

There is no danger to the proposed structure or building and its occupants from slippage of the slope above and/or below the proposed structure or building.

The engineer shall make a technical report accompanying the certificate which shall include, at a minimum:

(1)

Recommendations regarding site preparation, foundation, design, lateral earth pressure, and support of slabs on grade.

(2)

The stability of the slope before, during, and after construction.

(3)

The effect of the construction on the natural drainage in the area, including any measures such as "weepers" which are designed to improve natural drainage in the area.

(4)

The effect of the construction on flora and fauna.

In addition to the standards contained in Chapter 19, Article II, Building Board, of this Code, no building permit for any structure on the foot of the lake bluff or ravine shall be issued unless it has been found as a fact by the Building Board by at least a majority vote, after a view of the site of the propose structure and an examination of the application papers for a building permit, that the location of the proposed structure will, when erected, not be so at variance with the structures already constructed on the neighboring properties or in the character of the immediate neighborhood as to cause a substantial depreciation in the property values of a neighboring property or of the immediate neighborhood. The Building Board shall give notice of the meeting at which it will consider an application for approval of a building or structure. Such notice shall be given to the applicant and to the owners of properties within 500 feet of the property in question; it shall be in writing and mailed not less than seven days before the day of the meeting. Persons to whom the notice is required to be given may attend the Building Board meeting and be heard.

§ 285-7 Survey or plat required.

There shall be filed with the application for a building permit for any such building or structure a survey or plat of the lot drawn to a scale of one inch equals 10 feet, and with contour lines at one-foot intervals from North Beach Road or bottom of the ravine to at least 30 feet up the slope from the slope side of the building or structure, and shall show all trees with a diameter of eight inches or more located within the perimeter of the planned construction extended in all directions 50 feet or to the lot line if closer, and shall also show such trees within the area of a proposed driveway.

The plan submitted with an application for a building permit for any structure or building which will be built at the foot of the lake bluff or ravine, as above provided, shall show that the planned construction will be done with minimum disturbance of soil and the natural cover thereon, such as trees, shrubs, and plants, including grasses, and shall also show adequate provision for the control and channeling of ground waters, both surface water and percolating waters.

If, in the opinion of the Director of Public Works/Village Engineer, the above requirements have been met, he shall so certify to the Building Inspector. Without such certification, the Building Inspector shall not issue a building permit.

§ 285-8 Cantilever over face of lake bluff.

A building or structure may be built on the flat area of a lot at the top of the bluff of the lake bluff and a portion thereof may be cantilevered over and beyond the top of the bluff.