This is an article defining the term "man-made body of water,"
regulating the design, maintenance, and use thereof, and providing
a penalty for violations.
As used in this article, the following terms shall have the
meanings indicated:
A man-made body of water 1/2 acre or larger.
A man-made body of water less than 1/2 acre.
A man-made body of water 800 square feet or less of surface
area.
Artificial lakes shall be a conditional use in all zoning districts.
A.
Swimming pools as defined in this chapter.
B.
Manure storage pits, as defined and designed in Brown County Ordinance Chapter 26, Animal Waste Management, and with the following conditions. Such exempt manure storage pits shall be:
C.
Water gardens, 800 square feet or less in surface area.
D.
Detention ponds being constructed as part of a Village-approved stormwater
management system as long as they are designed and constructed in
accordance with the set standards of Brown County, EPA, and DNR.
A permit is required from the Village of Hobart for all excavations
or mounding which will result in a pond or lake as defined herein.
Any alterations to existing man-made bodies of water other than routine
maintenance are subject to the provisions of this article. To obtain
such a permit, an application shall be made to the Village of Hobart
Zoning Administrator/Building Inspector on the proper forms provided
by the Village. Applications shall include a site plan scaled to at
least one inch equaling 200 feet with the following:
A.
A map showing the location of the premises and the adjoining properties
within 500 feet.
B.
Any existing or future buildings, easements, property lines, and
setbacks.
C.
Any existing waterways, floodways and navigable streams.
D.
A scaled section view of the pond or lake with slopes, depths, high
and low water levels.
E.
Outflow design.
F.
Methods of maintaining water level.
G.
Proposed access to the site.
H.
Proposed regrading and revegetation of the site after completion.
I.
Contour intervals of the proposed site at intervals of 20 feet.
J.
If the excavation site shall fall within a county floodplain, shoreland,
or conservancy zone district, the regulations as set forth in the
Shoreland-Floodplain Protection Ordinances for Brown County shall
apply. Brown County, Department of Natural Resources, and EPA permits
must accompany application if required.
K.
Applications shall be approved or denied within 60 days from the
date all information is received in order. No application shall be
processed or approved without adequate information.
A.
All ponds and artificial lakes shall be designed within the scope
of this article. In all cases where a portion of the pond or lake
will have a slope of greater than 3:1, a slope of no greater than
3:1 shall be maintained around the entire perimeter of said pond to
a minimum water depth of 48 inches before the greater slope may occur.
B.
All ponds and lakes shall have an outflow to maintain the maximum
normal water level; the size of this outflow shall be determined by
design and shall be capable of removing one inch of water from the
surface of the entire pond or lake every 12 hours. The size of the
outflow pipe shall not be less than six inches in diameter. Calculations
shall be provided with the permit application. Outflows shall not
flow directly onto adjacent parcels of property. Outflow discharge
may cross adjacent parcels through a natural existing waterway only,
but in no case shall this discharge create a waterway or a nuisance.
A safety buffer area with a slope of 3:1 or less shall be established
and maintained from normal high water level; this area shall be no
less than six feet measured from the water's edge.
D.
The minimum side and rear setbacks shall be 30 feet; front setbacks
and corner side setbacks shall be 50 feet.
E.
The Village of Hobart may at its discretion require fencing and dry
hydrants. Where such fencing is required, the following criteria shall
be used:
(1)
A structural fence four feet in height and no less than six
feet from the water's edge at the high water line shall be provided.
It shall be constructed so that no holes, gaps, or openings larger
than four inches in any dimension. All gates or doors shall be kept
securely latched at all times when unsupervised.
F.
The groundwater table in the surrounding area and adjacent to the
pond or lake shall be protected.
G.
Village and state permits shall be required if high-capacity wells
are drilled on the site. Location of all wells shall be provided on
the site plans; well logs shall be provided to the Village after completion
of the well.[1]
H.
At all stages of operations, proper drainage shall be provided to
prevent the collection and stagnation of water and to prevent harmful
effects upon surrounding properties.
I.
The premises shall be excavated and graded in conformity with the
plan as approved. Any deviation from the plan shall be cause for the
Village to revoke the permit.
J.
The perimeter of the pond/lake/body of water shall be landscaped
and seeded with a perennial ground cover within three months after
completion of the excavation.
K.
The Village of Hobart retains the right to require any other and
or future restrictions as deemed necessary to protect the health,
safety, and welfare of the community.
L.
Introduction of fish, game, or plant life shall meet DNR regulations.
A.
Owner/agent shall call for the following required inspections 24
hours in advance; other periodic inspections shall be granted to the
Village of Hobart Zoning Administrator/Building Inspector, Village
Board and Planning and Zoning Commission during normal working hours.
B.
A site inspection shall be made prior to any excavation. Property
lines adjacent to the excavation, proposed excavation boundaries,
and outflow termination point shall be marked clearly for site approval.
C.
An excavation inspection shall be made after all slopes are established.
D.
Final inspection shall be made when all fencing is in place (when
required) and the pond/lake has reached its minimum water level.
The owner of any land on which a man-made body of water shall
exist is required to maintain that land and body of water within the
limits of this chapter.
Permit fees shall be established and charged as per the Village
fee schedule.
A construction deposit shall be required.
Any person, firm, company, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any provisions of this article shall, upon conviction thereof, be subject to the penalties provided in § 1-3. Each day that a violation is permitted to exist shall constitute a separate offense and may be punishable as such.