[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 10.2 of the 2000 Code. Amendments noted where
applicable.]
A.
Authority. This chapter is adopted under the authority granted by
§ 92.17, Wisconsin Statutes.
B.
Findings and declaration of policy. The Hobart Village Board finds
that landowner activities conducted in close proximity to surface
water can pollute the Village of Hobart's water resources, and
may result in actual or potential harm to the health of residents
and transients; to livestock, aquatic life and other animals and plants;
and to the property tax base of the Village of Hobart.
C.
Purpose. The purpose of this chapter is to complement Chapter 121, Building Construction, and Chapter 295, Zoning, and to regulate landowner activities within the approximately 90.52 miles of agricultural shoreland management area within the Village to prevent surface water pollution and thereby protect the health of Village of Hobart residents and transients; prevent the spread of disease; and promote the prosperity and general welfare of the citizens of the Village of Hobart.
D.
Applicability.
(1)
This chapter applies to all lands and surface water in the Village of Hobart that are in the agricultural shoreland management area, as defined in § 288-2B of this chapter. The Village of Hobart shall use United States Geological Survey (USGS) quadrangle maps, with a scale of 1:24,000, to identify rivers, perennial streams, intermittent streams, lakes and ponds included under the jurisdiction of this chapter.
(2)
This chapter does not apply to lands and surface waters within the
boundaries of a drainage district operated under Chapter 88 of the
Wisconsin Statutes.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Village of Hobart and shall
not be deemed a limitation or repeal of any other power granted by
the Wisconsin Statutes.
F.
Conflicts with Brown County's Shoreland Zoning Ordinance. Any
conflict or inconsistency between this chapter and Brown County's
Shoreland Zoning Ordinance will be governed by the more restrictive
provision.
G.
Effective date. This chapter shall become effective upon adoption
and publication by the Village of Hobart and upon approval by the
Department of Agriculture, Trade and Consumer Protection.
A.
For purposes of this chapter, the following definitions shall apply.
Words used in the present tense shall include the future; the singular
number includes the plural number, and the plural number includes
the singular number. The word "shall" is mandatory and not directory.
B.
AGRICULTURAL LANDS
AGRICULTURAL SHORELAND CORRIDOR
AGRICULTURAL SHORELAND MANAGEMENT AREA
BARNYARD
BEST MANAGEMENT PRACTICE
INTERMITTENT STREAM
NOTICE OF AVAILABILITY OF FUNDS
NOTICE OF PROBLEM
ORDINARY HIGH-WATER MARK
PASTURE
PERENNIAL STREAM
TECHNICAL GUIDE
VEGETATIVE BUFFER
As used in this chapter, the following terms shall have the meanings
indicated:
Lands in agricultural use. Agricultural use has the meaning
provided under § 91.01(2), Wisconsin Statutes. Uses under
this definition include beekeeping; commercial feedlots; dairying;
egg and/or poultry production; floriculture; fish or fur farming;
forest and game management; grazing; livestock raising; orchards;
greenhouses and nurseries; grain, grass, mint and seed crops; raising
fruits, nuts and berries; sod farming; land idled under federal payment-in-kind
programs or the Conservation Reserve Program; participation in the
dairy-herd buyout program; and vegetable raising.
Land extending 20 feet from the top of the bank on each side
of a perennial stream or river, the center line of an intermittent
stream, or the ordinary high-water mark of any lake or pond shown
on a United States Geological Survey quadrangle map with a scale of
1:24,000.
All land that is within 300 feet of the following features
as designated on United States Geological Survey quadrangle maps with
a scale of 1:24,000:
A feedlot, dry lot or any area, other than a pasture, where
animals have been or will be fed, confined, maintained or stabled
for a total of 45 days or more in any twelve-month period.
A practice included in the technical guide or an alternative
best management practice that the Department of Agriculture, Trade
and Consumer Protection determines to be the most effective, practicable
means of preventing or reducing soil erosion or pollution from agricultural
nonpoint sources to a level compatible with soil and water resource
objectives.
A channel in which water does not flow continuously and that
is identified as an intermittent stream on the United States Geological
Survey quadrangle map with a scale of 1:24,000.
A first class letter, return receipt requested, mailed by
the Village of Hobart to the owner of the lands not meeting chapter
standards, informing them of the availability of cost-share funds
under § 92.14, Wisconsin Statutes.
A first class letter, return receipt requested, mailed by
the Village of Hobart to the owner of the lands not meeting the chapter
standards, informing the owner of the nature of the problem and the
necessary process to correct it.
The point on the bank or shore to which the presence and
action of surface water is so continuous as to leave a distinctive
mark. This may be erosion, absence of land plants, predominance of
aquatic plants, or other recognized characteristics.
Land with a permanent, uniform cover of grasses or legumes
used as forage for livestock. Pastures do not include areas where
supplemental forage feeding is provided on a regular basis.
A channel where water flows continuously and that is identified
as a perennial or permanent stream on the United States Geological
Survey quadrangle map with a scale of 1:24,000.
The United States Department of Agriculture Natural Resources
Conservation Service Field Office Technical Guide that is currently
in effect.
An area within the agricultural shoreland corridor that is
maintained at a minimum level of 70% ground cover.
A.
General requirement. Any person who conducts landowner activities
within the agricultural shoreland management area or who employs another
person to do the same, on land subject to this chapter, shall be subject
to the provisions of this chapter. All activities on land within agricultural
shoreland management areas must be conducted in ways that prevent
soil erosion and minimize the movement of suspended solids into surface
water.
A.
Agricultural activities in the agricultural shoreland corridor.
(1)
Vegetative buffer. Landowners or operators shall establish and maintain
an adequate vegetative buffer or equally effective erosion control
practice, in the agricultural shoreland corridor. When a vegetative
buffer is established, the plant variety or seed mixture shall be
one of those listed in Technical Guide Standard 342, Critical Area
Planting. If any activity disturbs a vegetative buffer in the agricultural
shoreland corridor, the landowner must replant or restore the disturbed
area to an effective vegetative buffer as soon as practicable. Row
cropping and tillage practices are prohibited in the agricultural
shoreland corridor, except that tillage practices are allowed to establish
or reestablish a seed bed.
B.
Agricultural activities in the agricultural shoreland management
area.
(1)
Cropland areas with annually tilled crops. Erosion on cropland within
the agricultural shoreland management area must not exceed the tolerable
rate (T) for the predominant soil in the field.
(2)
Pastures. Pastures within the agricultural shoreland management area
must comply with Technical Guide Standard 510 for pasture and hayland
management. Rotational grazing must comply with the UW-Extension publication
"Pastures for Profit" (February 1993 edition).
(3)
Agricultural lands receiving manure and other nutrients. Agricultural
lands within the agricultural shoreland management area must meet
Technical Guide Standard 590 if they receive manure and other nutrients
through the application of sludge, commercial fertilizer, and other
added nutrients.
A.
Delegation of authority. The Village of Hobart hereby designates
the Zoning Administrator/Building Inspector, overseen by the Planning
and Zoning Commission, to administer and enforce the provisions of
this chapter.[1]
B.
Administrative duties. In the administration and enforcement of this
chapter, the Village of Hobart Zoning Administrator/Building Inspector
shall:
(1)
Inform all landowners or operators subject to this chapter of the
potential agencies which may be available to provide technical or
financial assistance.
(2)
Establish a procedure for landowners or operators to contact the
Village of Hobart Zoning Administrator/Building Inspector about conditions
on their land that are not in compliance with the chapter and establish
a procedure for landowners or operators to apply for funding.
(3)
Send notices of problem to landowners or operators that are not in
compliance with the chapter.
(4)
Send notices of availability of funds to landowners or operators
that are not in compliance with the chapter.
(5)
Provide accomplishment reports to the Department of Agriculture,
Trade and Consumer Protection on the activities related to the chapter
and its effectiveness.
(6)
Investigate complaints relating to compliance with the chapter.
(7)
Perform other duties as specified in the chapter.
C.
Inspection authority. The Village of Hobart Zoning Administrator/Building
Inspector, or its designee, is authorized to enter upon any lands
affected by this chapter to inspect the land to determine compliance
with this chapter. If permission cannot be received from the landowner
or operator, entry by the Village of Hobart Zoning Administrator/Building
Inspector, or its designee, shall be according to § 66.0119,
Wisconsin Statutes.
D.
Enforcement procedure.
(1)
A notice of problem must be mailed to the landowner or operator stating
that the standards of this chapter have not been met. The Village
of Hobart Zoning Administrator/Building Inspector, or its designee,
shall prepare a conservation plan with the landowner or operator including
a schedule of implementation. The Village of Hobart Zoning Administrator/Building
Inspector, or its designee, must provide a notice of availability
of funds to the landowner or operator when funds are available to
implement or install the necessary practices. A minimum of one year
must elapse after the landowner's plan and schedule have been developed
before beginning any enforcement action. The one-year deadline for
enforcement action may be extended upon agreement between the landowner
or operator and the Village of Hobart Zoning Administrator/Building
Inspector.
(2)
The Village of Hobart Zoning Administrator/Building Inspector, or
its designee, must provide, along with the notice of problem: a list
of pertinent best management practices and associated average costs
per unit as provided by the Village of Hobart Zoning Administrator/Building
Inspector, or its designee; a written statement informing the landowner
of the right to appeal the decision; and the appeals procedure.
A.
Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to the penalties provided in § 1-3. Each day of violation shall constitute a separate offense. A violation includes failure to comply with any standard of this chapter or with any condition or qualification attached to the conservation plan.[1]
B.
Enforcement by injunction. As a substitute for or in addition to
forfeiture actions, the Village of Hobart Zoning Administrator/Building
Inspector may seek to enforce any part of the chapter by seeking injunctions
or restraining orders.
A.
Application;
standards.[1]
(1)
Application.
(a)
An application for a variance shall be filed with the Village
Clerk-Treasurer. The application shall contain such information as
the Board of Appeals by rule may require. Due notice of the hearing
shall be given to parties of interest, as well as owners of property
located within 100 feet of the property in appeal. The Board shall
reach a decision within 60 days from the filing of the request for
variance.
(b)
Notice of the time and place of such public hearing shall be
published as provided in the state law on planning and zoning and
applicable to the Village of Hobart.
(2)
Standards for variances. Variances may be granted by the Board of
Appeals only when:
(a)
Because of the particular physical surroundings, shape or topographical
condition of the specific property involved a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were to be carried out.
(b)
Conditions upon which a petition for a variance is based are
unique to the property for which the variance is sought, and are not
applicable, generally, to other property within the same zoning classification.
(c)
Alleged difficulty or hardship is caused by this chapter and
has not been created by any person presently having an interest in
the property.
(d)
Granting of the variance shall not be detrimental to the public
welfare or injurious to other property or improvements in the neighborhood
in which the property is located.
(e)
Proposed variance shall not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion
of the public streets, or increase the danger of fire, or endanger
public health and safety, or substantially diminish or impair property
values within the neighborhood.
B.
Procedure. Variances from the requirements of this chapter may be
granted by the Village of Hobart Board of Appeals based on any of
the following findings:
(1)
Staff
are not available due to excessive workload to develop conservation
plans or schedules of implementation.
(2)
Cost-share funds have not been made available to the landowner or
operator as required under § 92.17(2m), Wisconsin Statutes.
(3)
Severe weather or other catastrophic events beyond the control of
the landowner or operator which make implementation impractical.
(4)
The installation or implementation of all components of the conservation
plan will not or does not result in complete compliance with the chapter.
A variance under this provision can only be granted if all the components
of the plan are installed or implemented.
A.
Authority. Pursuant to Wis. Stats., Chapter 68, the Board of Appeals
is hereby authorized to hear and decide appeals where it is alleged
that there is error in any order, requirement, decision, or determination
by the Village of Hobart Zoning Administrator/Building Inspector in
administering the chapter.[1]
B.
Who may appeal. Appeals may be made by any person having a substantial
interest which is adversely affected by the order, decision, or determination
made by the Village of Hobart Zoning Administrator/Building Inspector.
