[Added 6-2-2015 by Ord.
No. 15-17]
A.
Required. No person shall fill upon any lot, tract or parcel of land unless he shall first obtain a filling permit pursuant to Subsection B hereof and post the same upon the premises in the manner provided for the posting of a building permit as set forth in the City's Code.
B.
Application.
(1)
Procedures. A filling permit shall be issued by the Public Works
Director/City Engineer, upon application being duly made and filed
with him, upon payment of a permit fee as set forth below. Such application
shall be signed by the owner of the premises involved, together with
the person applying for the permit if he be other than the owner;
shall contain the location of the premises and an accurate description
of the same and an estimate of the number of cubic yards necessary
to fill such land to approximately the grade of the terrain bounding
the area to be filled. The permit shall run for a period of one year
and be subject to renewal each successive year upon reapplication.
The permit may be revoked by the Common Council, upon notice to the
permittee and hearing, if the permittee is depositing or permitting
or causing to be deposited materials on such premises other than solid
fill or has failed to or refused to comply with any of the regulations
set forth herein or any of the rules, regulations and orders of the
Inspector herein.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
Hearing. Such hearing shall be conducted in the manner provided in
§ 227.15, Wis. Stats.
C.
Estimate. If it appears from the application for such filling permit that the amount of fill reasonably required to alter the contour of the subject filling site to the approximate grade of the terrain bounding the area to be filled shall exceed 500 cubic yards, the provisions of Subsection B shall become applicable and govern the issuance of such filling permit. If there is any disagreement over the estimate of the number of cubic yards required, the estimate of the Inspector shall be controlling.
Whenever the amount of fill required shall exceed 500 cubic
yards or the area exceed 1/2 acre, the applicant shall submit a topographic
and contour map at a scale of not over 100 feet to the inch with two-foot
contour intervals, using City datum. Such map shall show the proposed
fill area, the proposed final contours, drainage patterns and special
drainage devices, if necessary, and all other pertinent information
as may be required to clearly indicate the orderly development of
the fill area. Provided, however, that in the case of the excavation
or the filling in of a building site, where a building permit has
been issued for the erection of a new building or structure, the alteration
or addition thereto, and the proposed final grades of such excavation
and grading are included in the plat plans as submitted and approved
by the Building Inspector, and the total amount of filling required
does not exceed 500 cubic yards, a filling permit shall not be required.
For the purpose of this article, the following words and phrases
are defined and shall be construed to mean, unless the context in
which they are used clearly indicates an intent to the contrary, as
follows:
The act of placing, setting down or depositing solid fill
on land for the purpose of, or which has the resultant effect of,
changing the existing contour of or raising the elevation of such
land or any part thereof.
See "fill."
Required to engage in the act of filling on a specified parcel
of land.
Earth, clay, soil, ground, stones, rocks and broken concrete,
if the same does not exceed 18 inches in diameter; cinders (consisting
of the residue from the combustion of coal and not less than 1/8 inch
in diameter); or any mixture or combination of the foregoing.
The Building Inspector and/or Public Works Director/City
Engineer.
[Amended 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]
Includes oils and oil lights, sweepings from garage floors,
barrels, boxes or other containers containing oil or other similar
liquids, rags, clothes, paper, shavings, paper or cardboard boxes
or cartons, grease, paints, varnish or other similar substances, any
of which are likely to be readily flammable or combustible.
Includes any natural person, firm, corporation or partnership.
A.
Every person who shall fill upon any lot, tract or parcel of land
shall fill such land as evenly as possible and, at the end of such
filling, shall level and grade such fill and see to it that the top
thereof shall be of soil, free from broken concrete and relatively
free from gravel, and that the upper four inches thereof shall be
of soil suitable for growing grass. He shall keep the surface of such
filling free from dust at all times during the filling operations
and thereafter.
B.
Landfilling shall be operated and maintained in a sanitary manner,
rodent-free, with no emission of dust or dirt beyond its boundary
lines.
C.
All materials delivered to the landfill site shall be deposited in
a manner to prevent erosion into any watercourses, roadside ditches
or onto adjoining properties.
D.
All fill operations shall be confined to the hours of 7:00 a.m. to
sunset daily, Monday through Saturday, unless otherwise shown or permitted
on the application. No such activity shall be permitted on Sundays.
E.
No permittee hereunder shall operate equipment or otherwise cause
noise which interferes with nearby property owners in the peaceable
enjoyment of their properties. The permittee shall maintain roadways
to and across the site in a smooth condition to minimize noise of
delivery vehicles.
F.
Roadways to and across the landfill site shall be treated to prevent
dust nuisances.
G.
No natural drainageways or swales shall be blocked, and fill shall
be placed in a manner to prevent formation of water nuisances or insect-breeding
ponds.
H.
Should any fill material erode into any watercourse or onto any adjoining
property, the permittee shall remove such material at his expense
upon the order of the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
I.
Fencing or suitable visual screen, as approved by the Inspector,
due to complaints or where deemed necessary to avoid visual impairment,
shall be provided on all sides of the site unless waived by the Common
Council on application.
J.
No permittee hereunder, nor the owner of the property, shall deny
the Public Works Director/City Engineer, Building Inspector, police
officer or other authorized officer or employee of the City the right
of entry on his property during normal business hours for the purpose
of inspection thereof or for the purpose of enforcing or carrying
out the provisions of this article.
[Amended 7-5-2022 by Ord. No. 22-63]
K.
No permittee shall fail to obey a stop order or revocation order
issued by the Public Works Director/City Engineer, Building Inspector
or authorized City officer for a violation of this section. The permittee
may appeal such stop order or revocation order to the Common Council,
such appeal to be filed in writing with the City Clerk within five
days of the service thereof. If no appeal is taken within such time,
the order shall be final. Such appeal shall be heard at the next regular
meeting of the Common Council in public, at which time the permittee
may be represented by counsel. The Common Council may affirm, reverse
or modify the order appealed from and shall do so within five days
of the hearing. The permittee shall not operate under his permit until
the appeal is decided.
[Amended 7-5-2022 by Ord. No. 22-63]
L.
If any person fails to complete or correct his landfill operation
in accordance with the terms of his permit and the provisions of this
article, the Public Works Director/City Engineer shall notify the
permittee that the Common Council will hold a public hearing on his
recommendation that the City complete or correct such work, either
by City staff or contract, and assess the reasonable cost thereof
against the property on which located. Notice shall be given by personal
service or certified mail at least seven days prior to the hearing.
The permittee shall have the right to be heard and to be represented
by counsel. The Common Council, by resolution, may order the work
completed or corrected and levy a special assessment for the reasonable
cost thereof, which shall be a lien on the property, collected as
other special assessments. The permittee may appeal to the circuit
court within 20 days after a copy of the final resolution is served
upon him, by personal service or certified mail. If no appeal is taken
within such time, the assessment shall be final.
[Amended 7-5-2022 by Ord. No. 22-63]
M.
The Common Council may, in an individual case, upon recommendation by the Inspector, as a condition to issuance of a filling permit or at any time as a condition for the continuance of such permit, require compliance by the permittee with any or all of the regulations set forth in Subsection B hereof.
A.
The Building Inspector shall have such power, authority and duties
concerning the inspection, supervision and control of fill or filling
within the City as hereinafter more particularly set forth.
B.
Such Inspector shall have complete charge and supervision over the
regulation and operation of filling. He shall have, at all times,
full power and authority to require complete compliance with this
section and all other rules, regulations and orders of the City for
the regulation of filling and the enforcement of this section.
C.
Should the Inspector find that any person engaged in filling is failing
to conform to the provisions of this section or other rules, regulations
or orders, he may require that the person filling discontinue operations
forthwith and until such time as conformance to this article, rules,
regulations or orders is made. Should the operator, his servants,
agents or employees, or any other person bring upon any such land
materials which are prohibited by the terms and provisions of this
article, the Inspector shall refuse to permit such materials to be
unloaded. He shall, if any portion or all of such materials have been
unloaded, cause the operator or person bringing such materials upon
the land, to reload same and remove them from the premises.
D.
Such Inspector shall be the representative of the City at any filling
site within the City. He may require the ceasing of filling operations
and the discontinuing of operations until such time as there may be
proper compliance with this article and such other rules, regulations
and orders as may be necessary in the control, supervision and regulation
of filling lands.
The owner, lessee or any other person having possession and
control over any filling operation, be it public or private, under
the terms of this article shall be responsible for the actions of
his agents, servants or employees to the same extent as though they
were the acts of such principal; and such owner, lessee or other person
shall be subject to arrest for violation of the provisions of this
article by any of his agents, servants or employees; any penalty imposed
under the terms of this article may be imposed upon the principal
and/or the agents, servants or employees, or either or both of them.
The depositing on any land of flammable and/or combustible materials
and the depositing of fly ash, foundry refuse and other similar materials
of such texture or material that they will be capable of being airborne,
and the permitting of such depositing, shall be and is hereby declared
to be a public nuisance and is prohibited.
The Common Council may, however, in any emergency to be determined
by it involving the abatement of a nuisance or in the protection of
the public health, welfare or safety, permit the dumping of suitable
materials, even though prohibited by the terms of this article; provided
that, in each instance, application therefor shall be made in writing
to the Common Council; it shall determine the type of materials to
be dumped, the circumstances surrounding the issuance of the permit,
the justification therefor and the manner in which such operations
may be performed. Any permit issued pursuant to such approval shall
be in the nature of a special permit, separate and apart from other
permit issued to the applicant and from any permit for the operation
of a dump or fill operation upon the same premises; shall specifically
indicate the type of materials to be dumped, the manner in which the
same are to be dumped and shall contain such other specifications
and requirements as the Common Council may determine to be necessary
and desirable.
A.
The following activities shall be exempted from the provisions of
this article: filling for landscaping, gardening or filling required
for construction of accessory structures and uses up to a maximum
of 20 cubic yards in any twelve-month period.
B.
Fill required as a result of City Public Works Commission, Water
Department or similar project activity may be exempt from the requirements
of this article. The decision to exempt such activity shall be at
the discretion of the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
It is specifically determined by the Common Council that it
is the intent and purpose of this article to regulate filling operations
within the City limits on a basis whereby such operation may be readily
controlled, supervised and regulated for the protection of public
health, welfare and safety.
Any person or municipality violating the provisions of this article shall be liable for any or all damages or expenses sustained or incurred by the City by reason of any fire occurring in any such public or private dumping ground or other place within the City caused by any dumping referred to in this article, together with any expenses which the City may incur in enforcing any of the terms or provisions of this article. The penalty for violating the terms of this article shall be as set forth in § 1-4 of this Code.
