City of Monona, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Monona as § 6-1-12 of the 1994 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CLEANING WORK
Any effort that will result in the removal of the deposits on the bed and banks of a navigable waterway that occurred throughout the years, including mechanical dredging, hydraulic dredging, hand work cleaning, or work of a similar character.
NAVIGABILITY
A waterway is navigable if it has bed and banks and it is possible to float a canoe or other small craft in it at some time of the year.
ORDINARY HIGH-WATER MARK
The point on the bank or shore where the water is present often enough so that the lake or stream bed begins to look different from the upland. Specifically, the ordinary high-water mark is the point on the bank or shore up to which the water, by its presence or wave action or flow, leaves a distinct mark on the shore or bank. The mark may be indicated by erosion, destruction of/or change in vegetation, or other easily recognizable characteristics.
SHORELINE
A line that connects all the ordinary high-water marks on the banks or shore where the water is present.
WATERWAY
Any navigable water body.
A. 
Application. A written application may be made by any interested party to the City Engineer requesting consideration for the cleaning of a waterway and/or stabilizing of a shoreline. No application shall be processed unless accompanied by a fee as prescribed by the City's Fee Schedule. The fee shall be credited against any assessment for waterway maintenance but shall be otherwise nonrefundable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Application review by City Engineer. Upon receiving the written application, the City Engineer (hereafter "Engineer") shall conduct a preliminary review of the proposed work, which shall include:
(1) 
Rough cost estimate.
(2) 
Recommendation on whether project design planning shall be performed by the City Engineer or an outside engineering firm.
(3) 
Evaluation of project's environmental impact.
(4) 
Consultation with the Department of Natural Resources to ascertain permit procedure/timetable.
(5) 
Contact with affected/surrounding property owners to determine availability of construction easements.
(6) 
Such other factors as deemed appropriate by the City Engineer.
(7) 
Written recommendation to the Public Works Committee regarding the advisability of the project.
C. 
Hearing before Public Works Committee. Upon receipt of the Engineer's report the Public Works Committee shall hold a hearing on the application for the cleaning of a waterway and/or stabilizing of a shoreline. Notice shall be given to the public and affected property owners. The Public Works Committee shall determine the procedures to be utilized at any such hearing.
D. 
Decision of Public Works Committee. The Public Works Committee may recommend approval or rejection of the project and shall in writing inform the public and affected property owners of its decision.
E. 
Report to/consideration by Common Council. Any project receiving a positive recommendation shall be recommended by the Public Works Committee for inclusion in the Capital Improvement Budget for the subsequent year's City Budget. The Common Council shall have final approval of all projects.
F. 
Design/planning.
(1) 
Any project approved by the Common Council shall be designated and constructed in substantial compliance with the specifications prescribed by the Engineer or designee and approved by the Public Works Committee. The final design plans shall include a recommendation as to the average distance to be utilized in assessment calculations.
(2) 
If during the design/planning process problems exist which, in the opinion of the Engineer, change the scope or nature of the project and/or make the project unfeasible, which shall include but not be limited to increased costs, inability to secure necessary easements, unwillingness of property owners to remove temporary structures, or any other substantial concern, the Engineer shall make a report to the Public Works Committee, which shall then recommend to the Council whether to proceed with the proposed project.
G. 
Assessment and cleaning process: lakefront.
[Amended 5-2-2011 by Ord. No. 4-11-623]
(1) 
Following review and approval of the project's final design plan, the cost of the proposed cleaning work shall be specially assessed pursuant to the following schedule:
(a) 
Seventy percent to abutting property owners and 30% to City: for any cleaning work within fifty-foot average distance from the shoreline; for any cleaning work of a total width of fifty-foot average or less.
(b) 
Sixty percent to abutting property owners and 40% ti City: for any cleaning work which extends from the shoreline more than fifty- and less than one-hundred-foot average distance; for any cleaning work of a total width of 50 feet and less than 100 feet on average.
(c) 
Fifty percent to abutting property owners and 50% to City: for any cleaning work that extends from the shoreline 100 feet or greater distance; for any cleaning work of a total width of 100 feet or more on average.
(d) 
The average distance shall be the mean of the length of a set of parallel lines extended from the shoreline to the point of the dredging limits evenly spaced at 10 feet. Only one assessment schedule per project shall apply.
(2) 
The assessment methodology shall utilize the meander line for calculation of frontage method. This assessment schedule shall not apply to shoreline stabilization. The City shall pay no costs for shoreline stabilization except pursuant to Subsection G(3) below.
(3) 
Notwithstanding the above, the City may elect to follow a different special assessment schedule when, in the judgment of the Common Council, after review by the Public Works Committee, it would be inappropriate and unfair to apply the schedule set forth above.
H. 
Assessment and cleaning work policy: lagoons, rivers and channels.
[Added 5-2-2011 by Ord. No. 4-11-623]
(1) 
Following review and approval of the project's final design plan, the cost of the proposed cleaning work shall be specially assessed pursuant to the following schedule: Seventy percent to abutting property owners and 30% to City.
(2) 
The assessment methodology shall utilize the shoreline for calculation of frontage method. This assessment schedule shall not apply to shoreline stabilization. The City shall pay no costs for shoreline stabilization except pursuant to Subsection H(3) below.
(3) 
Notwithstanding the above, the City may elect to follow a different special assessment schedule when, in the judgment of the Common Council, after review by the Public Works Committee, it would be inappropriate and unfair to apply the schedule set forth above.
(4) 
City cost-sharing for cleaning work associated with the Belle Isle channels shall occur no more often than once every 25 years.
(5) 
City cost-sharing for cleaning work associated with the Cove Circle channel and Schluter Beach channel shall occur no more often than once every 15 years.