[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:
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.
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.
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.
A line that connects all the ordinary high-water marks on
the banks or shore where the water is present.
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]
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.
