A.
Purpose. This section is adopted in order to protect property owners
from possible damage due to change in the existing grade or runoff
from adjoining lands and to aid in preserving and protecting the natural
resources, natural beauty, and the character of the landscape.
C.
Applicable laws. No land development or land altering activity shall
occur that would violate requirements of applicable federal, State
of Wisconsin, Waukesha County or local municipal codes, statutes,
ordinances, regulations, rules and lawful orders.
D.
General requirements. Any land altering or land development activity
regulated under this code shall comply with the following minimum
requirements and the technical standards:
(1)
Site drainage. Minimize adverse impacts from site drainage, including other property, the general public or natural resources, in accordance with § 300-15 of this code.
(2)
Construction site erosion control. Control soil erosion and off-site
sedimentation during construction activities until final grading is
complete and vegetation is established.
(3)
Site stabilization. All disturbed areas shall be stabilized within
seven days of final grading. Any disturbed area that remains inactive
for greater than seven days shall be stabilized with temporary soil
stabilization measures.
(4)
Environmental corridors. Environmental corridors shall not be disturbed
unless a building envelope is designated and unless otherwise permitted
by this code or other official actions by the Town of Vernon and Waukesha
County. Disturbance of slopes 12% or greater within an environmental
corridor shall be prohibited unless no practicable alternative exists.
(5)
Slopes. Proposed activity shall fit the natural terrain of the site, minimizing grade changes, steep slopes, and impact on the surrounding landscape to the extent practicable. Slopes steeper than two horizontal to one vertical must be approved in accordance with § 300-17F below and may require additional soil reinforcement or other slope stabilization measures than required under applicable technical standards.
[Amended 2-7-2019 by Ord.
No. 2019-01]
(6)
Pond design. All ponds shall comply with applicable technical design
standards published by the WDNR, the USDA-Natural Resources Conservation
Service, and Waukesha County, including but not limited to soil investigations,
safety shelf, berm design, compaction specifications, inlet/outlet
design and erosion control.
(7)
Earthen berm design. Any earthen berm constructed for non-stormwater
management purposes shall have variable top elevations, and include
a diversity of landscape plantings to improve aesthetics, if practicable.
(8)
Retaining walls. All retaining walls shall be installed according
to manufacturer's recommendations and shall include provisions for
adequate soil drainage behind the wall, such as stone aggregate, weep
holes and tile drains. Any plan designs for a retaining wall proposed
to be greater than four feet in height from the finished grade must
be designed and stamped by an architect, landscape architect, or professional
engineer licensed by the State of Wisconsin and shall be subject to
approval by the Town Zoning Administrator and approved prior to construction.
(9)
Individual grading plan.
(a)
An individual grading plan shall be required for all land altering
(or land development) activity prior to the issuance of a building
permit. The same shall be submitted to, and subject to the approval
of, the Town Building Inspector and/or Town Engineer. In some instances,
such as land altering (or land development) activity that requires
a stormwater management and erosion control permit, the same may be
subject to the approval of Waukesha County. An individual grading
plan shall contain components that depict site drainage patterns,
stormwater management and erosion control measures; elevations for
roads and lots; building floor elevations that are subject to grade
restrictions; drainage and utility easements, setbacks, location of
natural areas, including environmental corridors, wetlands, and floodplains,
and other information deemed appropriate by the approving authorities.
(b)
Upon completion of the project, but prior to occupancy, a grade
recertification of the individual grading plan (also known as an "as-built
survey") to verify the compliance with the original grading plan shall
be submitted to, and subject to the approval of, the Town Building
Inspector and/or Town Engineer prior to the issuance of an occupancy
permit. Upon showing of valid cause by the applicant, the Town Building
Inspector may authorize the issuance of an occupancy permit, but not
the release of any project bonds with a condition that the grade recertification
as required above shall be completed within four months by the applicant.
Failure of the applicant to provide the same within four months shall
result in the automatic forfeiture of all project bonds through the
Town of Vernon. The Town Building Inspector shall contract for the
grade recertification as required above and any costs for the same
shall be charged as a special charge against the subject property.
E.
Prohibited activities. The following land altering or land development
activities are prohibited.
(1)
Those that may have significant adverse impacts on the owner, adjoining
properties, the general public or natural resources, as determined
by the Town Zoning Administrator.
(2)
Construction or replacement of any retaining wall greater than six
feet in height at any point above finished grade.
(3)
Construction or replacement of any retaining wall greater than four
feet in height at any point above finished grade within 50 feet of
a floodplain or wetland boundary at any point. Averaging of the fifty-foot
setback in this provision is prohibited.
F.
Applicability for zoning use approvals. Any proposed land altering or land development activity that meets one of the following criteria shall require Town of Vernon and Waukesha County (if applicable) approval in accordance with the procedures and requirements in § 300-17G through I below. This zoning use approval is in addition to a county stormwater permit and other requirements that may apply.
[Amended 2-7-2019 by Ord.
No. 2019-01]
(1)
Retaining wall. Construction of a retaining wall greater than four
feet in height at any point above finished grade; or a series of retaining
walls greater than six feet in total height at any point above finished
grade with less than four feet between each wall; or any retaining
wall greater than four feet which is proposed to be located five feet
or less from a property boundary. If the Town Zoning Administrator
determines that a proposed retaining wall is replacing an existing
retaining wall less than four feet in height and of otherwise equal
dimensions, location and setback, the activity shall be exempt from
this section.
(2)
Grade changes.
(a)
Increasing or decreasing existing ground surface elevation greater
than four feet at any point where the top or bottom of the proposed
slope is within 10 feet of any existing property boundary or within
50 feet of an environmental corridor; or
(b)
Increasing or decreasing existing ground surface elevation steeper
than two horizontal to one vertical or a total elevation change of
six feet or greater at any point; or
(c)
Bringing in fill material to a site, removing excavated material
from a site, or disturbing material on a site in quantities greater
than 1,000 cubic yards, as determined by the Town Zoning Administrator,
unless otherwise approved through an individual grading plan.
(3)
Ponds. Construction of any pond with a proposed water surface area
of 20,000 square feet or greater or water surface within 50 feet of
a property line, environmental corridor, wetland or floodplain at
any point shall require a zoning use permit.
(4)
Exempt from this section. The following shall be exempt from this
section, but shall require a county stormwater permit:
(a)
Any wetland enhancement, restoration or development project
approved by the WDNR and the top or bottom of a proposed slope is
15 feet or greater from the nearest existing property boundary at
any point; and
(b)
Any stormwater management practice permitted under the Waukesha
County's Stormwater Ordinance if the top or bottom of the proposed
slope is located 15 feet or greater from the nearest existing property
boundary or environmental corridor at any point. However, if a proposed
berm for a stormwater management practice is greater than four feet
in height at any point, the applicant may be required to complete
additional engineering review or meet more restrictive berm design
requirements, depending on the Waukesha County's determination of
risk for downstream damages.
G.
Application. All applications and associated fees submitted for approval under § 300-17F above shall include an individual grading plan prepared and stamped by an architect, landscape architect, or professional engineer licensed by the State of Wisconsin. The individual grading plan shall be of adequate scale, accuracy and clarity, as determined by the Town Zoning Administrator (survey preferred), and shall include all applicable items listed below:
[Amended 2-7-2019 by Ord.
No. 2019-01]
(1)
Plan view and cross-sections of existing and proposed grades on the
subject property, including top and bottom elevations of proposed
retaining walls;
(2)
Existing grade of any adjacent property that is, at any point, closer
than 20 feet to any portion of the proposed land altering activity,
showing how the proposed grades will tie into the existing adjacent
property grades;
(3)
Proposed cut and fill slopes, total depths and slope ratios (horizontal
and vertical);
(4)
Proposed volume of excavation and fill material involved in cubic
yards, including the source and content of any proposed fill;
(5)
Proposed boundaries of the land disturbance, planned pond water surface
area, and the square footage of each area;
(6)
Location of natural areas, such as environmental corridors, floodplains,
or wetlands;
(7)
Proposed soil stockpile locations, length of time they will exist
and methods of stabilization or sediment control;
(8)
Proposed temporary erosion and sediment control practices, such as
silt fence, mulch, soil treatment and temporary seeding;
(9)
Proposed permanent vegetation plan, including topsoil application
depth, seed mixes, amounts, application methods, timing, and stabilization
methods such as mulch, soil treatment, and matting; and
(10)
Any other site drainage, stormwater management, erosion control or other items that may be required under a stormwater permit or by the Town Zoning Administrator to complete the review process under § 300-17H and I below, or to otherwise ensure compliance with this code.
[Amended 2-7-2019 by Ord.
No. 2019-01]
H.
Procedures for approval.
(1)
Upon submission of a complete application to the Town of Vernon Town
Clerk, the Town of Vernon will consider the request as described herein.
(2)
The Town of Vernon shall provide written notice of the Town Plan
Commission meeting to owners of land within 300 feet of the subject
property, by regular mail that is mailed at least 10 days prior to
the Town Plan Commission meeting. The Town Plan Commission shall transmit
their decision in writing to Waukesha County.
(3)
All property owners notified shall have the opportunity to comment
on the proposed request during the scheduled Town of Vernon Plan Commission
meetings.
I.
Zoning use review criteria. When determining whether to authorize any land altering or land development activity under § 300-17F above, the Town of Vernon and Waukesha County shall consider all of the items listed below, and ensure compliance with the general requirements under § 300-17D above. The Town of Vernon may make a referral to the Waukesha County for a determination of necessity for a county stormwater permit.
[Amended 2-7-2019 by Ord.
No. 2019-01]
(1)
The aesthetic impact.
(2)
The potential for adverse drainage.
(3)
The potential impact upon neighboring properties.
(4)
The potential impact upon environmentally sensitive areas.
(5)
The potential impact upon existing lakes and streams.
(6)
The potential impact on roadways and other infrastructure.
(7)
Public safety.
(8)
The length, height, design and location of any retaining walls or
earthen berms.
(9)
If a retaining wall is needed to stabilize the grade or control soil
erosion based on existing topography.
(10)
How the proposed activity fits with the individual grading plan,
if applicable.
(11)
Proposed landscaping and screening.
(12)
The materials used and source for fill, landscaping, and retaining
walls.
(13)
The total area of land disturbance.
(14)
Proposed pond size, use, location, design, landscaping, and
water source.
A.
Every building erected, structurally altered, or relocated shall
be at a grade approved by the Town Building Inspector and/or Town
Engineer as being in satisfactory relationship with the established
street grades, or with the existing street grade where one is established,
with particular consideration including, but not limited to, proper
drainage, safe vehicular access, highest groundwater table, and adjacent
property elevations.
B.
Vertical locations. No building intended for human habitation shall be located so that the bottom of the lowest floor, including any basement floor, is less than one foot above the highest ground water table, unless in compliance with § 300-19A(1).
A.
Adequate drainage required. In no case may a principal building be
located in an area zoned Conservancy or in an area considered to be
one of the eight types of wetlands (Type 1 through 8) as described
in Circular 39 of the Fish and Wildlife Service, United States Department
of the Interior, published in 1956 and which are on record on the
1975 aerial maps of the Southeastern Wisconsin Regional Plan Commission.
No principal building shall be erected, or relocated, and no below-grade
structures shall be expanded on newly created or existing lots that
are not in compliance with the site drainage standards contained in
the Waukesha County Storm Water Management and Erosion Control Ordinance,
including all county technical procedures and forms used to enforce
these standards [Chapter 14-342(c)]. The lowest floor, including any
basement floor, shall not be less than one foot above the highest
seasonal groundwater level. For the purposes of this section, the
"highest groundwater level" is defined as the upper limit of the zone
of soil saturation caused by underlying groundwater at its highest
level. Where groundwater limitations exist, subdivision plats and
certified survey maps shall state the lowest allowed floor elevation
for any proposed principal structure as needed to ensure compliance
with the above noted site drainage standards. All basement elevations
must comply with the subdivision plat or certified survey map master
grading plan or with the master grading plan referenced on the subdivision
plat or certified survey map. The Town Building Inspector and/or Town
Engineer may request at the owner's expense the advice and assistance
of a licensed professional engineer specializing in soils engineering
or other qualified person in fulfilling their duties pursuant to this
provision. Building, drainage, grading or other similar plans may
be required to determine compliance with this section. The Town accepts
no liability for construction activities involving groundwater limitations
and property owners are solely responsible for protecting their interests
in this regard.
(1)
The zoning use permit and building permit issued for the erection,
structural alteration or relocation of a principal building shall
state specific design, engineering and construction requirements,
as a condition of the permit, notwithstanding applicable construction
codes, which must be incorporated within the improvement to be done
on and in soil which has such conditions necessitating additional
protection of the building, basement, foundation, occupants and personal
property. Such provisions shall comply with Waukesha County Land Resources
Division's basement protection standards.
(2)
Subdivision plats and certified survey maps shall state, on their
face, whether protection measures, pursuant to the above, are likely
to be required as a condition of a zoning use and building permit.
The Town Plan Commission or Town Board may cause such notice to be
affixed to the face of the document.
(3)
In the event a dispute arises as to the necessity for or the adequacy
of the protection measures set forth above, the matter shall be reviewed
by the Vernon Board of Appeals, upon recommendation of the Town Engineer
pursuant to the appeal provisions of this code.
B.
Obstruction to drainage prohibited. The damming, filling or relocating
of any surface water drainage swale, channel, or natural watercourse
shall not be permitted except with approval of the Town Board, the
State Department of Natural Resources, and the United States Army
Corps of Engineers, when applicable.
A.
Safe sewage disposal possible. No principal building shall be erected,
structurally altered or relocated unless it conforms to all Town ordinances
and other governmental laws or regulations then applicable to sewage
disposal systems, and that satisfactory evidence has been submitted
to show that suitable provisions for disposal of sewage is possible.
A county sanitary system permit shall be required for all new private
systems. Certification from Waukesha County Environmental Health verifying
the soil's suitability to meet standards shall be furnished when a
specific system is being proposed.
[Amended 2-7-2019 by Ord.
No. 2019-01]
B.
Water supply required. No occupancy permit shall be issued for any
building unless provisions are made for a safe and adequate supply
of water in or within 300 feet of said building or connection is to
be made to an approved municipal or community water system.
Any plans for site alterations which disturb the natural cover
vegetation must include provision for adequate protection to adjacent
properties from sedimentation. Disturbed areas must be seeded or vegetated
within one year of commencement of construction.
