No person, firm or institution, public or private, shall transfer
to, dump or place upon lands, public or private, solid fill within
the Village of Whitefish Bay without first obtaining a permit therefor.
Application for a filling permit to transfer, dump or place
solid fill within the Village of Whitefish Bay shall be made by the
owner of the lands to be filled or his designated agent in writing
to the Village Board upon an application made available by the Village.
A separate hauling permit shall be obtained for each truck or vehicle
hauling the fill material. The applicant shall set forth in the application
the following information:
A. Location of filling operation.
B. Proposed route for hauling fill.
C. Number, type and size of trucks to be used.
D. Proposed trucking schedule, number of days, time of day, etc.
E. Other equipment involved in fill operation.
F. Descriptions and source of fill material.
G. A plan which shall include, but which shall not be limited to, a
description of area where operation is to take place; intent and purpose
of the plan; engineering studies, if any; plan for plantings; plan
for grading; cross-section drawings showing the topography of the
land before commencing the filling operation, and upon completion
of the filling operation; plan for shore protection; and other such
requirements, tests, and surveys that may be imposed and information
that may be requested by the Village concerning the fill area and
access routes thereto.
H. Daily maintenance schedule for access and hauling route, including
description of the personnel and equipment on site or contracted for
this purpose. Applicant shall provide a description of measures to
be taken to control dust, mud, ice, stormwater, etc.
[Amended by Ord. No. 1419; at time of adoption of Code (see Ch. 17, Village Code and Ordinances,
Art. I)]
A. A nonrefundable fee as set from time to time by the Village Board
shall accompany the application for filling permit.
B. A nonrefundable fee as set from time to time by the Village Board
per truck or vehicle hauling fill materials to the fill area shall
be paid. Applicant shall also pay all expenses incurred by the Village
for its review and issuance of the filling permit.
Fill material shall be clean, inert material free from organic
matter, brush, garbage and material subject to organic decomposition.
Fill containing items such as hollow containers, appliances and equipment
subject to subsequent collapse or settlement is prohibited. Generally,
material such as earth fill and broken concrete of a size to be approved
by the Village Manager will be classified as acceptable fill subject
to other permit requirements.
The Village Board may authorize the Village Manager to issue a filling permit to each applicant when it is satisfied that the fill material meets the requirements in §
15-57 above and that the filling operation will not create unreasonable noise, traffic or other problems detrimental to a residential community in the area of said filling. The permit shall not authorize any filling between the hours of 5:00 p.m. and 7:00 a.m. on weekdays nor at any time on Saturday, Sunday or on a statutory holiday. The permit may restrict the hours of filling or the number of trucks involved based on the location of the filling operation and the traffic conditions in the area of the filling. The filling permit shall be for a period not to exceed three consecutive months. The hauling permit shall be for a period not to exceed three consecutive months. Permit applications for subsequent time periods will be subject to conditions and fees governing initial application. Filling and hauling permits are nontransferable.
[Amended by Ord. No. 1419; at time of adoption of Code (see Ch. 17, Village Code and Ordinances,
Art. I)]
The filling permit shall not be effective until the posting
of a $1,000 cash deposit with the Village. Said cash deposit shall
be held by the Village to insure adequate cleanup of streets and surrounding
areas from spillage, debris, dust, all other material from the trucks
carrying the fill, and inspection of filling operations by Village
personnel. In the event the permittee or his contractor fail to clean
up the streets at sufficient time intervals, the Village may clean
up said streets and use such part of the cash deposit for the expense
of cleanup. The Village shall maintain a record of inspections conducted
by Village personnel and use such part of the cash deposit for the
expense of inspections. In the event that all or any portion of the
initial $1,000 cash deposit is used for such cleanup or inspection,
the permittee or his contractor shall post additional sums of money
so that the deposit will continue to be maintained in the amount of
$1,000 for the entire time period of the filling permit.
The permit shall not be effective until the posting of such
surety bond as the Village Board may require to cover possible damage
to streets and utilities caused by the fill or the transporting of
the fill. The Village Board shall determine the amount of the surety
bond to be required in the case of each individual permit, taking
into consideration the amount of fill and trucking and the anticipated
effect on surrounding streets, public lands and utilities.
The filling permit shall not be effective until all applicable
county, state or federal licenses or permits are obtained and copies
are provided to the Village. This article shall in no way limit the
requirements of those other jurisdictions to restrict or require their
approval or permit, if necessary.
Filling operation shall not block a natural drainage course.
This article shall not apply to customary top dressing of fertilizing
of lawns and gardens, nor shall it apply to construction of block
or concrete patios, driveways or platforms permitted under the Village
Code. Filling involved in an operation requiring a building permit
or a wrecking permit is exempt from this article of the Code.
Permittee may provide an on-site nonilluminated sign to identify
the filling site access. Said sign shall not exceed 36 square feet
in size and shall have copy as follows:
"(Name as assigned by Village Manager)"
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Normal Operations 7:00 a.m. to 5:00 p.m. weekdays
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Closed Saturdays, Sundays, Holidays
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"Site Open" - "Site Closed" designations
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[Amended by Ord. No. 1442; at time of adoption of Code (see Ch. 17, Village Code and Ordinances,
Art. I)]
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
17, Article
III, General Penalty, of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.