[Code 1967, § 30.001(1); Code 1997, § 14-1]
This chapter is adopted for the purpose of promoting the public health, safety and welfare of the residents and property owners of the village, to perpetuate the existence of a semirural atmosphere in the village, to ensure the preservation of existing property values, and to enhance the desirability of the village as a residential community. The village board has also adopted this chapter for the purpose of completing the records required by the building inspector, the village engineer, and the village assessor in the performance of their duties.
[Code 1967, § 30.001(2); Code 1997, § 14-2; Ord. No. 97-390, 6-5-1997; Ord. No. 01-483, 8-1-2001; Ord. No. 07-555, 3-1-2007; Ord. No. 07-566, 7-12-2007; Ord. No. 20-715, 5-13-2020; amended 1-23-2025 by Ord. No. 25-760]
(a) 
Creation and purpose.
(1) 
There is hereby created the architectural review committee of the village which shall consist of five residents of the village, at least one of which shall be an architect, unless it shall be impracticable to obtain the consent of an architect residing in the village to accept membership on the architectural review committee. One member of the committee shall be from the village board. The village board shall appoint the members of the architectural review committee for three-year terms during the month of April for a term beginning May 1. The village board liaison may appoint a substitute from the village board for those meetings for which the liaison member is unavailable.
(2) 
The purpose of the architectural review committee is to ensure that all construction and structures within the village comply with this Code, and to ensure that all structures within the village meet minimum standards of architectural quality, consistency, aesthetic design, and finish. The architectural review committee shall maintain as its goal the perpetuation of the village's character and atmosphere, preservation of existing property values, and enhancement of the desirability of the village as a residential community. Construction and renovation should be made so that exterior architectural appearance shall be substantially consistent with structures already constructed in the immediate neighborhood, or with the character of the applicable district.
(b) 
The village board may appoint alternate members to the architectural review committee, who shall serve in the absence of the regular committee appointees. The alternate members shall be classified as alternates. Alternates, serving in the absence of regular architectural review committee appointees, shall have all privileges and rights granted by this section. Appointments for alternates shall be made for a one-year term.
(c) 
The village board shall designate one of the members of the architectural review committee to act as chairperson of the committee, which appointment shall continue for one year. The chairperson shall be eligible for reappointment by the village board. The chairperson of the architectural review committee shall act as chairperson at all meetings of the architectural review committee. The members of the architectural review committee may select a temporary chairperson in the absence of the chairperson.
(d) 
The architectural review committee shall appoint one of the members of the architectural review committee to act as secretary of the committee to take minutes of the meetings. The members of the architectural review committee shall select a temporary secretary in the absence of the secretary. It shall be the duty of the secretary to attend all meetings of the architectural review committee.
(e) 
Three members of the architectural review committee shall constitute a quorum for the transaction of business. A majority vote of the members present shall be necessary for any action by the architectural review committee. The chairperson or acting chairperson shall have the right, and it shall be his duty, to vote on all matters requiring official action by the architectural review committee.
(f) 
Upon receipt of an application for architectural review committee approval, the village shall send notice of such application by United States Mail to abutting property owners.
(g) 
The architectural review committee shall have the power to adopt rules and regulations for the conduct of its business not inconsistent with this chapter or the constitution or laws of the state.
[Code 1967, § 30.001(6); Code 1997, § 14-3]
Whenever a building permit shall have been granted for the erection, construction or repair of any building in the village, a person so obtaining a permit shall cause a wood or metal protection to be placed around all of the shade trees within the area reserved for highway purposes abutting upon the premises upon which the building is to be constructed in such a manner that no damage shall be done to the shade trees. Any person who shall fail or neglect to place such protection about any shade tree in the village shall be subject to the penalties hereinafter provided.
[Code 1967, § 30.001(11); Code 1997, § 14-4; Ord. No. 321, 2-7-1991; Ord. No. 404, 10-9-1997; Ord. No. 421, 7-1-1998; Ord. No. 00-451, 6-1-2000; Ord. No. 01-483, 8-1-2001; Ord. No. 07-563, 5-3-2007; Ord. No. 08-586, 7-10-2008; Ord. No. 09-603, 11-19-2009; Ord. No. 11-622, 9-8-2011; Ord. No. 14-649, 6-12-2014; Ord. No. 17-677, 5-18-2017; Ord. No. 17-681, 8-17-2017; Ord. No. 19-696, 7-18-2019; Ord. No. 19-698, 8-15-2019; Ord. No. 21-722, 4-15-2021]
(a) 
In any residential district in addition to the principal structure, a detached or attached garage and also additional accessory structures shall be permitted. On any shoreland lot in addition to the principal structure and a detached or attached garage, a boathouse not to exceed 500 square feet and additional accessory structures shall be permitted.
(b) 
An accessory structure shall not exceed 15 feet in height. An accessory structure need not be permanently fixed to the ground to constitute a structure or building under chapter 125 of this Code if it remains in one location for more than 20 days, weighs more than 75 pounds, or is larger than 48 cubic feet.
(c) 
Any other structures or changes to a property that affect the exterior appearance of the property, as deemed appropriate by the building inspector, shall result in review by the architectural review committee.
(d) 
An accessory structure shall require a building permit. Building permits for construction or alteration of accessory structures shall also require approval of the architectural review committee.
(e) 
The building inspector shall have the authority to order the repair or removal of the structure at any time if it is in disrepair or a nuisance affecting the value of abutting properties. If the owner shall fail to repair or remove the structure, the village shall have the right to do so and charge the expense of removal or repair to the subject property as a special assessment.
(f) 
Except as provided herein, the construction or placement of all accessory structures must comply with the rear and side yard setbacks provided by the zoning ordinances as applicable to structures. All accessory structures shall be located to the rear of the extended rear line of the residence located upon the lot, and with respect to corner residences, shall be located behind the extended rear line and the extended side line adjacent to the street of the residence located on the lot.
(g) 
An accessory structure which allows for human entry or for storage of more than two cubic yards shall aesthetically match the main structure on the property in architecture and color.
(h) 
Radio or TV antenna towers and satellite dishes, which shall be subject to the following specific requirements:
(1) 
Location. No radio or TV antenna tower may be erected or installed within the front yard or side yard. Except as set forth below, satellite dishes may be erected in the rear yard or on the rear of a structure only. If the applicant provides specific engineering and technical data showing that both placement in the rear yard or on the rear of a structure would unreasonably limit or prevent reception of satellite delivered signals or impose excessive costs of installation, then a satellite dish may be erected in the side yard or on the side of a structure. Where it is the only cost effective and technically feasible alternative, a satellite dish may be erected in a front yard or on the front of a structure. The front setback, rear setback and side setback of any radio or TV antenna tower or satellite dish shall be that for the principal structure within the respective zoning district. The exact location, color and visual screening of any satellite dish shall be subject to approval by the building inspector for satellite dishes one meter or less in diameter and the architectural review committee for those over one meter in diameter.
(2) 
Height restrictions. No radio or TV tower shall exceed a height of 20 feet above the roof line of the building on the property upon which the antenna is located or 60 feet above the ground measured at ground level, whichever is the minimum. No ground-mounted satellite dish shall exceed the height of 13 feet above the ground measured at grade level; this height restriction shall, however, not be applicable if the applicant provides specific engineering and technical data showing that said height restriction would unreasonably limit or prevent reception of satellite delivered signals by receive-only antennas or impose excessive costs of installation.
(3) 
Electrical code requirements. Radio or TV antenna towers and satellite dishes shall be erected and installed in accordance with the state electrical code, National Electrical Safety Code and the instructions of the manufacturer, in cases of conflict the stricter requirements shall govern.
(4) 
Satellite dishes. No satellite dish shall have a diameter in excess of ten feet. Satellite dishes in excess of one meter shall be of mesh construction and the color thereof shall be such as to blend with surroundings. The restrictions of diameter, construction and color shall, however, not be applicable if the applicant provides specific engineering and technical data showing that said limitations would unreasonably limit or prevent reception of satellite delivered signals by receive-only dishes or impose excessive costs of installation.
(5) 
Portable units. No portable or trailer-mounted satellite dish shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding two days.
(6) 
Permit required. No radio or TV antenna tower or satellite dish shall be erected and installed, unless a permit therefor shall first be obtained by the owner or his agent from the building inspector.
(7) 
Unsafe conditions. A condition of a radio or TV antenna tower or satellite dish which may result in danger to life or property or which is in need of maintenance and repair, as determined by the building inspector, shall be corrected within five days from the date of written notice thereof given to the owner or operator of such radio or TV antenna or satellite dish. Failure to correct said condition within five days shall be a violation of this section. If said condition is not corrected within such time, the owner or operator shall be subject to penalty on a daily basis as provided in this Code.
(8) 
This section, other than subsections (3) and (7), shall not be applicable to any municipally-owned facilities which are determined by the village board to be required for reasons of public health, safety and welfare or to any property or facility that is subject to a conditional use permit under this Code.
(i) 
Flag poles are not considered accessory structures. Their height shall not exceed the distance to the nearest property line.
(j) 
Demolition or razing of an accessory structure does not require approval of the architectural review committee.
(k) 
Reroofing of an accessory structure in excess of 20 square feet requires a building permit. Only when such reroofing, as determined by the village manager, results in a substantial change in color or style or whenever the roof of the accessory structure fails to substantially match the roof of the primary dwelling is architectural review committee approval necessary.
(l) 
Painting or residing an accessory structure is considered a minor repair under this chapter and does not require any permit or approval. Any work must substantially match the primary dwelling residence in color or style.
(m) 
Decks or patios are not considered accessory structures but shall not exceed 18 inches in height and 150 square feet without the approval of the architectural review committee.
(n) 
Solar energy systems shall be subject to the following:
(1) 
Definitions:
a. 
Solar access: The access of a solar energy system to direct sunlight.
b. 
Solar energy system: Any device or structural design feature whose primary purpose is to provide daylight for interior lighting or provide for the collection, storage, or distribution of solar energy for space heating, space cooling, electricity generation, or water heating.
c. 
Roof-mounted solar energy system: A solar energy system that is structurally mounted to the roof of a principal or accessory building or structure.
d. 
Ground-mounted solar energy system: A solar energy system that is structurally mounted to, or placed on, the ground and is not roof-mounted.
(2) 
Building permits shall be required for the installation, construction or movement of solar energy systems in the village.
a. 
Such permits shall require the submittal of a permit application and such fee as established by the village board from time-to-time.
b. 
If, in the sole discretion of the building inspector the proposed or existing installation may conflict with the solar power or wind power interests of neighbors, may inhibit potential future construction by neighbors, may threaten public health and safety, or otherwise may be inconsistent with this Code or the public interest, the building inspector may refer the permit application to the architectural review commission for review.
(3) 
Solar energy systems constructed, reconstructed, installed, moved, or maintained within the village shall comply with the following regulations.
a. 
Solar energy systems are a permitted accessory use within all zoning districts, whether as part of a structure or incidental to one or more structures.
b. 
Building permits are required for the construction of solar energy systems.
c. 
All exterior mechanical and electrical equipment supporting solar energy systems shall be screened on all vertical sides at least to the height of the screened equipment and incorporated into the design of any building to the maximum extent feasible.
d. 
Solar energy systems, including all solar panels shall be installed in a manner that prevents glare or reflection of light to any neighboring right-of-way, or adjoining property.
(4) 
Roof-mounted solar energy systems shall comply with the following regulations:
a. 
Roof-mounted solar energy system shall not project beyond the edge of the roof.
b. 
Roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.
c. 
Roof-mounted solar energy systems shall not be more than six inches off the roof.
d. 
Roof-mounted solar energy systems total area may not exceed half the total square footage of the roof on the structure on which it is mounted.
e. 
There shall be no more than one roof-mounted solar energy system per property.
(5) 
Ground-mounted solar energy systems shall comply with the following regulations:
a. 
Ground-mounted solar energy systems may be no more than ten feet in height.
b. 
Ground-mounted solar energy systems in residential districts may only be installed in side yards or rear yards.
c. 
Ground-mounted solar energy systems must comply with applicable property side and rear yard setbacks.
d. 
For purposes of determining compliance with applicable impervious surface standards, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including, without limitation, solar photovoltaic cells, panels, arrays, and inverters, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.
e. 
Ground-mounted solar energy systems total collector area may not exceed half the building footprint of the principal structure on the property on which it is installed.
f. 
There shall be no more than one ground-mounted solar energy system per property.
(6) 
Authority to restrict systems limited.
a. 
The building inspector and, if applicable, the architectural review committee, shall review any proposed solar energy system and approve the application as submitted or subject to restrictions, which restrictions must accomplish one of the following:
1. 
Serve to preserve or protect public health and safety;
2. 
Not significantly increase the cost of the system or significantly decrease efficiency; or
3. 
Allow for alternative systems of comparable cost and efficiency.
(o) 
Nothing in this section shall preclude the right of appeal as provided by section 125-57.
[Code 1967, § 30.001(13); Code 1997, § 14-7; Ord. No. 95-354, 9-7-1995; Ord. No. 01-483, 8-1-2001]
(a) 
Purpose. The regulations set forth in this section are established because of the danger of adding to the problem of erosion of the banks of the ravines and lake bluff and the possibility of disturbing the natural runoff of surface and percolating water; to promote the public health, safety and welfare; to preserve the natural beauty of ravines and bluffs; and to protect the ecological balance.
(b) 
Basic restrictions. Except as hereinafter provided, no building or structure shall be erected on or over the face or slope of ravines or of the lake bluff in the village.
(c) 
Limitation of construction on bluff of lake lots.
(1) 
All foundations or footings for any building or structure built on the lake bluff shall be on or below the surface of the flat area located at the top of the bluff.
(2) 
No building or structure may be built on the flat area of a lot at the top of the lake bluff unless a registered professional engineer has certified that in his opinion the footings and method of construction of the building and materials are adequate from an engineering standpoint so as not to disturb the natural runoff of surface and percolating water or create or add to a problem of erosion on the bank of the lake bluff and also so that any such excavation for the construction shall not adversely affect the structural integrity of any structure located on adjoining lots.
(3) 
The village manager or building inspector may require that the applicant for a permit, as a condition of the granting of the building permit, specify that any structure or building shall be set back a specified number of feet from the edge of the bluff of the lake. Cantilever over the lake bluff is prohibited.
(d) 
Limitation of construction on ravine lots.
(1) 
All foundations or footings for any building or structure built on the ravine bluff shall be on or below the surface of the flat area located at the top of the bluff.
(2) 
No building or structure may be built on the flat area of a lot at the top of ravine lots unless a registered professional engineer has certified that in his opinion the footings and method of construction of the building and materials are adequate from an engineering standpoint so as not to disturb the natural runoff of surface and percolating water or create or add to a problem of erosion on the bank of ravine lots and also so that any such excavation for the construction shall not adversely affect the structural integrity of any structure located on adjoining lots.
(3) 
The village manager or building inspector may require that the applicant for a permit, as a condition of the granting of the building permit, specify that any structure or building shall be set back a specified number of feet from the edge of the bluff of the ravine.
(e) 
Cantilever over face of ravine.
(1) 
A portion of a building or structure to be built on the flat area of a lot at the top of the ravine may be cantilevered over the face of the ravine.
(2) 
All foundations or footings for such building or structure shall be on or below the surface of the flat area.
(3) 
The cantilevered portion of such building or structure, including any attachments thereto, shall not extend more than 25 feet from the top of the face of the ravine or lesser distance as may be determined by a registered professional engineer in accordance with provisions of subsection (d)(3) of this section.
(4) 
No such building or structure, any portion of which is cantilevered over the face of the ravine, shall be so located as to substantially depreciate the value of abutting properties, including depreciation of such abutting properties by blocking to a substantial extent the view of the ravine as viewed from the residences on the abutting properties. The architectural review committee shall determine whether or not there is compliance with this provision. Unless it determines that there has been compliance, it shall not authorize the issuance of a building permit. The architectural review committee shall give notice of the meeting at which it will consider an application for approval of a cantilevered building or structure. Such notice shall be given to the applicant and to the owners of abutting properties; it shall be in writing and mailed not less than six days or delivered to a person on the premises not less than five days before the day of the meeting. Persons to whom the notice is required to be given may attend the architectural review committee meeting and may be heard.
(5) 
The plan submitted with an application for a building permit for any structure or building that will be cantilevered over the face of a ravine, as above provided, shall show that the planned construction will be done with minimum disturbance of soil and the natural cover thereon, such as trees, shrubs, and plants, including grasses, and shall also show adequate provision for the control and channeling of groundwaters, both surface water and percolating waters.
(6) 
If in the opinion of the village manager the above requirements have been met, he shall so certify to the building inspector. Without such certification, the building inspector shall not issue a building permit.
(f) 
Slope or foot of bluff or ravine. Except for retaining walls, no structures or buildings (except for accessory buildings as defined in section 104-4) may be built wholly or partially on the slope, foot, plateau or level area below the bluff of Lake Michigan or any ravine in the village.
(g) 
Retaining walls. Retaining walls which are built solely and expressly for the purpose of preventing and retarding erosion and slippage of the lake bluff may be built. Application and plans for retaining walls must be prepared by a registered professional engineer. Before any such retaining wall is built, a building permit shall be obtained as for the construction of any other structure in the village. Plans for such retaining wall shall be submitted to the village manager. If in his opinion the footings and method of construction and materials are suitable to serve the purpose for which such retaining wall is being built and adequate provision is made for the flow of surface and percolating water, he shall notify the building inspector accordingly. No building permit shall be issued except in accordance with this subsection.
(h) 
Restriction on cutting. Wherever in the village the slope of the ravine or lake bluff averages 12 degrees or over, no one shall prune, cut, kill or remove any natural vegetation, including trees, shrubs, bushes, plants, flowers and grasses, without first obtaining a permit as hereinafter provided.
(1) 
An application for the proposed pruning, cutting, killing or removing shall be filed with the village clerk, which application shall give the name of the owner and address of the property on which the work is proposed, and the name of the person, company or corporation who will do the work. The clerk shall refer the application to the village manager. The village manager shall examine the application and shall view the location of the proposed work. If after such viewing it is the opinion of the village manager that the proposed work is minor in nature and primarily for the improvement and care of the plant life involved, he shall issue the permit.
(2) 
If after the delivery of an application to the village manager and a view of the premises as above provided the village manager is of the opinion that subsection (h)(1) of this section does not apply, he shall refer the matter to the architectural review committee. The architectural review committee shall consider the application at a duly called meeting; notice of the meeting shall be given to the applicant and to the owners of abutting lots. Such notice shall be in writing mailed not less than six days or delivered to a person on the premises not less than five days before the day of the meeting. Persons to whom notice is required to be given may attend the architectural review committee meeting and may be heard.
(3) 
If upon the evidence produced at such meeting the architectural review committee is of the opinion that the proposed work will not increase erosion or slippage of soil or the danger thereof and will not unreasonably and unnecessarily damage or destroy the beauty of the natural vegetation, it shall direct that the requested permit be issued. Otherwise, it shall deny such permit or may modify the proposed work and authorize the issuance of a permit if the owner agrees to such modifications.
(4) 
The village manager may delegate his responsibility and authority under this section to the village building inspector.
(5) 
This subsection (h) does not apply to the area on which a building or structure is authorized to be built, the perimeter of such area to be the outside of the foundation extended five feet in all directions, nor does it apply to the area reasonably required for a driveway.
(i) 
Appeal.
(1) 
Whenever certification or determination by the village manager is required by the foregoing provisions, any person aggrieved may appeal to the board of appeals; and the provisions of Wis. Stats. § 62.23(7) and section 125-57 shall apply to such appeal.
(2) 
In respect to any matter referred to the building inspector or the architectural review committee by the above provisions, appeal from their decision may be taken as provided by the applicable sections of this Code.
[Code 1967, § 30.001(14); Code 1997, § 14-6; Ord. No. 06-547, 3-2-2006; Ord. No. 07-572, 12-6-2007; Ord. No. 18-689, 7-19-2018]
(a) 
Permit required. No person shall transfer to, dump, excavate from, or place upon lands, public or private, solid fill within the village without first obtaining a permit therefor (excavation/fill permit). Solid fill shall include, without limitation, soil, gravel, sand, clay, stone, non-native materials, or any solid excavation spoils.
(b) 
Exemptions. No permit shall be required for the following:
(1) 
The total transfer, excavation, dumping, or placement on any property (including contiguous property under the same ownership and within one 365-day period) of less than ten cumulative cubic yards of solid fill;
(2) 
The deposit of less than 50 cumulative cubic yards of topsoil for establishing lawns or planting beds, within one 365-day period;
(3) 
Excavation associated with the establishment of a foundation or foundations for any structure subject to a building permit;
(4) 
Movement of solid fill within the boundaries of any property (including contiguous property under the same ownership);
(5) 
Customary top dressing or fertilizing of lawns and gardens;
(6) 
Construction of stone, brick, block, or concrete patios, driveways, or platforms permitted under this Code; and
(7) 
Filling pursuant to the requirements of a building permit or demolition permit.
(8) 
Municipal projects, including Village, Fox Point-Bayside Joint School District Number Two, Glendale-River Hills School District, Nicolet Union High School District, and North Shore Fire Department.
(c) 
Application. Application for a permit to transfer, place, excavate, or dump solid fill within the village shall be made by the owner of the lands to be filled or excavated or his designated agent in writing and submitted to the director of public works, which application shall be on a form made available by the village and approved by the village board from time to time. A separate permit shall be obtained for each act of filling or excavation requiring a permit. The applicant shall set forth in the application the following information and attachments, as well as any other information required by the excavation/fill permit application form approved by the village board:
(1) 
Location of excavation/fill operation;
(2) 
Proposed route for hauling solid fill;
(3) 
Number, type, size and license number of trucks to be used;
(4) 
Proposed trucking schedule, number of days, and time of day;
(5) 
Equipment (other than trucks) involved in fill or excavation operation;
(6) 
Quantity of solid fill to be moved, excavated, or deposited;
(7) 
Description (including maps) of work to be done;
(8) 
Proof of suitable access, including any licenses or permission necessary;
(9) 
A letter of credit, bond, certificate of insurance, or other financial assurance in an amount necessary to, in the reasonable discretion of the director of public works, provide for the repair of any damage to village or public property resulting from the excavation/fill operations;
(10) 
A description of the purpose of the solid fill or excavation operations;
(11) 
A legal description of the property (tax key number shall suffice);
(12) 
Identification of the soil type and source of solid fill to be utilized in fill operations and method of compaction to be utilized;
(13) 
Drawings which to the satisfaction of the department of public works sufficiently show pre- and post-excavation/fill site typography;
(14) 
Certificates of the village treasurer showing payment of all taxes and assessments to date against the property in question;
(15) 
Stormwater or erosion control permits as may be required in this Code;
(16) 
Any state DNR permit for work in waterways or lakefronts or a letter from the state indicating that such permit is not required;
(17) 
Any U.S. Army Corps of Engineers permit for work in waterways or lakefronts or a letter from the U.S. Army Corps of Engineers indicating that a permit is not required for the particular waterway or lakefront project; and
(18) 
A signed certification from the property owner that no fill deposited in the village will be hazardous waste under state or federal law.
(d) 
Fee. A fee in such amount as set by the village board from time to time by ordinance or resolution shall accompany the application for permit. A separate permit shall be obtained for each property. The fee set by the village board from time to time shall be determined by the quantity of fill to be excavated from or introduced to a property.
(e) 
Financial assurance. The permittee shall provide whatever financial assurance is required by the director of public works in his reasonable discretion as is necessary to provide security for performance of the work, protection of public property, human health, the environment, and indemnification of the village for its costs and fees.
(f) 
Fill material. Fill material shall be clean, inert material free from organic matter, brush, garbage and material subject to organize decomposition. Fill containing items such as hollow containers, appliances, and equipment subject to subsequent collapse or settlement is prohibited. Deposit of any fill of a non-native nature shall be subject to state department of natural resources Administrative Code NR500 series.
(g) 
Conditions. Excavation/fill permits shall be subject to the following conditions:
(1) 
That the excavation/filling operation will not create noise, traffic or other problems detrimental to any residential community in the area of the excavation/filling;
(2) 
There shall be no excavation or filling between the hours of 5:00 p.m. and 7:00 a.m. on weekdays, nor at any time on Saturday, Sunday, or a federal or state holiday;
(3) 
The director of public works shall set the hours of excavation/filling and the number of trucks involved based on the location of the excavation/filling operation and the traffic conditions in the area;
(4) 
Permits shall be for a period not to exceed three consecutive months in a calendar year;
(5) 
Permit applications for subsequent periods when total excavation/filling operations exceed three months will be subject to conditions and fees governing initial application;
(6) 
Permits shall be subject to all of the conditions set forth in the excavation/fill permit application;
(7) 
Permittees shall satisfy all of the application requirements of the excavation/fill permit application; and
(8) 
Permits shall be subject to the complete, valid and accurate maintenance of all of the required attachments to the excavation/fill permit application.
(h) 
Hazardous waste prohibited. No fill may be deposited in the village, whether pursuant to permit or exempt from permitting under this section, which fill constitutes hazardous waste under state or federal law. The village manager, or designee, may order the removal of any fill which constitutes hazardous waste.
(i) 
Licenses and drainage courses. Excavation and filling operations shall also be subject to applicable county, state, or federal license or permit requirements. Excavation and filling operations shall not block or divert a natural drainage course without proper permits.
(j) 
Permit. The director of public works is authorized to issue an excavation/fill permit to each applicant when satisfied that the applicant meets the requirements of this section.
(k) 
Appeal. Any person who is denied an excavation/fill permit or whose excavation or filling operation is restricted due to noise, traffic, or other conditions, may appeal to the board of appeals pursuant to Wis. Stats. § 62.23.
(l) 
Penalty. Any person who violates this section or who fails to comply with the terms and conditions of the permit issued shall be subject to the penalties provided in section 1-13. Penalties may be applied for each day of violation.
(m) 
Responsibility for violations. Property owners shall be responsible for violations of this section on their property. In addition, any person performing any work or labor in the village shall be responsible for any violation of this section by such person or by any agent or employee. A subcontractor, and the agents or employees of a subcontractor, for the purposes of this section, shall be considered agents or employees of a property owner.
(n) 
Prohibition on obstruction of drainage. In no event shall the deposit or transfer of solid fill, whether subject to a permit under this section or not, obstruct the natural flow of drainage from one property to another.
[Code 1967, § 30.001(15); Code 1997, § 14-7]
The provisions of this chapter shall supplement any laws of the state and the regulations, rules and orders of the department of industry, labor, and human relations relating to buildings. Where those laws, regulations, rules or orders conflict with the provisions of this Code, the stricter requirements shall govern.
[Code 1997, § 14-9; amended Ord. No. 07-573, 12-6-2007; Ord. No. 10-03, 5-6-2010; Ord. No. 18-691, 8-16-2018;2-22-2024 by Ord. No. 24-753]
No sump pump, downspout, catchbasin, drain tile, swimming pool, hot tub, spa drain or any other water outfall, including temporary extensions added thereto, may negatively impact village infrastructure, utilities, or public safety, or otherwise discharge within 1/2 of the applicable setback distance with regard to any adjacent residential property located in the "A," "B," or "C" Residential Districts, or otherwise create environmental or aesthetic issues. Properties not in compliance with this section of the village Code will have 30 days from the receipt of a written notice of correction to implement corrective action. Property owners may apply for a 30-day extension subject to village approval. Corrective action shall include best stormwater management practices as recommended by the village engineer. If contracted privately, the property owner shall first apply for a right-of-way and excavation permit and other permits as necessary. If the work is performed by the village, the cost shall be billed to the property owner by agreement, or as a special charge for current services pursuant to Wis. Stats. § 66.0627 and 1-13(g) of the Municipal Code. The village board shall from time to time establish a fee to provide services. In such a case where the village provides the service, no right-of-way and excavation permit is required.
[Code 1997, § 14-10; Ord. No. 07-574, 12-6-2007; Ord. No. 20-720, 11-19-2020]
Special exceptions to this chapter may be granted to specific properties for specific purposes by the board of appeals pursuant to the procedures set forth in section 125-57. There shall be no requirement of a vote of the village board or a public hearing to grant special exceptions under this section.