[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]
(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 one-year
terms commencing on June 1 and continuing until a successor is appointed
and qualified. 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.
[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.
[Ord. No. 22-01, 4-21-2022]
(a)
Authorized
temporary structures on village property (temporary structures) are
structures that are located and operated on village property by lease,
license, or privilege from the village board with a duration of 12
months or less.
[Code 1997, § 14-9; Ord. No. 07-573, 12-6-2007; Ord. No. 10-03, 5-6-2010; Ord. No. 18-691, 8-16-2018]
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
or utilities, public safety, or neighboring properties, 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.
