[HISTORY: Adopted by the Village Board of
the Village of Waterford as Chapter 20 of the 1998 Code; amended in
its entirety 4-10-2023 by Ord. No. 692.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. Nos. 567 and
576.
The definitions contained in Wis. Stats. § 30.01,
as the same may be amended from time to time, shall apply to all terms
contained in this chapter, unless otherwise specifically set forth
in this section. For purposes of this chapter, the following terms
are defined as follows:
The three-foot depth or a greater depth contour, if required,
for boats in use or appropriate for the use on the waterway, based
on the normal summertime low levels on the waterway or summer minimum
levels where established by the DNR.
The point on the bank or shore up to which the presence and
action of the water is so continuous as to leave a distinct mark,
either by erosion, destruction or prevention of terrestrial vegetation
or predomination of aquatic vegetation or other easily recognized
characteristics.
Any structure extending into navigable waters from the shore
of such navigable waters, built or maintained for the purpose of providing
a berth for watercraft or for loading or unloading cargo or passengers
onto or from the watercraft and may include a temporary boat hoist
without roof or walls.
An owner of land abutting a stream or lake.
Includes seasonal or permanent boat shelters or boat hoists.
An area where water is at, near or above the land surfaces
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
Any structure in navigable waters, extending along the shore
and generally connected with uplands throughout its length, built
or maintained for the purpose of providing a berth for watercraft
or for loading or unloading cargo or passengers onto or from the watercraft.
A.
Until such time that the Village establishes and the DNR approves
a pierhead line on the Fox River within the Village which meets the
requirements of Wis. Stats. §§ 30.11 and 30.13, and
this chapter can be amended accordingly, no pier, wharf or similar
or related structure or facility may exist beyond the greater of:
B.
Piers, wharves and similar or related structures or facilities may
not in any case interfere with public rights on the waterways and
the rights of other riparian owners.
Any person desiring to construct any pier, wharf or similar
or related structures or facilities on the Fox River within the Village
shall follow the procedures as follows.
A.
No person may hereinafter construct, place or extend, enlarge or replace a pier, wharf or similar or related structure or facility or multipier development on the Fox River within the Village without first applying for and obtaining a permit from the Village for that portion of the river within the Village. Piers, wharves and similar or related structures or facilities which are legally placed as of October 14, 1991 (the date of the adoption of this chapter), which are removed and replaced seasonally, are not subject to permits or permit fees so long as any nonconformity with the requirements of this chapter are not expanded pursuant to § 260-5R.
B.
Any person, developer, firm or corporation desiring to erect, construct,
place, extend, replace or repair any pier, wharf or similar or related
structure or facility or multipier development below the ordinary
high water mark of the Fox River within the Village shall make and
file in the office of the Building Inspector a written application
for permit. Developments with conceptual approval shall not be exempt
from this requirement. The application shall describe the real estate,
pier, wharf or similar or related structure or facility or multipier
development or extension thereof in detail, together with its location
in regard to the shoreline, pierhead line and bulkhead line if established,
ordinary high water mark location, water depth contours, extent of
wetland vegetation and with the distance to all property lines of
the abutting neighboring riparian lands, giving the details of the
dimensions and kinds of materials, details of fueling and any sewage
disposal facilities or other accessory construction, if applicable,
together with drawings and any additional details and specifications
that the Building Inspector may require. The application shall contain
the name, residence, post office address, telephone number and the
signature of the riparian owner of the shoreline on whose behalf the
application is made and shall also state the name, residence, post
office address and telephone number of the applicant, if different.
The riparian owner and/or applicant shall also provide the Village
Clerk with the names and addresses of the abutting neighboring riparian
owners with this application for permit.
C.
The Building Inspector shall review and grant or deny the permit
application for its conformity with this chapter of the Village Code.
D.
The fee for such permit shall be as described in the Village permit
fee schedule:
(1)
To preserve and protect the property and property values within the
Village.
(2)
To preserve and protect the Fox River.
(3)
To protect and clarify public interests and riparian rights on the
Fox River within the Village by:
(a)
Prohibiting piers and similar structures in environmentally
sensitive aquatic habitats.
(b)
Limiting the number and location of piers and similar structures
so as to avoid conflicting uses of adjacent properties.
(c)
Preventing safety hazards and controlling pier construction
so as to promote uniformity and preserve natural shoreline aesthetics.
E.
In the event the pier, wharf or similar or related structure or facility
or multipier development for which a permit has been granted shall
not be erected, constructed, placed, extended or maintained in accordance
with the plans, specifications, details and drawings submitted or
in accordance with any conditions imposed on the permit or in the
event such pier, wharf or similar or related structure or facility
or multipier development shall not be used, is used in a manner detrimental
to the general public or interferes with the rights of the neighboring
riparian owners, or adversely affects a critical or significant fish
or wildlife habitat area, the Village Board may cancel and revoke
the permit, provided it shall first hold a hearing after fixing a
time and place of hearing and shall cause a written notice thereof
to be issued and delivered or mailed to the holder of such permit
and also to the abutting neighboring riparian owners not less than
seven days before the time fixed for such hearing.
A.
Riparian owners may construct, place, extend, enlarge or replace
piers, wharves or similar or related structures or facilities or multipier
developments in the waters of the Fox River within the Village in
aid of navigation, provided that such piers, wharves, similar or related
structures and facilities or multipier developments do not interfere
with public rights and safety in the waters or with the rights of
neighboring riparian owners or occupants and do not adversely affect
a critical or significant fish or wildlife habitat area, are subject
to any established pierhead line and other requirements of this chapter
and must be consistent with the permit and objectives as specified
above.
B.
Piers and wharves shall not exceed six feet in width.
C.
Extensions or appurtenances to piers must comply with all of the
requirements of this chapter, including all permit requirements.
D.
Construction shall be of materials of white, natural or earthtone
colors, aluminum or shall be visually inconspicuous as viewed against
the shoreline. Aluminum piers are permissible.
E.
Lighting on a pier, wharf or similar or related structure or facility
or multipier development shall be down-focused white or yellow lights
for safety and to facilitate docking. Intermittent lighting, strobe
or similar lighting is prohibited.
F.
New and existing piers, wharves or similar or related structures
or facilities or multipier developments shall include reflective white
or amber safety markers no more than five inches square placed on
the farthest corners of the structures.
G.
Any pier, wharf or similar or related structure or facility or multipier
development extending beyond the natural shore or established bulkhead
line shall be so constructed as to allow the free movement of water
underneath and in such manner as will not cause the formation of land
on the bed of the Fox River within the Village.
H.
Mooring structures and watercraft moored shall be set back a minimum
of 10 feet from common riparian rights lines and any additional distance
required to confine approach and docking of watercraft to the owner's
riparian zone.
I.
There shall be a maximum of four permanently moored, registered watercraft
per pier, including lifts. For purposes of this subsection, "permanently
moored" is defined as being moored longer than seven consecutive days.
J.
Subdivisions, multiunit developments and planned unit developments
which share a common waterfront lot, parcel or common area may not
place more than one pier or wharf per 100 feet of shoreline. All multipier
developments and similar or related structures and facilities serving
subdivisions, multiunit developments, planned unit developments, condominiums
and homeowners' associations shall be constructed no less than
100 feet from any abutting neighboring lot line.
K.
No easements of access shall be granted over existing lots, and no
such easement shall be shown on a subdivision plat, multiunit development
plat, planned unit development plat, condominium plat or in a condominium
agreement or homeowners' association agreement, which provides
greater access than provided above.
L.
Pursuant to Wis. Stats. § 236.16, subdivisions with water
frontage are required to dedicate a public access to waterways which,
under this chapter, shall meet with Village, county and DNR approval
or be waived by the same.
M.
Piers, wharves and similar or related structures and facilities may
be placed and maintained only by riparian owners.
N.
Electrical, fueling and waste disposal facilities for business or
commercial facilities shall comply with all applicable state laws,
Wisconsin Administrative Code, DNR and Village codes and any other
applicable safety and environmental protection laws. In addition,
fuel and waste holding tanks shall be set back from the ordinary high
water mark per applicable DNR regulations.
O.
Such pier, wharf and similar or related structure or facility or
multipier development shall be subject to the pierhead line which
may be established pursuant to the provisions of Wis. Stats. § 30.13(3).
P.
All piers, wharves and similar or related structures and facilities
or multipier developments extending beyond the natural shore or established
bulkhead line shall be so maintained as to prevent any part or parts
thereof from floating free into the waters of the Fox River and as
to prevent the structures from becoming unsafe, unserviceable or unsightly.
Q.
The respective rights of neighboring riparian owners shall be determined
so as to give each riparian owner his due proportion of the line of
navigation by the extension of lot lines from the shoreline to the
line of navigation, by drawing a chord between each pair of property
lines at the point where each line meets the shoreline and bisecting
the resulting angle (coterminous riparian rights line extension) or
by other DNR-approved methods of determining riparian zones. All structures
shall be confined within each riparian owner's respective zone.
R.
Every pier, wharf and similar or related structure, facility or multipier
development constructed, placed, extended or replaced on the Fox River
within the Village in violation of this chapter is declared to be
a public nuisance, and the construction thereof may be enjoined and
the maintenance may be abated by action initiated by the Village.
S.
Any pier, wharf, similar or related structure, facility or multipier
development existing in place as of October 14, 1991 (the date of
adoption of this chapter), and registered with the Village Clerk on
or before June 30, 1992, shall be considered to meet the requirements
of this chapter. Such structure may be repaired or replaced as long
as any nonconformity with the requirements of this chapter is not
expanded.
T.
Any person or developer who owns real estate abutting the shoreline
of the Fox River within the Village shall register the length width,
construction and side yard setbacks of any of his or her or its piers,
wharves or similar or related structures or facilities or multipier
developments with the Village Clerk on or before June 30, 1992, along
with a color photograph of the structure. Any such structure in place
as of October 14, 1991, and registered before June 30, 1992, shall
be considered to meet the requirements of this chapter. Any pier,
wharf or similar or related structure or facility or multipier development
not registered by June 30, 1992, shall be required to comply with
the terms of this chapter.
U.
Any pier, wharf or similar or related structure or facility or multipier
development which is legally placed as of October 14, 1991, and which
does not conform to this chapter shall be considered permissible and
preexisting and shall not constitute an unlawful obstruction of navigable
waters so long as the structures are registered as provided herein
before June 30, 1992, and are otherwise consistent with applicable
Village and DNR regulations and laws.
A.
Any pier, wharf and similar or related structure or facility or multipier
development extending into navigable waters beyond the limits set
forth herein constitutes an unlawful obstruction of navigable waters.
B.
Beyond the requirements within this chapter, riparian owners shall
further comply with any requirements of Wis. Stats. Ch. 30 and Wis.
Admin. Code Ch. NR 326, administered by the DNR.
C.
Notwithstanding noncompliance with any requirement or limitation set forth in § 260-5, the Plan Commission may recommend, and the Village Board may approve, a pier permit for an applicant who obtains a pier permit from the DNR pursuant to Wis. Stats. Ch. 30 and Wis. Admin. Code Ch. NR 326 if the applicant grants a permanent easement to the Village that provides public access to and allows public use of the pier(s) permitted by the DNR. Under this subsection, the applicant may reserve the number of permanent slips for the applicant's private use approved by the DNR and the Village Board.
