[Adopted 5-13-1991]
The Village of Elm Grove is reliant upon roadside
drainage ditches, driveway culverts and storm sewers at limited locations
for management of surface drainage. The purpose of this article is
to promote the maintenance of safe and healthful conditions; prevent
and control water pollution; prevent and control soil erosion; prevent
and control the adverse effects of stormwater; control building sites,
placement of structures and land uses; preserve ground cover and scenic
beauty; and promote sound economic growth.
A.
"Drain" means any device for the drainage of water
from land or protection of land from water, including without limitation
any open ditch, channel, swale, creek, tiles or pipeline, whether
natural or man-made.
B.
No person shall deliberately or by negligence obstruct
or fill a drain without first obtaining a permit from the Public Works
Director.[1] Such permit may be withheld for a period not to exceed
90 days for the purpose of providing alternative drainage, by storm
sewers or other means.
C.
The Public Works Director may remove from drains any
obstructions or fill installed without a permit.
D.
No person shall construct, reconstruct, alter, repair
or install any drainage structure in any drain without obtaining a
permit from the Public Works Director. Issuance of such permit shall
be predicated upon a finding by the Public Works Director that such
drainage structure does not substantially retard the flow of water
and does not adversely affect the public health, safety or welfare.
A.
Any person seeking a permit to alter or install a
drainage structure or to fill or obstruct a drain or to construct,
reconstruct, alter, repair or install any drainage structure in any
drain shall fill out a written application with the Public Works Director
containing the following information:
(1)
The name and address of the applicant and, if a corporation,
the names and addresses of the officers thereof.
(2)
The location of the proposed work.
(3)
The plans and specifications for such work in triplicate.
This shall include the drainage area and the design of the structures
or alteration and such other information as the Public Works Director
shall determine to be necessary to process the application.
B.
The permit fee shall be $25.
A.
Whenever a drain is obstructed by the negligence or
deliberate action of the owner without a permit or when a drainage
structure is constructed, reconstructed, altered, repaired or installed
without a permit in either a natural watercourse or a drain, the Public
Works Director shall serve a written order by certified mail on the
owner demanding removal within a reasonable time, as specified within
the letter.
[Amended 4-10-2000]
(1)
Any person aggrieved by the administration of this
article may appeal the decision to the Board of Appeals established
by the Village pursuant to § 62.23(7)(e), Wis. Stats. The
Board shall hear and decide appeals where it is alleged that there
is an error in any order, decision or determination made by the Public
Works Director or Zoning Administrator in administering this article.
(2)
The owner may appeal to the Board of Appeals within
10 calendar days of actual service of the order. If an appeal is not
taken by filing in writing with the Village Clerk within such 10 days,
the order shall be final. Hearings before the Board of Appeals shall
be conducted pursuant to § 62.23(7)(e), Wis. Stats.
B.
If the owner neglects or refuses to comply with a
removal order after his or her appeal period has expired, the Public
Works Director shall promptly refer the matter to the Village Attorney's
office for prosecution.
Pursuant to § 88.87(3)(c), Wis. Stats.,
the Public Works Director may enter onto any property for the purpose
of removing an obstruction in a drain which is in violation of § 88.87(3)(a),
Wis. Stats., and which is flooding or causing damage to a Village
highway. The reasonable cost of removal of an obstruction under this
article shall be charged to the property owner without further notice
by a special charge pursuant to § 66.60(16), Wis. Stats.
In the event any special charge remains unpaid for longer than 30
days, a lien against the property shall be created in accordance with
the provisions of § 66.60(16)(b), Wis. Stats.
No person shall interfere with or impede any
Village officer, employee or contractor in removing an obstruction.
Where a drainage obstruction in a natural watercourse or drain is determined by the Public Works Director to constitute an immediate danger to the public health, safety or welfare, the Public Works Director shall proceed forthwith to enter upon the lands involved and have the obstruction removed, either by public agency or by contract. If such obstruction was caused by the negligence or deliberate act of the owner and not by natural causes, the reasonable cost of removal shall be charged and assessed as provided in § 325-18 of this article.