The definitions contained in Wis. Stat. § 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:
LINE OF NAVIGATION
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.
ORDINARY HIGH WATERMARK
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.
PIER
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.
RIPARIAN
An owner of land abutting a stream or lake.
WETLAND
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.
WHARF
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.
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.
[Amended 1-24-2011 by Ord. No. 567]
A. Any pier,
wharf and similar or related structure or facility or multi-pier 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.
[Amended 6-27-2011 by Ord. No. 576]
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter
1, Article
II, of this Municipal Code.