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.