[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.13 of the 1997 Code. Amendments noted where applicable.]
Application; revocation. A filling permit shall be issued by the City Engineer upon application being made and filed with him or her upon payment of the permit fee as set forth herein. Such application shall be signed by the owner of the premises involved, together with the person applying for the permit, if he or she be other than the owner. It shall contain the location of the premises and an accurate description of the same and include an estimate of the number of cubic yards necessary to fill such land to approximately the grade of the terrain bounding the area to be filled. The permit shall be for a period of one year and subject to renewal each successive year upon reapplication. The permit may be revoked by the City Council upon notice to the permittee and hearing if the permittee is depositing or permitting or causing to be deposited any materials on such premises other than solid fill or has failed to or refused to comply with any of the regulations set forth herein or any of the rules, regulations and orders of the Inspector herein. Such hearing shall be conducted in the manner provided in § 227.15, Wis. Stats.
Fill in excess of 500 cubic yards. If it appears from the application for such filling permit that the amount of fill reasonably required to alter the contour of the subject filling site to approximate grade of the terrain bounding the area to be filled shall exceed 500 cubic yards, the provisions of § 129-2 shall become applicable and govern the issuance of such filling permit. If the estimate of the Inspector shall differ from the estimate of the applicant as to the number of cubic yards required, the estimate of the Inspector shall be controlling.
[Amended 4-15-2014 by Ord. No. 2014-2137]
Whenever the amount of fill required shall exceed 500 cubic yards or the area exceeds 1/2 acre, the applicant shall submit a topographic and contour map at a scale not over 100 feet to the inch, with two-foot contour intervals based on USGS datum. Such map shall show the proposed fill area, proposed final contours, drainage patterns and special drainage devices, if necessary, and all other pertinent information as may be required to clearly indicate the orderly development of the fill area including a preliminary plan for the current reasonably anticipated or determined end use of the property; provided, however, in the case of the excavation or the filling in of a building site where a building permit has been issued for the erection of a new building or structure, the alteration or addition thereto and the proposed final grades of such excavation and grading are included in the plat plans as submitted and approved by the Inspector and the total amount of filling required does not exceed 500 cubic yards, a filling permit shall not be required.
For the purpose of this chapter, the following words and phrases are defined and shall be construed to mean, unless the context in which they are used clearly indicates an intent to the contrary, as follows:
- FILL OR FILLING
- The act of placing, setting down or depositing solid fill on land for the purpose of or which has the resultant effect of changing the existing contour of or raising the elevation of such land or any part thereof.
- FILLING PERMIT
- A permit to allow a person to engage in the act of filling
on a specified parcel of land.[Amended 4-15-2014 by Ord. No. 2014-2137]
- INFLAMMABLE AND COMBUSTIBLE MATERIALS
- Includes oils and oil lights, sweepings from garage floors, barrels, boxes or other containers containing oil or other similar liquids, rags, clothes, paper, shavings, paper or cardboard boxes or cartons, grease, paints, varnish or other similar substances, any of which are likely to be readily inflammable or combustible.
- The City Engineer or designee. The references to the Building
Inspector in this chapter are separate and distinct from the references
to "Inspector" as provided herein.[Amended 4-15-2014 by Ord. No. 2014-2137]
- Includes any natural person, firm, corporation or partnership.
- SOLID FILL
- Earth, clay, soil, ground, stones, rocks or broken concrete if the same does not exceed 18 inches in diameter; cinders consisting of the residue from the combustion of coal and not less than 1/8 inches in diameter; or any mixture or combination of the foregoing.
Every person who shall fill upon any lot, tract or parcel of land shall fill such land as evenly as possible, and at the end of such filling shall level and grade such fill and shall see to it that the top thereof shall be of soil, free from broken concrete and relatively free from gravel, and that the upper four inches thereof shall be of soil suitable for growing grass. He or she shall keep the surface of such filling free from dust at all times during the filling operations and thereafter.
Land filling shall be operated and maintained in a sanitary manner, rodentfree, with no emission of dust or dirt beyond its boundary lines.
All materials delivered to the landfill site shall be deposited in a manner to prevent erosion into any watercourses, roadside ditches or onto adjoining properties.
All fill operations shall be confined to the hours of 7:00 a.m. to 5:00 p.m. daily and 7:00 a.m. to 12:00 p.m. on Saturdays, unless otherwise shown or permitted on the application. No such activity shall be permitted on Sundays.
No permittee hereunder shall operate equipment or otherwise cause noise which interferes with nearby property owners in the peaceable enjoyment of their properties. The permittee shall maintain roadways to and across the site in a smooth condition to minimize noise of delivery vehicles.
Roadways to and across the landfill site shall be treated to prevent dust nuisances.
No natural drainageways or swales shall be blocked, and fill shall be placed in a manner to prevent formation of water nuisances or insect-breeding ponds.
Should any fill material erode into any watercourse or onto any adjoining property, the permittee shall remove such material at his or her expense upon the order of the City Engineer.
Fencing or suitable visual screen as approved by the Plan Commission shall be provided on all sides of the site, unless waived by the City Council on application.
No permittee hereunder nor the owner of the property shall deny the City Engineer, Building Inspector, police officer or other authorized officer or employee of the city the right of entry on his or her property during normal business hours for the purpose of inspection thereof or for the purpose of enforcing or carrying out the provisions of this chapter.
No permittee shall fail to obey a stop order or revocation order issued by the City Engineer, Building Inspector or authorized city officer for a violation of this chapter. The permittee may appeal such stop order or revocation order to the City Council, such appeal to be filed, in writing, with the City Clerk within five days of service thereof. If no appeal is taken within such time, the order shall be final. Such appeal shall be heard within five days in public, at which time the permittee may be represented by counsel. The City Council may affirm, reverse or modify the order appealed from and shall do so within five days of the hearing. The permittee shall not operate under his or her permit until the appeal is decided.
For permits of 500 cubic yards or more, the permittee shall be required to compact all fill in layers to achieve a density of 3,000 pounds per square foot or to a density approved by the City Engineer to support the final use of the lands. The permittee shall make an effort to maintain the density through proper drainage and ground cover and shall be responsible to maintain the approved density until the final completion of the filling operation. The permittee shall provide professional geo-physical technician daily inspection, or as established by the City Engineer, with sufficient density testing such that the area can be certified by a geo-physical engineer as meeting the established density. Weekly reports shall be submitted to the City Engineer for review and approval. Upon completion of the filling operation, the permittee shall submit a full geo-physical report signed and stamped by said engineer.
[Added 4-15-2014 by Ord. No. 2014-2137]
If any person fails to complete or correct his or her landfill operation in accordance with the terms of his or her permit and the provisions of this chapter, the City Engineer shall notify the permittee that the City Council will hold a public hearing on his or her recommendation that the city complete or correct such work, either by the city staff or by contract, and assess the reasonable cost thereof against the property on which located. Notice shall be given by personal service or certified mail at least seven days prior to the hearing. The permittee shall have the right to be heard and to be represented by counsel. The City Council by resolution may order the work completed or corrected and levy a special assessment for the reasonable cost thereof, which shall be a lien on the property, collected as other special assessments. The permittee may appeal to circuit court within 20 days after a copy of the final resolution is served upon him or her by personal service or certified mail. If no appeal is taken within such time, the assessment shall be final.
The Council may, in an individual case, upon recommendation by the Inspector, as a condition to issuance of a filling permit or at any time as a condition for the continuance of such permit, require compliance by the permittee with any or all of the regulations set forth in this section.
Fill and filling are also regulated by and subject to the Unified Development Ordinance, including, but not limited to Division 15-8.0300 and more specifically, § 15-8.0305, Control of Erosion, Pollutants and Nuisance During Land Disturbance and Development.
[Added 4-15-2014 by Ord. No. 2014-2137]
There is hereby created the position of Inspector, who shall have such power, authority and duties concerning the inspection, supervision and control of fill or filling within the city as hereinafter set forth.
Such Inspector shall have complete charge and supervision over the regulation and operation of filling. He or she shall have at all times full power and authority to require complete compliance with this chapter and with all other rules, regulations and orders for the regulation of filling and for the enforcement of this chapter, rules, regulations and orders. He or she shall have full power and authority to require of any person engaged in filling, his or her agent, servants or employees, compliance in all respects with the terms and provisions of this chapter and all other rules and regulations concerning filling within the city.
Should the Inspector find that any person engaged in filling is failing to conform to the provisions of this chapter or other rules, regulations or orders, he or she may require that the person filling discontinue operations immediately and until such time as the person engaged in filling thereof may conform to this chapter, rules, regulations or orders. Should the operator, his or her servants, agents or employees or any other person, bring upon any such land materials which are prohibited by the terms and provisions of this chapter, the Inspector shall refuse to permit such materials to be unloaded. He or she shall, in the event that any portion or all of such materials shall have been unloaded, cause the operator or the person bringing such materials upon such land to reload the same and remove them from the premises.
The Inspector shall be the representative of the city at any filling site within the city. He or she may require the ceasing of filling operations and the discontinuing of the operations until such time as there may be proper compliance with this chapter and such other rules, regulations and orders as may be necessary in the control, supervision and regulation of filling lands.
The owner, lessee or any other person having possession and control over any filling operation, be it public or private under, the terms of this chapter, shall be responsible for the actions of his or her agents, servants or employees to the same extent as though they were the acts of such principal, and such owner, lessee or other person shall be subject to arrest for violation of the provisions of this chapter by any of his or her agents, servants or employees, and any penalty imposed under the terms of this chapter may be imposed upon the principal and/or upon the agents, servants or employees of either or both of them.
The depositing on any land of flammable and/or combustible materials and the depositing of fly ash, foundry refuse and other similar materials of such texture or material that they will be capable of being airborne and the permitting of such depositing shall be and is hereby declared to be a public nuisance.
The Council may, however, in any emergency to be determined by it involving the abatement of a nuisance or in the protection of the public health, welfare or safety, permit the dumping of suitable materials even though prohibited by the terms of this chapter, provided that, in each instance, application therefor shall be made in writing to the Council. It shall determine the type of materials to be dumped, the circumstances surrounding the issuance of the permit, the justification therefor and the manner in which such operations may be performed. Any permit issued pursuant to such approval shall be in the nature of a special permit, separated and apart from any other permit issued to the applicant and from any permit for the operation of a dump or fill operation upon the same premises, and shall specifically indicate the type of materials to be dumped, the manner in which the same are to be dumped and shall contain such other specifications and requirements as the Council may determine to be necessary and desirable.
It is specifically determined by the Council that it is the intent and purpose of this chapter to regulate filling operations within the city limits on a basis whereby such operation may be readily controlled, supervised and regulated in the protection of the public health, welfare and safety.
Any person or municipality violating the provisions of this chapter shall be liable for any or all damages or expenses sustained or incurred by the city by reason of any fire occurring in any such public or private dumping ground or other place within the city caused by any dumping referred to in this chapter, together with any expenses which the city may incur in enforcing any of the terms or provisions of this chapter.