[HISTORY: Adopted by the Town Board of the
Town of Cedarburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-2-1991 as Title 6, Ch. 4 of the 1991 Code]
The purpose of this article is to regulate the
installation, use and maintenance of holding tanks as private sewage
systems within the Town of Cedarburg. The installation, use and maintenance
of holding tanks shall be permitted only under the terms and conditions
set forth herein. The Town of Cedarburg deems it necessary to have
a holding tank ordinance as an acceptable measure for the replacement
of an existing inadequate sanitary facility presently in use or for
a new facility that was unable to obtain an on-site soil absorption
system for domestic sewage.
A.
The installation and use of holding tanks for sewage disposal service
at new residential and nonresidential structures located on residential
and agricultural zoned properties shall be prohibited, unless expressly
approved by the Town Board. Holding tanks for existing residential
structures or other uses shall be considered on an individual basis.
The Town Administrator may approve temporary holding tank agreements
lasting for no more than six months.
[Amended 5-7-2014 by Ord. No. 2014-6; 8-6-2014 by Ord. No. 2014-13]
B.
Any parcel of land existing on November 25, 1975,
which cannot qualify for any other approved on-site wastewater disposal
system may be eligible for a holding tank, subject to a holding tank
maintenance agreement with the Town.
[Amended 6-6-2012 by Ord. No. 2012-14]
All holding tanks shall fully comply with the
requirements of SPS 383, Wis. Adm. Code, the provisions of which are
adopted by reference and made a part of this article.
Holding tanks for use as private sewage systems
shall not be installed for any new or existing structure in the Town
without first entering into an agreement as provided herein. Replacement
holding tanks for existing structures to replace defective systems
shall also be required to comply with this article.
[Amended 6-6-2012 by Ord. No. 2012-14]
Prior to the installation of any holding tank
for private sewage purposes within the Town, the owner of the premises
desiring to install the holding tank shall apply (through a properly
credentialed contractor) to the Ozaukee County Land and Water Management
Department for a State of Wisconsin permit authorizing the installation
of the holding tank.
[Amended 6-6-2012 by Ord. No. 2012-14]
Prior to the issuance of a permit by the Ozaukee
County Land and Water Management Department, the applicant must consent
to and sign a holding tank agreement as provided in the attached document
Exhibit A and incorporated in this article by reference.[1] The holding tank agreement shall be signed by the Town
Chairperson and Town Clerk on behalf of the Town of Cedarburg upon
proper approval and recommendation of the Town Board as provided herein.
[1]
Editor's Note: The holding tank agreement
is on file at the Town Clerk's office.
Prior to the completion of the holding tank
agreement between the applicant and the Town of Cedarburg, the applicant
shall deposit with the Town a bond in cash, the sum of which shall
be $1,000 for commercial and industrial properties and $600 for other
properties. The cash deposit, held in escrow by the Town, shall be
available to the Town for reimbursement for any and all expenses incurred
by the Town while cleaning up and/or preventing any discharge from
the applicant's holding tank or alleviating any nuisance which may
occur as a result of the installation of the holding tank, its misuse
or lack of proper maintenance.
Before application is made for a holding tank
agreement, the following tests shall be made and information documented:
A.
A bona fide soil test, as defined in SPS 383, Wis.
Adm. Code, shall be made on said property.
[Amended 6-6-2012 by Ord. No. 2012-14]
B.
A copy of the soil test on Wisconsin SPS Form SBD-8330
Soil Evaluation Report (R11/11) shall be submitted to the Town.
[Amended 6-6-2012 by Ord. No. 2012-14]
C.
The results of the above shall show that no other
type of on-site wastewater disposal system is available or can be
used on said property.
The Town Building Inspector shall be authorized
to inspect at reasonable times any holding tank installed and in use
under this article.
Upon personal inspection by the Building Inspector,
if the holding tank has not been properly maintained or serviced in
compliance with Wisconsin law or in such a manner as to create a nuisance,
the Building Inspector may issue a notice to pump or correct the violation
within not less than 24 hours. The notice shall indicate that failure
to pump the holding tank or take corrective action as directed shall
result in the Town causing such work to be done and charged back to
the owner and, further, that failure to pay the costs of such work
within 30 days of date of notice of the charges shall result in placing
the charge on the owner's tax bill as a special charge.
Upon failure of an owner to comply with a proper
notice of the Town Building Inspector to pump or correct a violation
in the use of a holding tank, the Building Inspector may contract
with a properly licensed business to pump or correct the holding tank.
The costs of such pumping or corrective action shall be billed to
the owner of the land. Failure to pay the costs within 30 days shall
result in the placing of the costs on the owner's tax bill as a special
charge. The special charge shall be a special assessment against the
property.
[Amended 6-6-2012 by Ord. No. 2012-14]
Pursuant to SPS 383, Wis. Adm. Code, and the
holding tank agreement, a properly credentialed service provider,
on behalf of the owner, shall submit a service report through the
electronic reporting system of the Ozaukee County Land and Water Management
Department within 30 days of any service event. The properly credentialed
service provider shall also submit a report to the Town Building Inspector
which shall state the following:
The Town Board may authorize the commencement
of appropriate legal action or proceedings to prohibit the owner,
resident, agent or occupant of the premises from use of a holding
tank installed or used in violation of this article.
