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Cedarburg Town City Zoning Code

ARTICLE VII

Traffic Visibility, Loading, Parking and Access

§ 320-70 Traffic visibility.

[Amended 10-4-2006 by Ord. No. 2006-11]
A. 
For intersections with no control. No obstructions, such as structures, parking or vegetation, except crops, shall be permitted in any district between heights of 2 1/2 feet and 10 feet above the plane through the mean center line within a defined triangular space. That triangular space shall be formed by the approaching lanes of any two existing or proposed intersecting streets, neither of which is protected by a stop sign, and a line joining a point in each approaching lane located a given distance from the intersection of the two lanes. That distance shall be as shown in the table below (from pages 658 to 660, AASHTO Geometric Design of Highways and Streets 2001) for various speed limits:
Distance to Points From Intersection of Approach Lanes
(feet)
Posted Speed or 85 Percentile Speed
(mph)
115
25
140
30
165
35
195
40
220
45
245
50
285
55
B. 
For intersections where one road is controlled by stop signs. No obstruction, such as structures, parking or vegetation, except crops, shall be permitted in any district between the heights of 2 1/2 feet and 10 feet above the plane through the mean center line within a defined triangular space. That triangular space shall be formed by the approaching lanes of any two existing or proposed intersecting streets, one of which is provided with stop signs, and a line joining a point in each of the approaching lanes. The point for the approach lane controlled by the stop sign shall be located 20 feet back of the near edge of the intersecting pavement, and the point in the approaching arterial lane shall be a distance shown in the table below (from page 665, AASHTO Geometric Design of Highways and Streets 2001), measured from the intersection of the two approaching lanes:
Distance Along ThroughTraffic Approach Lanes
(feet)
Posted Speed or 85 Percentile Speed
(mph)
390
35
445
40
500
45
555
50
610
55
665
60

§ 320-71 Loading requirements.

A. 
Loading space requirements. On every lot on which a business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:
Use
Floor Area
(square feet)
Loading Space
Retail, wholesale warehouse, service manufacturing, and industrial establishments
2,000 to 10,000
1
Over 10,000 to 20,000
2
Over 20,000 to 40,000
3
Over 40,000 to 60,000
4
Each additional 50,000
1
Hotels, offices, hospitals, and places of public assembly
5,000 to 10,000
1
Over 10,000 to 50,000
2
Over 50,000 to 100,000
3
Each additional 25,000
1
Funeral homes
2,500 to 4,000
1
Over 4,000 to 6,000
2
Each additional 10,000
1
B. 
Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.
C. 
Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.
D. 
Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 45 feet, and a vertical clearance of at least 14 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to 10 feet in width, 25 feet in length, and eight feet in vertical clearance. Every loading space shall be sufficiently screened in the form of a solid fence or shrubbery to protect neighboring residences. Applicable new developments and/or new structures shall also comply with the loading design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
E. 
Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.
F. 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
G. 
Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
H. 
Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided that the following conditions are fulfilled:
(1) 
Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(2) 
Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
(3) 
No zoning lot served shall be more than 300 feet removed from the central loading area.
(4) 
The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

§ 320-72 Parking requirements.

All new parking lots and all alterations of existing lots shall be subject to the approval of the Town Board, after a recommendation from the Plan Commission. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, except those areas which are located within the fire zone as designated on the Official Map, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:
A. 
Access. Adequate access to a public street shall be provided for each parking space.
B. 
Design standards. The size of each parking space shall be not less than 180 square feet, exclusive of the space required for ingress and egress. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: 12 feet for thirty-degree parking and 20 feet for ninety-degree parking. Minimum width of aisles providing access to stalls for two-way traffic shall be 28 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Screening shall be approved by the Town Board with a recommendation from the Plan Commission. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands. Applicable new developments and/or new structures shall also comply with the parking design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 10-4-2006 by Ord. No. 2006-11; 8-6-2014 by Ord. No. 2014-8]
C. 
Location.
[Amended 10-4-2006 by Ord. No. 2006-11]
(1) 
Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts. Parking and driveways shall not be closer than six feet to a side lot line, right-of-way line or rear lot line.
(2) 
Off-street parking in single-family residential districts is permitted in the front yard in the driveway, even though closer than six feet to a side lot line, provided that the driveway conforms to the requirements in § 320-73.
(3) 
Off-street parking is permitted in all yards of the B-1 and B-2 Business Districts but shall not be closer than 15 feet to any public right-of-way.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
D. 
Surfacing. All off-street parking areas for more than 10 vehicles shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base of five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked. Compacted stone or gravel may be used with the approval of the Town Board.
E. 
Landscaping.
(1) 
Accessory landscape area. All public and private off-street parking areas which serve 10 vehicles or more and are created or redesigned and rebuilt subsequent to the adoption of this chapter shall be provided with accessory landscape areas totaling not less than 10% of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.
(2) 
Location. Location of landscape areas, plant materials and protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
(3) 
Plans. All plans for such proposed parking areas, at the discretion of the Town Board, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
[Amended 10-4-2006 by Ord. No. 2006-11]
(4) 
Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from said lot line. Said fence shall be located a minimum of one foot from said lot line. Screening shall be approved by the Town Board with a recommendation from the Plan Commission.
[Amended 10-4-2006 by Ord. No. 2006-11]
(5) 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.
(6) 
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(7) 
Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.
F. 
Curbs. Curbs or barriers shall be installed a minimum of three feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
G. 
Number of stalls. The number of parking stalls required is shown in the following table:
Use
Minimum Parking Required
Dwellings, single-family, two-family and mobile homes
2 stalls for each dwelling unit
Dwellings, multifamily
1.5 stalls for each dwelling unit
Housing for the elderly
0.75 space for each dwelling with 1/2 of these spaces to be built before occupancy and the balance of which spaces shall be reserved until such time as the Town Board may order them installed
Hotels and motels
1 stall for each guest room plus 1 stall for each 3 employees
Sororities, dormitories, and rooming and boarding houses
1 stall for each bed
Retirement homes, orphanages, convents and monasteries
1 stall per 2,000 feet of principal floor area
Hospitals, sanitariums, institutions, and rest and nursing homes
1 stall for each 2 beds plus 1 stall for each 3 employees
Medical and dental clinics
3 stalls for each doctor
Churches, theaters, auditoriums, community centers, vocational and community centers, vocational and night schools, and other places of public assembly
1 stall for each 5 seats
Colleges and secondary and elementary schools
1 stall for each 2 employees plus 1 stall for each 5 students of 16 years of age or more
Restaurants, bars, clubs and lodges, and places of entertainment
1 stall for each 150 feet of floor area and 1 space for each 2 employees
Manufacturing and processing plants (including meat and food processing), laboratories and warehouses
1 stall for every 2 employees (number of employees shall be construed to mean the maximum number on the premises at one time)
Financial institutions, business, government and professional offices, and retail and service establishments
1 stall for each 300 square feet of floor area and 1 stall for each 2 employees
Motor vehicle sales (new and used)
[Added 10-6-1999 by Ord. No. 1999-15]
2 customer parking spaces per salesperson for the work shift with the largest number of salespersons, plus 1 employee parking space per employee (including salespersons) for the work shift with the largest number of employees (this requirement does not include service stations, see below)
Repair shops and retail and service stores
1 space for each 150 square feet of net floor space
Automobile repair garages and service stations
1 space for each employee plus 1 space for each 250 square feet of floor area used for repair work
Bowling alleys
5 spaces for each alley
H. 
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.
I. 
Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided that such uses are not operated during the same hours. A written agreement satisfactory to the Town Attorney shall accompany any joint use arrangement.
J. 
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in this Code, the provisions contained in §§ 101.13, 346.503 and 346.56, Wis. Stats., and any Wisconsin Administrative Code sections adopted pursuant thereto, are hereby adopted by reference and made applicable to all parking facilities whenever constructed.
K. 
Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50% or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.
L. 
Off-lot parking.
(1) 
Required off-street parking spaces shall be located on the same lot with the principal use, or, when this requirement cannot be met, such parking spaces may be located off lot, provided that the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the Town Attorney.
(2) 
Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved, while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.
(3) 
Accessory parking may be located in residential districts, provided that said lots or property is immediately adjacent to a commercial, business or industrial zoning district.
(4) 
All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of 10 feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.
M. 
Adjustments to required parking.
[Added 10-6-1999 by Ord. No. 99-15]
(1) 
Purpose. The purpose of this Subsection M is to allow adjustments to the minimum number of parking spaces required to avoid constructing unneeded and excessive off-street parking facilities. Reducing the amount of excess off-street parking facilities is intended to provide for more cost-efficient site development, to eliminate constructing more impervious surface than necessary, to minimize stormwater runoff, to avoid construction of unnecessarily large stormwater management facilities, and to provide more landscape areas and open space on commercial and industrial sties. To achieve these purposes, the Plan Commission may reduce the minimum number of required off-street parking spaces in specific cases as described in this subsection.
(2) 
Adjustments. In all districts, the minimum number of required parking spaces may be adjusted by the Town Board, upon recommendation from the Plan Commission, on an individual basis. The petitioner for such an adjustment shall show to the satisfaction of the Plan Commission that adequate parking will be provided for customers, clients, visitors, and employees. The following provisions and factors shall be used as a basis to adjust parking requirements:
[Amended 5-6-2009 by Ord. No. 2009-9]
(a) 
Evidence that actual parking demands will be less than Zoning Code requirements. The petitioner shall submit written documentation and data to the satisfaction of the Plan Commission that the operation will require less parking than the Zoning Code requires.
(b) 
Availability of shared parking. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that off-site shared parking spaces are available to satisfy the parking demand. When a reduction of parking spaces attributable to shared parking is requested, the petitioner shall submit written verification that such parking is available and shall include copies of any contracts, joint lease agreements, purchase agreements, and other such documentation to show that such shared parking can be accomplished. The Town Attorney shall provide an opinion designating the method by which the required shared parking shall be provided. The off-site shared parking spaces shall be clearly posted for the joint use of employees and/or tenants or customers of each respective use those spaces serve.
(c) 
Use of off-street parking for visitors. Available nearby on-street parking may be counted toward visitor parking needs. This may only be allowed when on-street parking is permitted in a specific location, and then only when such on-street parking spaces are within 250 feet of the entrance they are intended to serve.
(d) 
Use of alternative transportation. Upon demonstration to the Plan Commission that effective alternative transportation to the automobile will occur, the Plan Commission may reduce parking requirements. Alternative transportation may include, but is not limited to, bus transit, van pool operations, car pool/ride sharing and bicycles. Parking management plans/operations may also be used as a basis to reduce required parking. Parking management plans may include, but are not limited to, flexible working hours or shifts, preferential parking for car pools/van pools, transit/van pool fare subsidy, imposition of a charge for parking, and establishment of a transportation coordinator to implement car pool, van pool, and transit programs. Proposals for adjustments of parking requirements under this subsection shall show how the alternative transportation modes will be implemented, the permanency of such modes, extent of the program, the number of vehicles the mode will replace, and other pertinent information.
(3) 
Space to be set aside for reduced parking. The site plan for the commercial or industrial use shall be designed to provide sufficient open space on the subject site to accommodate the additional parking spaces otherwise required by this chapter. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading, and service areas. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this chapter at the time of application.

§ 320-73 Driveways.

See Chapter 279, Streets and Public Ways, § 279-6, Driveways and culverts, § 279-7, Structures and construction in Town-right-of-way, § 279-8, Violations, and § 279-9, Permittee liable for damage or injury.

§ 320-74 Highway access.

A. 
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street, without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.
B. 
Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.
C. 
Temporary access to the above rights-of-way may be granted by the Town Board after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
[Amended 10-4-2006 by Ord. No. 2006-11]

§ 320-75 Storage and parking of recreational vehicles.

[Added 2-7-2002 by Ord. No. 2002-2]
A. 
Definitions. For purposes of this section, the following definitions shall apply:
BOAT
Every description of watercraft used or capable of being used as a means of transportation on water.
BOAT OR SNOWMOBILE TRAILER
A vehicle on which a boat or snowmobile may be transported and which is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this section, is termed an unmounted boat or snowmobile.
CHASSIS MOUNTS, MOTOR HOMES AND MINI MOTOR HOMES
Recreational structures constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom.
CONVERTED AND CHOPPED VANS
Recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.
MOBILE HOME
A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Length of a mobile home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space, and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions or other attachments. Width of a mobile home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space, and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions or other attachments.
RECREATIONAL VEHICLE
Any of the following:
(1) 
TRAVEL TRAILERA vehicular, portable structure built on a chassis and on wheels that is between 10 and 36 feet long, including the hitch, and eight feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called fifth-wheel units.
(2) 
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.
(3) 
MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle.
(4) 
CAMPING TRAILERA canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.
YARD, FRONT
That part of a lot between the front lot line and front(s) of the principal building on the lot and extended to both side lot lines.
YARD, REAR
That part of a lot between the rear lot line and the back(s) of the principal building on the lot and extended to both side lot lines.
YARD, SIDE
That part of a lot not surrounded by a building and not in the front or rear yard.
B. 
Permitted parking or storage of recreational vehicles. In all residential and commercial districts provided for in this Zoning Code, it is permissible to park or store a recreational vehicle or boat and boat trailer on private property in the following manner:
(1) 
Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.
(2) 
Parking is permitted outside in the side yard or rear yard, provided that it is not nearer than 10 feet to the lot line. Parking shall also be permitted on a garage approach or a driveway apron located in front of a garage.
(3) 
Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:
(a) 
Used for dwelling purposes, except for overnight sleeping for a maximum of 14 days in any one calendar year. Cooking is not permitted at any time.
(b) 
Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.
(c) 
Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.
(4) 
The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.
(5) 
Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

§ 320-76 Berm requirements.

[Added 4-5-2000 by Ord. No. 2000-11]
A. 
Berm defined.
[Amended 10-4-2006 by Ord. No. 2006-11; 6-6-2018 by Ord. No. 2018-1]
(1) 
As used in this section, the term "berm" shall include any mound or wall of soil extending vertically higher than four feet above the natural grade for the lot. A berm is determined as starting at the base where natural grade changes.
(2) 
This section would not apply to the following:
(a) 
Temporary topsoil piles on construction sites.
(b) 
Mound septic systems.
(c) 
Landscaping areas less than four feet above the natural grade with a slope not exceeding one foot vertical to three feet horizontal.
(d) 
Berms under four feet above the natural grade for a residential lot or under six feet above the natural grade in all other zoning districts.
B. 
Permit required.
(1) 
General permit requirements. No berm may be located, erected, moved, reconstructed, extended, enlarged, reduced, converted, or altered without obtaining all permits required by this section and without being in conformity with the provisions of this section.
(2) 
Conditional use permit required. Berms exceeding four feet in vertical height from the natural grade for residential districts and six feet in vertical height from the natural grade for all other zoning districts shall require a conditional use permit. Berms exceeding this requirement can be issued a conditional use permit by the Town Board upon compliance with the requirements of this section and approval by the Plan Commission and Town Board.
[Amended 6-6-2018 by Ord. No. 2018-1]
(3) 
Approval process.
(a) 
The Plan Commission shall have the authority to recommend the height, location, slope and landscaping of the berm to the Town Board.
(b) 
The Plan Commission shall also notify neighbors within 1,000 feet of the property containing the proposed berm of a public hearing on the conditional use application.
(c) 
The Plan Commission, in determining whether to recommend the conditional use permit, shall apply the same standards as applied under Article V, Conditional Uses, of this Zoning Code.
(d) 
The Town Board has the authority to revise recommendations of the Plan Commission.
C. 
Permit application.
(1) 
Applications for a berm permit shall be made on forms provided by the Town and shall contain or have attached thereto the following information:
(a) 
Name, address and telephone number of the applicant and location of the building, structure, or lot to which or upon which the berm is to be erected.
(b) 
Name of the person, firm, corporation, or business locating, erecting, moving, reconstructing, extending, enlarging, reducing, converting, or altering the berm.
(c) 
Written consent of the owner or lessee of the land upon which the berm is located or proposed to be located.
(d) 
Additional information as may be required by the Town Director of Public Works or the Town Plan Commission.
(2) 
Plans and attachments. The following plans must be submitted for Town staff and Plan Commission review and must, at a minimum, include the following:
(a) 
Berm plan depicting location, setbacks, property lines, and proposed and existing grade contours.
(b) 
Proposed type of fill material.
(c) 
Planting plan, including grasses, shrubbery and tree types with spacing. It is recommended that the landscape plantings be spaced randomly to help visually break up the continuous line of the berm and that the berm be constructed in such a way as to be undulating and serpentine in appearance. It is also required that at least six inches of topsoil be placed on all berms in addition to suitable plantings.
(d) 
Proposed schedule for all phases of work.
D. 
General regulations. General regulations applicable to all berms receiving permits under this section.
(1) 
Location.
(a) 
The berm shall be located at least 10 feet from a road right-of-way.
(b) 
An earthen berm shall not be constructed to obstruct the view of vehicular traffic for ingress and egress for any Town or other public road, private driveway, walkway or bike trail.
(c) 
Berms shall not be placed in drainageways, floodplains, wetlands or conservancy zoned areas.
(2) 
Slope. All berms shall be constructed such that the slope shall not exceed a slope of one foot vertical to three feet horizontal. The berm must be of no greater grade than would be allowable to be mowed with a riding lawn mower, or some similar device.
[Amended 6-6-2018 by Ord. No. 2018-1]
(3) 
Drainage. All berm construction shall not impede surface water drainage or disturb existing drain tile systems.
(4) 
Erosion control. All berm construction shall adhere to Chapter 110, Construction Site Erosion Control, of this Code where applicable.
(5) 
Deadline. All berms shall be completed, including all landscaping, within one year of the date of issuance of the conditional use permit.
[Amended 6-6-2018 by Ord. No. 2018-1]
(6) 
Permit conditions. All berm permits shall require the permittee to:
(a) 
Notify the Town Director of Public Works within two working days of commencing any land development and land-disturbing activity, and at the completion of berm construction but prior to planting the berm to allow inspection of the berm;
[Amended 6-6-2018 by Ord. No. 2018-1]
(b) 
Obtain permission in writing from the Town Director of Public Works prior to modifying the berm plan;
[Amended 6-6-2018 by Ord. No. 2018-1]
(c) 
Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the berm plan; and
(d) 
Allow Town personnel or other agents authorized by the Town to enter the site for the purpose of inspecting compliance with the berm plan or for performing any work necessary to bring the site into compliance with the berm plan.
E. 
Inspection. If berm development or berm activities are being carried out without a permit, Town personnel shall enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
F. 
Fees. Fees referred to in this section shall be the fee for a conditional use permit application as established by the Town Board as provided in the Town schedule of fees. The permittee shall also be responsible to pay a fee equal to the actual cost to the Town for all engineering work incurred by the Town in connection with the enforcement of this section.
[Amended 10-4-2006 by Ord. No. 2006-11; 6-6-2018 by Ord. No. 2018-1]