Hobart City Zoning Code
ARTICLE XXIX
Man-Made Bodies of Water
§ 295-311 Purpose.
This is an article defining the term "man-made body of water," regulating the design, maintenance, and use thereof, and providing a penalty for violations.
§ 295-312 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ARTIFICIAL LAKE
A man-made body of water 1/2 acre or larger.
POND
A man-made body of water less than 1/2 acre.
WATER GARDEN
A man-made body of water 800 square feet or less of surface area.
§ 295-313 Zoning.
Artificial lakes shall be a conditional use in all zoning districts.
§ 295-314 Exemptions.
A.
Swimming pools as defined in this chapter.
B.
Manure storage pits, as defined and designed in Brown County Ordinance Chapter 26, Animal Waste Management, and with the following conditions. Such exempt manure storage pits shall be:
(1)
Located wholly in Agriculture or Exclusive Agriculture zoning.
(2)
A minimum of 300 feet from any existing residential area.
(3)
Outside the sewer service area.
(4)
Fenced according to the regulations contained herein.
C.
Water gardens, 800 square feet or less in surface area.
D.
Detention ponds being constructed as part of a Village-approved stormwater management system as long as they are designed and constructed in accordance with the set standards of Brown County, EPA, and DNR.
§ 295-315 Approval and submittals.
A permit is required from the Village of Hobart for all excavations or mounding which will result in a pond or lake as defined herein. Any alterations to existing man-made bodies of water other than routine maintenance are subject to the provisions of this article. To obtain such a permit, an application shall be made to the Village of Hobart Zoning Administrator/Building Inspector on the proper forms provided by the Village. Applications shall include a site plan scaled to at least one inch equaling 200 feet with the following:
A.
A map showing the location of the premises and the adjoining properties within 500 feet.
B.
Any existing or future buildings, easements, property lines, and setbacks.
C.
Any existing waterways, floodways and navigable streams.
D.
A scaled section view of the pond or lake with slopes, depths, high and low water levels.
E.
Outflow design.
F.
Methods of maintaining water level.
G.
Proposed access to the site.
H.
Proposed regrading and revegetation of the site after completion.
I.
Contour intervals of the proposed site at intervals of 20 feet.
J.
If the excavation site shall fall within a county floodplain, shoreland, or conservancy zone district, the regulations as set forth in the Shoreland-Floodplain Protection Ordinances for Brown County shall apply. Brown County, Department of Natural Resources, and EPA permits must accompany application if required.
K.
Applications shall be approved or denied within 60 days from the date all information is received in order. No application shall be processed or approved without adequate information.
§ 295-316 Design standards.
A.
All ponds and artificial lakes shall be designed within the scope of this article. In all cases where a portion of the pond or lake will have a slope of greater than 3:1, a slope of no greater than 3:1 shall be maintained around the entire perimeter of said pond to a minimum water depth of 48 inches before the greater slope may occur.
B.
All ponds and lakes shall have an outflow to maintain the maximum normal water level; the size of this outflow shall be determined by design and shall be capable of removing one inch of water from the surface of the entire pond or lake every 12 hours. The size of the outflow pipe shall not be less than six inches in diameter. Calculations shall be provided with the permit application. Outflows shall not flow directly onto adjacent parcels of property. Outflow discharge may cross adjacent parcels through a natural existing waterway only, but in no case shall this discharge create a waterway or a nuisance. A safety buffer area with a slope of 3:1 or less shall be established and maintained from normal high water level; this area shall be no less than six feet measured from the water's edge.
C.
All ponds and lakes shall protect the shoreline banks from erosion and excess seepage. This protection shall be provided in one of the following ways:
(1)
Existing clay soils.
(2)
Clay blanket.
(3)
Compaction.
(4)
Waterproof liners.
(5)
Stones, rocks, or landscaping bricks.
D.
The minimum side and rear setbacks shall be 30 feet; front setbacks and corner side setbacks shall be 50 feet.
E.
The Village of Hobart may at its discretion require fencing and dry hydrants. Where such fencing is required, the following criteria shall be used:
(1)
A structural fence four feet in height and no less than six feet from the water's edge at the high water line shall be provided. It shall be constructed so that no holes, gaps, or openings larger than four inches in any dimension. All gates or doors shall be kept securely latched at all times when unsupervised.
F.
The groundwater table in the surrounding area and adjacent to the pond or lake shall be protected.
G.
Village and state permits shall be required if high-capacity wells are drilled on the site. Location of all wells shall be provided on the site plans; well logs shall be provided to the Village after completion of the well.[1]
[1]
Editor's Note: Original Subsection 8, The Division of Environmental Health requirements shall be met to insure proper safety of swimmers, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
H.
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
I.
The premises shall be excavated and graded in conformity with the plan as approved. Any deviation from the plan shall be cause for the Village to revoke the permit.
J.
The perimeter of the pond/lake/body of water shall be landscaped and seeded with a perennial ground cover within three months after completion of the excavation.
K.
The Village of Hobart retains the right to require any other and or future restrictions as deemed necessary to protect the health, safety, and welfare of the community.
L.
Introduction of fish, game, or plant life shall meet DNR regulations.
§ 295-317 Inspections.
A.
Owner/agent shall call for the following required inspections 24 hours in advance; other periodic inspections shall be granted to the Village of Hobart Zoning Administrator/Building Inspector, Village Board and Planning and Zoning Commission during normal working hours.
B.
A site inspection shall be made prior to any excavation. Property lines adjacent to the excavation, proposed excavation boundaries, and outflow termination point shall be marked clearly for site approval.
C.
An excavation inspection shall be made after all slopes are established.
D.
Final inspection shall be made when all fencing is in place (when required) and the pond/lake has reached its minimum water level.
§ 295-318 Owner responsibilities.
The owner of any land on which a man-made body of water shall exist is required to maintain that land and body of water within the limits of this chapter.
§ 295-319 Permit fees.
Permit fees shall be established and charged as per the Village fee schedule.
§ 295-320 Construction deposit.
A construction deposit shall be required.
§ 295-321 Performance bond.
A.
Performance bond may be required at the discretion on the Village Board.
B.
Exception. Manure storage pits governed by this article shall be exempt from any performance bond.
§ 295-322 Violations and penalties. [1]
Any person, firm, company, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any provisions of this article shall, upon conviction thereof, be subject to the penalties provided in § 1-3. Each day that a violation is permitted to exist shall constitute a separate offense and may be punishable as such.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).