Ledgeview City Zoning Code
ARTICLE XXIV
Man-Made Bodies of Water
§ 135-221 Purpose.
The following is an article defining the term "man-made body of water;" regulating the design, maintenance and the use thereof; and providing a penalty for the violation thereof.
§ 135-222 Term defined.
A.
The term "man-made body of water" as used herein shall mean any excavation or mounding of earth or other material which would create a reservoir or artificial body of water in which water can collect or travel and which is created after the effective date of this chapter.
B.
Man-made bodies or artificial bodies of water will be referred to, from here on, as a "pond." This shall not limit the scope of this chapter but shall be for ease of use only. Facilities or structures designed to contain or manage animal waste or manure shall be referred to, from here on, as "animal waste storage facilities." Facilities or structures designed to contain drainage that has come through or across a feed storage or manure storage area, including leachate, shall be referred to, from here on, as "contaminated runoff storage facilities."
§ 135-223 Conditional use required.
§ 135-224 Exemptions.
§ 135-225 Approvals and submittals.
A.
A permit is required from the Town of Ledgeview for all excavations or mounding which will result in a man-made body of water as defined herein. To obtain such a permit, an application shall be made to the Town of Ledgeview Zoning Administrator on the proper forms provided by the Town. Applications shall include a site plan scaled to at least one inch equaling 200 feet, with the following:
[Amended 5-17-2022 by Ord. No. 2022-10]
(1)
A map showing the location of the premises and the adjoining properties within 500 feet.
(2)
Any existing or future buildings, easements, property lines and setbacks.
(3)
Any existing waterways or floodway.
(4)
A scaled section view of the pond with slopes, depths and high and low water levels.
(5)
Outflow design with calculations.
(6)
Fencing.
(7)
Methods of maintaining low water levels.
(8)
Proposed truck and machinery access to the site.
(9)
Approximate amount of earth material to be excavated or removed at the site.
(10)
Proposed regrading and revegetation of the site after completion of the excavating.
(11)
Designated hours of operation.
(12)
Contour intervals of the proposed site at intervals of 20 feet, when available.
B.
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 and Department of Natural Resource permits must accompany the application, if required.
C.
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.
§ 135-226 Design standards.
A.
Ponds.
(1)
All ponds shall be designed within the scope of this chapter. Where no minimum water level is to be maintained, the slope of the pond bottom may not exceed three to one. In all cases where a portion of the pond will have a slope of greater than three to one, a slope of no greater than three to one shall be maintained around the entire perimeter of said pond to a minimum water depth of 48 inches before the greater slope may occur.
(2)
All ponds 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 every 12 hours. The minimum size of outflow pipe shall not be less than eight 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 three to one or less shall be established and maintained from the normal high-water level; this area shall be no less than three feet measured from the water's edge.
(3)
All ponds which shall have minimum water levels established as a result of slope angles greater than three to one shall seal the bottom and sides to prevent excess seepage. This seal shall be provided in one or more of the following ways:
(4)
The minimum side and rear setback shall be 25 feet; front setbacks and corner side setbacks shall be 50 feet.
§ 135-227 Other requirements.
A.
The Town of Ledgeview Zoning and Planning Committee may, at its discretion, require fencing. Where such fencing is required, the following criteria shall be used:
(1)
A structural fence no less than four feet in height and no less than four feet from the water's edge at the high-water line shall be provided. It shall be constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors or gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates or doors 48 inches or less in width opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. All gates or doors over 48 inches in width opening through such enclosure shall be kept securely latched at all times when unsupervised.
B.
The groundwater table in the surrounding area and adjacent to the pond or animal waste storage facilities shall be protected.
C.
Town 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 Town after completion of the well.
D.
The Division of Environmental Health requirements shall be met to ensure proper safety of swimmers.
E.
Temporary fencing shall be provided as soon as slopes of greater than three to one are developed during construction and shall be maintained until minimum water level is obtained.
F.
No screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises unless it is located more than 500 feet from a residential dwelling.
G.
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.
H.
The premises shall be excavated and graded in conformity with the plan as approved. Any deviation from the plan shall be cause for the Town to revoke the permit.
I.
Trucks and machinery. No fixed machinery shall be erected or maintained within 200 feet of any property or street line. Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding property.
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 Town of Ledgeview retains the right to require any other and/or future restrictions as deemed necessary to protect the health, safety and welfare of the community.
§ 135-228 Inspections.
A.
The owner/agent shall call for the following required inspections 24 hours in advance. Other periodic inspections shall be granted to the appropriate Town of Ledgeview staff member during normal working hours.
[Amended 5-17-2022 by Ord. No. 2022-10]
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 and the pond has reached its minimum water level.
§ 135-229 Maintenance.
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.
§ 135-230 Permit fees.
Permit fees shall be established and charged as per the fee schedule.
§ 135-231 Construction deposit.
A construction deposit shall be required.
§ 135-232 Performance bond required.
A performance bond shall be required. The following schedule shall be used:
Surface Area | Amount |
|---|---|
0 to 1,000 square feet | $500 |
1,001 to 2,500 square feet | $1,000 |
2,501 square feet to one acre | $5,000 |
One acre and up | $5,000/acre or fraction thereof |
§ 135-233 Violations and penalties.
A.
Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall, upon conviction thereof, forfeit an amount as determined by the Town Board in Chapter 1, General Provisions, Article II, Fees and Penalties, together with the costs of the prosecution; and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail of Brown County, Wisconsin, for a period of not more than 30 days for each violation or until such forfeiture and costs of prosecution have been paid. Each day that a violation is permitted to exist shall constitute a separate offense and may be punishable as such.
B.
This section shall not preclude the Town of Ledgeview from maintaining any appropriate action to prevent or remove a violation of this article.