Suamico, WI Zoning Ordinance

Artificial lakes and artificial ponds 2,000 square feet or larger in size may only be permitted in any zoning district by conditional use approval.

Artificial ponds of less than 2,000 square feet are permitted in any zoning district of this ordinance and shall conform to these regulations including the site plan and excavation permit requirements.

Wildlife ponds may only be permitted in Agricultural - Farmland Preservation (AG-FP), Agriculture (AG), or Rural Residential (RR) zoning and must reside in an existing wetland area. Design standards are to be governed by the Wisconsin Department of Natural Resources and/or the Soil Conservation Service and Agriculture Conservation Service. All size wildlife ponds shall require conditional use recommendation from the Planning and Zoning Commission and approval by the Board.

(2)

Approval Process.

The property owner, developer, or assigned agent shall make application for and receive conditional use approval from the Board with review and recommendation from the Planning and Zoning Commission prior to requesting an excavation permit and beginning construction. The property owner shall request and obtain the required excavation permit for all lake or pond development, regardless of size, prior to beginning construction.

The Building Inspector shall issue an excavation permit for artificial lakes and ponds requiring conditional use approval, following the Village's approval of the conditional use as prescribed above, in accordance with the conditions and requirements of the conditional use approval.

The Building Inspector shall issue an excavation permit for all pond construction of less than 2,000 square feet and conduct the necessary inspections to ensure the compliance of pond construction with the requirements of this code.

(3)

Site Plans. A site plan shall be required for all lake or pond construction, submitted with all conditional use approval applications as part of the application itself, and submitted for review by the Building Inspector for compliance with these regulations for all ponds not requiring conditional use approval prior to the issuance of an excavation permit. All site plans shall provide the following information:

A map drawn at a minimum scale of one inch to 200 feet showing the proposed lake or pond size, existing buildings on the property (residential and other), existing natural features of the property (i.e. wetlands, watercourses, topographic features, etc.). and the adjoining property within 500 feet of the site.

A layout of proposed residential lots and other buildings, if applicable.

The type and location of sanitary facilities to be installed if residential development is to take place or the existing sanitary facility location and type.

(d)

Reasonable proof that the ground water table is at a sufficient level to support the requirements of water depth for the applicable designation (lake or pond). Water levels shall not be artificially maintained by use of a well to protect the potable water source of surrounding properties.

(e)

Surface water runoff with two foot contour topography.

The developer shall submit 10 copies of the site plan to the Planning and Zoning Commission for lake or pond construction requiring conditional use approval. A minimum of three copies shall be submitted to the Building Inspector for pond construction not requiring conditional use approval.

(4)

Development Standards.

All artificial lakes and ponds, other than a fish or wildlife facility, garden ponds, or landscape ponds, shall meet the following design standards:

The center portion of any artificial lake shall be excavated deep enough to maintain a water depth of 10 feet.

The center portion of any pond, other than a fish or wildlife facility, shall be excavated deep enough to maintain a water depth of eight feet.

The perimeter (land side) shall have a slope not greater than one foot of fall in five feet of travel (5:1) for a minimum of 15 feet from the highwater mark.

The perimeter (water side) shall have a slope not greater than one foot of fall in three feet of travel (3:1) for a minimum of 15 feet from the highwater mark.

No lake or pond shall be constructed within 50 feet of an existing or proposed soil absorption onsite sanitary waste disposal system. No lake or pond shall be constructed within 25 feet of an existing or proposed holding tank, sanitary waste disposal system.

No lake or pond shall be constructed within 50 feet of any existing or proposed residence or other structure.

No lake or pond shall be constructed within 30 feet of any property line except for lakes or ponds that cross property lines may be approved conditioned upon a maintenance agreement approved by the Board and recorded with the Register of Deeds office.

The perimeter of the lake or pond shall be landscaped and seeded within six months after completion of the excavation.

A performance bond of $1,500 per acre shall be required of the property owner/developer for lakes and ponds of one acre or more in size.

Garden ponds or landscape ponds shall meet the following design standards:

Must be lined with plastic, rubber, or similar material.

Shall be designed to be stepped at a maximum of one foot intervals to a depth of not more than three feet.

Shall not be closer than 10 feet to the occupied portion of a residential structure (not garages, decks, or accessory uses attached to the dwelling).

Shall not be closer than 20 feet to a property line.

Shall be designed with a pump or circulating system to maintain water quality.

Shall be designed to be entirely self contained, allowing no possibility of overflow or release of any non-native species into the surrounding lands or waterways.

(5)

Other Requirements.

The constructed lake or pond shall meet the requirements of the Brown County Shoreland and floodplain ordinances.

Artificial lakes or ponds constructed adjacent to a navigable body of water shall comply with the regulations set forth by the Wisconsin State Statutes and the Department of Natural Resources. The Building Inspector or Planning and Zoning Commission may require the owner/developer to obtain a determination of navigability from the Wisconsin Department of Natural Resources for watercourses in close proximity to or associated with the proposed lake or pond.