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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1332 (Sec. 15.14 of the Codification)]
No person, firm or institution, public or private, shall transfer to, dump or place upon lands, public or private, solid fill within the Village of Whitefish Bay without first obtaining a permit therefor.
Application for a filling permit to transfer, dump or place solid fill within the Village of Whitefish Bay shall be made by the owner of the lands to be filled or his designated agent in writing to the Village Board upon an application made available by the Village. A separate hauling permit shall be obtained for each truck or vehicle hauling the fill material. The applicant shall set forth in the application the following information:
A. 
Location of filling operation.
B. 
Proposed route for hauling fill.
C. 
Number, type and size of trucks to be used.
D. 
Proposed trucking schedule, number of days, time of day, etc.
E. 
Other equipment involved in fill operation.
F. 
Descriptions and source of fill material.
G. 
A plan which shall include, but which shall not be limited to, a description of area where operation is to take place; intent and purpose of the plan; engineering studies, if any; plan for plantings; plan for grading; cross-section drawings showing the topography of the land before commencing the filling operation, and upon completion of the filling operation; plan for shore protection; and other such requirements, tests, and surveys that may be imposed and information that may be requested by the Village concerning the fill area and access routes thereto.
H. 
Daily maintenance schedule for access and hauling route, including description of the personnel and equipment on site or contracted for this purpose. Applicant shall provide a description of measures to be taken to control dust, mud, ice, stormwater, etc.
[Amended by Ord. No. 1419; at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
A. 
A nonrefundable fee as set from time to time by the Village Board shall accompany the application for filling permit.
B. 
A nonrefundable fee as set from time to time by the Village Board per truck or vehicle hauling fill materials to the fill area shall be paid. Applicant shall also pay all expenses incurred by the Village for its review and issuance of the filling permit.
Fill material shall be clean, inert material free from organic matter, brush, garbage and material subject to organic decomposition. Fill containing items such as hollow containers, appliances and equipment subject to subsequent collapse or settlement is prohibited. Generally, material such as earth fill and broken concrete of a size to be approved by the Village Manager will be classified as acceptable fill subject to other permit requirements.
The Village Board may authorize the Village Manager to issue a filling permit to each applicant when it is satisfied that the fill material meets the requirements in § 15-57 above and that the filling operation will not create unreasonable noise, traffic or other problems detrimental to a residential community in the area of said filling. The permit shall not authorize any filling between the hours of 5:00 p.m. and 7:00 a.m. on weekdays nor at any time on Saturday, Sunday or on a statutory holiday. The permit may restrict the hours of filling or the number of trucks involved based on the location of the filling operation and the traffic conditions in the area of the filling. The filling permit shall be for a period not to exceed three consecutive months. The hauling permit shall be for a period not to exceed three consecutive months. Permit applications for subsequent time periods will be subject to conditions and fees governing initial application. Filling and hauling permits are nontransferable.
[Amended by Ord. No. 1419; at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
The filling permit shall not be effective until the posting of a $1,000 cash deposit with the Village. Said cash deposit shall be held by the Village to insure adequate cleanup of streets and surrounding areas from spillage, debris, dust, all other material from the trucks carrying the fill, and inspection of filling operations by Village personnel. In the event the permittee or his contractor fail to clean up the streets at sufficient time intervals, the Village may clean up said streets and use such part of the cash deposit for the expense of cleanup. The Village shall maintain a record of inspections conducted by Village personnel and use such part of the cash deposit for the expense of inspections. In the event that all or any portion of the initial $1,000 cash deposit is used for such cleanup or inspection, the permittee or his contractor shall post additional sums of money so that the deposit will continue to be maintained in the amount of $1,000 for the entire time period of the filling permit.
The permit shall not be effective until the posting of such surety bond as the Village Board may require to cover possible damage to streets and utilities caused by the fill or the transporting of the fill. The Village Board shall determine the amount of the surety bond to be required in the case of each individual permit, taking into consideration the amount of fill and trucking and the anticipated effect on surrounding streets, public lands and utilities.
The filling permit shall not be effective until all applicable county, state or federal licenses or permits are obtained and copies are provided to the Village. This article shall in no way limit the requirements of those other jurisdictions to restrict or require their approval or permit, if necessary.
Filling operation shall not block a natural drainage course.
This article shall not apply to customary top dressing of fertilizing of lawns and gardens, nor shall it apply to construction of block or concrete patios, driveways or platforms permitted under the Village Code. Filling involved in an operation requiring a building permit or a wrecking permit is exempt from this article of the Code.
Permittee may provide an on-site nonilluminated sign to identify the filling site access. Said sign shall not exceed 36 square feet in size and shall have copy as follows:
"(Name as assigned by Village Manager)"
Normal Operations 7:00 a.m. to 5:00 p.m. weekdays
Closed Saturdays, Sundays, Holidays
"Site Open" - "Site Closed" designations
[Amended by Ord. No. 1442; at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Article III, General Penalty, of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.