[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.13 of the
1997 Code. Amendments noted where applicable.]
B.Â
Application; revocation. A filling permit shall be
issued by the City Engineer upon application being made and filed
with him or her upon payment of the permit fee as set forth herein.
Such application shall be signed by the owner of the premises involved,
together with the person applying for the permit, if he or she be
other than the owner. It shall contain the location of the premises
and an accurate description of the same and include an estimate of
the number of cubic yards necessary to fill such land to approximately
the grade of the terrain bounding the area to be filled. The permit
shall be for a period of one year and subject to renewal each successive
year upon reapplication. The permit may be revoked by the City Council
upon notice to the permittee and hearing if the permittee is depositing
or permitting or causing to be deposited any materials on such premises
other than solid fill or has failed to or refused to comply with any
of the regulations set forth herein or any of the rules, regulations
and orders of the Inspector herein. Such hearing shall be conducted
in the manner provided in § 227.15, Wis. Stats.
D.Â
Fill in excess of 500 cubic yards. If it appears from the application for such filling permit that the amount of fill reasonably required to alter the contour of the subject filling site to approximate grade of the terrain bounding the area to be filled shall exceed 500 cubic yards, the provisions of § 129-2 shall become applicable and govern the issuance of such filling permit. If the estimate of the Inspector shall differ from the estimate of the applicant as to the number of cubic yards required, the estimate of the Inspector shall be controlling.
[Amended 4-15-2014 by Ord. No. 2014-2137]
Whenever the amount of fill required shall exceed
500 cubic yards or the area exceeds 1/2 acre, the applicant shall
submit a topographic and contour map at a scale not over 100 feet
to the inch, with two-foot contour intervals based on USGS datum.
Such map shall show the proposed fill area, proposed final contours,
drainage patterns and special drainage devices, if necessary, and
all other pertinent information as may be required to clearly indicate
the orderly development of the fill area including a preliminary plan
for the current reasonably anticipated or determined end use of the
property; provided, however, in the case of the excavation or the
filling in of a building site where a building permit has been issued
for the erection of a new building or structure, the alteration or
addition thereto and the proposed final grades of such excavation
and grading are included in the plat plans as submitted and approved
by the Inspector and the total amount of filling required does not
exceed 500 cubic yards, a filling permit shall not be required.
For the purpose of this chapter, the following
words and phrases are defined and shall be construed to mean, unless
the context in which they are used clearly indicates an intent to
the contrary, as follows:
The act of placing, setting down or depositing solid fill
on land for the purpose of or which has the resultant effect of changing
the existing contour of or raising the elevation of such land or any
part thereof.
A permit to allow a person to engage in the act of filling
on a specified parcel of land.
[Amended 4-15-2014 by Ord. No. 2014-2137]
Includes oils and oil lights, sweepings from garage floors,
barrels, boxes or other containers containing oil or other similar
liquids, rags, clothes, paper, shavings, paper or cardboard boxes
or cartons, grease, paints, varnish or other similar substances, any
of which are likely to be readily inflammable or combustible.
The City Engineer or designee. The references to the Building
Inspector in this chapter are separate and distinct from the references
to "Inspector" as provided herein.
[Amended 4-15-2014 by Ord. No. 2014-2137]
Includes any natural person, firm, corporation or partnership.
Earth, clay, soil, ground, stones, rocks or broken concrete
if the same does not exceed 18 inches in diameter; cinders consisting
of the residue from the combustion of coal and not less than 1/8 inches
in diameter; or any mixture or combination of the foregoing.
A.Â
Every person who shall fill upon any lot, tract or
parcel of land shall fill such land as evenly as possible, and at
the end of such filling shall level and grade such fill and shall
see to it that the top thereof shall be of soil, free from broken
concrete and relatively free from gravel, and that the upper four
inches thereof shall be of soil suitable for growing grass. He or
she shall keep the surface of such filling free from dust at all times
during the filling operations and thereafter.
B.Â
Land filling shall be operated and maintained in a
sanitary manner, rodentfree, with no emission of dust or dirt beyond
its boundary lines.
C.Â
All materials delivered to the landfill site shall
be deposited in a manner to prevent erosion into any watercourses,
roadside ditches or onto adjoining properties.
D.Â
All fill operations shall be confined to the hours
of 7:00 a.m. to 5:00 p.m. daily and 7:00 a.m. to 12:00 p.m. on Saturdays,
unless otherwise shown or permitted on the application. No such activity
shall be permitted on Sundays.
E.Â
No permittee hereunder shall operate equipment or
otherwise cause noise which interferes with nearby property owners
in the peaceable enjoyment of their properties. The permittee shall
maintain roadways to and across the site in a smooth condition to
minimize noise of delivery vehicles.
F.Â
Roadways to and across the landfill site shall be
treated to prevent dust nuisances.
G.Â
No natural drainageways or swales shall be blocked,
and fill shall be placed in a manner to prevent formation of water
nuisances or insect-breeding ponds.
H.Â
Should any fill material erode into any watercourse
or onto any adjoining property, the permittee shall remove such material
at his or her expense upon the order of the City Engineer.
I.Â
Fencing or suitable visual screen as approved by the
Plan Commission shall be provided on all sides of the site, unless
waived by the City Council on application.
J.Â
No permittee hereunder nor the owner of the property
shall deny the City Engineer, Building Inspector, police officer or
other authorized officer or employee of the city the right of entry
on his or her property during normal business hours for the purpose
of inspection thereof or for the purpose of enforcing or carrying
out the provisions of this chapter.
K.Â
No permittee shall fail to obey a stop order or revocation
order issued by the City Engineer, Building Inspector or authorized
city officer for a violation of this chapter. The permittee may appeal
such stop order or revocation order to the City Council, such appeal
to be filed, in writing, with the City Clerk within five days of service
thereof. If no appeal is taken within such time, the order shall be
final. Such appeal shall be heard within five days in public, at which
time the permittee may be represented by counsel. The City Council
may affirm, reverse or modify the order appealed from and shall do
so within five days of the hearing. The permittee shall not operate
under his or her permit until the appeal is decided.
L.Â
For permits of 500 cubic yards or more, the permittee shall be required
to compact all fill in layers to achieve a density of 3,000 pounds
per square foot or to a density approved by the City Engineer to support
the final use of the lands. The permittee shall make an effort to
maintain the density through proper drainage and ground cover and
shall be responsible to maintain the approved density until the final
completion of the filling operation. The permittee shall provide professional
geo-physical technician daily inspection, or as established by the
City Engineer, with sufficient density testing such that the area
can be certified by a geo-physical engineer as meeting the established
density. Weekly reports shall be submitted to the City Engineer for
review and approval. Upon completion of the filling operation, the
permittee shall submit a full geo-physical report signed and stamped
by said engineer.
[Added 4-15-2014 by Ord. No. 2014-2137[1]]
M.Â
If any person fails to complete or correct his or
her landfill operation in accordance with the terms of his or her
permit and the provisions of this chapter, the City Engineer shall
notify the permittee that the City Council will hold a public hearing
on his or her recommendation that the city complete or correct such
work, either by the city staff or by contract, and assess the reasonable
cost thereof against the property on which located. Notice shall be
given by personal service or certified mail at least seven days prior
to the hearing. The permittee shall have the right to be heard and
to be represented by counsel. The City Council by resolution may order
the work completed or corrected and levy a special assessment for
the reasonable cost thereof, which shall be a lien on the property,
collected as other special assessments. The permittee may appeal to
circuit court within 20 days after a copy of the final resolution
is served upon him or her by personal service or certified mail. If
no appeal is taken within such time, the assessment shall be final.
N.Â
The Council may, in an individual case, upon recommendation
by the Inspector, as a condition to issuance of a filling permit or
at any time as a condition for the continuance of such permit, require
compliance by the permittee with any or all of the regulations set
forth in this section.
O.Â
Fill and filling are also regulated by and subject to the Unified
Development Ordinance, including, but not limited to Division 15-8.0300
and more specifically, § 15-8.0305, Control of Erosion,
Pollutants and Nuisance During Land Disturbance and Development.
[Added 4-15-2014 by Ord. No. 2014-2137]
A.Â
There is hereby created the position of Inspector,
who shall have such power, authority and duties concerning the inspection,
supervision and control of fill or filling within the city as hereinafter
set forth.
B.Â
Such Inspector shall have complete charge and supervision
over the regulation and operation of filling. He or she shall have
at all times full power and authority to require complete compliance
with this chapter and with all other rules, regulations and orders
for the regulation of filling and for the enforcement of this chapter,
rules, regulations and orders. He or she shall have full power and
authority to require of any person engaged in filling, his or her
agent, servants or employees, compliance in all respects with the
terms and provisions of this chapter and all other rules and regulations
concerning filling within the city.
C.Â
Should the Inspector find that any person engaged
in filling is failing to conform to the provisions of this chapter
or other rules, regulations or orders, he or she may require that
the person filling discontinue operations immediately and until such
time as the person engaged in filling thereof may conform to this
chapter, rules, regulations or orders. Should the operator, his or
her servants, agents or employees or any other person, bring upon
any such land materials which are prohibited by the terms and provisions
of this chapter, the Inspector shall refuse to permit such materials
to be unloaded. He or she shall, in the event that any portion or
all of such materials shall have been unloaded, cause the operator
or the person bringing such materials upon such land to reload the
same and remove them from the premises.
D.Â
The Inspector shall be the representative of the city
at any filling site within the city. He or she may require the ceasing
of filling operations and the discontinuing of the operations until
such time as there may be proper compliance with this chapter and
such other rules, regulations and orders as may be necessary in the
control, supervision and regulation of filling lands.
The owner, lessee or any other person having
possession and control over any filling operation, be it public or
private under, the terms of this chapter, shall be responsible for
the actions of his or her agents, servants or employees to the same
extent as though they were the acts of such principal, and such owner,
lessee or other person shall be subject to arrest for violation of
the provisions of this chapter by any of his or her agents, servants
or employees, and any penalty imposed under the terms of this chapter
may be imposed upon the principal and/or upon the agents, servants
or employees of either or both of them.
The depositing on any land of flammable and/or
combustible materials and the depositing of fly ash, foundry refuse
and other similar materials of such texture or material that they
will be capable of being airborne and the permitting of such depositing
shall be and is hereby declared to be a public nuisance.
The Council may, however, in any emergency to
be determined by it involving the abatement of a nuisance or in the
protection of the public health, welfare or safety, permit the dumping
of suitable materials even though prohibited by the terms of this
chapter, provided that, in each instance, application therefor shall
be made in writing to the Council. It shall determine the type of
materials to be dumped, the circumstances surrounding the issuance
of the permit, the justification therefor and the manner in which
such operations may be performed. Any permit issued pursuant to such
approval shall be in the nature of a special permit, separated and
apart from any other permit issued to the applicant and from any permit
for the operation of a dump or fill operation upon the same premises,
and shall specifically indicate the type of materials to be dumped,
the manner in which the same are to be dumped and shall contain such
other specifications and requirements as the Council may determine
to be necessary and desirable.
It is specifically determined by the Council
that it is the intent and purpose of this chapter to regulate filling
operations within the city limits on a basis whereby such operation
may be readily controlled, supervised and regulated in the protection
of the public health, welfare and safety.
A.Â
Any person or municipality violating the provisions
of this chapter shall be liable for any or all damages or expenses
sustained or incurred by the city by reason of any fire occurring
in any such public or private dumping ground or other place within
the city caused by any dumping referred to in this chapter, together
with any expenses which the city may incur in enforcing any of the
terms or provisions of this chapter.
