[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 12.20 and 12.25 of the 1981 Code. Amendments noted where applicable.]
No person, firm or institution, public or private, shall transfer, dump or place solid fill within the City of St. Francis without first obtaining a permit therefor.
Application for a filling permit to transfer, dump or place solid fill within the City of St. Francis shall be made by the owner of the lands to be filled or his designated agent in writing to the City Clerk upon an application made available by the City. 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:
Location of filling operation.
Proposed routes for hauling fill.
Number, type and size of trucks to be used.
Proposed trucking schedule, number of days, time of day, etc.
Other equipment involved in fill operation.
Descriptions and source of fill material.
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; an estimated length of time to finish plan; engineering studies if available or if requested by the City; plan for plantings; plan for grading; the grade of the terrain surrounding the area proposed to be filled; cross-section drawings showing the topography of the land before commencing the filling operation and upon completion of the filling operation; plan for maintenance and appearance during time of inactivity; plan for shore protection; and other such requirements, tests, and surveys that may be imposed and information that may be requested by the City concerning the fill area and access routes thereto. Any and all changes or amendments to the above plans shall be submitted to the City for review and approval before such changes or amendments are executed.
Daily cleaning and 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.
Every calendar year a nonrefundable initial fee as provided by the current fee schedule on file with the City Clerk shall accompany the application for filling permit. A nonrefundable fee as provided by the current fee schedule per truck or vehicle hauling fill materials to the fill area shall be paid. The applicant shall also pay all out-of-pocket expenses incurred by the City for its review and issuance of the filling permit or renewal 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 City Engineer will be classified as acceptable fill subject to other permit requirements.
The City Engineer shall review the proposed truck routes and the weight of said trucks, both unloaded and loaded, and because of weight may restrict or prohibit said trucks from using certain streets and highways as a condition of a filling permit.
The City Clerk shall notify all property owners within 400 feet of the property receiving fill of the fact of application before a permit is issued.
The City Engineer may issue a filling permit to each applicant when he is satisfied that the fill material meets the requirements in this chapter 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 but may be renewed not more than two times in a calendar year. The hauling permit shall be for a period not to exceed three consecutive months but may be renewed not more than two times in a calendar year. Renewal permits shall be subject to the conditions of the initial application and payment of the fee as provided by the current fee schedule on file with the City Clerk. Filling and hauling permits are nontransferable.
The filling permit shall not be effective until the posting of a cash deposit of $500 with the City. Such cash deposit shall be held by the City to insure adequate cleanup of streets and surrounding areas from spillage, debris, dust and all other material from the trucks carrying the fill and inspection of filling operations by City personnel. In the event that the permittee or his contractor fails to clean up the streets at sufficient time intervals, the City may clean up said streets and use such part of the cash deposit for the expense of cleanup. The City shall maintain a record of inspections conducted by City 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 cash deposit of $500 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 $500 for the entire time period of the filling permit.
The filling permit shall not be effective until the posting of a surety bond executed by a surety company licensed to do business in Wisconsin in the sum of not less than $5,000 or in such higher amount as is necessary in the opinion of the City Engineer for the purpose of securing the City against any and all damages to City property and/or unreimbursed expenses the City may incur from such filling operations.
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 City. This section shall in no way limit the requirements of those other jurisdictions to restrict or require their approval or permit, if necessary.
The filling operation shall not block a natural drainage course.
This chapter shall not apply to customary top dressing or fertilizing of lawns and gardens, nor shall it apply to construction of block or concrete patios, driveways or platforms permitted under City ordinances. Filling involved in an operation requiring a building permit or a wrecking permit is exempt from this chapter. This chapter shall not apply to the construction of a berm of 3 1/2 feet or less.
Any person, firm or institution who or which is denied a filling permit or whose filling operation is restricted due to noise, traffic or other conditions may appeal to the Common Council by filing a written notice of appeal with the City Clerk.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.