Town of Trenton, WI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Trenton 11-7-1989 as Title 10, Ch. 3 of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion control and stormwater management — See Ch. 200.
Fire prevention— See Ch. 212.
Sewers — See Ch. 325.
Subdivision of land — See Ch. 350.
Zoning — See Ch. 380.
A. 
Title. This chapter shall be known as the "Building Code of the Town of Trenton" and will be referred to in this chapter as "this code" or "this chapter."
B. 
Purpose. This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety and well-being of persons occupying or using such buildings and the general public.
C. 
Scope. New buildings hereafter erected in or any building hereafter moved within or into the Town shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the Town of Trenton and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Zoning Code.[1]
[1]
Editor's Note: See Ch. 380, Zoning.
A. 
Permit required.
(1) 
General permit requirement. No building of any kind shall be moved within or into the Town and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Town, or utility services installed or utility services repaired or replaced which involve the opening of the street, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his/her authorized agent, from the Building Inspector.
(2) 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(a) 
Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Repairs. Repairs for purposes of maintenance, or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs.
(c) 
When alterations are not permitted. When any existing building or structure which, for any reason whatsoever, does not conform to the regulations of this chapter has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.
(d) 
Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength, failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
(e) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
B. 
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his/her designee and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.
C. 
Site plan.[2]
(1) 
Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
(2) 
Administration. The Building Inspector shall make a preliminary review of the application and plans and refer them along with a report of his/her findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and plans to one or more expert consultants selected by the Town Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Town Board shall authorize the Building Inspector to issue or refuse a building permit.
(3) 
Requirements. In acting on any site plan, the Plan Commission shall consider the following:
(a) 
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(b) 
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; and the location, adequacy and improvement of areas for parking and for loading and unloading, and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(c) 
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(d) 
The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent of purposes of this section.
(4) 
Effect on municipal services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the Town has entered into an agreement with the applicant regarding the development of such facilities.[3]
[3]
Editor's Note: Original § 10-3-2(c)(5), Appeals, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See also Ch. 380, Zoning, § 380-116, Site plan review and architectural control.
D. 
Dedicated street and approved subdivision required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permit shall be issued until the subdivision and required improvements are accepted by the Town Board, upon the recommendation of the Plan Commission.
E. 
Utilities required. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and a certificate of occupancy shall not be issued until such utilities are available to service the property.
F. 
Plans. With such application there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to Town datum), grade of lot and of the street abutting the lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of the lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, seal and signature of surveyor or a certificate signed by the applicant, and a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Building Inspector. Plans for commercial buildings involving the State Building Code shall bear the stamp of approval of the State Department of Commerce. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of § Comm 20.09(4), Wis. Adm. Code.
G. 
Waiver of plans; minor repairs.
(1) 
Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he/she may waive the filing of plans for alterations, repairs or moving, provided that the cost of such work does not exceed $2,000.
(2) 
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed therein valued at less than $250, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.
H. 
Approval of plans.
(1) 
If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Town and all applicable laws and orders of the State of Wisconsin, he/she shall issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
(2) 
In case adequate plans are presented for part of the building only, the Building Inspector, at his/her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
I. 
Inspection of work.
(1) 
The builder shall notify the Building Inspector when ready for inspections, and the Building Inspector shall inspect within two business days after notification all buildings at the following states of construction:
(a) 
Footings and foundation; prior to pouring of the foundation, the builder shall supply an adequate site plan;
(b) 
General framing, rough electrical, plumbing and heating;
(c) 
Insulation;
(d) 
Completion of the structure;
(e) 
Installation of all utility meters; and
(f) 
As required by the Building Inspector.
(2) 
If he/she finds that the work conforms to the provisions of this chapter, he/she shall issue a certification of occupancy which shall contain the date and the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.
J. 
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within two years from the date of issuance thereof.
K. 
Revocation of permits.
(1) 
The Building Inspector may revoke any building, plumbing or electrical permit, certificate of occupancy, or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:
(a) 
Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refuses to conform after written warning has been issued to him.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
(d) 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(e) 
Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) 
Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.
(2) 
The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his/her agent, if any, and on the person having charge of construction.
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.
(4) 
After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he/she may require for the preservation of life and safety.
L. 
Report of violations. Town officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
M. 
Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.
A. 
State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. Comm 20 through 25 are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in this Town. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Town Clerk's office.
B. 
Existing buildings.
(1) 
The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions after 1980 where:
(a) 
An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.
(b) 
An existing structure is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the Town Assessor.
(2) 
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 172-2 shall also apply.
(3) 
Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.
(4) 
Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.
C. 
Definitions. Terms used in this section are defined as follows:
ADDITION
New construction performed on a dwelling which increases the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Department of Commerce.
(1) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or
(2) 
An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
ONE- OR TWO-FAMILY DWELLING
A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:
Ch. Comm 20, Administration and Enforcement
Ch. Comm 21, Construction Standards
Ch. Comm 22, Energy Conservation
Ch. Comm 23, Heating, Ventilating and Air Conditioning
Ch. Comm 24, Electrical Standards
Ch. Comm 25, Plumbing
D. 
Method of enforcement.
(1) 
Certified inspector to enforce. The Building Inspector and his/her delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under Ch. Comm 5, Wis. Adm. Code.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Town Board.
(3) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(4) 
Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in performance of his/her duties.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspector shall keep a record of all applications for building permits in a book for such purpose and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept.
A. 
Portions of State Building Code adopted. Chapters Comm 61 through 65, Wis. Adm. Code (Wisconsin Commercial Building Code), are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. Comm 61 to 65 incorporated herein are intended to be made a part of this code. A copy of said Chs. Comm 61 to 65 and amendments thereto shall be kept on file in the office of the Building Inspector.
B. 
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. Comm 25 and 81 to 87, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Town. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code incorporated herein are intended to be made part of this chapter.
C. 
State Electrical Code adopted.
(1) 
Chapter Comm 16, Wis. Adm. Code, is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one- and two-family dwellings and additions or modifications to existing one- and two-family dwellings.
(2) 
Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in Subsection C(1) above.
D. 
Conflicts. If, in the opinion of the Building Inspector and the Town Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Town shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
Except as otherwise provided in this section, only journeymen and masters may do electrical work in the Town. The following persons may do electrical work without being journeymen or masters:
A. 
Contractor electrical employees. Employees of a contractor may do electrical work, provided that during the first three years of such employment the electrical work is done under direct, daily, on-site supervision by a journeyman or master employed by the contractor.
B. 
Homeowner. A homeowner himself or herself may do electrical work on a single-family dwelling, if he or she owns and occupies it as his or her permanent residence, excluding duplex or multifamily residences, except that he/she may not repair or replace the electrical service subpanels in any building to such dwelling or generators or install electrical wiring to hot tubs, spas or swimming pools. A permit for any electrical work must be obtained, and the work must be inspected and approved in the same manner as required for a licensed electrician. In addition, if requested by the Inspector, a homeowner must demonstrate his or her ability to conform the work to all applicable rules and regulations by furnishing drawings or plans of the proposed work.
C. 
Plant certificate. An employee of a valid plant certified to perform electrical work at the plant may do electrical work on one- and two-family residences within the Town of Trenton.
D. 
State certificate. A person holding a valid electrical certificate from the State of Wisconsin.
A. 
All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the State Department of Commerce for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.
B. 
Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Commerce. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.
The purpose of the inspections under this chapter is to improve the quality of housing in the Town. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections under this chapter: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."
Whenever the Building Inspector and Town Board find any building or part thereof within the Town to be, in their judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, they shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary, or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
A. 
No building within the Town of Trenton shall be razed without a permit from the Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.
B. 
All debris must be hauled away at the end of each day for the work that was done on that day. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
A. 
Basement subflooring. First floor subflooring shall be completed within 60 days after the basement is excavated.
B. 
Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located in close proximity to a street right-of-way as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.
C. 
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three months shall be deemed abandoned and a nuisance, and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Town Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0703, Wis. Stats.
A. 
Permission to be obtained. No person, firm or corporation shall remove or attempt to remove topsoil from any land within the Town of Trenton before first obtaining permission to do so from the Town Board.
B. 
Drainage a consideration in granting permission. When application for such permission is made it shall be the duty of the applicant to prove to the Town Board that the removal of topsoil from the area involved will not cause a drainage problem or otherwise create a public nuisance. If topsoil is removed without first obtaining permission to do so, it shall be conclusively presumed that such removal constitutes the commission and maintenance of a public nuisance which may be enjoined by the Town, by the county or by the owner of real estate within the Town.
C. 
Exception. This section shall not be construed to apply to the incidental removal of topsoil in connection with the excavation of a basement for a building, if such excavation has been otherwise duly authorized.
A. 
Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.
B. 
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Town and to the protection of the property.
C. 
Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and, where the building is not serviced by a storm sewer, shall either discharge into an underground conduit leading to a drainage ditch, gutter, or dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
D. 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
E. 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Town to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
F. 
Conducting tests. If the Building Inspector or his/her designated agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code as it may, from time to time, be amended, he/she may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.
A. 
General requirements.
(1) 
No person shall move any building or structure upon any of the public ways of the Town without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
(2) 
A report shall be made by Town employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Town, shall be paid to the Town Clerk prior to issuance of the moving permit.
(3) 
Issuance of the moving permit shall further be conditioned on approval of the moving route by the Town Board.
B. 
Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night, until such movement is fully completed. All such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.
C. 
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place it in as good repair as it was before the permit was granted. On the failure of said permittee to do so within 10 days thereafter to the satisfaction of the Town Board, the Town shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his/her bond responsible for the payment of the same.
D. 
Conformance with code. No permit shall be issued to move a building within or into the Town and to establish it upon a location within said Town until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he/she shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the Town to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
E. 
Bond.
(1) 
Before a permit is issued to move any building over any public way in the Town, the party applying therefor shall give a bond to the Town of Trenton in a sum to be fixed by the Building Inspector and which shall not be less than $1,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Town Board or designated agent, conditioned upon, among other things, the indemnification to the Town for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment together with the costs and expenses incurred by the Town in connection therewith arising out of the removal of the building for which the permit is issued.
(2) 
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F. 
Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.
A. 
Smoke-detector devices required.
(1) 
The owner of every premises on which is located more than two dwelling units within the Town shall install smoke-detection devices so located as to protect:
(a) 
The sleeping areas of each dwelling unit;
(b) 
All public hallways on the premises; and
(c) 
All basement and storage areas.
(2) 
If sleeping areas are separated, the number of detection devices installed shall be that deemed sufficient by the Fire Inspector to protect each sleeping area.
B. 
Definitions. For the purposes of this section, the following words and phrases shall have the following meaning:
DWELLING UNIT
A group of rooms constituting all or part of a dwelling which are arranged, designed, used or intended for use exclusively as living quarters.
C. 
Exemption. This section shall not apply to owner-occupied single-family dwelling units, owner-occupied mobile homes or premises containing two or fewer dwelling units.
D. 
Installation and design standards.
(1) 
Installation of all devices shall be according to the manufacturer's specifications.
(2) 
All smoke- and heat-detection devices shall be installed in locations approved by the Fire Inspector as meeting the installation standards of the National Fire Protection Association NFPA Standards Pamphlet, No. 72E, 1974 Edition, and Pamphlet No. 74, 1975 Edition.
(3) 
All smoke- and heat-detection devices shall bear the Underwriters' Laboratories seal of approval or Factory Mutual approval. All smoke-detection devices shall meet the Underwriters' Laboratories Standard 217. At least one smoke- or heat-detection device shall be installed for every dwelling unit located so as to protect sleeping areas.
(4) 
In premises having multiple dwelling units, additional devices connected to the building alarm system, if any, shall be installed in every corridor serving one or more dwelling units and on every separate level of the building regardless of whether a sleeping area is located on such level. If a local fire alarm system is not provided or required, detection devices shall be connected to a signal outside of the enclosed area which shall be audible throughout the entire building.
(5) 
In premises having multiple dwelling units, in addition to smoke detectors in every living unit, all storage areas shall be protected with heat-sensing devices. These devices shall be connected to the building fire alarm system. If a local fire alarm system is not required, such device shall be connected to a signal outside of the enclosure which will be audible throughout the entire building. Heat-sensing devices shall be installed in place according to good engineering practice, but in no case shall detectors be spaced more than 30 feet on center and 15 feet from any wall.
(6) 
Heat-sensing devices shall be installed in all furnace, boiler and incinerator rooms in a premises having multiple dwelling units.
E. 
Owner responsible for installation of and maintenance. The owner of the premises having multiple dwelling units shall be responsible for the installation and/or maintenance of smoke- and heat-detection devices required by this section unless the Fire Chief is notified in writing by registered mail of the designation of some other authorized, qualified individual to assume that responsibility and approval of this designation is given in writing by said Fire Chief.
F. 
Time for installation. Detection devices required by this section shall be installed within six months of the effective date of this section, except that existing premises are not required to install devices which are interconnected to signals outside of the enclosure in which they are placed.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-7-2015 by Ord. No. 2015.07.02]
A. 
Required posting of address numbers. Each owner of a property for which a building permit has been issued shall be assigned an address number (also known as a "fire number") for the property. The address sign for the address number shall be supplied by the Town of Trenton at the time of issuance of a building permit. It shall be the property owner's duty to display and maintain said address sign after the issuance of an occupancy permit for the premises. Should an original Town-issued address sign be destroyed or lost, the property owner shall order and pay for a replacement address sign from the Town of Trenton within 30 days.
B. 
Requirements for display of numbers. The numbers described in Subsection A above shall be displayed so that they are clearly visible from the street or highway. The numbers shall be mounted on a post located on the right side of the driveway not more than 10 feet from the road right-of-way.
C. 
Failure to display numbers. It shall be unlawful for any person to remove such designated numbers once an occupancy permit has been granted.
D. 
Penalty. Any person who fails to display a Town of Trenton issued address sign in conformance with this section shall receive a written notice of the violation pursuant to § 174-22B(2). If the violation is not corrected within the prescribed time, the violator shall be subject to a forfeiture as provided in Chapter 1, § 1-5, of this Code. A property owner who provides proof of order for a replacement address sign through the Town of Trenton shall not be found in violation of this section.
No person, firm or corporation shall construct any building or part of building in the Town of Trenton either for his/her own account or for others unless he/she provides a lugger-type receptacle on the premises where construction occurs for the containment of scraps of lumber, concrete block, and other debris incidental to construction, and all such debris shall be placed in such container by him/her.
A. 
One-story single-family residential house. Each one-story single-family residential house shall contain at least 1,300 square feet of heated living area if said house has a full basement. If said house does not have a full basement, it shall have at least 1,600 square feet of heated living area.
B. 
One-and-one-half-story single-family residential house. Each one-and-one-half-story single-family residential house shall contain at least 1,300 square feet of heated living area in addition to a full basement and shall have at least 950 square feet of said heated living area on the first floor.
A. 
Requirement. No person shall construct any driveway in the public right-of-way without installing a culvert. Included within the scope of this requirement are driveways providing field access to agricultural lands and residential and commercial driveways. The culverts shall be placed in the ditch line at elevations that will assure proper drainage. Culverts shall be installed wherever a roadway intercepts a natural waterway and flow in such a manner that no correction or runoff of water will be allowed. The property owner shall install the culvert and be responsible for the cost thereof. All culverts shall be constructed of galvanized steel and be a minimum of 15 inches in diameter and 24 feet in length, to be sized by the Building Inspector. End guards are required for all residential culverts. If a property owner refuses, the Town may install the culverts and charge back the cost thereof as a special charge pursuant to § 66.0627, Wis. Stats.
B. 
Driveway/culvert permit required. Specifications and requirements for the proper installation of driveways and culverts in the public right-of-way of any street, road or highway shall be provided upon application for a driveway/culvert permit. Before installing a driveway/culvert, a permit must first be obtained from the Building Inspector. The request for such permit shall be on the Town of Trenton's application forms, signed by the owner of the real estate affected or his/her agent, and shall include design specifications and a drawing depicting the location and orientation of the proposed culvert in relationship to the real estate involved and the adjacent road, street or highway.
C. 
Appeals. Persons may appeal the determination of the Building Inspector to the Town Board by filing a written appeal request with the Town Clerk within five days of the Building Inspector's decision. The Town Board may only waive the requirement for a culvert upon a finding that unique characteristics of the location in question render a culvert unnecessary.
A. 
Installation requirements. All driveways installed, altered, changed, replaced, or extended shall meet the following requirements and must be approved as to location by the Town:
(1) 
Openings. Openings for vehicular ingress and egress shall be constructed under the following standards:
(a) 
For residential properties, a minimum of 10 feet at the lot line and a maximum of 25 feet at the roadway.
(b) 
For agricultural properties, a minimum of 18 feet at the lot line and a maximum of 35 feet at the roadway.
(c) 
For commercial properties, a minimum of 35 feet at the lot line and a maximum of 50 feet at the roadway.
(2) 
Proximity to intersection. No driveway shall be closer than 75 feet to an intersection of two streets. At street intersections, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Town for effective traffic control or for highway signs or signals.
(3) 
Setbacks. Driveways must be located at least three feet from all lot lines and extensions thereof.
(4) 
Islands. Islands between driveway openings shall be provided with a minimum of six feet between all driveway culverts.
(5) 
Driveway aprons. No driveway apron shall extend out into the street farther than the near edge of the Town road pavement, and under no circumstances shall such driveway apron extend above any road pavement surface. All driveway entrances and approaches shall be so constructed as not to interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way.
(6) 
Utilities. Driveways shall in all cases be placed wherever possible as to not interfere with utilities in place. Any costs of relocating utilities shall be the responsibility of the property owner. Approval of the Town is necessary for relocating utilities.
(7) 
Pavement materials. Driveway pavement materials within the Town right of-way shall be compatible with adjacent Town pavement material, limiting it to crushed gravel, crushed rock and bituminous products. Concrete pavement shall end a minimum of 10 feet from the Town road pavement. Oil and petroleum products shall not be used in the right-of-way areas where it can be tracked onto and affect the Town highway. The bottom course of the driveway may be constructed of large-size crushed stones or rock, except along that part adjacent to the culvert pipe and the upper course, at least, shall consist of medium well-graded crushed gravel or fine to medium well-graded crushed rock. In no case shall the granular material or subsequent permanent surfacing be constructed higher than the adjacent highway pavement. The construction of the driveway shall be of acceptable material and provided in a neat, workmanlike manner. Driveway surfaces shall connect with the roadway pavement in a neat, workmanlike manner.
(8) 
Number of driveway openings. The maximum number of driveway openings for vehicular ingress and egress permitted for lots shall be one. Agricultural parcels upon which actual agricultural activities are practiced may average one driveway per field.
(9) 
Brush clearance. All brush, trees, shrubs, and vegetation of any kind shall be cleared and cut back a minimum of six feet from each side of the center line of the driveway and a minimum of 12 feet above the driveway and for the entire length of the driveway, including the access point with the Town roadway.
B. 
Regulation of the construction of a driveway serving more than one parcel of land. No person, firm, partnership, company, or corporation shall construct or permit to be constructed within the Town any driveway arranged or planned to serve more than one parcel of land used for residential purposes, unless approval shall first be obtained from the Town, following approval of the plans providing such information as location, width, and general plans for such driveway by the Town Board. Consideration by the Town shall include, but shall not be limited to, the road access requirements of § 350-21 of this Code and any amendment thereto. A shared driveway shall serve a maximum of two parcels.
C. 
Structures and construction in Town right-in-way regulated. Any installation or construction of any driveway, landscaping, or structure of any kind, as defined within the Town Zoning Code,[1] and including temporary structures, shall be regulated as follows:
(1) 
Permit required. No person, persons, partnership, company, or corporation shall erect or install any driveway, landscaping, structure, sign, fence, wall, pavement or other vehicular access, nor perform or arrange for any construction within or upon the Town highway right-of-way, without first obtaining a written permit from the Town, with the exception of a mailbox and boxes installed for the delivery of newspapers.
(2) 
Mailboxes. Mailboxes shall be installed in accordance with the United States Postal Service Regulations, but as far from the Town highway pavement as those regulations allow. Mailbox supports and attachments shall be strong enough to withstand the pressure and thrusts of plowed, wet snow but shall not be so formidable and massive as to damage vehicles and cause serious injury to people who may accidentally strike them.
(3) 
Address numbers. Address numbers, also known as fire numbers, shall be installed pursuant to § 174-15, and any amendments or changes thereto, of this chapter.
(4) 
Existing structures and obstructions. Any existing landscaping, structure, sign, fence, wall, pavement or other obstruction, including trees and vegetation, which, in the judgment of the Town, will prevent proper snow removal from the pavement and shoulders or mowing of the ditches of the Town highway shall be removed by the owner or occupant of the adjacent property within 15 days of receiving written notice therefor from the Town. If the owner or occupant does not remove said structure or obstruction within the allotted time, the Town shall remove or make arrangements to have the obstruction removed and the expense of removal shall be charged to the adjacent property as a special assessment, after notice and hearing.
[1]
Editor's Note: See Ch. 380, Zoning.
D. 
Violations. Any person, persons, partnerships, company, or corporation who or which violates any provision in this section shall pay, when a permit fee is required, double the specified fee and shall remove, alter or correct the installation as ordered by the Town. If the owner or occupant does not correct the installation as ordered by the Town within the allotted time, correcting the installation shall be done by the Town and the expense thereof shall be charged to the property as a special assessment after notice and hearing.
E. 
Permittee liable for damage or injury. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances and during any installation or construction of any landscaping or structure of any kind within the highway right-of-way.
[Amended 8-15-2006[1]]
Fees shall be as set forth in the schedule of deposits, bonds and fees. The current schedule is on file at the Town Clerk's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
If any section, clause, provision or portion of this chapter, or of the Wisconsin Administrative Code adopted by reference, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.
A. 
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Town Board and Town Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in Chapter 1, § 1-5 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Town officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
B. 
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § Comm 20.10(1)(c), Wis. Adm. Code.
(1) 
If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.
(2) 
Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(3) 
If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
C. 
Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Board of Adjustment. Those procedures customarily used to effectuate an appeal to the Board of Adjustment shall apply.
D. 
Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Town of Trenton charged with the enforcement of this chapter shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the discharge of his/her duties under this chapter shall be defended by the legal representative of the Town until the final determination of the proceedings therein.