[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.]
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]
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]
(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]
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]
(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.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. Terms used in this section are defined
as follows:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Commerce.
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.
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.
An individual, partnership, firm or corporation.
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.
B.
DWELLING UNIT
Definitions. For the purposes of this section, the
following words and phrases shall have the following meaning:
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, bituminous
products and/or asphalt ("blacktop"). Concrete pavement shall end
a minimum of 10 feet from the Town road pavement. In the event a concrete
driveway has been installed within 10 feet of the Town road pavement,
the property owner shall be responsible for any costs incurred by
the Town for violating this subsection, including, but not limited
to, triple permit fees, damage to plow trucks and increased costs
associated with paving and maintaining the right-of-way. Any such
costs shall be added to the property owner's property tax bill as
a special charge. In addition, the property owner shall have an indemnification,
release and hold harmless agreement on file with the Town Clerk. Such
agreement shall indemnify the Town and its designees from any damage
or damage to function of such a driveway caused by the repaving or
maintenance of the road right-of-way (for e.g., the repaving may cause
the driveway to connect to the Town pavement at a substantially lower
elevation). Such agreement, which may be recorded in the sole discretion
of the Town, shall run with the land and bind future owners. 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.
[Amended 8-4-2020 by Ord. No. 2020.08.01]
(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.
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.
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.
[Added 7-5-2022 by Ord. No. 2022.07.01]
A.
Purpose.
This section shall allow the Town of Trenton the ability to control
the types of geothermal heating and cooling systems installed in the
Town of Trenton.
B.
CLOSED HORIZONTAL LOOP SYSTEM
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM
GEOTHERMAL BOREHOLE
GEOTHERMAL SYSTEM
HEAT EXCHANGER
HEAT TRANSFER FLUID
OPEN LOOP GEOTHERMAL SYSTEM
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Piping is installed in a horizontal loop no deeper than 20
feet and runs through a heat exchange system in the building. The
pipes form a closed loop and are filled with heat transfer fluid.
The fluid is circulated through the piping from the opening into the
heat exchanger and back. The system functions in the same manner as
the open loop system except there is no pumping of groundwater.
A borehole extends beneath the surface. The pipes are connected
to the heat exchanger and heat transfer fluid is circulated through
the pipes.
A hole drilled or bored into the earth into which piping
is inserted for use in a geothermal system.
A geothermal system uses the earth's thermal properties in
conjunction with electricity to provide greater efficiency in the
heating and cooling of buildings.
A device, usually made of coils of pipe, which transfers
heat from one medium to another; for example from water to air or
water to water.
Any liquid used specifically for the purpose of transferring
thermal energy from the heat source to another location.
Groundwater is pumped from a well or pond into a heat exchanger
located in a surface building. The water drawn from the earth is then
pumped back into the aquifer through a different well or in some cases
the same well. Alternatively, the groundwater could be discharged
to a surface water body. In the heating mode, cooler water is returned
to the earth, while in the cooling mode warmer water is returned to
the surface water body.
C.
Permit
required; fees.
(1)
No
person shall dig, bore, drill, replace, modify, repair or destroy
a geothermal well or any other excavation without first applying for
and receiving a permit from the Town of Trenton Building Inspector.
(2)
The
fees are set forth in the Town of Trenton HVAC building permit application.
The permit fee must be submitted at the time of application.
(3)
The
Town of Trenton may suspend or revoke any permit issued pursuant to
this section whenever it finds that the permit holder has violated
any of the provisions if this section or has misrepresented any material
fact in his/her/their application or any supporting documents for
such permit.
D.
Open loop
geothermal systems prohibited.
(1)
Open
loop geothermal systems are prohibited in the Town of Trenton.
E.
Closed
loop geothermal systems.
(1)
Closed
horizontal loop geothermal systems are permitted subject to obtaining
a permit and meeting all of the building and zoning regulations, including
setbacks.
(2)
Closed
vertical loop geothermal systems are permitted subject to obtaining
a permit and meeting all of the building and zoning regulations, including
setbacks.
