Number
031243
Version
ORIGINAL
Reference
Sponsor
ALD. RICHARDS
Title
An ordinance relating to the filling of land.
Sections
200-33-15.5 rc
289-1-4 rn
289-1-4 cr
289-1-5 am
289-3-1 am
289-3-3 am
289-3-4 rc
289-3-5 am
289-5-1 am
289-5-2 am
289-5-6 rn
289-5-6 cr
Analysis
This ordinance makes the following changes to the current regulations governing the filling of land:
1. It creates a permit fee surcharge of $10 per 250 cubic yards of fill, or fraction thereof, over 750 cubic yards of fill for projects involving more than 750 cubic yards of fill.
2. It creates a $100 fee for filling permit plan review if the area to be filled is less than or equal to one acre or $300 if the area to be filled is greater than one acre.
3. It creates a definition for "grading".
4. At present, projects involving 25 cubic yards or less of fill are not required to acquire a permit. This ordinance increases the exemption threshold to 100 cubic yards.
5. It clarifies that a fill permit is required whether the fill is brought to the site or simply re-located from an excavation or other work on the same site.
6. It transfers authority for the re-issuance and revocation of fill permits from the department of city development to the department of neighborhood services.
7. It creates more detailed specifications for the plans required of large fill projects.
8. It increases the value of the surety bond required for large fill projects from the current $10,000 to the actual cost of the project.
9. It prohibits fill operations from violating state groundwater, surface water and air quality standards.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-33-15.5 of the code is repealed and recreated to read:
200-33. Fees.
15.5. FILLING PERMIT AND FILLING PERMIT PLAN REVIEW. a. The fee for a filling permit shall be:
a-1. $50 if the filling involves up to 500 cubic yards of fill and the area to be filled does not exceed one-half acre in area.
a-2. $250 if the filling involves more than 500 cubic yards or the area to be filled exceeds one-half acre in area.
a-3. $10 for each additional 250 cubic yards of fill, or fraction thereof, after the first 750 cubic yards.
b. The fee for filling permit plan review shall be:
b-1. $100 if the filling involves an area equal to or less than one acre.
b-2. $300 if the filling involves an area greater than one acre.
Part 2. Section 289-1-4 of the code is renumbered 289-1-5.
Part 3. Section 289-1-4 of the code is created to read:
289-1. Definitions. In this chapter:
4. GRADING means the act of moving earth or solid fill materials to change the topography of any land or part thereof.
Part 4. Section 289-1-5 of the code is amended to read:
5. SOLID FILL means earth, clay, soil, ground, stones and rocks, as well as broken concrete not exceeding [[15]] >>12<< inches in diameter, or any mixture or combination thereof.
Part 5. Section 289-3-1 of the code is amended to read:
289-3. Filling and Grading Permits. 1. PERMIT REQUIRED. No person may fill >>or grade<< any lot, tract or parcel of land without first obtaining a [[filling]] permit from the commissioner of city development. However, no [[filling]] permit shall be required whenever excavation>>,<< [[or]] filling >>or grading<< is performed in conjunction with a [[building]] construction [[, alteration or addition]] project for which the department has issued a [[building]] permit, the proposed final grade [[of such excavation and filling]] is included in the plans approved by the department and the total amount of [[fill]] material >> other than that deposited in or taken from the building footprint<< does not exceed 500 cubic yards. Further, no [[filling]] permit shall be required when the total amount of [[fill]] material does not exceed [[25]] >>100<< cubic yards. >>A permit shall be required whether fill is brought to the site or is moved and deposited within the boundaries of the site.<<
Part 6. Section 289-3-3 of the code is amended to read:
3. PERMIT VALIDITY; REVOCATION. A filling permit shall be valid for a period of 6 months. Permits may be renewed for additional 6-month periods upon reapplication [[and at the discretion of]] >>to<< the commissioner of city development. >>Reapplications shall be referred to the commissioner of neighborhood services for approval.<< A permit may be revoked by the commissioner of [[city development]] >>neighborhood services<< upon service of written notice to the permit holder whenever the permit holder is depositing, or permitting or causing to be deposited, any materials on the premises other than solid fill or has failed to or refused to comply with any of the regulations of this chapter.
Part 7. Section 289-3-4 of the code is repealed and recreated to read:
4. PLAN REQUIRED FOR LARGE PROJECTS. For a project involving land area greater than one-half acre in size or the excavation, filling or grading of more than 500 cubic yards of earth or fill material other than that deposited in or taken from the building footprint, an applicant shall submit a plan prepared at a recognized engineering or architectural scale. This plan shall be consistent with the city of Milwaukee's comprehensive plan and shall include the following information:
a. The existing and proposed topography of the site at a contour interval of 2 feet. All topographic information shall be prepared to city datum by a registered professional engineer or land surveyor.
b. The existing and proposed grades of the lot at each corner of the lot, at each corner of any existing or proposed buildings and at the center of the street pavement at the lot lines extended.
c. The existing and proposed grades of all driveways and parking lots.
d. Drainage patterns, or special drainage devices proposed, as well as spot elevations at the top and bottom of all drainage swales, if applicable.
e. Spot elevations of all significant cut and fill areas.
f. Locations of existing or proposed buildings.
g. Locations of any recorded easements as well as above- or below-ground utilities.
h. The date of the plan, the north arrow and graphic scale.
i. A schedule for the project indicating the duration of the project, phasing and the proposed handling of interim conditions including, but not limited to, stockpiling of materials and equipment storage.
j. The proposed use of the site after the completion of the project.
k. Any other information as may be reasonably requested by the city.
Part 8. Section 289-3-5 of the code is amended to read:
5. SURETY BOND. Applicants for projects requiring the filing of a [[topographic and contour map]] >>plan<< pursuant to par. 4 shall file with the [[city clerk]] >>commissioner of neighborhood services<< a bond of a surety company duly incorporated in the state of Wisconsin or duly licensed to do business in this state [[, in the sum of $10,000]] >>in an amount equal to the cost of the excavation, filling or grading project, but in no case less than $10,000<<, such bond to be approved by the city attorney. Individual sureties shall not be deemed in compliance with this section. The bond shall provide that they shall not be cancelled until after 30 days' notice in writing to the [[city clerk]] >>commissioner of neighborhood services<<. In lieu of the bond, a public service corporation, or a cooperative association organized under ch. 185, Wis. Stats., to render or furnish telephone, gas, light, heat or power may file with the [[city clerk]] >>commissioner of neighborhood services<< proof of financial responsibility containing the conditions required in the public liability policy. Acceptance of this proof shall be subject to approval by the city attorney.
Part 9. Section 289-5-1 and 2 of the code is amended to read:
289-5. Filling Regulations. 1. GENERAL REQUIREMENTS. Every person who fills >> or grades<< any lot, tract or parcel of land shall do so [[as evenly as possible and, at the end of such filling, shall level and grade the fill materials]] >>in such a manner so as to minimize adverse effects to nearby properties. At the completion of the project, all final grades shall be level and match existing, adjacent topographies<<. The top of the filled area shall be free from concrete and relatively free from gravel, and the topmost 4 inches of the fill material shall be soil suitable for growing grass. The surface of the filled area shall be kept free of dust and rodents at all times during the filling operation and thereafter.
2. EROSION CONTROL. All filling activity shall be performed in compliance with ch. 290. >>No filling activity shall be permitted unless an erosion control permit has been issued for the fill site.<< All materials delivered to the fill site shall be deposited in such manner as to prevent erosion into any waterways or onto any adjoining properties. No natural drainage ways or swales shall be blocked as a result of filling. Fill materials shall be placed in such manner that they do not create water >>or wind<< nuisances or insect breeding ponds.
Part 10. Section 289-5-6 of the code is renumbered 289-5-7.
Part 11. Section 289-5-6 of the code is created to read:
6. ENVIRONMENTAL CONTAMINATION PROHIBITED. No fill material shall be placed in such a manner as to cause a violation of any of the following environmental standards:
a. Groundwater quality as contained in ch. NR 140, Wis. Adm. Code, as amended.
b. Surface water quality as contained in chs. NR 102 to 106, Wis. Adm. Code, as amended.
c. Air quality as contained in chs. NR 400 to 499, Wis. Adm. Code, as amended.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
Requestor
Department of Neighborhood Services
Drafter
LRB03227-1
jro
12/17/03