NOTICE: THE FOLLOWING ORDINANCES HAVE BEEN PASSED BY THE TOWN OF RIVER FALLS IN 2007. HOWEVER, CERTAIN ORDINANCES MAY STILL REQUIRE PIERCE COUNTY APPROVAL.
ORDINANCE NO. 2007-01
(Revised) Right to Farm Ordinance
TOWN OF RIVER FALLS
An Ordinance to create Section 17.055 of the Municipal Code of the Town of River Falls.
WHEREAS, the Plan Commission has made review and recommendation to the Town Board that the within changes be made to Section 17.055 of the General Code; and
WHEREAS, the Town Board has been granted Village powers and zoning authority; and
WHEREAS, the Plan Commission meetings whereat recommendation for adopt of this recommendation were formulated, were properly noticed, as was the meeting whereat this Ordinance was proposed for adoption to the Town Board;
NOW THEREFORE, the Town Board of the Town River Falls DO HEREBY ORDAIN as follows:
Section 1. Section 17.055 is hereby created to read as follows:
RIGHT TO FARM. Section 17.055(1) Purpose and Authority. It is the declared policy of the Town of River Falls to conserve and protect agricultural land and to encourage agricultural use within the Township. Where non-agricultural land uses, including but not limited to residential development, extend into or adjoin areas of agricultural land, agricultural users have become the subject of nuisance complaints. As a result, agricultural uses could sometimes be forced to curtail or cease operations, and users therefore discouraged from making investments in farm improvements to the detriment of the economic viability of the Town’s agricultural industry as a whole. It is the purpose and intent of this Section to reduce the loss to the Township of its agricultural resources by limiting circumstances under which agricultural uses may be considered a nuisance. This Section is not to be construed as in any way modifying or abridging State law relative to nuisances, but is to be utilized in the interpretation and enforcement of the provisions of this Code and other applicable Town regulations. The Statutory Authority of the Town to enact these regulations was established by Sec. 823.08, Stats., Actions Against Agricultural Uses. The Legislature believes that local units of government, through the exercise of their zoning power, can best prevent such conflicts from arising in the future and the legislature urges local units of government to use their zoning power accordingly.
Section 17.055(2) Definitions.
(a) “Agricultural Land” means those lands of the Town which are zoned as A-1 (Exclusive Agriculture) or A-2 (Agriculture Residential).
(b) “Agricultural use” means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payment in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; participating in the milk production termination program under 7 USC 1446(d); and vegetable raising.
(c) “Owner” means a resident of this state owning land and includes an individual, legal guardian, corporation incorporated in this state, business trust, estate, trust, limited liability company, partnership or association or 2 or more persons having a joint or common interest in the land. However, where land is subject to a land contract, it means the vendor in agreement with the vendee.
(d) “Use consistent with agricultural use” means any activity that meets all of the following conditions:
(1) The activity will not convert land that has been devoted primarily to agricultural use.
(2) The activity will not limit the surrounding land’s potential for agricultural use.
(3) The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement.
(4) The activity will not conflict with agricultural operations on other properties.
(e) “Agricultural practice” means any activity associated with an agricultural use.
Section 17.055(3) Nuisance.
(a) An Agricultural use or an agricultural practice may not be found to be a nuisance if all of the following apply:
(1) The agricultural use or agricultural practice alleged to be a nuisance is conducted on, or on a public right-of-way adjacent to, land that was in agricultural uses without substantial interruption before the plaintiff began the use of property that the plaintiff alleges was interfered with by the agricultural use or agricultural practice.
(2) The agricultural use or agricultural practice does not present a substantial threat to public health or safety.
(b) The provisions of this subsection apply without regard to whether a change in agricultural use or agricultural practice is alleged to have contributed to the nuisance.
Section 17.055(4) Role of the Zoning Administrator
(a) Anyone may submit a written request to the Zoning Administrator to determine whether a particular agricultural use constitutes a nuisance. In the event a dispute arises between the farm owner (or operator) and a resident, (or residents) in or about the locality thereof, as to whether a particular agricultural use constitutes a nuisance, an interested party(s) may submit a written request for issuance of an advisory opinion or to mediate a dispute. The request shall be made to the Zoning Administrator in writing. Upon receiving the request, the Zoning Administrator shall provide a copy of the complaint to the subject of the complaint. The subject of the complaint shall have 20 days to answer, in writing, a response to the allegation to the Zoning Administrator. After review of the complainant’s comments and the responsive answer, the Zoning Administrator may call upon professional or educational agriculture personnel as technical advisor(s) to evaluate the dispute. The Zoning Administrator’s written opinion on the agricultural practice shall be forwarded to the farm owner (or operator), the complainant, the Plan Commission, the Town Board and any other individuals deemed appropriate by the Zoning Administrator, within 60 days of the date of the original written request.
(b) Any person aggrieved by any decision of the Zoning Administrator regarding agricultural practices may appeal the decision to the Plan Commission within 30 days of receipt of the Zoning Administrator’s final determination.
(1) The decision of the Plan Commission shall be considered a final administrative agency decision.
(2) If the Zoning Administrator’s decision is not appealed with 30 days the Zoning Administrator’s decision shall be binding.
All costs associated with such opinions shall be borne by the party submitting the request and any cost for appeal.
Section 2. This Ordinance shall take effect upon passage and approval by the Pierce County Board of Supervisors.
Passed and adopted this 17th day of April 2006 and 5th day of February, 2007.
ORDINANCE NO. 2007-2A
TOWN OF RIVER FALLS
An Ordinance to amend Section 17.065(3)(b) of the General Code of Ordinances of the Town of River Falls.
WHEREAS, Section 17.065 (3) (b) makes reference to cropland classed 1,2 or 3 by the Soil Conservation Service, a division of the U.S. Department of Agriculture, and said maps are incorporated by reference in the Code and utilized to determine the capability and suitability of soils for use as agricultural land and, consequently those Sections prohibit the erection of non-farm buildings on said Class 1, 2 and 3 soils; and
WHEREAS, the United States Natural Resources Conservation Service (NRCS) has modified its soil surveys and has declared the Web Soil Survey the official source of soil classification in the Town and has created new classifications of soils which include “Prime Farmland” (LCC 1 & 2). “Important Farmland (LLC 3), “Non-Prime Farmland (LLC4).
WHEREAS, the Town Board obtained recommendation as to this ordinance from its Plan Commission upon due notice, to-wit, publication of a Class 2 notice, of the meeting whereat same was considered by the Plan Commission, and Class 2 notice was given by the Town Board of the meeting whereat this matter was heard and considered by the Town Board;
NOW THEREFORE, the Town Board of the Town of River Falls does hereby ordain as follows:
Section 1. Section 17.065 (3)(b) is amended to read as follows:
“BUILDING RESTRICTIONS ON SOILS CLASSIFIED AS PRIME FARMLAND OR IMPORTANT FARMLAND.
(1) Natural Resources Conservation Service (NRCS) Web Soil Survey adopted. The NRCS Soil Survey and definitions, and all amendments thereto, is adopted and incorporated by reference and shall apply to the placement, location and erection (i.e., the “siting”) of all non-farm buildings.
(2) All non-farm buildings shall be sited on or touching "Not Prime Farmland" as identified and located in the latest NRCS Soil Survey of the Town. “Farmland” includes all soils in the Agricultural Residential (A-2) District regardless of current use.
(3) If an attached deck or garage is used to achieve the requirements of (2) above, the footings for the deck or garage must be installed at the same time as the foundation main structure.
(4) If an attached deck or garage is used to achieve the requirements of (2) above, the dimensions of this attachment cannot exceed the main floor of the dwelling in length or width.
(5) In the event of a fire, storm or other non self-imposed casualty causing destruction or substantial damage to any single family dwelling house and/or garage existing in the Town prior to April 16, 2007, which damage or destruction is sufficient to render such dwelling house and/or garage uninhabitable, the owner or occupant of such dwelling house and/or garage shall be allowed to rebuild a dwelling house and/or garage, as the case may be, within 100 feet of the previous dwelling on said farm regardless of soil classification. The uninhabitable house and/or garage must be removed prior to reconstruction of the new dwelling house or garage.
(6) If an owner desires to replace an existing non-farm building located on soils classified as Prime Farmland or Important Farmland, the existing structure can be removed only after written approval by the Town Zoning Administrator. Where permission is granted by the Zoning Administrator to remove an existing structure, the existing structure must be removed prior to its replacement. When the non-farm building to be replaced is a dwelling, the Board may grant the owner or applicant a period not exceeding one hundred eighty (180) days to remove the existing structure following issuance of an occupancy permit for the new residence. The Board shall establish the date by which the removal must be completed in such instance. The new dwelling shall be within 100 feet of the old dwelling and meet current setbacks.
(7) If the owner or applicant can prove that a residence existed on Prime Farmland and/or Important Farmland prior to the establishment of this ordinance (such proof can be official records or remains of an existing residence) a non-farm building may be permitted by the Town Board on Prime Farmland and/or Important Farmland within 100 feet of the old structure. Such proof shall be presented to the Plan Commission for their recommendation to the Town Board. The overall permitted density of lots per quarter section as set forth elsewhere in this Chapter is otherwise unaffected.
(8) Where an owner or applicant has obtained written dwelling site approval, subsequent changes in soil classification shall not result in cancellation or revocation of such site approval. Where written site approval is granted by the Town the approved site shall be considered one “lot” for purpose of establishing maximum density under this Chapter.
(9) No site approval will be given under this subsection where the parcel upon which the proposed single family residence and/or garage is located if the parcel is under 15 acres in area, unless the parcel has a legal description established by Certified Survey Map or is a separate, pre-existing legal description with separate tax parcel number.
(10) Any appeal of a decision made by the Zoning Administrator under this subsection 17.065(3)(b) shall be heard and considered by the Board of Appeals. Notwithstanding the proceeding sentence, where the issue appealed is a site specific soil type with respect to a proposed building site, and the application has been denied based upon a determination by the Zoning Administrator that the site soils are class 1, 2 or 3 soils, the applicant may furnish the Zoning Administrator with a soils analysis or soils survey of the site prepared by a licensed and certified Soils Scientist. Thereafter the Zoning Administrator shall have a period of 28 days to review and respond to the applicant. Failure to timely respond shall constitute acquiescence to the soil type as proposed in the applicant’s soil analysis/survey. The Zoning Administrator shall either grant the applicant a permit based upon the analysis/survey furnished by the applicant or the Zoning Administrator, upon advice of the Plan Commission, shall notify the applicant that the Town has or will retain it’s own Soils Scientist to analyze/survey the site soils. The analysis/survey shall be obtained by the Town not later than 45 days following issuance of written notice to applicant that the Town is going to obtain such analysis/survey. In the event the analysis/survey obtained by the town is inconsistent with the analysis/survey presented by the applicant’s Soil Scientist, then the Town shall present the results of the two analysis/surveys to NRCS with a request that NRCS review the analyses/surveys and make appropriate changes, if any, to the soil maps. In the event the NRCS declines to modify the site map in a manner consistent with the analysis/survey presented by applicant’s Soils Scientist within 60 days of presentation of the report to NRCS, applicant may appeal the issue to the Board of Appeals. On appeal the Board of Appeals shall presume the NRCS soil survey maps are accurate; however, the Board of Appeals shall accept for review the soil analyses/surveys obtained by the applicant and the Town, and in the reasonable exercise of its discretion may modify the site specific soil(s) designation based upon the analyses/surveys presented it. Applicants shall have the burden of proof to show the soil type is not 1, 2, or 3 in a net project area of not less than 2.0 acres.
Section 2. Section 17.01 (3) is hereby amended to add the following definition:
“Net Project Area: Developable land area minus flood plains, road rights- of-way and wetlands.”
Section 3.
This ordinance shall take effect upon passage by the Town Board of the Town of River Falls and approval by the Pierce County Board of Supervisors.
Passed and adopted this 18th day of June, 2007
TOWN OF RIVER FALLS
ORDINANCE NO. 2007 - 03
TOWN OF RIVER FALLS
(Wind Electrical Generation Towers)
An Ordinance to create Section 17.039 of the General Code of Ordinances of the Town of River Falls.
WHEREAS, the Town Board, upon recommendation of its Plan Commission, deems it appropriate and necessary to adopt zoning regulations pertaining to wind electrical generation towers in the Town to oversee the permitting of small wind energy systems and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system; and
WHEREAS, the Town Board obtained recommendation as to this ordinance from its Plan Commission upon due notice, to-wit, publication of a Class 2 notice, of the meeting whereat same was considered by the Plan Commission and Class 2 notice was given by the Town Board of the meeting whereat this matter was heard and considered by the Town Board;
WHEREAS, this Ordinance is consistent with the provisions of Sec. 66.0401, Stats;
NOW THEREFORE, Section 17.039 is hereby created to read as follows:
“Section 17.039. SMALL WIND ELECTRICAL GENERATION TOWERS”
(1) Definitions.
(a) "Administrator" means the Town of River Falls Zoning Administrator
(b) "Board" means the Town of River Falls Board of Supervisors.
plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
(d) "Owner" shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this ordinance.
(e) "Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades.
(f) "Small wind energy system" means a wind energy system that
1. is used to generate electricity;
2. has a nameplate capacity of 100 kilowatts or less; and
3. has a total height of 170 feet or less.
(g) "Total height" means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
(h) "Tower" means the monopole, freestanding, or guyed structure that supports a wind generator.
(i) "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis. Stat. §. 66.0403(1)(m). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.
(j) "Wind generator" means blades and associated mechanical and electrical conversion components mounted on top of the tower.
(2) Standards.
A small wind energy system shall be a permitted use in all A-1, A-2, Commercial, Lt Industrial and Industrial zoning districts subject to the following requirements:
(a) Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height multiplied by a factor of 1.1 from:
granted by the governmental entity with jurisdiction over the
road;
granted by the affected utility; and
the affected land owner or neighbor.
Each Wind Energy System shall be set back from the nearest residence and places of public assembly, a distance no less than two (2) times it’s total height unless written permission has been obtained from the owner of such structure.
(b) Access.
labeled or secured to prevent unauthorized access.
2. The tower shall be designed and installed so as to not
provide step bolts or a ladder readily accessible to the
public for a minimum height of 8 feet above the ground.
If the tower is of climbable (lattice) construction. An 8 foot high non-climbable fence must be constructed around the base. Any access doors or gates must be locked.
(c) Electrical Wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
such lighting is required by the Federal Aviation Administration.
(e) Appearance, Color, and Finish. The wind generator and tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the special use permit.
(f) Signs. All signs, other than the manufacturer's, owner’s identification,
appropriate warning, shall be permitted as required by Chapter 17.13. The Tower shall be designed to carry the weight and wind loading from any signs.
(g) Code Compliance. A small wind energy system including tower shall comply
with all applicable state construction and electrical codes, including the National Electrical Code.
(h) Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, "Rules for Interconnecting Distributed Generation Facilities."
(i) Met towers shall be permitted under the same standards, permit
requirements, restoration requirements, and permit procedures as a small wind energy system.
(j) Noise Compliance. A small wind energy system shall not emit noise
in excess of 5dBA above ambient sound when measured at any property line.
(j) Impact. Consistant with State Statute 66.0401, wind energy systems shall be located on a parcel so as to have the least impact on adjoining properties and any negative impacts from the wind energy system shall be confined, as much as possible, to the property where the wind energy system is located.
(3) Permit Requirements.
(a) Special Use Permit. A special use permit shall be required for the installation of a small wind energy system.
(b) Documents. The special use permit application shall be accompanied by a plot plan, which includes the following:
oposed wind energy system.
4. The right-of-way of any public road that is contiguous with
the property.
5. Any overhead utility lines.
6. Wind energy system specifications, including manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed).
7. Structural design and installation shall be under the supervision of an engineer licensed by the State of Wisconsin.
(c) Blueprints/Drawings. The Tower foundation blueprints and drawings as
well as the Tower blueprint and drawing shall be submitted to the Zoning Administrator prior to commencement of construction of the Tower base or Tower.
(d) Fees. The application for a special use permit for a small wind energy system must be accompanied by the fee set from time to time by resolution of the Board. The applicant shall also pay any other expenses incurred by the Town in connection with the application for special use permit, including engineering, consulting and legal fees.
(e) Inspection/Insurance. Prior to issuance of the permit, the applicant shall submit to the Zoning Administrator proof of adequate liability insurance, such insurance to be in the minimum amount of one million dollars per occurrence. In addition, applicants shall submit to the Zoning Administrator evidence that applicant has in place a long term service and maintenance contract providing for inspections at least annually. The Applicant shall provide proof of financial responsibility for final removal of the wind energy system should that become necessary,
(f) Hold Harmless. The owner of any wind energy system may be required by the Town Board to execute a “Hold Harmless” agreement as a condition of the Special Use permit, holding the Town harmless in connection with any injury occurring to person or property as a result of malfunction or collapse of the small wind energy system.
(g) Expiration. A permit issued pursuant to this ordinance shall expire if:
within 24-months from the date the permit is issued; or,
unused for a continuous 12-month period.
(4) Abandonment.
(a) A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Administrator may issue a Notice of Abandonment to the owner of record of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond to the Notice of Abandonment within 30 days from the Notice receipt date. The Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information which demonstrates the small wind energy system has not been abandoned.
(b) If the small wind energy system is determined to be abandoned, the owner shall remove the wind energy system at the Owner's sole expense within 3 months of receipt of Notice of Abandonment. If the owner fails to remove the wind energy system, the Administrator may pursue legal action to have the wind energy system removed at the Owner's expense.
(5) Special Use Permit Procedure.
(a) An Owner shall submit an application to the Zoning Administrator for a Special Use permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by twelve copies of the plot plan identified in 17.039(3)(b).
(b) The Administrator shall issue a permit or deny the application within 60 days of the date on which the application is received.
(c) The Administrator shall issue a special use permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this ordinance.
(d) If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.
(e) If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to Chapter 68 Wis. Statutes. The applicant may reapply if the deficiencies specified by the Administrator are resolved.
(f) The Owner shall conspicuously post the special use permit on the premises
so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.
(g) At least seven days written notice must be given to all adjoining property owners of the public hearing to be held on the application for special use permit. This notice shall be given by the Town Clerk or other Town official.
(h) Any appeal of a decision made by the Zoning Administrator under this Section 17.039, shall be heard and considered by the Board of Appeals.
(6) Violations.
It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance or with any condition contained in a special use permit issued pursuant to this ordinance.
(7) Administration and Enforcement.
(a) This ordinance shall be administered by the Zoning Administrator or other official as designated.
(b) The Zoning Administrator may enter any property for which a special use permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
(c) The Zoning Administrator may issue orders to abate any violation of this ordinance.
(d) The Zoning Administrator may issue a citation for any violation of this ordinance.
counsel for enforcement.
(8) Penalties.
(a) Any person who fails to comply with any provision of this ordinance or a special use permit issued pursuant to this ordinance shall be subject to enforcement and penalties as provided in Sec. 25.04
(b) Nothing in this section shall be construed to prevent the Town Board from using any other lawful means to enforce this ordinance.
(9) Severability.
The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.
ORDINANCE NO. 2007 - 04
TOWN OF RIVER FALLS
(Newspaper Publication)
An Ordinance to amend §17.10(1) of the General Code of the Town of River Falls.
WHEREAS, the Town has no official newspaper, yet reference is made in §17.10(1) to an “official Town newspaper”; and
WHEREAS, the Plan Commission has recommended the Town Board adopt this Ordinance amending §17.10(1);
NOW THEREFORE, the Town Board of the Town River Falls DO HEREBY ORDAIN as follows:
Section 1. 17.10(1) is hereby amended to change the words “2 publications in the official Town newspaper, one to be at least 11 days prior to such hearing and one to be a least 4 days prior to such hearing,” to: “noticed by three (3) publications in a newspaper likely to give notice in the area, one to be at least 18 days, one to be at least 11 days and one to be at least 4 days prior to such hearing.”
Section 2. This Ordinance shall take effect upon approval by the Pierce County Board of Supervisors.
Passed and adopted February 5, 2007.
ORDINANCE NO. 2007-05
TOWN OF RIVER FALLS
(PUBLIC NOTICES)
An Ordinance amending Sections 2.10, 3.04, 12.03(4)(c) and 14.11(2) of the General Code of the Town of River Falls.
WHEREAS, the aforementioned Sections of the General Code address publication of ordinances and certain notices to be given with respect to various matters, to-wit, budget changes, liquor/alcohol beverage licenses and moving permits;
WHEREAS, the Board deems it expedient and necessary to make clear the notice requirements contained in its Code given the Board has no official newspaper and there is no newspaper published in the Town as defined in Chapter 985, Stats.;
NOW THEREFORE, the Town Board of the Town of River Falls DOES HEREBY ORDAIN as follows:
Section 1. Section 2.10 of the General Code is amended to add the following sentence thereto: “Publication under this Section shall refer to publication in a newspaper designated from time to time by the Town Board as one likely to give notice in the area.”
Section 2. Section 3.04 of the General Code is amended as follows: The words “the official Town newspaper” are hereby amended to read “a newspaper determined from time to time by the Town Board as one likely to give notice in the area.”
Section 3. Section 12.03(4)(c) of the General Code is amended as follows: The words “the official Town newspaper” are hereby amended to read “a newspaper determined from time to time by the Town Board as one likely to give notice in the area.”
Section 4. Section 14.11(2) is hereby amended to change the words in the second sentence thereof, to-wit, “as the Town Board may deem sufficient” to “in a newspaper determined from time to time by the Town Board as one likely to give notice in the area.”
Section 5. This Ordinance shall take effect upon passage and posting.
Dated 5th day of February, 2007
ORDINANCE NO. 2007-06
TOWN OF RIVER FALLS
An Ordinance to rescind and re-adopt Chapter 17, Zoning, of the Code of General Ordinances of the Town of River Falls.
WHEREAS, Chapter 17 of the General Code of the Town of River Falls has been modified several times by Town ordinance approved by the Pierce County Board of Supervisors; and
WHEREAS, four separate ordinances have recently been presented to the Plan Commission and/or Town Board for adoption to amend said Chapter 17, more specifically, Right to Farm, Soils and Small Wind Electrical Generation Towers, as well as amendment requiring three (3) publications in a newspaper likely to give notice in the area of any proposed future changes to said Chapter; and
WHEREAS, the Plan Commission has recommended that because of the substantial changes that have been made over time to said Chapter 17, as well as the pending proposed ordinances, that the changes now proposed and submitted for review to the Plan Commission as Ordinances No. 2007-1, 2007-2, 2007-3 and 2007-4 be instead presented to the Town Board for adoption by their adoption by reference in a new Chapter 17 incorporating the terms each of the aforesaid Ordinances, same to be adopted as a part of the General Code of the Town of River Falls as permitted under §66.0103(1), Stats.; and
WHEREAS, a copy of revised Chapter 17 has been on file and available for public inspection in the office of the Town Clerk since January 29, 2007, that being a period more than two (2) weeks prior to the date hereof;
NOW THEREFORE, the Town Board of the Town River Falls DO HEREBY ORDAIN as follows:
Section 1. Chapter 17, Zoning, of the Town of River Falls General Code, is hereby rescinded effective on the date of the Pierce County Board of Supervisor approval of this Ordinance.
Section 2. Revised Chapter 17, Zoning, General Code of the Town of River Falls, is hereby adopted by reference and made a part of the General Code of the Town of River Falls pursuant to §66.0103, Stats.
Section 3. This Ordinance shall remain on file in the office of the Town Clerk for inspection during regular business hours, as shall Chapter 17, of the General Code.
Section 4. This Ordinance (including the rescission of existing Chapter 17) shall take effect upon approval by the Pierce County Board of Supervisors.
TOWN OF RIVER FALLS
ORDINANCE #2007-07; Exclusive Agriculture Zoning is still pending
ORDINANCE #2007-08
TOWN OF RIVER FALLS
An Ordinance to amend Section 17.035 and 17.12 of the General Code of the
Town of River Falls (Move Stormwater Regulations to Chpt. 21)
WHEREAS, upon proper notice, the Plan Commission has convened, reviewed
and recommended the changes made herein; and
WHEREAS, upon proper notice the Town Board has held public hearing on this
ordinance and heard the recommendation of the Plan Commission and the Town
Engineer, and believes the changes proposed are in the best interest of the town;
NOW THEREFORE, the Town Board of the Town of River Falls does hereby
ordain as follows:
Section 1. Section 17.12 is repealed.
Section 2. References to Section 17.12 in the following sub-sections are hereby
modified to refer instead to Chapter 21, Stormwater Management: 17.035(3)(c)(10),
17.035(4)(c), 17.07(5)(a), and 17.125(3)(b)(2).
Section 3. Section 17.035 (3)(c)(14) is hereby created to read as follows:
“ Stormwater plan per Chapter 21, Stormwater Management. ”
Section 4. This ordinance shall take effect upon approval of same by the Pierce
County Board of Supervisors.
Passed and adopted March 19, 2007.
ORDINANCE NO. 2007 - 09
TOWN OF RIVER FALLS
An Ordinance to Amend Chapter 21 of the General Code of the Town of River Falls (Stormwater Management)
WHEREAS, the Town Board, upon recommendation of its Engineer and Plan Commission, deems it expedient and necessary to amend Chapter 21 of its General Code as provided herein;
NOW THEREFORE, the Town Board of the Town of River Falls does hereby ordain as follows:
Section 1. Section 21 is hereby renumbered such that each of the sections, numbered section 1 through section 10, is hereby respectively renumbered section 21.01 through section 21.10. Further, each numerical sub-section under said sections, and each small-case letter preceding paragraphs shall be enclosed in parentheses.
Section 2. Section 21.02(1)(f) is hereby amended to change the reference “3090 ft.” to “300 ft.”
Section 3. Section 21.02(1)(h) is hereby amended to read as follows:
“ The construction of individual homes and farm buildings under 10,000 square feet are excluded from this ordinance unless said siting is located on slopes greater than 20% or is located within the flood fringe area as designated on the Pierce County Flood Fringe map. “
Section 4. Section 21.02(3)(b)(1) is hereby amended to replace the reference to “(Month, Day, Year)” with July 18, 2005.
Section 5. Sections 21.02(3)(b)(2) and 21.02(3)(c)(1) are hereby amended to insert in the blank space July 18, 2005.
Section 6. Section 21.03(4) is hereby amended to add the following phrase after the words “set forth in the”:
“ Wisconsin Department of Natural Resources Conservation Practice Standards, or if no standard exists for a specific topic, then the”.
Section 7. Section 21.04(1)(a) is hereby amended to insert in the blank the following date July 18, 2005.
Section 8. Sub-sections 21.04(1)(b) through (d) are hereby renumbered respectively to 21.04(1)(c) through (e).
Section 9. Section 21.04(1)(b) is hereby recreated to read as follows:
“Applicable design criteria, standards, and specifications identified in the Wisconsin Department of Natural Resources Stormwater Management Technical Standards.”
Section 10. Section 21.05(1)(c) is hereby created to read as follows:
“The applicant for any permit shall pay a fee to the Town Clerk equal to the actual costs to the Town for the professional fees and disbursements incurred by the Town by reason of the review of the application and proposed use and improvements by any professional employees and consultants, including without limitation by way of enumeration, the planner, engineer, surveyor, attorney and any other professional employees or consultants hired by the Town with respect to consideration thereof. This shall include, without limitation by way of enumeration, the following:
1. Review of such application and proposed use and improvements and the plans therefore.
2. Inspection of the site and the improvements as and after such improvements are constructed.
3. Tests and other evaluations deemed necessary by such professional employees and consultants for their review and inspection.
4. Drafting and other preparation of any written opinions, advice and suggestions with respect thereto.
5. Drafting and preparation of any ordinances, resolutions, contracts, agreements and other documents with respect thereto.
6. Attendance at public meetings or hearings and telephone and actual conferences.
7. Any other professional services and disbursements charged to the Town which were necessitated by the submission and review of such application and proposed use and improvements, and construction of improvements and erosion and sediment control measures therein.
At or prior to submission of any application for a permit that involves new construction or an addition to an existing building or other structure, the applicant or the applicant’s representative shall deposit in escrow with the Town Clerk the amount specified. Such specified fees will be set by the Town Board from time to time. If the sum determined herein is inadequate or excessive for anticipated expenses, the Town Board my increase or decrease the required deposit at any time. Additionally, the Town may waive all or part of the required escrow deposit to the extent that a determination on the application will probably not include any of the employees, experts or tests necessary to make a determination on the application. Should the Town board thereafter determine that a greater escrow deposit is required up to the amount required under this section, the applicant must pay the additional amount to the Town Clerk within the time specified. Notice of the meeting for consideration of the application shall be mailed to the applicant or applicant’s agent at least 5 days prior thereto. Upon final action on the application, approval of all improvements and erosion and sediment control measures required therein and a payment of all professional expenses incurred by the Town, any balance in escrow shall be returned to the applicant. This shall not prohibit the Town collecting any additional professional expenses subsequently charged to the Town. The Town Board may agree in writing with the owner of any premises generally leased to tenants to require less than the foregoing escrow deposit from an existing or prospective tenant if such owner in writing personally guarantees and provides satisfactory surety for payment of any sums then or thereafter due to the Town which could have been collected from a higher escrow deposit by such tenant.”
Section 11. Section 21.05(5)(b) is hereby amended as follows. Line 3 is amended to delete the first “the” in said line and the reference to section “12.16.040" is amended to read “Sec. 21.04". Line 4 is amended to change the reference to “12.16.040" to “Section 21.07".
Section 12. Section 21.07(3)(h) is hereby created to read as follows:
“Assumed site infiltration rates shall be validated by the provisions of Wisconsin DNR Conservation Practice Standard #1002 Site Evaluation for Stormwater Infiltration.”
Section 13. This ordinance shall take effect upon passage and publication.
Passed and adopted March 19, 2007
TOWN OF RIVER FALLS
ORDINANCE NO. 2007-10
PARKS ORDINANCE
An Ordinance to amend Sections 1.21, renumber 11.05 to 11.50 and to recreate Section 11.05 of the General Code of Ordinances of the Town of River Falls.
The Town Board having received recommendation of its Plan Commission and finding it expedient and necessary to do so does hereby ordain as follows:
Section 1. Section 1.21 is hereby amended to read:
“1.21 PARK AND RECREATION COMMITTEE.
(1) A Park and Recreation Committee is hereby established.
(2) The Park and Recreation Committee shall have those duties set forth in Sec. 11.05 and as otherwise directed by the Town Board.
which shall be a Town Board Member, and the other four of which may be
citizen members. Members shall be appointed by the Town Chair for 3
year staggered terms commencing in May of the year of appointment.”
Section 2. Section 11.05, “PENALTY”, is hereby renumbered to 11.50.
Section 3. Section 11.05 is hereby amended to read as follows:
“11.05 PARKS AND RECREATION.
recommendations for the type and scope of recreational activities which
may be permitted in Town parks.
Town developed for recreation and/or its preservation.
(b) A budget has been approved and funds have been authorized and
set aside by the Town Board upon recommendation from the Park and Recreation Committee.
accordance with the applicable Comprehensive Park and
Recreation Plan.
(4) All Town parks shall have a sign of shape and color as directed by the
Town Board with language to indicate the park name, address, use and
restrictions.
(5) All the parks shall be shown on the Town’s Park Map.
(a) IMPROVEMENTS. All buildings, structures or improvements must first be
approved by the Town Board upon recommendation of the Park and
Recreation Committee and be for purposes associated with the use/or
maintenance of the parks.
(b) VEGETATION. No person shall remove, damage, or disturb any
vegetation, except for the removal of recognized exotic and invasive
species in accordance with the park management plan by the order of the Town Board upon recommendation of the Park and Recreation Committee.
(c) TREES. No person shall remove, damage, or distribute trees, except for
invasive species, dead, or diseased trees for the purpose of public safety
pursuant to a park management plan with authorization of the Town
Board upon recommendation of the Park and Recreation Committee.
(d) DEFACING PARK PROPERTY. No person shall cut, break or in any
way injure or deface any building, fence, equipment or faculty, or any
feature or property, including excavation and removal of soil, natural
objects, upon or within any park; except however, projects undertaken
in connection with development of park resources upon Order or
Resolution of the Town Board upon recommendation of the Park and
Recreation Committee.
(e) LITTERING. No person shall throw, deposit, place or leave in any park or
waters therein any paper, rubbish, waste cans, bottles or refuse of any
kind except in receptacles provided for waste.
(f) PARK HOURS. No cars, campers or pedestrians shall be in any park
between eleven p.m. and five a.m. except those involved in scheduled
activities approved by the Town Board upon recommendation of the Park and Recreation Committee.
(g) BILL POSTING. No person shall post, paste, fasten, paint or affix any
placard, bill, notice, sign or advertising upon any structure or erect any
structure for that purpose unless authorized by the Town Board upon recommendation of the Park and Recreation Committee.
(h) BENCHES and TABLES. No person shall remove benches, seats or
tables from the park proper without approval of the Town Board upon
recommendation of the Park and Recreation Committee.
article or thing in any park. This prohibition shall not apply to sales of
refreshments and other articles authorized by the Town Board upon
recommendation of the Park and Recreation Committee.
(j) FIRES. No person shall start, tend or maintain any fire or burn any refuse
except in designated park fireplaces or park grills.
(k) CAMPING. No camping is permitted in any Town park, unless approved
by the Town Board upon recommendation of the Park and Recreation
Committee.
animal population, disease, and/or damage to property in accordance with
Town Ordinance 11.04, and only upon approval of the Town Board upon
recommendation of the Park and Recreation Committee.
(m) MOTORIZED VEHICLES. No motor vehicles in any Town park except for
emergency vehicles and those needed for permitted land management
activities. No motorized vehicles shall be parked on the grass of any
Town park except in areas defined as parking by the placement of parking
posts.
(n) ALCOHOL. No alcoholic beverages are permitted in Town parks and
recreational areas.
(o) GLASS CONTAINERS. No person shall possess or consume any
beverage in glass containers in any Town park or recreation area.
(p) WEAPONS. No person shall have in their possession or under their
control any air gun as defined in Section 939.22, Wis.Stats. All firearms
(guns) are prohibited unless the same is unloaded and enclosed in a
carrying case or any bow unless the same is unstrung or enclosed in a
carrying case.
(q) PETS. Pets shall be leashed in the park and no person shall allow their
pet to deprive or disrupt the enjoyment or use of any park or recreation
area. Pet owners are required to remove their pet’s fecal waste.
property. Examples of such: Play set, gardens, flower beds, private paths, buildings, etc.
(s) EASEMENTS. No new public utility easements or rights of way shall be
permitted across any park except upon Order or Resolution of the Town
Board upon recommendation of the Park and Recreation Committee.
The Town Board upon recommendation of the Park and Recreation
Committee and, as necessary, Court approval.
of water courses, springs or shore areas including stream and wetlands is
prohibited except in conjunction with the Park Management Plan upon Order or Resolution of the Town Board upon recommendation of the Park and Recreation Committee.
(v) HORSES. No horse or mule riding is permitted in Town parks or
recreational areas.
(w) BICYCLES. Bicycles are allowed only on designated bicycle trails.
(x) ATHLETICS. No person shall play organized hard ball upon the athletic
grounds. The use of the athletic grounds by organized teams shall be
subject to the approval and scheduling of the Town Board upon recommendation of the Park and Recreation Committee.
(y) FIREWORKS. No fireworks are permitted in any park or recreational area.”
Section 3. This ordinance shall take effect upon passage and publication/posting as required by law.
Passed and adopted this 20th Day of August, 2007
TOWN OF RIVER FALLS
ORDINANCE NO. 2007-11
(RECORDS RETENTION ORDINANCE)
An Ordinance to repeal and recreate Subsections 3.07(7)(a) through (d) and to amend Sec. 3.07(8) of the General Code of Ordinances of the Town of River Falls.
WHEREAS, the Town Board if the Town of River Falls deems it expedient and necessary to amend its Record Retention Ordinance Provisions;
NOW THEREFORE, the Town Board of the Town of River Falls does hereby ordain as follows:
Section 1. Subsections 3.07(7)(a) through (d) are hereby repealed and recreated to read as follows:
“3.07(7)(a) Financial Records. The Town of River Falls Treasurer and Clerk, pursuant to §19.21(4) Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following financial non-utility records of which they are the legal custodians and that are considered obsolete:
Clerk, pursuant to §19.21(4), Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following records of which they are the legal custodians and that are considered obsolete:
(c) Building Inspector Records. The Building Inspector, pursuant to §19.21(5), Wis. Stats., may destroy the following records of which he/she is the legal custodian and are considered obsolete: house plans, site plans, email communications, letters and other correspondence, and records pertaining to site inspections. The Building Inspector shall not destroy any permits issued in connection with the building inspection process. These records may not be destroyed less than seven (7) years following the date of their receipt by the Building Inspector.
(d) Historical Society Notification. Prior to the destruction of any public record described in Subsec. (a), (b) or (c) above at least sixty (60) days notice in writing shall be given the State Historical Society of Wisconsin.”
Section 2. Sec. 3.07(8) is hereby amended to add after the word “method” in the first sentence the following: “or a record stored in optical disk or electronic format,”. The words “for photographic reproduction” in the second sentence are deleted.
Section 3. This ordinance shall take effect upon passage and publication/posting as required by law.
Passed and adopted this 4th day of September, 2007
TOWN OF RIVER FALLS
TOWN OF RIVER FALLS
ORDINANCE NO. 2007 – 12
(RECYCLING)
An Ordinance to amend and recreate Chapter 19, Recycling, of the General Code of Ordinances of the Town of River Falls.
WHEREAS, Chapter 18 was originally the Chapter in which the current numbered Sections 19.01 through 19.08 were found; and
WHEREAS, because of duplication in numbering the editor of the General Code of Ordinances in 1994 renumbered Chapter 18 to Chapter 19; and
WHEREAS, other changes are now deemed necessary to Chapter 19, Recycling, formerly Chapter 18, Recycling;
NOW THEREFORE, the Town Board of the Town of River Falls does hereby ordain as follows:
Section 1. Sections18.01 through 18.08 of Ordinance No. 1994 -10 are hereby renumbered to read respectively Sections 19.01 through 19.08.
Section 2. Section 19.08 is hereby renumbered to Section 19.25.
Section 3. Section 19.08 is hereby recreated to read as follows:
“19.08 UNAUTHORIZED REMOVAL OF RECYCLABLE MATERIALS AND REFUSE FROM TOWN FACILITY. It shall be unlawful for any person without written approval of the Town Board to remove any recyclable material or refuse which has been placed at the Town Recycling Facility in their proper container or designated area. The Town Recycling Facility is located at the Town Shop/Garage on US Highway 65 and is so designated.”
Section 4. This ordinance shall take effect upon passage and publication/posting as required by law.
Passed and adopted this 4TH day of September, 2007
TOWN OF RIVER FALLS