Wednesday, Jun 19 - 11:31 PM
Municipal Code is in the process of recodification. Contact Clerk Barb Ceas (608-883-2017) email ceasb@idcnet.com for current ordinance information.
NEW ORDINANCES enacted since recodification process began:
TOWN OF RICHMOND
ORDINANCE NO. 5/21/13
AN ORDINANCE AMENDING AND REPLACING CHAPTER 39 OF THE TOWN CODE OF THE TOWN OF RICHMOND, WISCONSIN, TO PROVIDE FOR THE LICENSING OF CENTER PIVOT MANURE DISTRIBUTION SYSTEMS IN THE TOWN OF RICHMOND.
RECITALS
A. The Town of Richmond recognizes the need to balance the right to use certain property for agricultural purposes and the need to protect the general public from offensive, obnoxious, and unhealthful odors;
B. According to studies including, without limitation, a pamphlet entitled Application of Liquid Animal Manures Using Center Pivot Irrigation Systems published by the University of Nebraska – Lincoln Extension, the application of manure by Center Pivot Manure Distribution Systems offers a large potential for significant odor release during short periods of time;
C. A Memorandum prepared by Robert Thiboldeaux, PhD., a toxicologist for the Wisconsin Division of Public Health, and dated February 17, 2011, raises the potential for substantial health concerns resulting from the land application of liquid manure using center pivot sprinkler technology;
D. As of the date of adoption of this Ordinance, the Wisconsin Department of Natural Resources has adopted no standards for the use of Center Pivot Manure Distribution Systems and the Walworth County Board has not adopted any controls over Center Pivot Manure Distribution Systems;
E. The Town Board believes that the regulation of Center Pivot Manure Distribution Systems is necessary to promote the public health, safety and welfare of the citizens of the Town of Richmond, and wishes to take action to that effect pending the adoption of appropriate controls by other governmental authorities.
NOW, THEREFORE, The Town Board of the Town of Richmond, Walworth County, Wisconsin, ordains as follows:
SECTION 1: Chapter 39 of the Town Code (Chapter 8.35 of the pending draft revision of the Town Code) entitled “Center Pivot Manure Distribution Systems,” is hereby repealed and recreated to read as follows:
Sec. 39-1. Purpose and Intent.
The purpose of this Chapter is to promote the health, safety and general welfare of the Town, and it is the general intent of this Chapter to regulate the use of Center Pivot Manure Distribution Systems within the Town of Richmond, Walworth County.
Sec. 39-2. Abrogation and Greater Restrictions.
It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, when this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.
Sec. 39-3. Interpretation
In its interpretation and application, the provisions of this Chapter shall be liberally construed in favor of the Town and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes except as expressly set forth herein.
Sec. 39-4. Definition
“Center Pivot Manure Distribution System” as used in this Chapter means a system for spreading manure or manure by-products which involves spraying or otherwise distributing the manure or by-product in liquid form through spray or drop nozzles attached to a pivoting arm located in a farm field.”
Sec. 39-5. License Required
No person or entity shall operate a Center Pivot Manure Distribution System in the Town of Richmond unless such person or entity shall first obtain a license for such operation from the Town Board.
Sec. 39-6. Application
Any person or entity desiring or intending to operate a Center Pivot Manure Distribution System in the Town of Richmond shall, before operating the same, apply to the Town Board for a license for such operation. Said license shall include, at a minimum, the following:
a. The name and address of the applicant;
b. The name and address of the owner of the property upon which said System is intended to be operated;
c. The dates or range of dates when such operation is intended to occur;
d. A detailed description of the material intended to be distributed by the System;
e. The legal description and address of the property upon which the System is to be operated;
f. The manner in which the volume of material to be distributed by the System is intended to be regulated.
g. The names and addresses of the owners and residents of all property located within 1 (one) mile of the property line of any parcel upon which the proposed Center Pivot Manure Distribution system is to be operated.
At the time of application, the applicant shall pay to the Town Clerk an application fee in the amount of $500, or such other fee as may be determined by the Town Board by resolution. In addition to this fee, as a condition for processing the application, the applicant shall be required to bear the expense of any professional services incurred by the Town Board in reviewing the application, including, but not limited to, technical and environmental experts and legal counsel. The Town Board may require the applicant to post a deposit for the anticipated cost of such services.
Sec. 39-7. Public Hearing
Upon receipt of an application for a license for operation of a Center Pivot Manure Distribution System, the Town Board shall hold a public hearing on such application. Notice of such hearing shall be mailed by the applicant, by certified mail at the applicant’s expense, no less than 10 (ten) days before the date of the hearing to all property owners and residents of property located within 1 (one) mile of the property line of any parcel upon which the proposed Center Pivot Manure Distribution system is to be operated. The applicant shall provide certified mail receipts to the Town Clerk for each property owner or resident entitled to notice or, in the alternative, proof of direct service upon the owner or resident. If direct service is used in lieu of certified mail, service shall occur no later than 5 days before the public hearing. Such notice shall also be published as a Class 2 notice.
Sec. 39-8. Standards and Conditions.
In addition to holding a public hearing, before issuing a license for operation of a Center Pivot Manure Distribution System, the Town Board shall review the application for such permit. No permit shall be issued unless the Board first determines that the proposed operation will not cause undue harm to the health of nearby residents and will not cause noxious odors which are likely to become a nuisance as to such residents. The Board may impose appropriate conditions upon the proposed operation as necessary to protect such residents and the health, safety and well-being of other persons living and traveling through the Town. The violation of any such conditions imposed by the Board shall be deemed a violation of this Chapter.
Sec. 39-6. Lien on Real Estate.
In all cases in which the Town Board, or its duly appointed representative, takes action to enforce the provisions of this Chapter because of the unlawful operation of a Center Pivot Manure System, the sum expended in accomplishing such enforcement shall become a lien on the property where such System is located, in the same manner as any tax upon real estate. The Town Clerk shall certify the description of such property, and the costs of such removal, and the Clerk shall include the same in the annual schedule of land subject to special taxation. Payment of costs included in a lien hereunder shall be enforced in the same manner as a special tax upon real estate levied and collected in the Town of Richmond.
Sec. 39-7. Enforcement.
Any person who operates or causes the operation of a Center Pivot Manure Distribution System without first obtaining a lawful license for such operation under this Chapter, or operates or causes the operation of such a System in a manner which violates any conditions imposed by the Town Board upon any such license shall be deemed in violation this Chapter and the Town Board may take action to enjoin such violation and/or to impose a fine by initiating an action in Walworth County Circuit Court. Any person shall, upon conviction of any such violation, forfeit not less than $1000 nor more than $5000 for each day the violation continues, together with the costs of prosecution, and, in default of payment, shall be imprisoned in the county jail until such forfeiture is paid, but not to exceed 90 (ninety) days.
SECTION 2: If any section, clause, provision or other portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance or the Chapter or Article of which it is a part shall not be affected thereby. If any application of this ordinance to a particular structure or parcel of land is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure or parcel of land not specifically included in the court’s judgment except as expressly ordered by the court.
SECTION 3: This ordinance shall take effect and be in force from and after the day after passage and publication as required by law.
Dated this _21st___ day of _May________, 2013.
__________________________________
Jeff Karbash, Town Chair
TOWN OF RICHMOND
AMENDMENT TO CHAPTER 10, BUILDINGS AND BUILDING REGULATIONS
ORDINANCE NO.5/21/13-2
an ordinance amending chapter 10 of the town code of the town of richmond, relating to buildings and building regulations.
The Town Board of the Town of Richmond, Walworth County, Wisconsin, ordains as follows:
SECTION 1: Article III and Article V of Chapter 10 of the Town Code, consisting of Sections 10-81 through 1—91 and Sections 10-161 through 10-164, and Section 10-8 of said Chapter 10, are repealed in their entirety.
SECTION 2: Section 10-3 of the Town Code is revised as follows:
Sec. 10-3. Scope.
· This chapter applies to all one- and two-family dwellings constructed after promulgation of the Wisconsin Uniform Dwelling Code on June 1, 1980. Also included are residential accessory buildings greater than 150 square feet, detached garages, decks, additions that increase the physical dimensions of buildings , including bay windows and alterations to a building structure, or alterations to the building's heating, electrical or plumbing systems with a market value exceeding $15,000.00, and the razing or moving of buildings.
· Specifically excluded are children's play structures, commercial buildings, and multi- family dwellings. Also excluded, regardless of value, are re-siding, re-roofing, and cosmetic finishing of interior surfaces.
· Permits for agricultural buildings are required solely for the installation of electrical service and heating services. The standards to be applied for such permits are those applicable to commercial buildings under the Wisconsin Administrative Code, Chapters SPS 362 and 364 and any revisions thereto.
SECTION 3: All references in Chapter 10 of the Town Code to “Wis. Admin Code Comm. Chs. 20-25” or “Wis. Admin. Code chs. 20-25” are replaced by “Wis. Admin. Code Chs. SPS 320-325," and all references to “WI Division of Safety and Buildings” are replaced by “Wisconsin Department of Safety and Professional Services.”
SECTION 4: Subsection (b) of Section 10-6 of the Town Code is repealed, and the portion of Section 10-6 previously set forth as subsection (a) shall become the entirety of said Section 10-6.
SECTION 5: The phrase “Three sets of building plans” in Section 10-10 the Town Code is replaced by the phrase “Two sets of building plans.”
SECTION 6: The phrase “subject to approval of the town board” in subsection 10-16(a) of the Town Code is replaced by the phrase “subject to approval by a road maintenance employee of the town designated by the town board as the town’s highway officer.”
SECTION 7: The phrase “from the town board and paying therefor the fee of $5.00” in subsection 10-16(b) of the Town Code is replaced by the phrase “from the Building Inspector and paying therefor a fee designated under the town’s Fee Schedule, which shall be adopted by the town board by resolution.”
SECTION 8: The entirety of Section 10-51 of the Town Code after the words “upon payment of a fee” is repealed and replaced by phrase “designated under the town’s Fee Schedule, which shall be adopted by the town board by resolution.”, and the portion of Section 10-51 previously set forth as subsection (a) shall become the entirety of said Section 10-51.
SECTION 9: The sentence “Building Inspector means the building officer of the town or his duly authorized delegate” in Section 10-121 of the Town Code is repealed and replaced by the following sentence: “Building Inspector means the individual appointed by the town board and certified by the Wisconsin Department of Safety and Professional Services under Section 10-5 of this Chapter.”
SECTION 10: Section 10-127 of the Town Code is repealed and replaced by the following sentence: “The town chairperson or his duly appointed representative shall accompany any building being moved pursuant to the provisions of this article.”
SECTION 11: If any section, clause, provision or other portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. If any application of this ordinance to a particular structure or parcel of land is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure or parcel of land not specifically included in the court’s judgment except as expressly ordered by the court.
SECTION 12: This ordinance shall take effect and be in force from and after the day after passage and publication as required by law.
Dated this _21st____ day of _May__________, 2013.
Jeff Karbash, Town Chair
