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May 12, 2009 Plan Comm. Meeting May 12, 209
Town of Germantown
Planning Committee Work Session
May 12, 2009
Ordinance changes
Present: Roger Bean, Jim Collis, Paul Merk, Michael Poe, Dave Specht,
Margaret Miller Zoning Administrator William Bruce
Chairman Specht opened the work session at 5:35 p.m.
Purpose of this work session is to review and possibly act on proposed
changes for Ordinance #22 and #34.
Bill Bruce – roll call-posted properly- approve minutes.
Motion to approve minutes was made by Mr. Merk. Second Mr. Bean.
Motion carried.
Mr. Bruce discussed adding fence s to the ordinance. Mr. Curran sent
proposal’s for Ordinance #22 to have control over fencing in the
Township.
Mr. Bruce passed out copies of proposed changes.
PROPOSED AMEMDMENT TO
ZONING ORDINANCE # 22
SECTION 8.00 BOARD OF APPEALS
PARAGRAPH 5 Sixth (6th) sentence reads: "The Zoning Board of Appeals
shall make a written report of its findings and determinations
following its determination."
Change the sixth (6th) sentence to read: "The Zoning Board of Appeals
shall make a decision based upon its findings and determinations after
the hearing provided that the clerk shall keep a copy of the taped
proceedings as well as a list of the witnesses and their addresses and
a determination of the voting record by the Board Members."
SECTION 8.02 VARIANCE REVIEW AND APPROVAL PROCEDURES SUB SECTION (5)
Review and Determination by Zoning Board of Appeals
PARAGRAPH (b) Fourth (4th) sentence reads: "Each decision of the Board
shall be accompanied by written reasons in support of the decision."
Change the fourth (4th) sentence to read: The Zoning Board of Appeals
shall make a decision based upon its findings and determinations after
the hearing provided that the clerk shall keep a copy of the taped
proceedings as well as a list of the witnesses and their addresses and
a determination of the voting record by the Board Members.
Section 11.00 Definitions
Change definition of Fence from:
Any open or closed barrier made of masonry, metal, wood or plant
materials for the purpose of enclosing any part of a lot or percent of
land.
To:
A structure erected around or on any open space to prevent viewing or
passage in or out serving as a boundary, a means of protection, a
buffer, a decoration, a means to block or modify a view and/or for
confinement. Fences as controlled by this ordinance shall not include
fences whose primary purpose is agricultural, as defined in Chapter
90, Wis
Stats., gardening, safety fences including temporary snowmobile fences
or fences whose primary purpose is limiting snow drifting on public or
private roads. Further excluded from regulation under this ordinance
would be decorative or landscaping fencing that does not block the
view from neighboring parcels and is of a height, color, material and
purpose consistent with nearby land uses.
Add to the definition of "Structure" the word "fence" Add to Section
2.11 the following paragraphs:
1) Construction, erection or moving a fence, defined herein as
controlled by this ordinance, requires application for an issuance of
a permit under Section 7.02.
2) The Zoning Administrator shall process the application and
determine if the structure applied for if a permitted use or a
conditional use. If he determines that the fence applied for is of a
height, density, color and material that is consistent with nearby
land uses, has a legitimate purpose beneficial to the premises upon
which it is to erected, has no substantial detrimental effect to
adjoining landowners other than that minimally necessary to accomplish
the legitimate purpose and does not block the neighbor's view of the
lake or other public premises, he may issue the permit as a permitted
use.
3) If the Zoning Administrator determines that the standard described
above is not
clearly met by the applicant, then the erection of such is subject to
the procedure set forth in Section 5. This process with fences shall
apply in all Districts.
ORDINANCE 34
PUBLIC NUISANCE ORDINANCE
No change - Section 1:Title / Purpose
This ordinance is entitled the "Town of Germantown Public Nuisance
Ordinance". The purpose of this ordinance is as follows:
No Change-Section 2:Authority
The Town Board of the Town of Germantown has the specific authority,
powers and duties, pursuant to Sec, 66 (1998-1998) Wis. Stats., and
Chapters 60, 61, 62, 66 and 823, Wis. State Stats., and pursuant to
the specific statutory sections noted in this ordinance and/or by its
adoption of village powers under Sec. 60.10, (19J8-1989) Wis. Stats.,
to regulate, control, prevent and enforce against in the Town of
Germantown certain uses, activities, businesses and operations by
persons that may cause a public nuisance in the Town of Germantown.
Change -Section 3: Purpose
The purpose of this ordinance is to promote and protect the peace,
health, safety, property and general welfare of the Town; to protect
and preserve property values; to abate and prevent blighted areas; and
to recognize the private and public benefits resulting from the safe
maintenance of buildings and vacant areas.
Section 4: General Provisions No Change- 4.1 Public Health Nuisance
Public No person shall cause, allow or permit any person to create any
public premises owned, leased, or controlled by that person in the
Town of Germantown. The following are specifically declared by the
Town Board of the Town of Germantown to be public health nuisances.
This declaration should not be construed to exclude other public
nuisances affecting public health in the Town of Germantown.
a. breeding places for vermin, etc.; Accumulation of decayed animal or
vegetable matter, garbage, refuse, rubbish, rotting lumber, bedding,
packing materials, scrap metal or any materials whatsoever in which
flies, mosquitoes, disease carrying insects, rats or other vermin may
breed.
b. an unburied animal carcass area where a dead animal or dead animals
are not buried in a sanitary manner within 24 hours of death
c. stagnant water area where mosquitoes, flies and other insects can
breed.
d noxious odors, etc.: Any use of property, substances or things
within the Town emitting or causing any foul, offensive noisome,
nauseous, noxious or disagreeable odors, gases, effluvia or stenches
extremely repulsive to ordinary persons, or which annoy, discomfort,
injure or inconvenience the health of any appreciable number of
persons within the Town of Germantown.
e. a well pollution area where pollution from the premises entering
the ground water is a cause of a private or public drinking water well
on another property to become of lesser quality.
f. a surface water pollution area where pollution from the premises
entering the surface water is a cause of private or public drinking
water well on another property or any river, stream, lake, ditch,
canal, or other body of water to become of a lesser quality.
g. an air pollution area where emissions of smoke, soot, fumes, gases,
ash, dust or other pollutants into the atmosphere repulsive to the
senses or ordinary persons are allowed to continue to the annoyance or
discomfort of persons or are allowed to cause injury to persons or
property in the Town of Germantown.
h. a human burial area where a human body or bodies are buried in the
Town of Germantown outside of an established cemetery.
i. an unwholesome food area where harmful, contaminated or polluted
food or drink is sold or served on the premises to persons in the Town
of Germantown. a dangerous building area where the building,
structure, place or the electrical, heat or water supply is in a
condition and location to cause a menace or danger to the public
health of persons in the Town of Germantown.
j. an improper sewage area where the effluent from the sewer, septic
tank, holding tank or cesspool on the premises is in a condition and
location to cause a menace or danger to public health of persons in
the Town of Germantown. a noxious material discharge area where the
discharge, disposal, storage or treatment of noxious, filthy, decaying
or nauseous materials repulsive to the senses of ordinary persons are
allowed to continue to the substantial annoyance or substantial
discomfort of persons or are allowed to cause injury to persons or
property in the Town of Germantown.
Changes- 4.2 Public Safety Nuisance
No person shall cause, allow or permit any person to create any public
nuisance area on the premises owned, leased or controlled by that
person in the Town of Germantown. The following are specifically
declared by the Town Board of the Town of Germantown to be public
nuisances. The declaration should not be construed to exclude other
public nuisances affecting public safety in the Town of Germantown.
Changes in a., b. and f.
a. an abandoned or wrecked motor vehicle area where motor
vehicles, tractors, house trailers,
railroad cars and other motorized vehicles and abandoned or unused
refrigerators or other containers with airtight doors from which the
doors or covers have not been removed which are allowed to accumulate
without a proper junkyard permit issued by the Town of Germantown
except as allowed under Ordinance 22, Sec. 2.05 of the Town of
Germantown Zoning Ordinance.
b a dilapidated building area where old or dilapidated buildings,
structures and equipment are allowed to stand while they are
dangerous, unsafe, unsanitary, uninhabitable, unfit for the use to
which originally intended or adopted or otherwise unfit for human use
and occupancy.
c. a dangerous tree area where trees and limbs are in a condition and
location to cause a menace or danger to public safety to persons in
the Town of Germantown.
d. a loud noise area where loud sounds of motor vehicles, animals or
music, including ordinary persons are allowed to continue to the
annoyance or discomfort of persons or injury to person or property in
the Town of Germantown.
e. an obstruction area where structures, hedges, trees, weeds, signs,
billboards, buildings, or equipment are installed or maintained near a
public highway, road, street, alley, or railroad crossing and due to
the condition and location block a clean view of traffic including but
not limited to state standards at intersections that cause a menace or
danger to public safety or persons in the Town of Germantown
f. violations of state laws relating to the storage of flammable
liquids.
No changes - 4.3 Property Value Nuisance
No person in the Town of Germantown shall cause, allow or permit any
person to maintain a nuisance on premises owned, leased or controlled
by that person where the nuisance causes substantial diminution of the
value of properties of others in the neighborhood wherein which the
premises is located..
4.4 Public Hazard Nuisance
Changes in e.
To prevent a public nuisance, no person in the Town of Germantown
shall cause, allow or permit any person to allow the premises owned,
leased or controlled by that person to become dangerous, unsafe,
unsanitary, foul, a fire menace or public hazard by:
a. allowing illegal, offensive or unsafe vegetation to grow on the
premises.
b. allowing trash, debris, old lumber, furniture, freezers, stoves,
refrigerators, tires or too accumulate in unsheltered areas on the
premises
c. allowing combustibles rubbish, paper, oily rags, petroleum products
or other highly flammable materials to be improperly secured and or
improperly stored in 01 around any building on the premises
d. allowing domestic animals (dangerous or otherwise) to run at large
or on the premises wherein they can access property of another to the
annoyance or discomfort of persons or are allowed to cause injury to
persons or property in the Town of Germantown..
e. any dwelling within the Town of Germantown which is in a general
condition of disrepair or deterioration showing the structure has not
been maintained for a substantial period of time shall be deemed a
Property Value Nuisance.
4.5 Highway Noise Nuisance No Changes
No person shall cause, allow or permit any person to operate any motor
vehicle in the Town of Germantown where the sound level from the
operation of the motor vehicle is a noise disturbance or a noise
nuisance created at or by the motor vehicle included but not limited
to creating sounds in excess of 80 decibels at 100 feet.
4.6 Waste Disposal Nuisance No Changes
The Town of Germantown prohibits, any person from intentionally
discharging or depositing any solid waste, hazardous waste, recyclable
materials or any other waste materials on or along any sidewalk,
roadway, street, alley or highway in the Town of Germantown, in the
water in the Town of Germantown, on the ice of any water in the
Changes - All of 4.7, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7
4.7 Blighted Premises
No person shall cause, allow or permit any person to create or
maintain on the premises owned, eased or controlled by the person in
the Town of Germantown any structure, mobile home, Improvement of
premises which is a menace to public health, safety, morals or welfare
in it present condition or which endangers life property by threat of
fire or other hazards is herby declared a public nuisance including:
a. Illegal buildings – All buildings erected, repaired or altered in
violation of Germantown ordinances or state law.
b. Dilapidated structures – All buildings or structures old,
dilapidated or out of repair as to be dangerous, unsafe, unsanitary,
or otherwise unfit for human use or occupancy or that the building
offends the aesthetic character of the immediate neighborhood or
produces blight or deterioration.
c. Every foundation, wall, roof, window and every other entrance to a
structure which is not maintained to prevent the entrance and
harborage of rats, mice or other vermin.
d. Abandoned, untitled or unlicensed mobile homes, recreational
vehicles, travel trailers unfit for human use or occupancy.
Section 5 Penalty/Abatement
5.1 Right to Inspect
The Town or its designee shall the authority to enter upon any public
or private premises and dwelling unit located within the Town, at
reasonable hours, upon notice, for the purpose of inspecting to
determine whether a violation of this ordinance exists. Where entry is
denied, the Town will obtain a special inspection warrant as provided
by law.
5.2 Notice to Owner
If a public nuisance exists, notice shall be given to the person
causing, permitting or maintaining such nuisance or upon the owner or
occupant of the premises by regular mail. The notice shall direct them
to abate or remove such nuisance within a time specified and unless
such nuisance is abated, the Town will cause the same to be abated and
charge the cost therof to the owner, occupant or person causing or
allowing the nuisance, as the case may be. However, in the case of
immediate danger to the public health, safety or peace, the Town's
designee having a duty to enforce shall act immediately hereunder.
5.3 Abatement by Town
If the nuisance is not abated within the time provide or if the owner,
occupant or person causing the nuisance cannot be found, the Town's
designee have the duty of enforcement shall cause the abatement or
removal of such nuisance
5.4 Abatement by Court Action
If the public nuisance exists on private premises but the nature of
such nuisance is not such as to threaten great and immediate danger to
public health, safety or peace, then a court action to abate such
nuisance may be commenced as provided in the Wisconsin Statutes.
5.5 Other Methods Not Excluded
Nothing in this ordinance shall be construed as prohibiting or
limiting the abatement of public nuisances or other objectionable
conditions by the Town of Germantown in accordance with the laws of
the state.
5.6 Cost of Abatement
In addition to any other penalty imposed herein for the creation,
continuation or maintenance of a public nuisance, the co f abating a
public nuisance shall be collected as a debt from the owner, occupant
or person causing, permitting or maintaining the nuisance, and if
notice to abate the nuisance has been given to the owner, such costs
may be imposed as a special charge against real property for services
rendered to the property served and become a lien against the property
which it is imposed . The delinquent special charge shall be included
in the current or next tax roll for collection and settlement under
Chapter 74.
5.7 Penalty
Any person who shall violate any provision of this Ordinance shall be
subject to a forfeiture of $200. first offense, $400. Second Offense,
$600 Third Offense, $800. Fourth Offense and $1000. for the Fifth and
beyond Offense not more than a thousand dollars. A separate offense
shall be deemed committed on each day on which the violation occurs or
continues.
Section 6 Severability
If any provision of this ordinance is invalid or unconstitutional, or
if the application of this ordinance to any person or circumstance is
invalid or unconstitutional, such invalidity or unconstitutionality
shall not effect the provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional
provision or application.
Section 7 Effective Date
This ordinance shall take effect upon its passage and one day after
publication as provided by
law.
ADOPTED by the Town Board of the Town of Germantown, Juneau County,
Wisconsin, this 11 th day of July 2000.
Chairman – Wayne Potter Supervisor – Robert Brainerd Supervisor –
Rosetta Boyle Supervisor – Wilmer (Bud) Kass Supervisor – Richard
Mazzoni Attest Clerk – Marion L. Uphoff
Amended this ____ day of May, 2009Chairman – William Jax Supervisor –
Rosetta Boyle
Supervisor – Steve Gillespie Supervisor – Michael Poe Supervisor–
David Specht
Clerk/ Treasurer – Betty Manson Published this ____ day of May, 2009
Discuss FERC v/s Power Company v/s Town
Mr. Merk – spite changing definition of fence to be broad, leave up to
Bill Bruce, not overly restrictive.
Mrs. Miller- discussed height of fence not to go over 6 ft. Screen
Pool-that is adequate.
Mr. Merk – 100 ft strip should be available for public access.
Mr. Bruce- That is controlled by the State and Fed’s FERC rule it.
Wisconsin River Power Service owns the land.
Mr. Michael Poe – Town can regulate some.
Mr. Merk – Fence Ordinance should be forwarded to WPS and FERC-
protect our property.
Mr. Michael Poe – FERC property- work with the Township.
Mr. Bean – When FERC takes action the Town should be on the list to
notify us.
Mr. Specht – Town chairman is who correspondence should be sent to.
Fencing is proposed for Ordinance 22.
Michael Poe-question if Mr. Bruce is comfortable with the 6 ft size.
Mr. Bruce- yes.
Mr. Bean- Who makes the Ordinances?
Mr. Bruce explained that the Plan Committee makes recommendations to
the Board for Zoning Ordinances.
Mr. Bean questioned how to appeal. Discussion.
Committee agreed - Sec 5 is Board of Appeals. # 3 question becoming
“Conditional Use”. Take out “is a conditional Use and”
Mr. Bruce- look at change from Mr. Curran- do we agree.
34 Nuisance proposed changes- extensive changes.
Mr. Poe – Ordinance 22 change made to 2- max 6 sq. ft.
Mr. Bean – Plan Committee not a governing body responsible for
amendments – can make recommendations.
Mr. Bean- Conditional Use take language out
Mr. Merk made a motion to recommend an approval of the Amended Version
of Ordinance 22 to the Town Board. Second Mrs. Miller. Motion
carried.
Discuss State Statues.
Sign Ordinance- 6 square feet
Mr. Bean questioned if existing signs are exempt.
Mr. Bruce- Yes.
Motion made by Mr. Michael Poe to refer Amended Sign Ordinance 23 to
the Town Board. 2nd Mr. Collis. Motion carried.
Public Hearing will have to be held for changes to Ordinance 22.
Recommend June 9 at 6:45.
Mr. Specht-Planning Committee will meet June 9, before the Town Board
Meeting at 5:30
The public hearing was an information gathering meeting.
Mr. Bruce has received a request for modifications for the SIP to
Copperpoint. Paper work is on his desk. Also reported was that Mr.
Curran is out of town and will not be at tomorrow nights meeting.
Mr. Specht reminded everyone that we may have to schedule another
meeting for Rock Island in a few weeks. Depends on how things go at
tomorrow nights meeting and how much is left to go over.
Motion to adjourn was made by Mr. Collis.
Mr. Bean pointed out that the last public hearing was atrocious and we
can not let these hearings get personal. Someone has to control the
Public Hearings. There should be no discussions and they are
information gathering only and people need to know that.
Motion made by Mr. Merk to adjourn. Second by Mr. Collis. Motion
carried.
Respectfully Submitted,
Marion L. Uphoff
Assistant Clerk/ Treasurer