Except as provided in this Section, no land shall be filled, cut or graded within the Village of Edgar nor shall the existing drainage or topographical characteristics of land within the Village be changed without the owner of such land first obtaining authorization from the Public Works Director allowing such filling, cutting or change in drainage or topographic characteristics, as follows:
(a) No Authorization Required for Certain Activities. No authorization shall be required if the filling, cutting, grading or other change in the topographic characteristics of the property involves the placement, removal or movement of not more than twenty (20) total cubic yards of material and will not result in any alteration of the existing drainage of the property.
(b) Authorization From Public Works Department Required For Certain Activities. Authorization from the Public Works Department shall be required if the filling, cutting, grading or other change in the topographic characteristics of the property involves the placement, removal or movement of more than twenty (20) cubic yards, but not more than one hundred (100) cubic yards, of material and will not result in any alteration to the existing drainage of the property. Application requirements are as follows:
(1) Request.
The authorization request shall be to the Public Works Department. The Public Works Department may require the following:
a. A site plan showing the existing and proposed improvements on the property and the areas that will be affected in sufficient detail to allow the Public Works Department to properly evaluate the request.
b. A non-refundable fee as prescribed in Section 1-3-1 for administrative expenses.
(2) Request Denials.
The Public Works Department may deny the authorization request if it determines that:
a. The proposed activity [including any prior activity of a similar nature within five (5) years of the date of the application] involves the placement, removal or movement of more than twenty (20) total cubic yards of material;
b. The proposed activity will alter the existing drainage of the property;
c. The proposed activity will have a material adverse effect on the property, any adjoining property, or the residents of the Village of Edgar; or
d. The proposed activity violates any other standard established by this Section or any other regulation, ordinance or statute.
(3) Notification.
The Public Works Department shall give authorization or notify the property owner of denial within five (5) business days from the receipt of the authorization request.
(4) Appeal of Denials.
A property owner whose application is denied shall have the right to appeal the denial to the Village Board by filing a written notice of appeal with the Village Administrator within fifteen (15) days from the date of the denial.
(c) Permit From Village Board Required For Certain Activities. A permit from the Village Board shall be required if the filling, cutting, grading or other change in the topographic characteristics of the property involves the placement, removal or movement of more than one hundred (100) total cubic yards of material and will not result in any alteration to the existing drainage of the property. Application requirements are as follows:
(1) Application.
The application for such permit shall be made to the Village Admini- strator and shall include a site plan showing all existing and proposed improvements on the property and a topographic map showing the topography of the land both before and after the implementation of the proposed change in the topography of the land with sufficient detail to allow Village of Edgar officials to properly evaluate the application.
(2) Fee.
A non-refundable fee as prescribed in Section 1-3-1 must accompany the application.
(3) Application Denials.
The Village Board shall deny the application if the Village Board determines that:
a. The proposed activity [including any prior activity of a similar nature within five (5) years of the date of the application] involves the placement, removal or movement of more than one hundred (100) total cubic yards of material;
b. The proposed activity will have a material adverse effect on the property, any adjoining property or the residents of the Village of Edgar; or
c. The proposed activity violates any other standard established by this Section or any other regulation, ordinance or statute.
(4) Notification.
The Village Board shall issue the permit or notify the property owner of its denial within thirty (30) days from the receipt of the properly completed application, site plan and topographic map.
(5) Appeal of Denials.
A property owner whose application is denied shall have the right to appeal the denial to Circuit Court after first filing a written notice of appeal with the Village within fifteen (15) days from the date of denial.
(d) Other Requirements And Standards.
The filling or cutting of any property grading or other change in the drainage or topographic characteristics of any property shall also be subject to the following requirements and restrictions:
(1) Impact on Other Properties.
No change shall be made in the existing topography of any property that would alter the existing drainage or topography in a way so as to have a material adverse effect on any other property, except with the written consent of the owner(s) of each affected property.
(2) Alteration of Existing Drainage.
No change shall be made in the existing topography that would alter the existing drainage characteristics of the property in a manner that would divert additional drainage waters onto any highway, sidewalk or public lands without the approval of the Village Board.
(3) Angle of Slopes.
Any slope resulting from the filling, cutting or change in topography of any parcel shall not exceed the normal angle of slippage of the material involved, and shall not exceed a slope of a ratio greater than four (4) horizontal to one (1) vertical within twenty (20) feet of any boundary line of a parcel.
(4) Deposit of Fill in Conservancy Areas.
Fill shall not be deposited in any land within any conservancy zoning district without prior site plan approval of the Village Board.
(5) Deposit of Fill In Wetland Areas.
Fill shall not be deposited in any land designated as a wetland by the Wisconsin Department of Natural Resources (WisDNR), except in full compliance with all applicable regulations, ordinances and statutes.
(6) Deposit of Fill In Floodplains.
Fill shall not be deposited in any land designated as a floodplain by the Federal Emergency Management Agency (FEMA), Wisconsin Department of Natural Resources (WisDNR) or the Village of Edgar, except in full compliance with all applicable regulations, ordinances and statutes.
(e) Construction Activities Exempted. This Section shall not apply to on-site activities such as excavations, filling, cutting, grading, stockpiling and other similar activities undertaken in connection with the construction or alteration of structures for which a building permit has been obtained; provided that such activities are conducted in compliance with the requirements of the building permit and all other permits, requirements, regulations, ordinances and statutes.
(f) Erosion Control Requirements. Any person engaged in filling, cutting, grading or any other activity requiring a permit under this Section shall utilize such silt fencing, erosion barriers, vegetative cover or other measures as shall be reasonably necessary to minimize and erosion resulting from the activity.
(g) Liability To Others. The issuance of a permit under this Section shall not relieve the person conducting the activity from any liability arising out of the activity or subject the Village of Edgar to any liability for such activity.