Chapter 15.05
GENERAL PROVISIONS
Sections:
15.05.040 Wisconsin Uniform Dwelling Code adopted.
15.05.050 Building inspector – Generally.
15.05.060 Building inspector – Powers.
15.05.100 Submission of plans.
15.05.110 Occupancy permit for new construction.
15.05.120 Maintenance of construction site.
15.05.140 Driveway/culvert installation.
15.05.150 Demolition, condemnation.
15.05.200 Violation – Penalty.
15.05.010 Authority.
This chapter is adopted under the authority granted by Wis. Stats. Section 101.65. [Code 2002 § 10-1.]
15.05.020 Purpose.
The purpose of this chapter is to promote the general health, safety and welfare. [Code 2002 § 10-2.]
15.05.030 Scope.
(a) 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, and the razing or moving of buildings.
(b) Specifically excluded are children’s play structures, commercial buildings, and multifamily dwellings. Also excluded, regardless of value, are re-siding, reroofing, and cosmetic finishing of interior surfaces.
(c) 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. [Ord. dated 5/21/2013-2 § 2. Code 2002 § 10-3.]
15.05.040 Wisconsin Uniform Dwelling Code adopted.
The Wisconsin Uniform Dwelling Code, Wis. Admin. Code Chs. SPS 320 through 325, is adopted and incorporated by reference and shall apply to all buildings within the scope of this chapter. Any future amendments, revisions or modifications shall become part of this chapter without further action by the town board. [Ord. dated 5/21/2013-2 § 3. Code 2002 § 10-4.]
15.05.050 Building inspector – Generally.
There is hereby created the position of building inspector, who shall administer and enforce this chapter and shall be certified by the Wisconsin Division of Safety and Professional Services, as specified by Wis. Stats. Section 101.66(2), in the category of Uniform Dwelling Code construction inspector. The building inspector shall be appointed by the town board. [Ord. dated 5/21/2013-2 § 3. Code 2002 § 10-5.]
15.05.060 Building inspector – Powers.
The building inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the building inspector or his agent while in the performance of his duties. [Ord. dated 5/21/2013-2 § 4. Code 2002 § 10-6.]
15.05.070 Inspections.
(a) The following inspections shall be requested 48 hours in advance by the applicant/contractor or property owner as applicable.
(1) Footing/foundation.
(2) Rough carpentry, HVAC, electric and plumbing.
(3) Draintile/basement floor.
(4) Insulation.
(5) Final occupancy, HVAC, electric and plumbing.
(b) Failure to request any inspection will be the responsibility of the contractor and/or property owner. [Code 2002 § 10-7.]
15.05.080 Building permit required.
Repealed by ord. dated 5/21/2013-2. [Code 2002 § 10-8.]
15.05.090 Records.
The building inspector shall perform all administrative tasks required by the department under Wis. Admin. Code Chs. SPS 320 through 325. In addition, the building inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance. The building inspector shall periodically update the town board as to the status of building permits. [Ord. dated 5/21/2013-2 § 3. Code 2002 § 10-9.]
15.05.100 Submission of plans.
Two sets of building plans shall be submitted to the building inspector for any work which expands the size of a building, any new building, or as required by the building inspector. If a new building or building addition is proposed, then a plot plan showing such proposed work and existing buildings and property lines shall be submitted. [Ord. dated 5/21/2013-2 § 5. Code 2002 § 10-10.]
15.05.110 Occupancy permit for new construction.
If no noncompliances are found by the building inspector, then the building inspector shall issue an occupancy permit after the final inspection of a new one- or two-family dwelling. If minor noncompliances other than health or safety items are in existence, the inspector may issue a temporary occupancy permit for a specified term. Occupancy may not be taken until an occupancy permit is issued. [Code 2002 § 10-11.]
15.05.120 Maintenance of construction site.
Yards shall be kept free of weeds, construction debris, trash or open storage during construction. [Code 2002 § 10-12.]
15.05.130 Fees.
At the time of building permit application issuance, the applicant shall pay fees as established periodically by the town. If work commences prior to permit issuances, double fees may be charged by the building inspector. [Code 2002 § 10-13.]
15.05.140 Driveway/culvert installation.
(a) Culverts. Culverts necessary for proper drainage shall be installed after elevation and location are obtained from the town board. The minimum length of any culvert installed in any roadbed shall be 40 feet in length; however, the diameter and length of such culvert shall be subject to approval by a road maintenance employee of the town designated by the town board as the town’s highway officer, after the amount of flowage is determined. Secondary culverts installed in any lateral trenches will be of a size and length determined by the town board. The town board may require end sections upon all culverts, and any additional erosion controls deemed necessary by the town board.
(b) Approval Required for Driveway Construction – Fee. No person shall construct or maintain any driveway leading into a public highway or town road without first obtaining a driveway permit 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.
(c) Specifications for Driveway Construction.
(1) Width. No driveway shall exceed 36 feet in width at the road or edge.
(2) Interference with Intersections Is Prohibited. At road intersections a driveway shall not provide direct ingress or egress to or from the road intersection area and shall not occupy areas of the roadway deemed necessary by the town board for effective traffic control or for highway signs or signals.
(3) Interference with Road. No driveway shall extend out into the road further than the roadway, and under no circumstances shall such driveway apron extend into the surface area. All driveway entrances shall be so constructed that they shall not interfere with the drainage of roads, side ditches, or roadside areas or with any existing structure on the right-of-way. When required by the town board to provide for adequate surface water drainage along the road, the property owner shall provide any necessary culvert pipe at his own expense. At a distance of 12 feet from the adjacent roadway the finished grade of a driveway shall be four inches below grade of the adjacent roadway, where possible.
(4) Number of Access Points Limited. The permittee shall be limited to the access point as designated by the town board after inspection of site and written approval of such site location and limitation of size, construction and maintenance. The driveway shall be near as possible at a right angle to the roadway and shall be so located that there is a minimum of 400 feet of sight distance along the road in each direction unless otherwise approved by the town board. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway entrances. Side ditches and roadside areas shall be restored in a neat, workmanlike manner. Driveway surface shall connect with the road pavement in a neat, workmanlike manner. [Ord. dated 5/21/2013-2 §§ 6, 7. Code 2002 § 10-16.]
15.05.150 Demolition, condemnation.
The town board has the authority to condemn any building that is deemed unsightly or not livable. The town board reserves the right to order removal or restoration in a given length of time. [Code 2002 § 10-17.]
15.05.160 Enforcement.
This chapter shall be enforced by the town board and the building officer. [Code 2002 § 10-18.]
15.05.170 Amendments.
This chapter may be amended from time to time by the town board in the same procedure in which the ordinance from which this chapter was derived was originally adopted. [Code 2002 § 10-19.]
15.05.180 Building permits.
No building or structure or any part thereof, being used for residential purposes or agricultural purposes, shall hereafter be built, enlarged or altered within the town unless a permit shall first be obtained by the owner or his agent from the building officer, upon payment of a fee designated under the town’s fee schedule, which shall be adopted by the town board by resolution. [Ord. dated 5/21/2013-2 § 8. Code 2002 § 10-51.]
15.05.190 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is held to be unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase of this chapter. The town board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional. [Code 2002 § 10-15.]
15.05.200 Violation – Penalty.
(a) The enforcement of this chapter and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25.00, nor more than $1,000 for each day of noncompliance.
(b) If violations are not corrected but work continues on a specified project, the town board has given authority to the building inspector to place a stop work order on such project. [Code 2002 § 10-14.]