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ORDINANCE NO. 57
PIER ORDINANCE

An Ordinance to repeal and recreate Ordinance No. 57 of the Town of Geneva Ordinances, the Pier Ordinance.

The Town of Geneva, Wisconsin Board does hereby ordain that the following become a Pier Ordinance governing the construction and installation of piers on Como Lake.

Section 1. Adoption.

Adoption of the standards included in this Ordinance is under the jurisdiction of the Town of Geneva. Standards defined herein comply with the State of Wisconsin Statutes 281.31. General Shoreland Zoning and Chapter 30.13(2), stats., et. seq. Wharves, Piers and Swimming Rafts. Reference Department of Natural Resources Chapter NR 326.

Section 2. Purpose and Intent.

The purpose and intent of the standards defined herein are to minimize the adverse effects of pier construction and to reduce conflict between adjacent riparians by identifying the riparian owner's uses of the water within their respective riparian zone in order to promote and maintain the health, safety, and welfare of the residents of the Town of Geneva.

Section 3. Compliance.

A. All permanent pier construction and placement of all seasonal piers shall comply with this Ordinance.

B. Pier construction which exceeds the standards defined in this Ordinance is prohibited. Persons for whom compliance imposes extraordinary hardship may apply for a variance.

C. Separate written citations shall be issued for non-compliance with each regulation (e.g., if a pier is too wide and too long, these are separate violations). The citations shall be issued by receipt-return mail. The time penalties will be determined by the date of receipt. Each violation shall carry the following penalties.

1. The initial citation shall be a warning, allowing ten (10) calendar days for compliance. Non-compliance within ten (10) days will result in a second citation.

2. The second citation occurring in a calendar year shall carry a fine of not less than One Hundred ($100.00) Dollars, and not more than Two Hundred ($200.00) Dollars, with five (5) calendar days for compliance. Non-compliance within 5 days will result in a third citation.

3. The third citation in a calendar year shall carry a fine of not less than Two Hundred Fifty ($250.00) Dollars and not more than Five Hundred ($500.00), and immediate removal of the structure in violation. If the structure is not removed by the owner, it will be removed by the Town of Geneva Road Department at the owner's expense.

4. Enforcement shall be carried out by the Police Department of the Town of Geneva.

Section 4. Written Notification of the Intent to Construct or Place a Pier

The property owner of record must file a one-time written notification to the Town of Geneva of intent to construct or install a pier at least ten (10) working days prior to installation. A fee of Five ($5.00) Dollars shall be assessed to cover costs. The form for application is available at the Town Hall. Piers may not be constructed or installed before April 1st and must be removed by November 1st.

Section 5. Pier Construction Standards

A. Number of Piers: The total number of piers for each owner of residential property (Zoned R-1) is limited to one pier for the first 35 feet of shoreline and one for each additional 60 feet of shoreline. Shoreline frontage shall be measured as a straight line connecting the points where side property boundary lines meet the ordinary high-water mark.

B. Location of Piers:

1. All piers and moored watercraft shall be set back at least 5 feet within the owner's riparian zone.
2. Minimum distance between piers shall be 30 feet.
3. A pier may not isolate portions of water.

C. Pier Length: A pier may not exceed 50 feet in length.

D. Pier Width: The width of a pier may not exceed 6 feet except for those built on rock-filled cribs or similar foundations or solid structures for which a permit has been received from the Town of Geneva.

E. Color and Lighting of a Pier:

1. All piers shall be visually inconspicuous as viewed against the shoreline.

2. Piers may include reflective white, amber, or blue safety markers no larger than 5 inches in diameter.

3. Any light on a pier used for the purpose of facilitating docking or additional safety must project downward and shall be white or yellow.

4. Intermittent lighting on a pier is prohibited.

5. All electrical installations must conform to Code.


Section 6. Marina and Property Owners' Associations Facilities and Structures

Where lands are zoned for business or are owned by the Town of Geneva or by Property Owners' Associations, all standards in Section 4 through Section 5 shall apply with the following exceptions:

A. Pier Length: Five 100-foot piers may be placed within the riparian zone; two for the Lake Como Beach Property Owner’s Association and one each for the three existing north lake shore businesses, to allow for multiple watercraft docking.

B. Pier Width: Maximum width for the single 100-foot pier shall be 8 feet.

C. Pier Set-Back: All piers and moored watercraft shall be set back at least 15 feet within the respective owner's riparian zone.

Section 7. Severability.

If any Section, Subsection, Sentence, Clause, or Phrase of this Ordinance is for any reason held to be invalid or 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 hereof. The Town Board of the Town of Geneva hereby declares that it would have passed this Ordinance 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.

Section 8. Effective Date.

This Ordinance shall take effect from and after its adoption by the Town Board and upon posting a publication thereof as provided by the Statutes of the State of Wisconsin.

Adopted the 8th day of June, 2009.

THE TOWN BOARD OF THE TOWN OF GENEVA,
WALWORTH COUNTY, WISCONSIN

______________________________
Daniel L. Lauderdale, Chairman

______________________________
Bob Kamps, Supervisor #1

______________________________
Keith Millard, Supervisor #2

______________________________
Trish Fahey, Supervisor #3


______________________________
Steve Kukla, Supervisor #4


ATTEST:

______________________________
Debra L. Kirch, Clerk/Treasurer

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January 1, 2010 Ordinance 57 - Pier Ordinance

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