Chapter 58
EXCAVATIONS
[HISTORY: Adopted
by the Village Board of the Village of Holmen 2-14-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 29.
Streets and sidewalks — See Ch. 159.
§ 58-1. Excavation permit required.
A. In addition to any other requirements imposed by the Village of
Holmen, County of La Crosse, and State of Wisconsin, any property owner, land
developer, or any other person, "person" herein defined to include
any individual, partnership, association, or corporation including public
utilities, shall be required to obtain a written excavation permit from the
Village of Holmen, Village of Holmen Clerk, before grading, stripping, or
disturbing the terrain of any land within the Village of Holmen except for those
lands used for agricultural purposes.
B. Any applicant for such a permit shall consult with the
appropriate village officials or their designees for assistance in determining
the measures necessary to minimize on-site environmental damage in a manner and
time frame consistent with approved soil conservation techniques. Prior to the
issuance of an excavation permit, the Village Board of the Village of Holmen
may, at its discretion, after taking into consideration the nature and size of
the excavation, stripping, or grading project, require an agreement from the
property owner, land developer, or any other person as heretofore described
specifying the measures to be taken to restore the terrain to an acceptable
condition within recognized soil conservation standards. In order to ensure
compliance with said agreement the Village Board of the Village of Holmen may,
at its discretion, require a bond or other surety to ensure compliance with the
requirements and conditions of such an agreement, the amount of which bond or
surety shall depend upon the size of the excavation, stripping, or grading
project.
§ 58-2. Restoration of public areas.
Any property owner,
developer, or any other person as heretofore defined is further required to
promptly and completely restore to a state at least as good as previously
existing any part of any village road, easement, right-of-way or other public
areas in the following respects:
A. The proper restoration of surface water flow courses, slopes and
banks, including adequate sodding and seeding thereof, in accordance with
acceptable soil conservation practices as adopted by the La Crosse County Soil
and Water Conservation District and the Village Board of the Village of Holmen.
B. The proper replacement of any existing culverts or culvert
structures which may have been moved or disturbed.
C. The proper restoration of any lands, including tamping and
adequate seeding or sodding thereof, which have been disturbed by utility lines
placed on any town road, public easements, rights-of-way, or any other public
areas.
§ 58-3. Exemption.
Any contractor,
individual, partnership or corporation with a valid building permit issued by
the Village of Holmen Building Inspector shall be exempt from the requirement
of this chapter for any excavation done on the land covered by the building
permit.
§ 58-4. Violations and penalties.
Any person, firm, partnership, association, or corporation violating this chapter shall upon conviction thereof forfeit not less than $200 nor more than $500 together with the cost of prosecution thereon, and in default of payment of said forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, not to exceed 30 days for each violation. Each day the violation continues shall be deemed a separate offense under this chapter.