§ 17-36. Construction of man-made lakes, ponds, and waterways.

The following regulations shall apply to all man-made lakes, ponds, and waterways hereinafter constructed, built, dug, excavated, or otherwise developed within the town.

(1)

Definition and location.

a.

Definition. A "man-made lake, pond, or waterway" is any man-made body of water, including lakes, ponds, lagoons, and reservoirs (excluding tank-type reservoirs which are fully enclosed and contained), that are filled or refilled with water. The term does not include swimming pools, or pre-manufactured landscape ornamental tubs or other man-made water containers planted with aquatic plants.

b.

Location. Man-made lakes, ponds, and waterways may be permitted in any zoning district by conditional use approval.

(2)

Procedure for approval.

a.

The property owner, developer, or assigned agent shall make application with the office of the zoning administrator for conditional use approval and receive an excavation permit to create a man-made water lake, pond, and/or waterway.

1.

Fees will be as follows:

Application fee for conditional use approval ..... $100.00

Conditional use hearing by the mayor and council ..... 175.00

Application for excavation permit ..... 50.00

b.

The town planning and zoning commission will meet to review the application and site plan for conditional use approval and make a recommendation to the mayor and council.

c.

The mayor and council will hold a public conditional use hearing on the request. Following the public conditional use hearing, the mayor and council will make a decision on the request and site plan at a meeting of the mayor and council.

d.

Following the conditional use approval by the mayor and council of the proposed man-made lake, pond, or waterway, the town zoning administrator shall issue an excavation permit for the project in accordance with the conditions and requirements of the conditional use approval established by the mayor and council.

e.

The applicant shall request and obtain the required excavation permit for all man-made lake, pond, and/or waterway development, regardless of size, prior to beginning construction.

f.

An excavation permit will become void, if construction has not begun within three hundred sixty-five (365) days from the date of conditional use approval by the mayor and council. Further, completion of all construction of the man-made lake, pond, or waterway shall be accomplished no later than seven hundred thirty (730) days from the date of conditional use approval by the mayor and council. Failure to complete construction shall be punished in accordance with section 1-8 of the town Code of Ordinances. Each day of violation shall be considered a continuing violation subject to additional fines and penalties.

g.

In the event the construction of a man-made lake, pond, or waterway is part of a subdivision development, the developer/owner/agent shall submit a copy of the filed application for conditional use approval as part of the application for "engineering approval," as prescribed under the town subdivision regulations.

1.

The granting of "engineering approval" by the mayor and council shall not be made until such time as conditional use approval is granted for the construction of the man-made lake, pond, or waterway.

h.

Any alteration of or addition to a man-made lake, pond, or waterway requires conditional use approval in accordance with the provisions set forth herein.

(3)

Site plans. A site plan shall be required for the construction of all man-made lakes, ponds, and waterways. A site plan shall be submitted with the conditional use approval application as part of the application itself. All site plans shall provide the following information:

a.

A map drawn at a minimum scale of one (1) inch to two hundred (200) feet showing the proposed man-made lake, pond, and/or waterway, existing buildings on the property (residential and other), existing natural features of the property (i.e. wetlands, watercourses, topographic features, etc.) and the adjoining property within five hundred (500) feet of the site.

b.

A layout of proposed residential lots and other buildings, if applicable.

c.

The type and location of sanitary facilities to be installed if residential development is to take place or the existing sanitary facility location and type.

d.

Source of water supply for residential dwellings and water level maintenance in the man-made lake, pond, or waterway.

e.

Surface water runoff with two-foot contour topography.

f.

The proposed truck and machinery access to the site.

g.

The approximate amount of earth materials to be excavated from the site.

h.

The proposed method, route, and final destination of the excavated material to be removed in the construction of the man-made lake, pond, or waterway.

The applicant shall submit twelve (12) copies of the required site plan to the town zoning administrator in facilitation of the application for conditional use approval to construct a man-made lake, pond, and/or waterway construction.

(4)

Development standards.

a.

The center portion of any man-made lake, pond, or waterway, other than a fish or wildlife facility, shall be excavated deep enough to maintain a water depth of eight (8) feet.

b.

A man-made lake, pond, or waterway shall be constructed so as to have a bottom slope of not greater than one (1) foot of fall in five (5) feet of travel (5-1).

c.

No man-made lake, pond, or waterway shall be constructed within fifty (50) feet of existing or proposed soil absorption, on-site, sanitary waste disposal system. No man-made lake, pond, or waterway shall be constructed within twenty-five (25) feet of an existing or proposed holding tank, sanitary waste disposal system.

d.

No man-made lake, pond, or waterway shall be constructed within seventy-five (75) feet of any existing or proposed residence, other structure or road right-of-way.

e.

No man-made lake, pond, or waterway shall be constructed within twenty-five (25) feet of any adjacent property line.

f.

The perimeter of the man-made lake, pond, or waterway shall be landscaped and seeded within six (6) months after completion of the excavation.

g.

All excavated material shall be moved from the site or shaped and spread to blend with the natural landforms in the area.

h.

An irrevocable letter of credit in an amount sufficient for completion of the proposed man-made lake, pond, or waterway may be required. The amount and terms of such irrevocable letter of credit shall be determined by the mayor and council for costs associated with the project and to assure completion of the project.

i.

Natural run-off and/or other waterway fed will be the only water sources allowed for the man-made lake, pond, or waterway being constructed.

(5)

Other requirements.

a.

The constructed man-made lake, pond, or waterway shall meet the requirements of the town floodplain ordinance.

b.

A man-made lake, pond, or waterway constructed adjacent to a navigable body of water shall comply with the regulations set forth by the U. S. Army Corps of Engineers and all other local, state, and federal regulations. The applicant shall obtain a determination of navigability from the appropriate state and federal agencies for watercourses in close proximity to or associated with the proposed man-made lake, pond, or waterway. The "determination of navigability" shall be submitted at the time the application for conditional use approval is filed with the office of zoning administrator.

c.

The proposed man-made lake, pond, or waterway shall comply with the requirements of all state and federal authorities. The applicant shall provide proof of compliance at the time the application is made to the town.

d.

The ground water table in the surrounding area and adjacent to the proposed man-made lake, pond, or waterway shall be protected.

e.

The mayor and council may, at its discretion, require fencing in areas of expected future development.

f.

The mayor and council retain the right to require any other and/or future restrictions as deemed necessary to protect the health, safety, and welfare of the citizens of the town.

g.

The town retains the right to have access to the site for inspection. Such inspections shall be made at any time, at the discretion of the town, prior to the start of construction, during construction, and/or before completion.

h.

Variances. Where an applicant for conditional use approval can show that a provision of this section would cause an unnecessary hardship if strictly adhered to because of topographical or other conditions peculiar to the site, and if, in the opinion of the mayor and council, a departure may be made without destroying the intent of such provision, the mayor and council may authorize a variance. Any variance thus authorized is required to be entered in writing on the "excavation permit" and the reason which justified the departure to be set forth.

(6)

Ownership and maintenance of man-made lakes, ponds, or waterways. Man-made lakes, ponds, or waterways shall be privately owned and maintained in accordance with the terms and conditions imposed in the granting of the necessary approvals and permits. The town shall not have any obligation to repair, keep up, or otherwise maintain the man-made lake, pond, or waterway unless approved in writing by the mayor and council.

(Ord. No. 612, 6-8-10; Ord. No. 670 , 3-8-16)