Chapter 27
BUILDING CONSTRUCTION
[HISTORY: Adopted
by the Town Board of the Town of Troy 9-8-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Farmland and open space preservation — See Ch.
52.
Impact fees — See Ch. 70.
Roads and driveways — See Ch. 125.
Subdivision of land — See Ch. 135.
Utilities — See Ch. 149.
Zoning — See Ch. 170.
§ 27-1. Adoption of Wisconsin Uniform Dwelling Code.
The Uniform Dwelling Code
(UDC), Wisconsin Administrative Code Chapters COMM 20 to 25, and all amendments
thereto are adopted and incorporated in this chapter by reference and shall
apply to all buildings within the scope of this chapter. A copy of the code is
on file with the Town of Troy and with the Town Building Inspector.
§ 27-2. Adoption of Plumbing, Electrical and
Flammable Materials Codes; enforcement. [1]
Chapters COMM 82 to 84,
Plumbing Code, Wisconsin Administrative Code, Chapter COMM 16, Electrical Code,
Wisconsin Administrative Code, and Chapter COMM 10, Flammable and Combustible
Liquids, Wisconsin Administrative Code, and all amendments thereto in effect on
the date of the adoption of this chapter are hereby adopted and made part of
this chapter by reference and are applicable to all those classes of buildings
to which said codes apply. Copies of said codes are available online and in the
office of the Town Building Inspector. The State Building Inspector has primary
responsibility for enforcing the commercial codes designated herein.
Requirements related to flammable materials will be enforced by a designated
representative of the appropriate fire department.
§ 27-3. Building permit for public buildings and
places of employment.
No person shall build or
cause to be built any new public building or place of employment or any
alteration or addition to an existing public building or place of employment
without first obtaining a building permit therefor from the Building Inspector.
This permit will be issued after receipt of state-approved plans (if
applicable), proof of obtaining all necessary sanitary permits (if applicable),
and compliance with all proper zoning and setbacks as specified in Chapter 135,
Article I, Subdivision Regulations, of this Code and all applicable state,
county, and extraterritorial regulations.
§ 27-4. Effect on existing dwellings.
Chapters COMM 20 to 25,
Wis. Adm. Code, shall apply to additions or alterations to existing dwellings
within the Town of Troy.
§ 27-5. Building Inspector.
There is hereby created
the position of Building Inspector, who shall administer and enforce this
chapter and shall be certified by the Division of Safety and Buildings, as
specified by § 101.66(2), Wis. Stats., in the category of UDC Construction
Inspector and in the certification categories of UDC HVAC, UDC Electrical and
UDC Plumbing.
A. Appointment. The Building Inspector shall be appointed and
confirmed by the Town Board and shall serve until removed by the Town Board.
B. General powers and duties. The Building Inspector shall
administer and enforce all provisions of this chapter and the UDC. The Building
Inspector may at all reasonable times enter upon any public or private premises
for inspection purposes. No person shall interfere with the Inspector while in
the performance of the duties described herein.
C. Records. The Building Inspector shall keep a record of all
permit applications issued, to be housed in the Town office. The permits shall
be marked in order and shall coordinate with the seal numbers purchased from
the state. The records shall also detail number, description, size, cost,
materials used and the aggregate cost of all UDC construction. A record shall
be kept of all condemned structures and their removal.
D. The Building Inspector shall have the power and the duty to see
that the construction, reconstruction, alteration, repair, removal and safety
of buildings and moving regulations regarding buildings in the Town of Troy
conform to the laws of the State of Wisconsin, the orders, rules and
regulations of the Department of Commerce of the State of Wisconsin, and the
ordinances, rules and regulations of the Town of Troy and to make all
inspections as required.
§ 27-6. Repealer.
Any existing ordinances
pertaining to the construction of new dwellings or alterations of existing
dwellings that conflict with the Uniform Dwelling Code are hereby repealed. All
the ordinances or parts of ordinances in conflict with any of the provisions of
this chapter are hereby repealed.
§ 27-7. Building permit required.
No person shall excavate,
build or cause to be built any new one- or two-family dwelling, or any addition
or alteration to an existing one- or two-family dwelling, or any swimming pool,
accessory or other separate auxiliary building or commercial or industrial
structure of any type whatsoever without first obtaining a Town building
permit. No person shall build or cause to be built any public buildings or
place of employment without first obtaining a Town building permit. The
building permit application shall be furnished by the Town. A copy of such
permit shall be filed with the Town Building Inspector and the St. Croix County
Zoning Administrator.
§ 27-8. Application for building permit.
A. Application for a building permit shall be made in writing upon
a form furnished by the Building Inspector. The appropriate building
requirements of the Town and, where applicable, of the county or state for the
contemplated improvement shall be provided to the permit applicant by the
Building Inspector at or before the submission of an application for a building
permit.
B. Plans and drawings. The building permit applicant shall submit
with the application two complete sets of plans and specifications, including
any removal, placement or moving of earth, shrubs or trees. Also to be included
in the plans is a plan of all final ground site work. A site plan shall be
presented that has been stamped and signed by a licensed land surveyor
verifying that all building setbacks shown on the plan have been staked by the
land surveyor, unless waived by the Building Inspector, and that all parts of
the proposed site plan are in compliance with the Town of Troy setback
requirements or, if not, the reasons for the nonconformity and a variance
application if needed. Two sets of all plans shall be submitted to the Building
Inspector for examination and approval.
C. County permits. The applicant must obtain any permits required
by St. Croix County and include copies of such permits with the building permit
application.
D. Driveway permits. The building permit applicant shall submit a
driveway permit with the application, which shall be applied for and obtained
from the Town at or prior to making application for a building permit.
E. Approval of plans and issuance of building permit. If the
Building Inspector determines that the proposed building, addition or
alteration will comply in every respect with all the ordinances of the Town and
all applicable laws and regulations of the State of Wisconsin and is not in
violation of the St. Croix County Subdivision Ordinance or extraterritorial
zoning requirements, where applicable, he/she shall conditionally approve the
plans and issue a building permit, and such building permit shall also
constitute a land use permit. After being approved, the plans and
specifications shall not be altered in any respect which involves any of the
above-mentioned ordinances, laws or regulations or which involves the safety of
the building or occupants. One copy of the approved plans shall be returned to
the applicant. One copy shall be retained by the Town Building Inspector.
F. State Uniform Dwelling Code seal. For one- or two-family
dwellings, at such time a building permit is issued, it shall have affixed to
it a State of Wisconsin Uniform Dwelling Code seal.
G. Town Plan Commission approval. Building permits issued in the
St. Croix Riverway District and all commercial sites in the Town shall have a
stamp of approval by the Town Plan Commission applied to both sets of plans
before a building permit is issued.
§ 27-9. Issuance of building permit; occupancy
permit.
A properly issued building
permit shall be posted in a conspicuous place at every building site where
required, including sites of additions or alterations, and be visible from the
public access.
A. Permit lapse. A building permit shall expire two years after
issuance.
B. Occupancy permit.
(1) The Town Building Inspector shall issue occupancy permits when
all inspections shall have been satisfactorily completed, all required fees
shall have been paid and all required terms of this chapter shall have been
met.
(2) No single- or multiple-family dwelling may be occupied by any
person or party until an occupancy permit has been issued.
§ 27-10. Disapproval of plans and denial of permit.
If the Building Inspector
determines that the building permit application or plans do not conform to the
provisions of the applicable codes or ordinances or other requirements,
approval shall be denied.
A. Denial of application. A copy of the denied application,
accompanied by a written statement specifying the reasons for the denial, shall
be sent to the applicant and to the owner as specified on the application.
B. Appeals. The applicant may appeal a denial of an application to
the Town Board.
C. Time of permit issuance. Action to approve or deny a building
permit application shall be completed within 10 business days of receipt of all
the forms, fees, plans and documents required to process the application.
Action on these permits will be at the next scheduled meeting.
§ 27-11. Permit fees; building permit not required for
minor repairs.
The building permit fees
shall be set by the Town Board and may be changed from time to time. A copy of
the current fee schedule is on file with the Town Clerk-Treasurer.
A. Fees. All required Town fees shall have been previously paid or
shall be submitted to the Building Inspector when the building permit
application is filed or before the permit is issued. This may include a
building permit, driveway permit, impact fees or other fees as applicable to
the building permit applicant.
B. Minor repairs.
(1) Minor repairs or alterations costing less than $2,000 in a
twelve-month period and that do not change occupancy area, structural strength,
fire protection, exits, natural light or ventilation do not require a building
permit. The Building Inspector will determine what constitutes such a repair or
alteration.
(2) Replacement or repair of roofing may be done without a permit.
§ 27-12. Compliance with building permit.
All construction must
comply with the building permit and the plans submitted with the building
permit application. Any construction which is not authorized on the building
permit, blueprint, or site plan or is not listed on the building permit
application is a violation of the permit and subject to the violations and
penalties in § 27-14.
§ 27-13. Unsafe buildings.
If a building is so old,
nonhabitable or dilapidated and so out of repair as to be dangerous, unsafe or
unsanitary or so that it would be unreasonable to repair, the Building
Inspector shall order the owner to raze or remove the building at the owner's
expense. Such order will be issued pursuant to § 66.0413, Wis. Stats.
§ 27-14. Violations and penalties.
When the Building
Inspector cites violations of this chapter or the UDC, the violations shall be
promptly corrected. All written violations shall be corrected within 30 days
unless an extension of time is granted pursuant to Sec. COMM 20.21 of the UDC.
A. Stop-work order: If written violations are not corrected within
30 days, the Building Inspector shall issue a stop-work order to the owner. The
stop-work order shall be posted at the construction site. Upon issuance of a
stop-work order, all construction on the site shall cease except for the
construction necessary to correct the violation. The stop-work order shall be
posted on the building permit and on the building.
B. Penalties.
(1) Any person, firm, corporation, including a property owner,
contractor, or construction worker, in violation of this code or the UDC shall,
upon conviction, be subject to a forfeiture in an amount established in Chapter
39, Citations, of this Code, together with the cost of the prosecution. Each
day that such violation continues will constitute a separate offense. If any
violator is in default of payment of such forfeiture and the cost, he/she shall
be imprisoned in the county jail until payment of such forfeiture and costs,
but not exceeding 30 days for each violation. In any such action, the fact that
any permit was issued shall not constitute a defense, nor shall any error, oversight
or dereliction of duty on the part of the Town officials constitute a defense.
(2) The building permit fee for a building permit for work begun
without a permit shall be double the regular permit fee.
(3) The act of applying for a building permit constitutes consent to
the issuance of any injunction needed to enforce a stop-work order.
C. The enforcement of this section and all other laws and
ordinances relating to building shall be by means of the withholding of
building permits, imposition of forfeitures and/or injunctive action.
§ 27-15. Revocation of permit.
A. If the Building Inspector finds at any time that the provisions
of this chapter are not being complied with and that the holder of the permit
refuses to conform after a written warning or instruction has been issued to
him, he/she shall revoke the building, electrical or plumbing permit by written
notice posted at the site of the work.
B. When any permit is revoked, no further work shall be done until
the permit is reissued, except such work as the Building Inspector may order as
a condition precedent to the reissuance of the permit or as he/she may require
for the preservation of human life and safety.
§ 27-16. Inspections.
All inspections for the
purpose of administering and enforcing the UDC and this chapter shall be
performed by a certified inspector who shall conduct inspections according to
the respective codes being applied and enforced.
A. Notification. The builder shall notify the Inspector of all
inspections required by the UDC, Sec. COMM 20.10, 48 hours in advance.
B. Witness to inspection. It is required and recommended that a
representative of the developer, contractor, builder or owner be present at
each required inspection. It shall be the responsibility of the developer,
contractor, builder, or owner to coordinate inspection times and dates with the
Building Inspector.
C. Reinspections. Any reinspections necessary due to incomplete
work or noncomplying conditions shall require an additional fee per inspection
as set forth in the current fee schedule on file with the Town Clerk-Treasurer,
to be paid in full prior to the issuance of the occupancy permit.
§ 27-17. Variances.
A. Application. Property owners or their representatives may apply
for an individual variance from the UDC or this chapter on an application filed
with the Building Inspector and on forms provided by the Building Inspector.
B. Required information and fee. The following items shall be
submitted when requesting a variance:
(1) A clear and concise written statement of the specific provisions
of the code or this chapter for which a variance is requested, together with a
statement of the procedures and materials to be used if the variance is
granted.
(2) A fee for processing the application, the amount of which is set
forth in the current fee schedule on file with the Town Clerk-Treasurer and as
may be modified from time to time by Town Board action.
C. The Building Inspector shall forward the application together
with his/her written recommendation and the reasons therefor to the Town Board.
§ 27-18. Appeals.
No appeal to the
provisions of this chapter shall be granted by the Town Board unless it finds
beyond a reasonable doubt that all the following facts and conditions exist and
so indicates such in the minutes of the proceedings:
A. Preservation of intent. No appeal shall be granted that is not
consistent with the purpose and intent of this chapter.
B. Exceptional circumstances. There must be exceptional,
extraordinary or unusual circumstances or conditions present constituting
hardship so that the granting of the appeal will not be so general or recurrent
in nature as to suggest that this chapter should be changed.
C. Hardship. No appeal shall be granted solely on the basis of
economic gain or loss. Self-imposed hardships shall not be considered as
grounds for the granting of an appeal.
D. Absence of detriment. No appeal shall be granted that will
create substantial detriment to adjacent property or that will materially
impair or be contrary to the purpose and spirit of this chapter or the public
safety and interest.
E. Decision. The Town Board shall transmit its meeting minutes and
decisions in writing to the Town Clerk-Treasurer within seven days of the
hearing.
F. Review by the court of record. Any person or persons aggrieved
by any decision of the Town Board may file in St. Croix County Circuit Court a
petition, duly verified, setting forth an allegation that such decision is
illegal and specifying the grounds of the illegality. Such petition shall be
commenced within 30 days after filing of the decision with the Town
Clerk-Treasurer.
§ 27-19. Swimming pools.
A. Permit required. A permit shall be required for any swimming
pool with a capacity of 5,000 or more gallons.
B. Application. An application for a building permit shall show:
(1) Type and size of pool.
(2) Site plan to include:
(a) Location of pool.
(b) Location of house, garage, fencing, well, drain field, and
septic tank on the lot.
(c) Location of filter unit, pump and wiring (involving location).
(d) Location of backflush and drainage outlets.
(e) Grading plan, finished elevations and final treatment (decking,
landscaping, etc.) around pool.
(f) Location of existing overhead or underground wiring, utility
easements, trees and similar features.
C. Single-family and two-family districts.
(1) Pools for which a permit is required shall not be located within
25 feet of any side or rear lot line or within 10 feet of any principal
structure or frost footing. Pools shall not be located within any required
front yard or within 15 feet of a septic tank or 25 feet of the well.
(2) Pools shall not be located beneath overhead utility lines or over
underground utility lines of any type.
(3) Pools shall not be located in or on any easement of any private
or public utility, walkway, drainage area or other easement.
(4) For in-ground pools, due precautions shall be taken during the
construction period to:
(a) Avoid damage, hazards or inconvenience to adjacent or nearby
property.
(b) Assure that proper care shall be taken in stockpiling excavated
material to avoid erosion, dust or other infringement onto adjacent property.
(5) To the extent feasible, backflush water or water from pool
drainage shall be discharged on the owner's property or into approved public
drainageways. Water shall not drain onto adjacent or nearby private land
without written permission of owner thereof.
(6) The filter unit, pump, heating unit and any other noisemaking
mechanical equipment shall be located at least 30 feet from any adjacent or
nearby residential structure or shall be enclosed in a sound-restrictive
enclosure, not closer than 25 feet to any lot line.
(7) Lighting for the pool shall be directed into or onto the pool and
not onto adjacent property.
(8) A nonclimbable safety fence of at least four feet in height from
grade shall completely enclose the pool or other reasonably equivalent
structural measures taken to prevent animals or small children from
accidentally falling into it.
(9) Required safety fencing shall be installed immediately upon
completion of the pool and before beginning to fill with water.
(10) Water in the pool shall be maintained in a suitable manner to avoid
health hazards.
(11) All wiring, lighting, installation of heating unit, grading,
installation of pipes, and all other installations and construction shall be
subject to inspection by the Building Inspector.
(12) There shall be no nuisance, such as undue noise, lighting onto
adjacent property, health and safety hazards, damage to nearby vegetation, etc.
(13) Drainage of pools into public streets, public roads, or other
public drainageways shall require permission of the Town Chairperson.
§ 27-20. Definitions.
As used in this chapter,
the following terms shall have the meanings indicated:
BUILDING — Includes but is
not limited to any structure having a roof supported by columns or walls used
or intended to be used for the shelter or enclosure of persons, animals,
equipment, machinery, materials or any type of vehicles, tractors or
semitrailers.[2]
COMM — Abbreviation for
Department of Commerce, State of Wisconsin.
DWELLING — Includes but is
not limited to a building or sections of a building or other residential
structure devoted to the shelter of one family or a detached building
containing two separate dwelling (or living) units, designated for occupancy by
not more than two families.
STRUCTURE — Includes but
is not limited to any mechanical erection or construction, such as a building,
towers, masts, poles, decks, booms, signs, decoration, carports, machinery and
equipment.
SWIMMING POOL — Includes
but is not limited to all swimming pools (both above ground and in-ground),
spas, and hot tubs that require ground to be broken and/or excavation for their
installation or that exceed 5,000 gallons.
UDC — Abbreviation for
Uniform Dwelling Code.
§ 27-21. Nonliability of Town.
This chapter shall not be
construed as creating or assuming any liability on the part of the Town or its
officials for damages to anyone injured or any property damaged or destroyed by
any defect in any building, equipment or swimming pool, or in any plumbing,
electric wiring or equipment, or any flammable materials, equipment or devices.
§ 27-22. Severability.
In any section, clause, provision, or portion of this chapter or Wisconsin Administrative Code chapters is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby.