§ 30-312. Construction setback lines; report.

Whenever an applicant for a building permit, septic tank permit, zoning approval or variance wants to change a previously determined construction setback line, the applicant shall prepare and submit a written report containing a proposed normal high water elevation and indicating the procedures used to determine the normal high water elevation to the public works director. This report shall include the following:

(1)

A general description of the water body, including the location by section, township and range, existing or proposed control structures, and an accurate description of the benchmark utilized.

(2)

A summary of elevations related to botanical evidence, physical evidence, geomorphological evidence and water elevation records as defined in section 30-309 shall be submitted and certified by a state registered land surveyor. The public works director may require the applicant to provide additional consultant's services or other information as may be deemed necessary to make the determination.

(3)

The summary shall include elevation readings at no less than three (3) different locations to be used for projecting the normal high water elevation on lakes having a surface area of ten (10) acres or less and elevation readings at no less than five (5) different locations to be used for projecting the normal high water elevation on lakes having a surface area of more than ten (10) acres. At each location, elevations should be determined using as many of the previously described indicators as possible. Elevations should be based on county datum and should be calculated to the nearest tenth of a foot.

(4)

Upon acceptance and review of the report referred to herein, the public works director or his designee shall determine the normal high water elevation for a particular water body. Review of determinations rendered hereunder shall follow and be subject to the appropriate procedure, if any, applicable to the review of the original proceeding from which the normal high water elevation determination arose (i.e., building permit application procedure, zoning variance procedure, septic tank permit application procedure, etc.). This section shall not be construed to give rise to any right to an interlocutory or intermediate appeal of public works director determinations.

(Code 1965, § 36-157; Ord. No. 82-14, § 7, 8-17-82)