Village of Bloomfield Walworth County, WI

MUNICIPAL CODE

July 2016, Village Clerk

Updated April 2017 VILLAGE OF BLOOMFIELD MUNICIPAL CODE INDEX Last Revised 04/19/2017

CHAPTER C CHARTER ORDINANCES C.01 Elected Officials C.02 Appointed Officials C.03 Employed Officials

CHAPTER 1 BOARD RULES, POWERS, DUTIES 1.01 Rules of Procedure 1.02 Municipal Judge and Municipal Court 1.03.01 Salaries 1.03.02 Oath of Office 1.03.03 Legal Counsel 1.04 Creation of Commissions and Committees 1.05 Code of Ethics 1.06 Elections 1.07 Posting and Publication 1.08 Grievance Procedure for Handicapped Persons 1.09 Personnel Policy 1.10 Use of Village Equipment, Tools and Furnishings 1.11 Official Map 1.12 Facsimile Signatures

CHAPTER 2 PUBLIC RECORDS 2.01 Purpose 2.011 Definitions 2.02 Record Retention 2.02.0 Duty to Maintain Records 2.02.1 Legal Custodians 2.02.2 Public Access to Records 2.02.3 Access Procedures 2.02.4 Limitations on Right to Access 2.03 Destruction of Obsolete Records

CHAPTER 3 FINANCE AND TAXATION 3.01 Preparation of Tax Roll and Tax Receipts 3.02 Fiscal Year 3.03 Budget 3.04 Changes in Budget 3.05 Village Funds to be Spent in Accordance with Appropriations 3.06 Claims Procedure 3.07 Payment of Claims Interim of Board Meetings 3.08 Duplicate Treasurer’s Bond 3.09 Temporary Investment of Funds not Immediately Needed 3.10 Disbursement of Village Funds

CHAPTER 4 POLICE 4.01 Police Department Personnel 4.02 Chief of Police: Duties and Powers 4.03 Police Officers: Duties and Powers 4.04 Power of Arrest 4.05 Police Commission 4.06 RESERVED 4.07 RESERVED 4.08 RESERVED 4.09 Police Protection per Intergovernmental Agreement 4.10 Penalty

CHAPTER 5 FIRE AND RESCUE 5.00 Village Incorporation Reference 5.01 Administrative Code Provisions Adopted 5.02 Establishment of Bloomfield Genoa City Fire and Rescue 5.03 Organization 5.04 Powers and Duties of Fire Chief 5.05 Control and Care of Apparatus 5.06 Authority of Department at Fires 5.07 Misconduct 5.08 Fire Inspectors 5.09 Reimbursement for Fire Calls 5.10 Hazardous Materials 5.11 Charges for Rescue Services 5.12 Penalty 5.13 Reimbursement for Copies

CHAPTER 6 RESERVED

CHAPTER 7 TRAFFIC CODE 7.01 State Traffic Laws Adopted 7.02 Adoption of Wisconsin Administrative Code 7.03 One-way Streets 7.04 Mailboxes 7.05 Snow Emergency and Parking Restrictions 7.06 Speed Limits 7.07 Stop Signs 7.08 Operation of Motor Vehicles on Premises Held Out to Public Use 7.09 Classification of and Weight Limitations on Town Highways 7.10 Official Traffic Signs, Signals and Markers 7.11 Snowmobiles 7.12 Off-Highway Vehicles Regulated 7.13 Abandoned Vehicles 7.14 Disorderly Conduct with a Motor Vehicle 7.15 Enforcement 7.16 Penalty

CHAPTER 8 HIGHWAYS 8.01 Purpose 8.02 Words and Phrases Defined 8.03 Application Required 8.04 Minimum Standards 8.05 Variances from Design Standards and Special Circumstances 8.06 Final Inspection 8.07 Inspection and Costs 8.08 Other Costs 8.09 Construction Permit Required 8.10 Adoption of State Statutes 8.11 Driveways (refer to 22.30) 8.12 Uniform System for Numbering Properties 8.13 Marinette Road Renamed Pell Lake Drive 8.14 Penalty

CHAPTER 9 OFFENSES 9.01 Offenses Against State Laws Subject to Forfeiture 9.02 Discharge of Weapons 9.03 Throwing or Shooting Missiles and Projectiles 9.04 Fireworks Regulated 9.05 Loud and Unnecessary Noise Prohibited 9.06 Regulation of Alarms 9.07 Littering Prohibited 9.08 Radio or Television Interference Prohibited 9.09 Loitering Prohibited 9.10 REPEALED 9.11 Burning Regulated 9.12 Sale and Consumption of Intoxicating Liquor and Fermented Malt Beverages in Public Places Prohibited Without Permit 9.13 False I.D. Cards, Use of Prohibited 9.14 Curfew 9.15 Marijuana-Possession Prohibited 9.16 Prohibited Discharges 9.17 Landfill Sites 9.18 REPEALED 9.19 Storage of Junk, Etc., Regulated 9.20 Open Cisterns, Wells, Basements or Other Dangerous Excavations Prohibited 9.21 Abandoned Unattended Ice Boxes, Etc., Prohibited 9.22 Habitual Truancy 9.23 Penalties 9.24 Disposal of Abandoned Property 9.25 Misuse of 911 Emergency System 9.26 Objects in the Road Right of Way Prohibited 9.27 Prohibition of Weapons in Public Buildings

CHAPTER 10 PUBLIC NUISANCES 10.01 Legislative Declaration 10.02 Public Nuisance Prohibited 10.03 Public Nuisance Defined 10.04 Public Nuisances 10.05 Abatement of Public Nuisance 10.06 Cost of Abatement and Enforcement 10.07 Penalty 10.08 Severability

CHAPTER 11 ALCOHOL BEVERAGES 11.01 Regulation of Intoxicating Liquor and Fermented Malt Beverages 11.02 Liquor and Related License Fees 11.03 License Application 11.04 Revocation, Suspension and Non-Renewal of Licenses 11.05 Restrictions on Granting Intoxication Liquor and Fermented Malt Beverage Licenses 11.06 Regulation of licensed premises and licenses 11.07 Hours for Selling and Operation 11.08 Free Alcohol Beverages in Restaurants 11.09 Place-to-Place Deliveries 11.10 Drinking and Open Possession of Intoxicating Beverages Prohibited 11.11 Suspension, Revocation and Discontinued use or Non-use of License 11.12 Wearing Apparel Required 11.13 Penalties

CHAPTER 12 LICENSES AND PERMITS 12.01 General Provisions as to Licenses 12.02 Intoxicating Liquor and Fermented Malt Beverages 12.03 Cigarette Retailer License 12.04 Dogs and Cats, Kennels, Licensing and Regulations 12.05 Direct Sellers Licensed 12.06 RESERVED for Mobile Homes and Mobile Home Parks 12.07 Special Events on Public Property 12.08 Firework Sellers Licensed 12.09 Other Licenses and Permits 12.10 Suspension, Revocations and Discontinued Use or Non-Use of License 12.11 Penalties

CHAPTER 13 RECYCLING 13.01 Title 13.02 Purpose 13.03 Statutory Authority 13.04 Abrogation and Greater Restriction 13.05 Interpretation 13.06 Severability 13.07 Applicability 13.08 Definitions 13.09 Separation of Recyclable Materials 13.10 Separation Requirements Exempted 13.11 Care of Separated Recyclable Materials 13.12 Management of Lead Acid Batteries, Major Appliances, Waste Oil, Tires and Yard Waste 13.13 Management of Recyclable Materials Not Picked up by the Bloomfield Recycling Program 13.14 Preparation and Collection of Recyclable Materials - Single Family and Two to Four Unit Residences 13.15 Preparation and Collection of Recyclable Materials - Multi-Family Dwelling Units 13.16 Responsibility of Owners or Designated Agents of Non-Residential Facilities and Properties 13.17 Enforcement

CHAPTER 14 RESERVED

CHAPTER 15 RESERVED

CHAPTER 16 CABLE COMMUNICATION SYSTEM FRANCHISE 16.01 Definitions 16.02 Grant of Authority 16.03 Conditions of Franchise 16.04 Transfer or Sale of Cable Television System 16.05 Franchise Term, Review and Renewal 16.06 Responsibilities Upon Termination or Expiration 16.07 Rates 16.08 Termination of Franchise 16.09 Franchise Fee 16.10 Broadband Cable Communications Service 16.11 Compliant Procedure 16.12 Liability and Indemnification 16.13 Construction and Network Technical Standards and Measurements 16.14 Additional Requirements 16.15 Subscriber Privacy 16.16 Switching Device and Channel Lock 16.17 Penalties 16.18 Government Connections 16.19 Village's Right of Intervention 16.20 Preferential or Discriminatory Practices 16.21 Prohibited Severability 16.22 Franchise Grant 16.23 Service 16.24 Notice, Miscellaneous

CHAPTER 17 RESERVED

CHAPTER 18 LAND DIVISION

18.01 Introduction 18.02 General Provisions 18.03 Land Division Procedure 18.04 Preliminary Plat 18.05 Final Plat 18.06 Certified Survey Map 18.07 Condominium Plat 18.08 Planned Developments 18.09 Design Standards 18.10 Required Improvements 18.11 Construction 18.12 Fees 18.13 Acceptance Procedure 18.14 Agreements 18.15 Definitions 18.16 Impact Fees

Appendix A Design Standards B Draft Developer’s Agreement

CHAPTER 19 PARKS AND PUBLIC WATERS 19.01 Public Waters Boating Order 19.02 Public Beaches 19.03 Motor Vehicle Racing 19.04 Slow No Wake Speed Restrictions 19.05 Penalty

CHAPTER 20 WATER USE: LAKE BENEDICT & LAKE TOMBEAU JOINT ORDINANCE WITH RANDALL TOWNSHIP 20.01 Title/Purpose 20.02 Authority 20.03 Applicability and Enforcement 20.04 State Statues Adopted 20.05 General Boating Provisions 20.06 Miscellaneous Water Provisions 20.07 Swimming Regulations 20.08 Water Skiing 20.09 Permit for Special Activity 20.10 Pollution/Littering 20.11 General Artificial Structure in Water Provisions 20.12 Water Safety Patrol, Markers and Navigation Aids 20.13 Repeal of Conflicting Ordinances 20.14 Separability 20.15 Money Deposits 20.16 Penalties

CHAPTER 21 STORMWATER MANAGEMENT 21.01 Authority 21.02 Findings of Fact 21.03 Purpose and Intent 21.04 Applicability and Jurisdiction 21.05 Definitions 21.06 Maximum Extent Practicable 21.07 Technical Standards 21.08 Performance Standards 21.09 Storm Water Management Plan 21.10 Financial Guarantee 21.11 Maintenance Agreement 21.12 Enforcement 21.13 Permit Requirements 21.14 Pre-Existing Storm Water Management Violations 21.15 Appeals

CHAPTER 22 BUILDING CODE 22.01 Authority 22.02 Purpose 22.03 Definitions 22.04 Scope 22.05 Permit Required 22.06 Adoption of Codes 22.07 Scope of Uniform Dwelling Code Expanded 22.08 Certified Municipality Status 22.09 Building-HVAC-Electrical-Plumbing Inspector 22.10 Submission of Plans 22.11 Issuance of Permit 22.12 Occupancy Bond 22.13 Occupancy Permit 22.14 Basements; Excavations 22.15 Swimming Pools 22.16 Building Grade and Drainage 22.17 Architectural, Landscaping, Lighting, Exterior Design 22.18 Unsafe Buildings 22.19 Razing & Demolition 22.20 Regulations for Moving Buildings 22.21 Exterior Finish Required 22.22 Fence Regulations 22.23 Municipal Building Code–Fee Schedule 22.24 Violations & Penalties 22.25 Stop Work Order 22.26 Variance 22.27 Appeals 22.28 Disclaimer and Non-liability for Damages 22.29 Severability 22.30 Driveways 22.31 Property Maintenance Code

Figure 1. Storage of Garbage & Trash

Illustration A-D

CHAPTER 23 RESERVED

CHAPTER 24 ADMINISTRATIVE REVIEW PROCEDURES 24.01 Review of Administrative Determinations 24.02 Determinations Reviewable 24.03 Determinations Not Subject to Review 24.04 Municipal Authority Defined 24.05 Persons Aggrieved 24.06 Reducing Determination in Writing 24.07 Request for Review of Determination 24.08 Review of Determination 24.09 Administrative Appeal 24.10 Hearing on Administrative Appeal 24.11 Final Determination 24.12 Judicial Review 24.13 Legislative Review

CHAPTER 25 CONSTRUCTION AND EFFECT OF ORDINANCES 25.01 Rules of Construction 25.02 Conflict and Severability 25.03 Clerk to File Documents Incorporated by Reference 25.04 Penalty Provisions 25.05 Repeal of General Ordinances 25.06 Effect of Repeals 25.07 Title; Effective Date; Citation 25.08 Keeping Code Current; Reviser’s Amendments

CHAPTER 26 MISCELLANEOUS 26.01 Charges for Storage of Vehicles

CHAPTER 27 ZONING 27.01 - 27.19 Division 1 – Information 27.20 - 27.29 Division 2 – General 27.30 - 27.59 Division 3 – Zoning Districts 27.60 - 27.69 Division 4 – P.U.D. 27.70 - 27.79 Division 5 – Overlay Districts 27.80 - 27.99 Division 6 – Conditional Uses 27.100- 27.109 Division 7 – Traffic, Parking & Access 27.110- 27.129 Division 8 – Signs 27.130- 27.139 Division 9 – Performance Standards 27.140- 27.149 Division 10- Non-Conforming Uses, Structures & Lots 27.150- 27.159 Division 11- Exceptions & Modifications 27.160- 27.169 Division 12- Procedural Regulations 27.170- 27.179 Division 13- Administration & Enforcement 27.180- 27.189 Division 14- Definitions 27.190- 27.200 Division 15- Telecommunications

CHAPTER 28 FLOODPLAIN 28.01 Statutory Authorization, Finding of Fact, Statement of Purpose, Title and General Provisions 28.02 General Standards Applicable to all Floodplain 28.03 Floodway District (FW) 28.04 Floodfringe District (FF) 28.05 General Floodplain District (GFP) 28.06 Non-Conforming Uses 27.07 Administration 28.08 Amendments 28.09 Enforcement & Penalties 28.10 Definitions

CHAPTER 29 TELECOMMUNICATIONS Refer to Chapter 27, Division 15

CHAPTER 30 RESERVED

CHAPTER 31 WATER & SEWER UTILTIY

PUBLIC UTILITIES 31.01 Title/Purpose 31.02 Authority 31.03 Adoption of Ordinance SEWER 31.101 Purpose 31.102 Definitions 31.103 Use of Sanitary Sewers 31.104 Use of Storm Sewers 31.105 Prohibitions and Limitation 31.106 Use of the Public Sewer Required 31.107 Building Sewers and Connections 31.108 Provision of Sewer Service to New Developments 31.109 Industrial Wastes 31.110 Basis for Sewer Charges 31.111 Sewer Service Charges 31.112 Billing Practice 31.113 Audit, Notification and Records 31.115 Violations and Penalties 31.116 Appeals 31.117 Validity WATER 31.201 Definitions 31.202 Management 31.203 Powers 31.204 Reserved 31.205 Title to Property 31.206 Mandatory Hook-Up 31.207 Excavations 31.208 Tapping the Main 31.209 Permits Required 31.210 Installation of House Laterals 31.211 Meters 31.212 Inspection 31.213 Utility Responsibility 31.214 Installation Costs 31.215 Abandonment Required 31.216 Well Operation Permit 31.217 Abandonment Procedure 31.218 Penalties for Non-Complying Wells 31.219 Repairs and Maintenance 31.220 Penalty for Improper Use 31.221 Municipal Water Utility Rules 31.222 Rates and Payment

CHAPTER 32 EROSION CONTROL

32.1 Authority 32.2 Findings of Fact 32.3 Purpose 32.4 Applicability and Jurisdiction 32.5 Definitions 32.55 Maximum Extent Practicable 32.6 Technical Standards 32.7 Performance Standards for Construction Sites Under once Acre 32.8 Performance Standards for Construction Sites of once Acre or more 32.9 Permitting Requirements, Procedures and Fees Fee Schedule 32.10 Erosion and Sediment Control Plan, Statement and Amendments 32.11 Fee Schedule 32.12 Inspection 32.13 Enforcement 32.14 Pond Regulations 32.15 Retaining Wall Regulations 32.16 Conservation Standards for Vegetation Removal 32.17 Special Events, Public Assemblies and Mass Gatherings 32.18 Appeals 32.19 Severability

CHAPTER 33 STORM WATER ILLICIT DISCHARGE AND CONNECTION

33.01 Authority 33.02 Title 33.03 Purpose and Intent 33.04 Definitions 33.05 Applicability 33.06 Responsibility for Administration 33.07 Compatibility with Other Regulations 33.08 Severability 33.09 Ultimate Responsibility 33.10 Discharge Prohibitions 33.11 Watercourse Protection 33.12 Compliance Monitoring 33.13 Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the use of Best Management Practices 33.14 Notification of Spills 33.15 Violations, Enforcement, and Penalties 33.16 Cost of Abatement of the Violation 33.17 Appeals 33.18 Enforcement Measures After Appeal 33.19 Violations Deemed a Public Nuisance 33.20 Remedies Not Exclusive 33.21 – 33.30 Reserved for Future Use CHAPTER C INDEX CHARTER ORDINANCES CODIFIED

C.01 Elected Officials C.02 Appointed Officials C.03 Employed Officials

Chapter C Board Action Previously Chapter 1: Adopted December 20, 2011 as part of Village Incorporation Revised January 9, 2012, Ordinance No. 2012-O-C1 Revised April 2, 2012, Ordinance No. 2012-O-C2 Revised April 8, 2013, Ordinance No. 2013-O-C3 Repealed & Recreated as Chapter C: November 10, 2014, Ordinance No. 2014-O-17 Revised February 2, 2015, Ordinance No. 2015-O-C5 Revised March 2, 2015, Ordinance No. 2015-O-C5 Rescinded Revised April 11, 2016, Ordinance No. 2016-O-C6 Revised June 27, 2016, Ordinance No. 2016-O-C7 Revised March 6, 2017, Ordinance No. 2017-O-C8 C.01 ELECTED OFFICIALS (Charter Ordinance). The elected officials of the Village Board shall consist of four (4) Trustees, and one Village President.

(1) Trustees. The Village shall elect two (2) Trustees in odd-numbered years and two (2) Trustees in even-numbered years for two (2) year terms.

(2) President. The President shall be elected in odd-numbered years for a term of two (2) years consistent with §61.19 Wis. Stat.

Adopted December 20, 2011 with Incorporation, Revised April 8, 2013, Ordinance No. C3, Revised November 10, 2014, Ordinance No. 2014-O-17, Revised March 6, 2017, Ordinance No. 2017-O-C8.

C.02 APPOINTED OFFICIALS (Charter Ordinance).

(1) APPOINTED OFFICIALS. The appointed officials of the Village shall consist of the following.

By Contract Official How Selected Employment

Village Attorney (Legal Village President, subject to Part-time Counsel) approval of Village Board (See consultant on also Section 1.03 of this chapter) as-needed basis

Part-time Village Village President, subject to consultant on Assessor approval of Village Board as-needed basis

Village Part-time Building Village President, subject to consultant on Inspector approval of Village Board as-needed basis

Part-time Village Village President, subject to consultant on Planner approval of Village Board as-needed basis

Part-time Village Village President, subject to consultant on Engineer approval of Village Board as-needed basis

Part-time Village Village President, subject to consultant on Auditor approval of Village Board as-needed basis

(2) Procedure: Elected Officials must get direction from the Village President prior to contacting Appointed Officials that charge fees per hour, unless approved by proper motion of the Village Board.

(3) Abuse of this section may be considered grounds for removal from office.

Adopted December 20, 2011 with Incorporation, Revised January 9, 2012, Ordinance No. C1; repealed and recreated April 2, 2012, Ordinance No. C2, Revised November 10, 2014, Ordinance No. 2014-O-17, Revised April 11, 2016, Ordinance No. 2016-O-C6

C.03 EMPLOYED OFFICIALS. The following employed officials shall serve subject to satisfactory performance and in accordance with the standard employment practice guidelines. Employed officials shall serve for a probationary period to be set at the time of selection.

Official How Selected Employment

Clerk-Treasurer Full-time Village Board Contract

Zoning Administrator Village Board Full-time

Superintendent of Highways Village Board Full-time

Director of Water & Sewer Utility Village Board Full-time

Police Full-time Police Chief Commission Contract

(2) DISCONTINUANCE OF OFFICE. The Village Board does hereby discontinue the office of the Village Marshal and Village Constable.

(3) The Village Board does hereby consolidate the office of the Village Clerk and Village Treasurer.

(4) The Village pursuant to §§ 61.195 and 66.0101 hereby elects not to be governed by those portions of §§61.195 and 61.197 which are in conflict with this section.

Adopted March 6, 2017, Ordinance No. 2017-O-C8.

CHAPTER 1 INDEX THE GOVERNING BODY

1.01 Rules of Procedure 1.02 Municipal Judge and Municipal Court 1.03.01 Salaries 1.03.02 Oath of Office 1.03.03 Legal Counsel 1.04 Commissions and Committees 1.05 Code of Ethics 1.06 Elections 1.07 Posting and Publication 1.08 Grievance Procedure for Handicapped Persons 1.09 Personnel Policy 1.10 Use of Village Equipment, Tools and Furnishings 1.11 Official Map 1.12 Facsimile Signatures

Chapter 1 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised June 4, 2012, Ordinance No. 2012-O-07 Revised April 8, 2013, Ordinance No. 2013-O-C4 Revised May 5, 2014, Ordinance No. 2014-O-09 Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-17 Revised December 1, 2014, Ordinance No. 2014-O-22 Revised March 2, 2015, Ordinance No. 2015-O-02 Revised April 13, 2015, Ordinance No. 2015-O-03 Revised March 6, 2017, Ordinance No. 2017-O-02

1.01 RULES OF PROCEDURE.

(1) REGULAR MEETINGS. Regular meetings of the Village Board shall be held on the first Monday of each calendar month immediately following the Town of Bloomfield Board meeting at approximately 6:00 p.m. Any regular meeting falling on a legal holiday shall be held on the second Monday of the calendar month. The Board may also change the meeting date for other good cause.

(2) SPECIAL MEETINGS. Special meetings of the Village Board may be called by the Village President or two (2) Trustees by filing a request with the Village Clerk at least 24 hours prior to the time specified for such meeting unless for good cause, such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than two (2) hours in advance of the meeting. The Clerk shall immediately post a notice of the meeting together with the agenda and notify each Trustee of the time and purpose of such meeting.

(3) PLACE OF MEETINGS. All meetings of the Village Board, including special and adjourned meetings shall be held in the Village Hall or a location designated by the Village Board. Notice of a substitute meeting place shall be given to the public by posting a written notice of the substitute meeting place and time thereof on the outer main entrance door of the Village Hall at least eight (8) hours prior to such meeting.

(4) ADJOURNMENT TO SPECIFIC DATE.

(a) Pursuant to A Guide to Parliamentary Procedure for Local Governments in Wisconsin, the Village Board may by majority vote to adjourn from time to time to a specific date and time.

(b) If no quorum is present, those in attendance can:

(i) fix a time to which to adjourn;

(ii) adjourn;

(iii) recess to take measure to obtain a quorum.

(5) OPEN MEETING LAW COMPLIANCE. Notice of all Village Board Meetings as well as meetings of Village Boards, Commissions or Committees shall be given to the public, the official newspaper and to requesting news media as required under Sec. 19.84, Wis. Stats.

(6) QUORUM. A majority of the Village Board, commission or committee shall constitute a quorum of such body.

(7) ORDER OF BUSINESS. The business of the Village Board shall be conducted in substantially the following order:

(a) Call to Order (b) Roll Call (c) Pledge of Allegiance (d) Withdrawals from the Agenda (e) Approval of the Agenda (f) Minutes for Approval (g) Special Presentations (if any) (h) Public Comment (i) Old Business (if any, as specified) (j) New Business (as specified, within format or provided for in consent agenda) 1. APPOINTMENTS 2. FINANCE & TREASURER’S REPORT 3. ORDINANCES 4. RESOLUTIONS 5. LICENSE & PERMITS 6. OTHER BUSINESS (k) Reports & Correspondence (l) Adjournment

(8) PRESIDING OFFICER.

(a) Control of meetings. The Village President shall preserve order and conduct the proceedings of the meeting.

(b) Absence of Village President. If the Village President is absent at any meeting, the Village Clerk shall call the meeting to Order and preside until the Board selects a Trustee to preside for that meeting.

(d) Presiding officer to vote. The presiding officer shall vote as a Trustee on all questions brought before the Village Board. The President may make Motions or second Motions before the Board and need not vacate the Chair to do so.

(9) ORDINANCES, RESOLUTIONS AND MOTIONS. General. Ordinances, resolutions, communications, bylaws and other matters shall be submitted to the Village Board in writing. Unless requested by a Trustee before final vote is taken, no ordinance, resolution or bylaw need be read in full at that meeting. No ordinance, resolution or other Motion shall be discussed or acted upon unless it has been seconded.

(10) GENERAL RULES.

(e) The deliberations of the Board shall generally be conducted in accordance with the Parliamentary Rules contained in A Guide to Parliamentary Procedure for Local Governments in Wisconsin (1998), or, if an issue is not addressed by this guide, then by Robert’s Rules of Order, unless otherwise provided by statute or other rules. No person other than a member shall address the Board except by a vote of a majority of the members present. No ordinance, resolution or other Motion shall be discussed or acted upon unless it has been seconded.

(f) No Trustee shall address the Board until the Trustee has been recognized by the presiding officer. The Trustee shall thereupon address himself/herself to the President and combine his/her remarks to the question under discussion and avoid all personalities.

(g) When two or more members simultaneously seek recognition, the presiding officer shall name the member who is to speak first.

(h) Any Trustee may vote an aye or nay vote on any matter and such vote shall be entered in the proceedings. A majority vote of all members of the Board in favor of any proposed ordinance, resolution or appointment shall be necessary for passage or approval, unless a larger number is required by statute. Except as otherwise provided, a majority vote of those voting shall prevail in other cases.

(i) No member of the Board, whether a Trustee or the Village President, shall vote on any question involving his or her own character or conduct, his or her rights as a member or his or her pecuniary interests.

(j) Any member voting in the majority may move for a reconsideration of the vote on any question at that meeting or at the succeeding meeting as long as the item is placed upon the agenda. A motion to reconsider being put and lost shall not be renewed. A Trustee may not change his vote on any question after the result has been announced.

(11) SUSPENSION OF RULES. Parliamentary rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of two-thirds of the members voting.

(12) COMMITTEE REPORTS. Each committee chairperson shall, at the next regular meeting, submit a report, in writing if requested, on all matters referred to it. Any committee may require any Village officer to confer with it and supply information in connection with any matter pending before it.

1.02 MUNICIPAL JUDGE AND MUNICIPAL COURT.

(1) MUNICIPAL COURT CREATED. Pursuant to Chapter 755 of the Wisconsin Statutes, there is hereby created and established a joint Municipal Court to be designated “Bloomfield Municipal Court,” said Court to become operative and function on December 20, 2011.

(2) MUNICIPAL JUDGE.

(a) Qualifications. The joint Court shall be under the jurisdiction of and presided over by a Municipal Judge, who resides in one of the Municipalities that is a party to the agreement forming this joint Court.

(b) Oath and Bond. The Judge shall, after election or appointment to fill a vacancy, take and file the official oath as prescribed in §757.02(1), Wis. Stats., and at the same time execute and file an official bond in the amount of $10,000.00. The Judge shall not act until the oath and bond have been filed as required by §19.01(4)(c) Wis. Stats., and the requirements of §755.03(2) have been complied with.

(c) Salary. The salary of the Municipal Judge shall be fixed by the Village Board and the Village Board of the Municipalities that are parties to the agreement which shall be in lieu of fees and costs. No salary shall be paid for any time during the term during which such Judge has not executed the official bond or official oath, as required by §755.03, Wis. Stats., and filed pursuant to §19.01(4)(c) Wis. Stats. The Municipalities may by separate ordinance allocate funds for the administration of the Municipal Court pursuant to §66.0301 Wis. Stats.

(3) ELECTIONS.

(a) Term: The Municipal Judge shall be elected at large in the spring election for a term of four (4) years, consistent with Sec. 755.02, Wis. Stat., or as hereafter amended, or until his or her successor is elected and qualifies, commencing immediately after receiving the oath of office. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in §8.11, Wis. Stats. The Walworth County Clerk shall serve as filing officer for the candidates.

(b) Electors: Electors in all Municipalities that are parties to the agreement shall vote for Judge.

(4) JURISDICTION. The Municipal Court shall have jurisdiction over incidents occurring on or after December 20, 2011, as provided in Article VII, §14 of the Wisconsin Constitution, §§755.045 and 755.05, Wis. Stats., and as otherwise provided by State Law. In addition, it shall have exclusive jurisdiction over actions in the Municipalities that are parties to the agreement seeking to impose forfeitures for violations of Municipal ordinances, resolutions and by-laws.

The Municipal Judge may issue civil warrants to enforce matters under the jurisdiction of the Municipal Court under §755.045(2), §66.0119, Wis. Stats.

The Municipal Court has jurisdiction over juvenile offenders when a Municipality that is party to the agreement enacts an ordinance under the authority of §938.17(2)(cm), Wis. Stats.

(5) MUNICIPAL COURT.

(a) Hours. The Municipal Court shall be open as determined by order of the Municipal Judge.

(b) Location. The Municipal Judge shall keep his/her office and hold Court in the Village Hall.

(c) Employees. The Judge shall, in writing, appoint such clerks and deputy clerks as authorized and funded by the Town and Village Boards of the Municipalities that are parties to the agreement. Their salaries shall be fixed by the Village and Town Boards. The Clerk(s) shall, before entering upon duties of office, take the oath prescribed by Sec. 19.01 and give a bond if required by the Village and Town Boards. The cost of bond shall be paid by the Village and Town. Oaths and bonds of the Clerk(s) shall be filed with the Municipal Clerk.

(d) Procedure. The procedure in Municipal Court shall be as provided by this section and State law including, without limitation because of enumeration, Chs. 755 and 800, Wis. Stats., and Secs. 23.66 to 23.99, 345.20 to 345.53, 788.14, 788.15 and 788.18, Wis. Stats.

(6) COLLECTION OF FORFEITURES AND COST. The Municipal Judge may impose punishment and sentences as provided by Chapters 800 and 938 Wis. Stats., and as provided in the ordinances of the Municipalities that are parties to the agreement.

(a) FUNDS AND LEDGERS TO MUNICIPAL TREASURER: 1. All forfeitures, fees, assessments, surcharges and costs shall be paid to the treasurer of the Municipality within which the case arose within thirty (30) days after receipt of the money by the Municipal Court or as such distribution as agreed to by the municipalities within the Joint Municipal Court per an Intergovernmental Agreement. 2. At the end of the month, the Municipal Court shall report to the treasurer the name of each defendant, case number, and the amount of payment, in which such monies were collected along with a register of the activity in the court bond account and a reconciliation of the bond account to the bank statement. 3. All forms of payment: cash, check, money order, credit or debit card, or collection agency deposits received by the court shall be deposited into the municipal court checking account and shall be recorded on and agree with the total indicated on the court spreadsheet. When the money is deposited, the bank deposit receipt should be maintained by the court. At the end of the month, the court spreadsheet, bank reconciliation and copies of the deposit receipts shall be provided to the Village Treasurer.

(7) CONTEMPT OF COURT. The Municipal Judge, after affording an opportunity to the person to be heard in defense, may impose a sanction authorized under §800.12 Wis. Stats. and may impose a forfeiture therefore not to exceed two-hundred dollars ($200.00) or upon nonpayment of the forfeiture and the assessment thereon, a jail sentence not to exceed seven (7) days.

(8) ABOLITION. The Municipal Court hereby established shall not be abolished while the §755.01(4) agreement is in effect.

(9) COURT AUTHORITY TO IMPOSE ALTERNATIVE JUVENILE DISPOSITIONS AND SANCTIONS. For a juvenile adjudged to have violated an ordinance, a Court is authorized to impose any of the dispositions listed in Secs. 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.

For a juvenile adjudged to have violated an ordinance which violates a condition of a dispositional order of the Court under Sec. 938.343 and 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in Sec. 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.

This Section is enacted under the authority of Sec. 938.17(2)(cm), Wis. Stats.

1.03.01 SALARIES. The compensation of all elected and appointed officials, including members of boards, appointees and commissions, shall be as determined by the Village Board, provided salaries and compensation rates of elected officials shall not be increased or reduced during their terms of office, pursuant to Sec. 61.193, Stats.

1.03.02 OATHS OF OFFICE. Every person elected or appointed to a Village office, including members of the Village boards and commissions, shall take and file the official oath within 5 days after notice of his appointment or as provided by law. State law reference— Official oaths, Wis. Stats. § 19.01. 1.03.03 LEGAL COUNSEL.

(1) SELECTION. Legal counsel selected pursuant to Section C.02 of this Code may be an individual or a law firm. If an individual is selected, the individual shall be referred to as the Village Attorney. If a law firm is selected, one member of the law firm shall be designated by the Village as Village Attorney.

(2) DUTIES. The Village Attorney shall be the chief legal advisor to the Village Board and shall be responsible for preparing and drafting legal opinions, ordinances, rules and regulations as may be required for expediting Village matters. The Village Attorney shall also serve as prosecuting attorney for the Village and shall represent the Village in courts and commission hearings as directed.

(3) SPECIAL COUNSEL. The Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the Village is interested. The Village President or his/her designee shall inform the Village Attorney of the appointment of special counsel and the Village Attorney shall, upon request, provide special counsel with any available files and information. At times the Village Attorney may hire Special Counsel on behalf of the Village at the Village Attorney’s current hourly rate in cases of conflict of interest.

1.04 CREATION OF COMMISSIONS AND COMMITTEES.

(1) ESTABLISHMENT OF STANDING COMMITTEES. The Village Board does hereby establish the following standing committees to serve in an advisory capacity to the Village Board of the Village of Bloomfield.

(a) Administrative Committee (b) Finance Committee (c) Joint Public Works/Safety & Utility Committee (d) Joint Parks, Lakes, Recreation & Community Affairs Committee (e) Joint Recycling Committee

(2) ESTABLISHMENT OF BOARDS AND COMMISSIONS. The Village Board does hereby establish the following Boards and Commissions to serve in an advisory capacity to the Village Board of the Village of Bloomfield.

(a) Plan Commission.

(i) Purpose. The purpose of the Plan Commission is to ensure the Property within the Village of Bloomfield is kept and developed in a way that is in conformity with the future goals of the Village.

(ii) Membership. Membership of the Planning and Zoning Commission shall include two Village Trustees and three citizen members, all of whom shall have voting power. The Village Engineer and the Village Attorney shall appear as necessary, but shall have no voting power.

(iii) Terms of Office. The terms of office for the Plan Commission shall be shall be as provided in Section 1.04(2).

(A) The Village Engineer shall serve so long as he/she continues to serve as Village Engineer for the Village of Bloomfield.

(B) The three (3) citizen members shall be appointed initially, member number one (1) for one (1) year, member number two (2) for two (2) years, member number three (3) for three (3) years. Members one through three shall be appointed for a term of office of three years and shall serve until their successor has been sworn in. Each member’s term shall begin and expire in the month of April.

(b) Zoning Board of Appeals Commission.

(i) Purpose. The purpose of the Zoning Board of Appeals is to consider relevant facts, applicable law, and when appropriate, make special exceptions to the terms of the zoning ordinance in harmony with the zoning ordinances general purpose and intent, and in accordance with general or specific rules therein contained.

(ii)Membership.

(A) The membership of the Zoning Board of Appeals shall consist of five (5) members appointed by the Village President, subject to confirmation of the Village Board. The Village President shall designate the member to be the Chairperson of the Zoning Board of Appeals.

(B) The Village President shall appoint two (2) alternate members, subject to the Village Board approval. The 1st alternate shall act, with full power, only when a member of the Board refuses to vote because of interest, or when a member is absent. The 2nd alternate shall so act only when the 1st alternate so refuses, is absent, or when more than one member of the board so refuses or is absent.

(iii) Term of office. The five (5) members and two(2) alternate members shall serve a three (3) year term. However, the initial appointment shall be for the following terms:

(A) Member number one (1) shall serve one (1) year, members number two (2) and three (3) shall serve for two (2) years, and members number four (4) and five (5) shall serve for three (3) years.

(B) Alternate number one (1) shall serve for two (2) years, and alternate number two (2) shall serve for three (3) years. The Village President shall annually designate alternate number one (1) or two (2) as the first and second alternate.

(3) APPOINTMENTS

(A) COMMITTEES. Appointments to all standing committees shall be made by the Town Chairman or Village President, respectively, for a period of two years concurrent with their term(s) in office, subject to the approval of the Town Board or Village Board, respectively. Members shall serve until their successors are appointed. Each member’s term shall begin and expire in the month of April.

(B) BOARDS AND COMMISSIONS. Appointments to all standing boards and commissions shall be made by the Village President for a term of office, subject to the approval of the Village Board. Members shall serve until their successors are appointed. Each member’s term shall begin and expire in the month of April.

(3) REMOVALS FROM COMMITTEES OR COMMISSIONS. Any person serving on a standing committee or commission, except those who mandatorily serve by virtue of their position pursuant to this ordinance, may be removed at any time by a majority vote of the municipality who appointed them.

(4) AD HOC COMMITTEES. The Village Chair may establish certain ad hoc committees which shall report to the Village Board. Further ad hoc committees may be established by a majority vote of the Village Board. Such ad hoc committees shall be of limited duration and shall limit their actions to the specific purpose for which said committee was established. In lieu of reporting to the Village Board, any ad hoc committee may, if permitted by the Village Board, report to a standing committee or commission of the Village of Bloomfield and would thereby become an ad hoc sub-committee of that committee or commission.

1.05 CODE OF ETHICS.

(1) PURPOSE. Pursuant to Sec. 19.59(1), Wis. Stats., the purpose of this Code of Ethics is to enable public officials and employees, both appointive and elective, to conduct themselves in a manner that will tend to preserve public confidence and respect for the government of the Village and to treat all citizens with courtesy, impartiality, fairness, and equality under the law.

(2) DEFINITIONS. The terms used in this Code are hereby defined as follows:

(a) Official or Employee. Any person elected or appointed to, or employed or retained by, any public office or public body of the municipality, whether paid or unpaid and whether part time or full time, and including all committee and commission members.

(b) Public Body. Any agency, board, body, commission, committee, department or office of the municipality.

(c) Financial Interest. Any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his or her services to the municipality) to the official or employee or to any person employing or retaining the services of the official or employee.

(d) Personal Interest. Any interest arising from blood or marriage relationships or from close business or political association whether or not any financial interest is involved.

(e) Immediate Family Member. An individual’s spouse and an individual’s relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the individual or from whom the individual receives, directly or indirectly, more than one-half of his or her support.

(f) Candidate for Local Public Office. A candidate for local public office means any individual who files nomination papers and a declaration of candidacy or any individual appearing as a write-in candidate who has filed a declaration of candidacy.

(3) APPLICATION. This ordinance shall be applicable to all officials defined under Sec. (2)(a) herein, the immediate family members of the aforestated official, and candidates for public office.

(4) FAIR AND EQUAL TREATMENT.

(a) Impartiality. No official or employee shall request, use or permit the use of, any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.

(b) Use of Public Property. No official or employee shall request, use or permit the use of, any publicly owned or publicly supported property, vehicle, equipment, material, labor or service for the personal convenience or the private advantage of himself or herself or of any other person. This rule shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which are provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.

(5) CONFLICT OF INTEREST. Except as otherwise provided in Paragraph (c), no local official or employee may:

(a) Financial or Personal Interest. Take any official action substantially affecting a matter in which the official, employee, or a member of his or her immediate family, or an organization with which the official or employee is associated has a substantial financial interest.

(b) Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the official or employee, one or more members of the official’s or employee’s immediate family either separately or together, or an organization with which the official or employee is associated.

(c) Paragraphs (a) and (b) do not prohibit a local public official from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses, or prohibit a local public official from taking official action with respect to any proposal to modify a municipal ordinance.

(d) Disclosure. Elected officials and members of the Plan Commission shall disclose any legal and/or equitable interest, which they might have in any real estate subject to the deliberation of the Commission.

(e) Incompatible Employment. No official or employee shall engage in private employment with, or render service for, any private person who has business transactions with any public body of the municipality, unless he shall first make full public disclosure of the nature and extent of such employment or services.

(f) Representation of Private Persons. No official or employee shall use or attempt to use his official position to secure special privileges or exemptions for himself or others except as may be otherwise provided by law.

(g) Compensation, Gift, Reward or Gratuity. No officer or employee of the Village shall directly solicit, receive or agree to receive any compensation, gift, reward or gratuity from any source for any matter or proceeding connected with or related to the duties of such officer or employee, unless otherwise provided for by law. This provision is not intended to restrict usual social amenities or to refer to unsubstantial advertising gifts. Compensation, gifts, reward or gratuities within the meaning of this subsection which practically cannot be returned shall immediately be turned over to the Village and be considered by it as Village property.

(h) Confidential Information. No official or employee shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee, or any person, or any property or governmental affairs of the municipality or information received or discussed in closed session until such record is deemed public under the open records law.

(i) No official or employee may use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. This paragraph does not prohibit a local public official from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by Chapter 11, Wisconsin Statutes.

(j) No person may offer or give to an official or employee, directly or indirectly, and no official or employee may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the official's or employee's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the official or employee. This subsection does not prohibit an official or employee from engaging in outside employment.

(k) No official or employee may use or attempt to use his or her public position to influence or gain unlawful benefits, advantages or privileges for himself or others.

(6) Reserved.

(7) ETHICS OPINION FROM VILLAGE ATTORNEY. Any Village Board member, or any elected or appointed Village employee may ask the Village Attorney, in writing, to provide an ethical opinion regarding any issue that is specifically related to this Section. By publication of this Section, any person requesting such an opinion is hereby given notice that the Village Attorney represents the Village Board and not the requesting party, and that any such communications are confidential as to any other person or entity with the exception of the Village Board. Any request for an ethics opinion, or any given by the Village Attorney in response to such a request, shall be made in a timely manner, in writing, and shall simultaneously be provided to the requester and to the Village Board. Any such communication to the Village Board shall be presumed for all purposes to be a confidential attorney-client privileged communication, pursuant to SCR 20:1.6 and Sec. 905.03, Stats., between the Village Attorney and the Village Board. The Village Attorney shall not be deemed for any purposes or proceedings to represent the person or entity requesting an ethical opinion, due to the Village Attorney receiving such a request, or responding to such a request. The Village Board shall not be obligated to act in accordance with any ethical opinion, but any such opinion shall only be considered advisory. Any individual or entity authorized herein may request an ethical opinion, but only during such time as that individual is elected or appointed to office. Any information obtained by the Village Attorney in order to prepare an ethics opinion shall be confidential in accordance with the limitations herein.

It is prima facie evidence of intent to comply with this section, or any ordinance enacted under this section, when a person or entity refers a matter to the Village Attorney and abides by the opinion so given, if the material facts are as stated in the request.

The Village Attorney may, with the consent of the Village Board, make public any information related to an ethics opinion, including the identity of the requesting party. The consent of the party requesting an opinion shall not be required to make that party’s identity public, nor shall it be required to make the ethical opinion public.

The Village Attorney may refuse to respond to any request for an ethics opinion if the Village Attorney determines, in his or her sole discretion, that providing a response is not in the best legal interests of the Village of Bloomfield.

(8) PENALTIES.

(a) Any person who shall violate this section shall be subject to a penalty as provided in Sec. 25.04 of this Municipal Code.

(b) Any violation of this section may act as grounds for removal of office for all elected and appointed official. Wis. Stats. 17.13 (2015-2016) or thereafter amended.

1.06 ELECTIONS.

(1) POLLING PLACES. All primary, general, special and other elections of the Village shall be held in the Town Hall.

(2) POLLING HOURS. The polls for all elections in the Village, unless otherwise provided by law, shall be opened at 7:00 a.m. and closed at 8:00 p.m. each election day.

(3) REGISTRY OF ELECTORS.

(a) The Village Clerk shall prepare, continue and revise a Registry of Electors and shall have control of such Registry for the Village under Sec. 6.26 to 6.56, Wis. Stats.

(b) The Village Clerk shall procure the necessary registration affidavit forms as set forth in Sec. 6.33, Wis. Stats.

(4) USE OF AUTOMATED TABULATING EQUIPMENT OR ELECTRONIC VOTING SYSTEM. If authorized under Sec. 5.91, Wis. Stats., the Village may use automated tabulating equipment or electronic voting system.

(5) ELECTION OFFICIALS: VOTING.

(a) Appointment of Inspectors and Clerks. Except as otherwise provided by the Wisconsin Statutes or this Code, there shall be three (3) inspectors, two (2) clerks and two (2) ballot clerks at each poll at every election held within the Village, each of whom shall be a qualified elector in the Village and able to read and write the English language understandingly and not a candidate to be voted for at such election. At elections where voting machines are used, ballot clerks shall not be employed.

Nominations. Pursuant to Sec. 7.30, Wis. Stats., the Village President shall nominate to the Village Board at the first regular meeting in December of each year in which a general election is to be held three (3) persons for inspectors, two(2) persons for clerks, two (2) persons for ballot clerks and at least one alternate for each positions. The Village Board shall immediately approve or disapprove the nominees and, if disapproved, the Village President shall submit other names.

Notice, Compensation and Tenure. The Village Clerk shall thereupon notify the inspectors and clerks of their appointments and the confirmation thereof by the Village Board informing each that they shall file an oath of office within ten (10) days after the mailing of such notice. The persons so qualified as inspectors and clerks shall receive as compensation such amounts as set from time to time by the Village Board and shall hold office for two (2) years as such officers at every primary, general, municipal and special election following their appointment held within their districts during such term.

Vacancies and Duties of Election Officials. Vacancies in the offices of election inspectors or clerks shall be filled in the manner provided in Sec. 7.30, Wis. Stats., together with such additional duties as prescribed by the Village Board.

(b) Voting. All the provisions of Ch. 6, Wis. Stats., as the same pertain to any and all Village elections or any election held within the Village are hereby incorporated by reference. The Village Clerk, upon notifying each inspector and clerk, shall instruct each official as to their duties and responsibilities.

(6) REDUCTION OF NUMBER OF ELECTION OFFICIALS AND HOURS. Pursuant to Sec. 7.32, Wis. Stats., the Village Clerk is hereby authorized to reduce the number of election officials for any given election to not less than three (3) and redistribute the duties of such remaining election officials. Election officials are authorized to work split shifts or full day shifts as scheduled by the Village Clerk.

(7) CREATION OF WARDS. The Village of Bloomfield does hereby establish five (5) wards, per legal descriptions on file in the office of the Village Clerk and map created and maintained by the Village Engineer, which shall be modified from time to time as annexations are granted.

(f) Wards 1, 2, 3, 4 and 5 as established above are hereby combined for voting purposes, so as to share a common polling place at the Village Hall, Village of Bloomfield, Wisconsin.

1.07 POSTING AND PUBLICATION.

(1)POSTING. The Village Board shall, pursuant to Sec. 61.32 and Ch. 985, Wis. Stats, shall keep a record of all its proceedings and shall include the substance of every official action taken by the governing body and shall cause to post Village Board action and notices which are not legally required to be published in at least three places in the Village likely to give notice to the public.

(2) PUBLICATION. Ordinances and notices required by law to be published and such other notices as the Village Board may direct to be published shall be published in the newspaper having general circulation in the Village and eligible to publish legal notices.

1.08 GRIEVANCE PROCEDURE FOR HANDICAPPED PERSONS.

(1) DEFINITION. A handicapped person is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment, all as set forth in 31 Code of Federal Regulations part 51.55 (31CFRSS51.55) (a) (1-6) is hereby adopted and made part of this Ordinance in the same manner as if set forth in full.

(2) PROCEDURE. Any person who shall feel aggrieved by any act of the Village Board of the Village of Bloomfield, its elected officials, officers, agents, employees or departments, shall have the right to make such grievance known to the Village in the following manner.

A handicapped grievant shall make such a grievance known to the Village Clerk either verbally or in writing except that if the grievance shall be verbal the Village Clerk shall immediately reduce the grievance to writing.

The Clerk shall, within five days, refer the matter to the President of the Village Board who shall appoint a member of the Village Board to hear the complaint and all interested parties and to make a recommendation to the Village Board for resolution and disposal of the grievance. The member of the Village Board shall act as an independent examiner and shall schedule a hearing on the matter within fifteen (15) days of appointment. Notice of such hearing shall be provided to all persons of interest by first class mail and all persons of interest may appear and be heard. After receipt of all evidence and statements, the examiner shall render a decision within fifteen (15) days, which decision shall be in writing. The Village Clerk shall be present at said hearing and shall make a record of all proceedings (which may be by recording) and mark all exhibits. The record made at such hearing shall be a public record and subject to Sec. 19.32-19.36, Wis. Stats. The member of the Village Board who shall be acting as examiner shall endeavor to resolve the grievance in an amicable manner and any such informal resolution shall be reduced to writing and made part of the record of such grievance.

If the Village Board examiner is unable to resolve the matter to the satisfaction of the parties, any person dissatisfied with the examiner’s decision may appeal within fifteen (15) days to the Village Board.

The Village Board shall review the record in its entirety and the Village Board acting as an appeal board may in its discretion hold its own hearing at which time all interested parties may appear and be heard. The Village Board shall render its decision within fifteen (15) days and any person who is aggrieved with the Village Board decision may, within thirty (30) days, appeal said decision to the Circuit Court by Writ of Certiorari as set forth in Sec. 68.13, Wis. Stats.

1.09 PERSONNEL POLICY.

(1) PERSONNEL HANDBOOK. The Village Board shall adopt written policies for personnel to govern the administration of pay, benefits, and other personnel actions. Additions, deletions, amendments, or modifications may be made from time to time with the approval of the Village Board.

(2) EFFECT. To the extent that the personnel of the Village of Bloomfield may be governed by separate policies, laws, collective bargaining agreements, or other regulations, the policies adopted herein shall not be pre-emptive. However, unless otherwise pre-empted, the policies adopted hereunder shall serve as a condition of continued employment with the Village of Bloomfield.

1.10 USE OF VILLAGE EQUIPMENT, TOOLS AND FURNISHINGS. Village equipment, including trucks, tractors, movers, etc., and other property of the Village shall not be rented, lent or otherwise made available for use to Village residents, commercial or nonprofit enterprises or the general public without the written consent of the Village Board.

1.11 OFFICIAL MAP.

(1) The Village Clerk or designee shall keep and maintain an official map of the Village of Bloomfield. Said map shall be approved by the Village Board. Street names appearing on said map shall be official street names pursuant to this ordinance.

(2) Any modification of the official map may be made by the Village Board. Modifications shall be made to coincide with street name changes, annexations, boundary adjustments, or such other matters as may be deemed advisable by the Village Board and as permitted by law. Once a change is made, the Clerk shall cause said change to be incorporated into said official map.

1.12 FACSIMILE SIGNATURES.

(1) AUTHORITY. The Village Board of the Village of Bloomfield, pursuant to Sec. 60.24(1)(c), Stats., authorizes the use of a facsimile signature by the Village Clerk or Treasurer for the Village President to sign or countersign all checks, drafts, or other orders for the payment of money.

(2) DEFINITION. Facsimile means an exact copy preserving all the marks of the original, including a “facsimile” signature or stamp-type replication.

(3) FACSIMILE SIGNATURE. The Village Clerk shall retain the custody and control of any facsimile signature or exemplar of same. CHAPTER 2 INDEX PUBLIC RECORDS

2.01 Purpose 2.02 Record Retention 2.03 Destruction of Obsolete Records

Chapter 2 Board Action Adopted (Chapter 30), July 1, 2013, Ordinance No. 2013-O-06 Revised August 5, 2013, Ordinance No. 2013-O-08 Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-17

CHAPTER 2

PUBLIC RECORDS

2.01 PURPOSE The purpose of this chapter is to establish a Village records retention schedule and authorize destruction of Village records pursuant to the schedule on an annual basis. This chapter shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or state administrative rules.

2.01.1 DEFINITIONS. For the purposes of this section, the following terms shall have the meanings indicated:

(1) AUTHORITY. Any of the following Village entities having custody of a Village record: an office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted subunit of the foregoing, any court of law.

(2) CUSTODIAN. That officer, department head, division head, or employee of the Village designated under §2.021 or otherwise responsible by law to keep and preserve any Village records on file, deposit or keep such records in his or her office, or is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.

(3) RECORD. Any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. “Record” includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), and computer printouts. “Record” does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.

2.02 RECORD RETENTION

2.020 DUTY TO MAINTAIN RECORDS

(1) Except as provided under §2.024, each officer and employee of the Village shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees and as required under §19.21, Wis. Stat.

(2) Upon the expiration of an officer’s term of office or an employee’s term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefore to the officer or employee, who shall file such receipt with the Village Clerk, If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to such successor upon the latter’s receipt.

2.02.1 LEGAL CUSTODIANS

(1) The Village Clerk, Deputy Clerk or in his or her absence or disability or in case of vacancy, the Village President, is hereby designated the legal custodian of all Village records.

(2) Unless otherwise prohibited by law, the Village Clerk or the Clerk's designee shall act as legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Village Board.

(3) For every authority not specified in subs. (1) or (2), the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian.

(4) Each legal custodian shall name a person to act as legal custodian in his or her absence or the absence of his or her designee.

(5) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under subch. II of Ch. 19, Wis. Stats., and this subchapter. The designation of a legal custodian does not affect the powers and duties of an authority under this section.

2.02.2 PUBLIC ACCESS TO RECORDS

(1) Except as provided in §2.023, any requester has a right to inspect a record and to make or receive a copy of any records as provided in §19.35(1) Wis. Stats.

(2) Records will be available for inspection and copying during all regular office hours for each authority which maintains regular business hours.

(3) If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon at least 48 hours advance notice of intent to inspect or copy.

(4) A requester shall be permitted to use facilities comparable to those available to Village employees to inspect, copy or abstract a record.

(5) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged. (6) A requester shall be charged a fee to defray the cost of locating and copying records as follows:

(a) The cost of photocopying shall be the present, current per page cost as determined by the custodian. Such cost shall be calculated not to exceed the actual, necessary and direct cost of reproduction.

(b) If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

(c) The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged.

(d) If mailing or shipping is necessary, the actual cost thereof shall also be charged.

(e) There shall be no charge for locating a record unless as otherwise provided per Wis. Stats. in which case the actual cost shall be determined by the legal custodian and billed to the requester.

(f) The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment if such estimate exceeds $5.

(g) Elected and appointed officials of the Village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

(h) The legal custodian may provide copies of a record without charge or at a reduced charge where he or she determines that waiver or reduction of the fee is in the public interest.

(7) Pursuant to §19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. This subsection does not apply .to members of the Village Board.

2.02.3 ACCESS PROCEDURES

(1) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under §19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under §2.022(6)(f). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.

(2) Each custodian, upon request for any record, shall, as soon as practicable without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefore. If the legal custodian, after conferring with the Village Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance.

(3) A request for a record may be denied as provided in §2.024. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, the determination is subject to review upon petition for a writ of mandamus under §19.37(1), Wis. Stats., or upon application to the attorney general or a district attorney.

2.02.4 LIMITATIONS ON RIGHT TO ACCESS Access to records shall only be limited by relevant state and federal law.

2.03 DESTRUCTION OF OBSOLETE RECORDS

(1) FINANCIAL RECORDS The following Village of Bloomfield village officers, pursuant to s. 19.21 (5), Wis. stats., may destroy the financial records, except utility records, of which they are the legal custodians and that are considered obsolete after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to s. 16.61 (3) (e), and then after such shorter period, as provided below, except that bonds and coupons after maturity may be destroyed after two years:

Bank statements, deposit books, slips and stubs.

(a) Bonds and coupons after maturity. (b) Canceled checks, duplicates and check stubs. (c) License and permit applications, stubs and duplicates. (d) Payrolls and other time and employment records of personnel included under the Wisconsin Retirement Fund. (e) Receipt Forms. (f) Special assessment records. (g) Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

(2) UTILITY RECORDS The Village of Bloomfield village officers, pursuant to s. 19.21 (5), Wis. stats., may destroy the following utility records of which they are the legal custodians and that are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, subject to state Public Service Commission regulations, but not less than seven years after the record was effective unless a shorter period has been fixed by the state Public Records Board pursuant to s.16.61 (3) (e), and then after such a shorter period, except that water stubs, receipts of current billings and customer’s ledgers may be destroyed after 2 years:

(a) Contracts and papers relating thereto. (b) Excavation permits. (c) Inspection records.

(3) OTHER RECORDS The Village of Bloomfield village officers, pursuant to s. 19.21 (5), Wis. stats., may destroy the following records of which they are the legal custodians and that are considered obsolete, but not less than 7 years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the state Public Records Board pursuant to s. 16.61(3)(3) and then after such a shorter period:

(a) Assessment rolls and related records, including board of review minutes. (b) Contracts and papers relating to contracts. (c) Correspondence and communications. (d) Financial reports other than annual financial reports. (e) Insurance policies. (f) Justice dockets. (g) Oaths of office. (h) Reports of boards, commissions, committees and officials duplicated in the council minutes. (i) Resolutions and petitions, provided the text of the same appears in the official minutes. (j) Election notices and proofs of publication, canceled voter registration cards, and Election materials as governed by State Statutes. (k) Official bonds. (l) Police records other than investigative records.

(4) TAPE RECORDINGS Any tape recordings of a governmental meeting of the City may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.

(5) DESTRUCTION AFTER REQUEST FOR INSPECTION No requested records may be destroyed until after the request is granted or 60 days after the request is denied. If an action is commenced under W.S.A. § 19.37, the requested record may not be destroyed until after a court order is issued and all appeals have been completed. See W.S.A. § 19.35(5).

(6) DESTRUCTION PENDING LITIGATION No record subject to pending litigation shall be destroyed until the litigation is resolved.

(7) REVIEW AND APPROVAL BY PUBLIC RECORDS AND FORMS BOARD. This section and the retention periods of less than seven years have been reviewed and approved by the Wisconsin Public Records and Forms Board.

(a) Records Retention Schedules (RESERVED) (b) Records Disposition Authorizations (RESERVED)

(8) HISTORICAL SOCIETY NOTIFICATION Prior to the destruction of any public record described in Sections IV, V, or VI at least 60 days' notice in writing shall be given to the State Historical Society of Wisconsin.” CHAPTER 3 INDEX FINANCE AND TAXATION

3.01 Preparation of Tax Roll and Tax Receipts 3.02 Fiscal Year 3.03 Budget 3.04 Changes in Budget 3.05 Village Funds to be Spent in Accordance with Appropriations 3.06 Claims Procedure 3.07 Payment of Claims Interim of Board Meetings 3.08 Duplicate Treasurer’s Bond 3.09 Temporary Investment of Funds not Immediately Needed 3.10 Disbursement of Village Funds

Chapter 3 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised June 2, 2012, Ordinance No. 2012-O-04 Revised December 2, 2013, Ordinance No. 2013-O-13 Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-17

CHAPTER 3

FINANCE AND TAXATION

3.01 PREPARATION OF TAX ROLL AND TAX RECEIPTS

(1) AGGREGATE TAX STATED ON TAX ROLL. Pursuant to Wis. Stat. 70.65(2), the Clerk shall, in computing the tax roll, insert only the aggregate amount of State, County, school and local taxes in a single column on the roll opposite the parcel or tract of land against which the tax is levied or, in the case of personal property, in a single column opposite the name of the person against whom the tax is levied. Each tax bill or receipt shall show the purpose for which such taxes are to be used giving the percentage for State, County, and local taxes.

(2) RATES STAMPED ON RECEIPTS. Pursuant to Wis. Stat. 74.08(1), in lieu of entering on each tax receipt the several amounts paid respectively for State, County, school, local and other taxes, the aggregate amount of such taxes shall be combined in a single column on the tax receipt issued by the Treasurer. The Treasurer shall cause to be printed or stamped on the tax receipt the separate proportion or rate of taxes levied for State, County, school, local or other purposes.

(3) REFUND OF TAX. Any property tax overpayment collected in the amount of $5.00 or less per parcel shall be offset by an Administrative Fee of an amount equal to the refund amount.

3.02 FISCAL YEAR The calendar year shall be the fiscal year.

3.03 BUDGET (1) PREPARATION.

(a) VILLAGE BOARD TO PREPARE. The Village Board shall annually prepare and submit a proposed budget presenting a financial plan for conducting the affairs of the Village for the ensuing fiscal year.

(b) INFORMATION REQUIRED. The budget shall include the following information:

1) The expense of conducting each department and activity of the Village for the ensuing fiscal year and corresponding items for the current year and last preceding fiscal year, with reasons for increase and decrease recommended as compared with appropriations for the current year. 2) An itemization of all anticipated income of the Village from sources other than general property taxes and bonds issued, with a statement comparing the amounts received by the Village from each of the same or similar sources for the last preceding and current fiscal year. 3) An itemization of the amount of money to be raised from general property taxes which, with income from other sources, shall be necessary to meet the proposed expenditures. 4) Such other information as may be required by the Board and by State law.

(c) COPIES REQUIRED. The Village shall provide a reasonable number of copies of the budge thus prepared for distribution to citizens.

(2) HEARING. The Board shall hold a public hearing on the budget as required by law.

(3) ACTION BY BOARD. Following the public hearing, the proposed budget may be changed or amended and shall take the same course in the Board as ordinances.

3.04 CHANGES IN BUDGET The amount of the tax to be levied or certified and the amounts of the various appropriations, and the purposed thereof, shall not be changed after approval of the budget except by a 2/3 vote of all the Trustees of the Village Board. Notice of such change shall be given by publication within 15 days thereafter in the official Village newspaper.

3.05 VILLAGE FUNDS TO BE SPENT IN ACCORDANCE WITH APPROPRIATIONS No money shall be drawn from the treasury of the Village, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by Section 3.04. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the General Fund and shall be subject to re-appropriation; but appropriations may be made by the Board, to be paid out of the income of the current year, in furtherance of improvements or other object or works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made has been accomplished or abandoned.

3.06 CLAIMS PROCEDURE

(1) All financial claims against the Village which are in the nature of bills and vouchers may be paid from the Village Treasury under Section 66.042 Wis. Stats. after the Village Clerk reviews and approves in writing each bill or voucher as a proper charge against the treasury, after having determined that:

(a) Funds are available under the Village Budget to pay the bill or voucher. (b) The item or service covered by the bill or voucher has been duly authorized. (c) The item or service covered by the bill or voucher has been supplied or rendered in conformity with the authorization. (d) The claim appears to be a valid claim against the Village.

The Village Clerk may require submission of proof to determine compliance with the conditions hereinabove set forth. Except as provided under Section 3.07, the Clerk shall file with the Village Board, monthly, before each regular Village Board meeting, a list of the claims approved, showing the date paid, name of claimant, purpose and amount. Every such bill or voucher that has been paid by the Clerk shall be filed by the Clerk; and those of each year shall be consecutively numbered and have endorsed thereon the number of the order on the Treasurer issued in payment; and the Clerk shall take a receipt thereon for such order.

No demand against the Village other than bills and vouchers as hereinabove provided, shall be paid until it has been audited by the Village Board and an order drawn on the Village Treasurer therefor. Every such account shall be itemized. After auditing, the Village Board shall cause to be endorsed by the Clerk, over his/her hand on each account, the words “allowed” or “disallowed”, as the fact is, adding the amount allowed, if any, and specifying the items or parts of items disallowed, if disallowed in part only. The minutes of the proceedings of the Board shall show to whom and for what purpose every such amount was allowed and the amount thereof. Every such account or demand allowed in whole or in part shall be filed by the Clerk; and those of each year shall be consecutively numbered and have endorsed thereon the number of the order on the Treasurer issued in payment; and the Clerk shall take a receipt thereon for such order.

(2) CLAIMS TO BE VERIFIED. All accounts, demands or claims against the Village shall be verified by the claimant or proper official.

(3) PAYMENT OF REGULAR WAGES OR SALARIES. Regular wages or salaries of Village officers and employees shall be paid by payroll, verified by the proper Village official and filed with the Village Clerk in time for payment on the regular pay day.

3.07 PAYMENT OF CLAIMS INTERIM OF BOARD MEETINGS

(1) That the Village Board of the Village of Bloomfield hereby authorizes the following payments to be processed by the Clerk/Treasurer upon presentation of a valid claim, provided that funds are available pursuant to the budget:

(a) Contract payments (b) Credit card and revolving store credit payments (c) Debt service payments (d) Election wage & expense disbursements (e) Payroll, payroll liabilities, and employee benefits (insurance, retirement, et.al. (f) Postage (g) Refunds (h) Training, conferences & workshop expenses (i) Water Utility expenses (j) Tax liabilities, including Settlements (k) Utility bills (l) Miscellaneous purchases, if under $500 (m) Emergency purchases: When a verified emergency expenditure occurs, which is declared by the Village President, the Village President has authorization to approve cash disbursements up to $25,000.00. The Village President shall require written explanation/ justification from the affected department head(s) and submit bills to the Clerk/Treasurer. The Clerk/ Treasurer shall provide a list of such disbursements to the Village Board, along with the regular bills list, for the next regularly scheduled Village Board Meeting. (n) Tax Refunds: All tax refunds shall be special processed within ten (10) business days after the amount is collected by the Village of Bloomfield. (o) Vendors to avoid penalty or interest: Since the processing of claims need to occur within the vendor’s requirements, to not incur penalty or interest on the outstanding claim, the Clerk/Treasurer is authorized to process the necessary checks to ensure the Village does not incur finance charges on Village accounts. The Clerk/Treasurer shall be required to submit a listing of all bills paid in this manner at the next Village Board meeting.

(2) That the Village Board shall be provided with a list of the claims that were paid during the interim of Village Board meetings at their next regularly scheduled Village Board meeting.

3.08 DUPLICATE TREASURER’S BOND

(1) ELIMINATED. The Village elects not to give the bond on the Village Treasurer provided for by Wis. Stat. 70.67(1).

(2) VILLAGE LIABLE FOR DEFAULT OF TREASURER. Pursuant to Wis. Stat. 70.67(2), the Village shall pay, if the Treasurer fails to do so, all State and County taxes required by law to be paid by such Treasurer to the County Treasurer.

3.09 TEMPORARY INVESTMENT OF FUNDS NOT IMMEDIATELY NEEDED The Treasurer may invest any Village funds not immediately needed, pursuant to Wis. Stat. 66.04(2) and in accordance with the Village’s Investment Policy as adopted by the Village Board.

3.10 DISBURSEMENT OF VILLAGE FUNDS Pursuant to Wis. Stat. 66.042, all disbursements of Village funds shall be by order checks which shall be signed by the Clerk/Treasurer, or Deputy Clerk/Treasurer in his/her absence, and the Village President, or the appointed President Pro-Tem or longest serving Village Board Trustee, and shall be provided from time to time in appropriate resolutions designating depositories adopted by the Village Board, certified copies of which shall be filed with such depositories.

CHAPTER 4 INDEX POLICE

4.01 Police Department Personnel 4.02 Chief of Police: Duties and Powers 4.03 Police Officers: Duties and Powers 4.04 Power of Arrest 4.05 Police Commission 4.06 RESERVED 4.07 RESERVED 4.08 RESERVED 4.09 Police Protection per Intergovernmental Agreement 4.10 Penalty

Chapter 4 Board Action Adopted December 20, 2011 as part of Village Incorporation Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-17

CHAPTER 4

POLICE DEPARTMENT

4.01 POLICE DEPARTMENT PERSONNEL

(1) ENUMERATED. The Police Department shall consist of the Chief of Police and such police officers as the Village Board may prescribe by ordinance or resolution.

(2) SALARY: COLLECTION OF FEES. The Chief shall receive the standard employee benefit package and a salary fixed by the Village Board and shall not be entitled to any other compensation or additional benefit, unless otherwise specified by a written contract approved by the Village Board. The police officers shall receive a hourly wage and benefit package as determined from time to time by the Village Board. All fees, bail deposits and other special remuneration or funds collected or received by the Department or any officers thereof shall be deposited with the Treasurer not less than monthly.

(3) TENURE OF CHIEF AND POLICE OFFICERS. The Chief of Police may be removed at any time for cause by a majority vote of the members of the Village Board. Other members of the Police Department shall hold office subject to the power of the Police Commission to suspend or remove any officers at its pleasure, subject to appeal by the Village Board.

4.02 CHIEF OF POLICE: DUTIES AND POWERS

(1) The Chief of Police shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon marshals and constables as provided in Wis. Stats. 61.28 and 61.31.

(2) He shall obey all lawful written orders of the Police Commission.

(3) He shall cause the public peace to be preserved and see that all laws and ordinances of the Village and State are enforced; and whenever any violation thereof comes to his knowledge, he shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender.

(4) He shall exercise supervisory control over all Department personnel and may adopt, subject to the approval of the Board, rules and regulations for the government, discipline, equipment and uniforms of police officers.

(5) He shall be solely responsible for the care and condition of the equipment used by his Department.

(6) He shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department and any other records the Board may request.

4.03 POLICE OFFICERS: DUTIES AND POWERS Each officer of the Department shall possess the powers conferred on marshals and constables by law and shall preserve the public peace and enforce the laws and ordinances of the State and Village subject to the orders, rules and regulations of the Chief, the President and the Village Board.

4.04 POWER OF ARREST The Chief of Police and any police officers shall arrest any person in the Village found in the act of violating any law or ordinance of the Village or State or aiding or abetting in such violation; and they shall arrest without warrant any person whom they have reasonable grounds to believe has violated any law or ordinance and who will not be apprehended unless immediately arrest, shall take any arrested person in charge and confine him and shall within a reasonable time bring such person before the court having jurisdiction thereof to be dealt with according to law.

4.05 POLICE COMMISSION

(1) ESTABLISHMENT. The Bloomfield Police Commission is hereby established pursuant to Secs. 60.57, 60.56 and 62.13, Wis. Stats.

(2) MEMBERSHIP. The Bloomfield Police Commission shall consist of five Town or Village of Bloomfield citizens, none of whom may be elected or appointed officials of either the Town or Village, nor may the members be employees of the Town or Village.

(3) QUORUM. Three members of the Police Commission shall constitute a quorum.

(4) TERM OF OFFICE. The Village President shall appoint, with the approval of the Village Board and Town Board, the membership of the Commission. Such appointments shall be made annually, initially, with one appointment for five years, one for four years, one for three years, one for two years and one for one year. Thereafter, all appointments shall be for a term of five years provided, however, the terms shall expire on the date of April 30th, the first term expiring in 1998.

(5) OFFICERS. There shall be an annual meeting within thirty days of any term expiration for the election of officers. Officers’ terms shall be no longer than one year, provided, however, officers may be re-elected if they are re-appointed or their term has not yet expired. There shall be an elected chairman to preside over meetings, a vice-chairman to act in the stead of the chairman and a secretary.

(6) MEETINGS. Meetings shall be upon notice required by law, but not less than annually, or as otherwise required by law. All meetings shall have a record kept of its proceedings.

(7) POWERS. The Commission shall have those powers and duties enumerated in Secs. 62.13, 60.57 and 60.56, Wis. Stats. and any other powers provided of a Commission enumerated in Section 61 and Section 66 of Wis. Stats.

4.06 - 4.08 RESERVED

4.09 POLICE PROTECTION PER INTERGOVERMENTAL AGREEMENT Any and all provisions of this Chapter also apply to coverage within the municipal boundaries of the Town of Bloomfield and enforcement and penalties of Town of Bloomfield Ordinances and regulations as adopted by the Town Board, provided that there is an active Intergovernmental Agreement for Police Services in force. The Police Commission membership shall revert to residents of the Village only if at any time the Intergovernmental Agreement becomes inactive for Police Services.

4.10 PENALTY Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in Section 25.04 of the Village of Bloomfield Municipal Code.

CHAPTER 5

FIRE & RESCUE

5.00 Village Incorporation Reference 5.01 Administrative Code Provisions Adopted 5.02 Establishment of Bloomfield Genoa City Fire and Rescue 5.03 Organization 5.04 Powers and Duties of Fire Chief 5.05 Control and Care of Apparatus 5.06 Authority of Department at Fires 5.07 Misconduct 5.08 Fire Inspectors 5.09 Reimbursement for Fire Calls 5.10 Hazardous Materials 5.11 Charges for Rescue Services 5.12 Penalty 5.13 Reimbursement for Copies

Chapter 5 Board Action Adopted December 20, 2011 as part of Village Incorporation (None of the references to “Town of Bloomfield” were changed to “Village of Bloomfield” because it is a 3-party agreement.) Revised September 10, 2012, Ordinance No. 2012-O-08 Revised February 4, 2013, Ordinance No. 2013-O-02 Repealed & Recreated May 4, 2015, Ordinance No. 2015-O-04

5.00 VILLAGE INCORPORATION REFERENCE

All provisions of this Chapter shall reflect a 3-party Intergovernmental Agreement between the Village of Genoa City, Town of Bloomfield, and Village of Bloomfield as of the date of incorporation of the Village of Bloomfield on 12/2011.

5.01 ADMINISTRATIVE CODE PROVISIONS ADOPTED

The Village of Bloomfield, Town of Bloomfield and Village of Genoa City does hereby adopt SPS 314 of the Wisconsin Administrative Code and as it is hereafter amended.

5.02 ESTABLISHMENT OF BLOOMFIELD GENOA CITY FIRE AND RESCUE

VILLAGE FIRE & RESCUE ESTABLISHED. Pursuant to Sections 60.55(1)(a)2, 61.65(2)(a)3. and 66.0301, Wis. Stats., the Village of Bloomfield, Town of Bloomfield and Village of Genoa City hereby establishes the Board of Directors for the Bloomfield Genoa City Fire and Rescue to oversee the function of the joint department, which will provide fire and rescue services and general emergency services to the Village of Bloomfield, Town of Bloomfield and Village of Genoa City.

(1) The Village of Bloomfield, Town of Bloomfield and Village of Genoa City with the Town of Bloomfield and Village of Genoa City hereby authorized the creation of a Joint Fire and Rescue Commission to oversee the hiring, firing and administration of other disciplinary action employed by the Joint Department.

(2) RATIFICATION OF PRIOR ACTS. All actions of the Bloomfield Genoa City Fire and Rescue or its predecessors that occurred prior to the passage of this ordinance are hereby ratified by the Village Board.

(3) The fire and rescues services agreement between the Town of Bloomfield, Village of Bloomfield, Town of Bloomfield and Village of Genoa City, and Village of Genoa City is hereby ratified and approved by the Village Board of the Village of Bloomfield, Town of Bloomfield and Village of Genoa City and is incorporated herein by reference.

5.03 ORGANIZATION

(1) GENERAL. The organization and internal regulation of the Fire and Rescue Departments shall be governed by the Board of Directors of the Bloomfield Genoa City Fire and Rescue, and by the provisions of this chapter, except as it is otherwise provided by law or ordinance.

(2) COMPOSITION. The Bloomfield Genoa City Fire and Rescue shall consist of a Fire Chief and as many assistants and officers and other fire and rescue personnel as may be appointed by the Chief and approved by the Bloomfield Genoa City Fire and Rescue Commission. However, at no time shall the Department have 50 or more members and employees.

(3) MEMBERSHIP. Membership shall be established by policies drafted by the Fire Chief and approved by The Bloomfield Genoa City Fire and Rescue Board of Directors.

5.04 POWERS AND DUTIES OF FIRE CHIEF

(1) APPOINTMENT OF CHIEF. The Bloomfield Genoa City Fire and Rescue Commission shall appoint a Fire Chief.

(2) APPLICABILITY. Appointments made prior to the enactment of this ordinance shall not be affected by this ordinance.

(3) GENERAL SUPERVISION. The Chief shall have the general supervision of the Department, which supervision shall be subject to and not conflict with this chapter and the policies and guidelines of the Department and shall enforce a rigid observance of this chapter and the policies and guidelines. The Chief shall be responsible for the personnel and general efficiency of the Department.

(4) PRESIDING OFFICER. The Chief should preside at all meetings, call special meetings, preserve order and decide all points of order that may arrive.

(5) REPORTS. The Chief shall submit a written report to the Bloomfield/Genoa City Fire and Rescue Board of Directors no later than April 1st of each year and at such other times as the Chief deems desirable relating to the condition of various pieces of apparatus and appurtenances, the number of fires occurring since the previous report and the loss occasioned thereby, the number of members of each company and the total number of active members in the Department. The Chief shall also report upon the drill and training program of the Department, together with such other pertinent information, including recommendations for improvements, as the Chief deems proper and necessary for the operation of the Department.

(6) ENFORCEMENT OF FIRE PREVENTION ORDINANCES. The Chief shall enforce all fire prevention ordinances of the Town, Villages and State laws and regulations pertaining to fire prevention and shall keep citizens informed on fire prevention methods and on the activities of the Department.

(7) FIRE RECORD. The Chief shall keep records as required by sec. SPS 314.01(11) of the Wisconsin Administrative Code or as thereafter amended of every fire to which the Department was called.

(8) EQUIPEMENT INVENTORY AND TESTING. The Chief shall keep an inventory of all equipment. The Chief or the Chief’s designee shall test said equipment as follows:

(a) Engines every year (b) ladders every year (c) SCBA as recommended by the manufacturer (d) hoses, showing dates and results of tests on each length, which shall be individually numbered.

(9) DUTIES OF COMMANING OFFICER. The Chief shall perform such other duties as are usually incumbent on the commanding officer of a Fire Department.

(10) OTHER DUTIES. The Chief shall be responsible for the promulgation of policies and guidelines for the Department and shall mandate compliance with all required training for members/employees of the Department.

5.05 CONTROL AND CARE OF EQUIPMENT

(1) CHIEF RESPONSIBLE. The Fire Chief shall have control of all equipment used by the Department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Chief.

(2) USE. Department equipment shall only be used for normal firefighting and rescue operations and other extracurricular activities that support the character of the department approved by the Fire Chief, unless specifically denied by the Board of Directors.

5.06 AUTHORITY OF DEPARTMENT AT FIRES

(1) COMMAND AT FIRES. The highest ranking Bloomfield Genoa City Fire and Rescue officer, or in the event no officer is present the most senor Bloomfield Genoa City Fire and Rescue firefighter shall have complete command of, and entire responsibility for, all firefighting operations and plan the control of the same, direct the action of the Department when it arrives at a fire, observe that the Department does its duty, grant leaves of absence at a fire when it is deemed proper and see that the firefighting apparatus is kept in proper condition at all times.

(2) CONTROL AT FIRES. The Fire Chief may prescribe certain limits in the vicinity of any fire within which no person except firefighters and police officers and those admitted by order of any officer of the Department may enter. The Chief may cause the removal of any property from a fire or to prevent the spread of the fire or to protect the adjoining property, and during the progress of any fire, the Chief may order the removal or destruction of any property necessary to prevent the further spread of fire. The Chief may also cause the removal of all wires during the progress of a fire.

(3) ENTERING PREMISES. Any firefighter acting under the direction of the Fire Chief or other officer in command may enter upon the premises adjacent to or in the vicinity of any building or other property then on fire to extinguish such fire and, if any person hinders, resists or obstructs a firefighter in the discharge of the Chief duty as herein provided, the person so offending shall be guilty of resisting a firefighter in the discharge of their duties.

5.07 MISCONDUCT

Any member, employee or officer of the Department who has been expelled or demoted for any offense or neglect of duty or insubordination may appear before the Bloomfield Genoa City Fire and Rescue Commission and state why such penalty should not be confirmed. The Bloomfield Genoa City Fire and Rescue Commission may affirm, modify, or reverse the action of the Department.

5.08 FIRE INSPECTORS

(1) FIRE INSPECTOR GENERALLY. The Fire Chief and/or the Fire Chief’s assign shall act as the Fire Inspector for the Village of Bloomfield, Town of Bloomfield and Village of Genoa City.

(2) DUTY OF INSPECTION.

(a) INSPECTIONS REQUIRED. Inspections shall conducted in accordance with the state law within the jurisdictions of the Department.

(b) SPECIAL INSPECT WARRANT. If consent to entry to personal or real properties which are not public buildings, or to portions of public buildings which are not open to the public, has been denied, the Fire Inspector shall obtain a special inspection warrant under Sec. 66.0119 Wis. Stat or as thereafter amended.

(3) RECORD AND REPORTS OF INSPECTIONS. The Fire Chief shall keep records as required by state law.

(4) CORRECTION OF FIRE HAZARDS. When any inspection by a Fire Inspector reveals a fire hazard, an Inspector may serve a notice in writing upon the owner of the property, giving such owner a reasonable time in which to remove the hazard. If the fire hazard is not removed within the time allowed, it shall be deemed a nuisance and the Fire Inspector may have the same removed by the Village of Bloomfield, Town of Bloomfield or Village of Genoa City, and the costs of such removal shall be recovered in an action by the Village of Bloomfield, Town of Bloomfield or Village of Genoa City against the owner of the property and may also be entered in the tax roll as a special charge against the property.

(5) COMPLIANCE WITH FIRE INSPECTOR. No person shall deny the Fire Inspector’s free access to any public and commercial buildings within the Village of Bloomfield, Town of Bloomfield and Village of Genoa City at any reasonable time to make fire inspections. No person shall hinder or obstruct a fire inspector in the performance of their duty or refuse to observe any lawful direction given by them.

5.09 REIMBURSEMENT FOR FIRE CALLS

If the Department incurs costs for a fire call by responding to a vehicle fire on any County, State or Town road or highway, the Department may charge the person to whom the fire call was provided a fee equal in amount to the actual out- of-pocket costs incurred by the Department in extinguishing the fire pursuant to sec 60.557 Wis. Stats.

5.10 HAZARDOUS MATERIALS

(1) COMPLIANCE REQUIRED. Every person using, storing, handling or transporting flammable or combustible liquids, chemicals, gasses or other hazardous materials shall comply with the requirements of state law and as thereafter amended.

(2) LIABILITY IMPOSED. Every person using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the Village of Bloomfield, Town of Bloomfield or Village of Genoa City, for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar materials or equipment employed to extinguish, confine, neutralize, contain or clean up any such hazardous material which is involved in any fire or accidental spill or in the threat of any fire or accidental spill.

5.11 CHARGES FOR RESCUE SERVICES

(1) REIMBURSEMENT FOR SERVICES REQUIRED. Any person who receives medical/rescue services from the Bloomfield Genoa City Fire and Rescue Department, or ambulance or other services from such departments shall be required to reimburse the Bloomfield Genoa City Fire and Rescue for such services at the rates as stated herein.

(2) DEFINITIONS.

For the purposes of this section, the following words have the following meanings:

(a) ALS means advanced life support. The pre-hospital and inter-facility emergency medical care consisting of basic life support procedures and invasive lifesaving procedures including the placement of advance airway adjuncts, intravenous infusions, manual defibrillation, electrocardiogram interpretation, administration of approved drugs and other advanced skills identified in the Wisconsin scopes of practice as provided by DHS 110.04 Admin Code.

(b) ALS Assessment is an assessment performed by an ALS crew as part of an emergency response that was necessary because the patient’s reported condition at the time of dispatch was such that only an ALS crew was qualified to perform the assessment. An ALS assessment does not necessarily result in a determination that the patient requires an ALS level of service.

(c) ALS Intervention is a procedure that is in accordance with State and local laws, required to be done by an emergency medical technician-intermediate (EMT- Intermediate) or EMT-Paramedic.

(d) ALS level 1 is the transportation by ground ambulance vehicle and the provision of medically necessary supplies and services including the provision of an ALS assessment or at least one ALS intervention which can include invasive techniques such as IV therapy, intubation and/or other drug administration, defibrillation, and airway management.

(e) ALS level 2 includes the transportation by ground ambulance vehicle and the provision of medically necessary supplies and services including (1) at least three separate administrations of one or more medications by intravenous push/bolus or by continuous infusion (excluding crystalloid fluids) or (2) ground ambulance transport, medically necessary supplies and services, and the provision of at least one of the ALS2 procedures listed below:

1. Manual defibrillation/cardioversion; 2. Endotracheal intubation; 3. Central venous line; 4. Cardiac pacing; 5. Chest decompression; 6. Surgical airway; or 7. Interosseous line

(f) BLS means basic life support. The emergency medical care that is rendered to a sick, disabled or injured individual, based on signs, symptoms or complaints, prior to the individual's hospitalization or while transporting the individual between health care facilities and that is limited to use of the knowledge, skills and techniques received from training required for licensure as an emergency medical technician — basic, or for certification as a first responder as defined by § 256.15 Wis. Stat.

(g) Standby Service means an ambulance with two medical technicians, will locate themselves at a function or event and will remain dedicated to that event, and will not be available for other routine EMS calls in the area. Dedicated standbys are subject to the availability of “EMS” crews and resources, however, are subject to removal at the discretion of the acting chief for immediate life- threatening emergencies.

(h) Treat/non-transport means any treatment performed by emergency medical technicians but no transportation is provided to a medical facility. On rare occasion these services will not be billed as the services provided were nominal. ______Ordinance 2013-O-02, 02/04/2013

(3) RATES FOR SERVICES. The rates for medical/rescue services provided by the Bloomfield Genoa City Fire and Rescue shall be as follows:

Service Resident Fee Non-Resident Fee

BLS $550 $650 ALS level 1 $675 $800 ALS level 2 $800 $925 Mileage Charge (per mile) $15 $15 Treat/non-transport $100 $125 Standby service $75 $75 ______Ordinance 2013-O-02, 02/04/2013

(4) AUTHORIZATION TO ESTABLISH ADDITIONAL SERVICE FEES. The Bloomfield Genoa City Fire and Rescue is hereby authorized to establish flat fees not incorporated with the above listed fees.

(5) WAIVER OF FEES. All fees collected shall be payable to Bloomfield Genoa City Fire and Rescue. Each respective community shall be permitted to waive the fees for its respective residents, businesses or individuals when incidents arise in their respective communities.

(6) EXTRATERRITORIAL CHARGES. Subject to any contrary provision of any Mutual Aid Agreement entered into between Bloomfield Genoa City Fire and Rescue and any other unit of local government, the charges provided for herein shall be charged by Bloomfield Genoa City Fire and Rescue for services rendered to all persons who receive care, treatment or transportation by Bloomfield Genoa City Fire and Rescue for emergencies occurring within or without the Village of Bloomfield, Town of Bloomfield and Village of Genoa City without regard to whether those services are performed by personnel manning units owned by Bloomfield Genoa City Fire and Rescue or by personnel manning units owned or controlled by other units of local government, pursuant to the provisions of Mutual Aid Agreements to which said unit of government and Bloomfield Genoa City Fire and Rescue are a party. ______Revised July 31, 2006, Ordinance 1029; Revised June 8, 2007, Ordinance 1030, Revised October 6, 2008, Ordinance 1038;

5.12 PENALTY

Any person who shall violate any provision of the chapter or any order, rule or regulation made hereunder, and any person who shall neglect or refuse to perform any duty required hereunder shall be subject to a penalty as prescribed in sec. 25.04 of this code.

5.13 REIMBURSEMENT FOR COPIES.

(1) The Bloomfield Genoa City Fire and Rescue Department is hereby authorized to levy and receive the following charges for requested copies of Fire and EMS Reports which are authorized to be released by Current Public Records Law.

(a) For all paper copies, all sizes- For single-sided copies: $1.00 each For double-sided copies: $2.00 each (b) For Audio/Video DVD or CD copies: $10.95 each (c) Records check: $10.00 each (d) Returned check (service fee): $30.00 each

(2) For any public record that must be copied professionally, the actual cost charged to the Bloomfield Geneva Fire and Rescue Department will be charged to the requestor.

(3) All charges must be paid before copies will be made. ______Established Ordinance 2012-O-08, 09/10/2012

CHAPTER 6 RESERVED

CHAPTER 7 INDEX TRAFFIC CODE

7.01 State Traffic Laws Adopted 7.02 Adoption of Wisconsin Administrative Code 7.03 One-way Streets 7.04 Mailboxes 7.05 Snow Emergency and Parking Restrictions 7.06 Speed Limits 7.07 Stop Signs 7.08 Operation of Motor Vehicles on Premises Held Out to Public Use 7.09 Classification of and Weight Limitations on Town Highways 7.10 Official Traffic Signs, Signals and Markers 7.11 Snowmobiles 7.12 Off-Highway Vehicles Regulated 7.13 Abandoned Vehicles 7.14 Disorderly Conduct with a Motor Vehicle 7.15 Enforcement 7.16 Penalty

Chapter 7 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised November 4, 2013, Ordinance No. 2013-O-12 Revised November 14, 2014, Ordinance No. 2014-O-19 Revised December 1, 2014, Ordinance No. 2014-O-21 Revised December 1, 2014, Ordinance No. 2014-O-23 Repealed & Recreated August 3, 2015, Ordinance No. 2015-O-05 Revised September 14, 2015, Ordinance No. 2015-O-06 Revised February 1, 2016, Ordinance No. 2016-O-01 Revised September 12, 2016, Ordinance No. 2016-O-07 Revised October 3, 2016, Ordinance No. 2016-O-08 Revised March 6, 2017, Ordinance No. 2017-O-01

CHAPTER 7

TRAFFIC CODE

7.01 STATE TRAFFIC LAWS ADOPTED

Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348 and Sec. 941.01, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment are hereby adopted and, by reference, made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions of modification of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform state-wide regulation of traffic on the highways, street and alleys of the State of Wisconsin. ______Adopted January 5, 2004, Ordinance No. 1005, Revised September 22, 2005, Ordinance No. 1020

7.02 ADOPTION OF WISCONSIN ADMINISTRATIVE CODE

(1) SECTIONS ADOPTED. Chapter TRANS 305 of the Wisconsin Administrative Code is hereby adopted by reference as though set forth fully herein, with the exception of Chapter TRANS 305.04, Wis. Ad. Code.

(2) PENALTIES. Penalties for violation of any of the above adopted Wis. Ad. Code Provisions shall result in a forfeiture of not less than $10.00 nor more than $200.00, pursuant to Sec. 110.075(7), Wis. Stats. ______Adopted January 5, 2004, Ordinance No. 1005, Revised September 22, 2005, Ordinance No. 1020

7.03 ONE-WAY STREETS

(1) Designations. All enactments by the Village Board, pursuant to Sec. 349.10, Wis. Stats., designating one-way streets, are incorporated into this Code by reference, which include:

Lake Shore Drive from Orchid Road to Thistle Road.

(2) Erections of Signs. Proper signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

(3) On all one-way streets, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic have been erected. ______Adopted January 5, 2004, Ordinance No. 1005, Revised September 22, 2005, Ordinance No. 1020

7.04 MAILBOXES

(1) The intent of this Ordinance is to establish standards for providing safe mailbox installation, and support and mounting standards, to protect the public and the Village of Bloomfield.

(2) MAILBOX CONTAINERS. All mailboxes shall be of a size, shape and material as approved by the United States Postal Service.

(3) MAILBOX SUPPORTS. Mailbox support posts shall consist of a square wood post no more than four inches by four inches nominal; a round wood post no more than four inches in diameter; a steel pipe no more than one and one half inches inside diameter; or a standard steel channel weighing no more than two pounds per foot. There shall be no set minimum sizes, but mailbox supports shall be of such reasonable strength as to be able to support any mailbox(es) thereon and able to withstand snowplow debris. Mailbox supports shall not be mounted on any other materials, devices or objects. Mailbox supports shall not be set in concrete, nor shall they be mounted to a base plate. Anti-twist flanges may be installed on pipe or channel-type support but shall not be embedded more than ten inches into the ground.

(4) ATTACHMENT. The mailbox-to-post attachment shall be of sufficient strength to prevent the separation of the mailbox from the support post when struck by an object.

(5) MULTIPLE MAILBOXES. No more than two mailboxes may be mounted on one support post. For a multiple installation, support posts shall be spaced a minimum longitudinal distance apart which is equal to three quarters of the height of the posts in the installation.

(6) LOCATION. Mailboxes shall be located on the right side of the road, except that mailboxes may be located on the left side of the road on one-way roads or streets. Mailboxes shall be located on the far side of driveways. The front face of any mailbox shall not extend over the edge of the traveled way or of a paved shoulder, if one exists at that location. Mailboxes shall be installed so as to avoid blind spots or poor site distance locations. The Village of Bloomfield will maintain a supply of standard drawings of approved mailbox installations for issuance upon request. On any highways in the Village of Bloomfield with speed limits of 45 miles per hours or more, mailboxes shall be sufficiently set back from the highway so the rural carrier may leave the roadway to make the delivery. For any such locations, the mailbox owner shall provide a graveled or paved area for the postal carrier to drive their vehicle, without sinking into the surface. All mailbox site locations shall be subject to the approval of the United States Postal Service or their agent.

7.05 SNOW EMERGENCY AND PARKING RESTRICTIONS

(1) GENERAL RESTRICTIONS. It shall be a violation of this code for any person to park any vehicle of any kind or description during any time of the day or night inclusive, upon any roadway, public or private, if said private road is held out to use the public, so as to cause obstruction of plowing, or block traffic, or inhibit traffic flow for emergency purposes.

(2) OVERNIGHT PARKING. Overnight parking on roadways in the Village between the hours of 2 a.m. and 6 a.m. is prohibited.

(3) SNOW EMERGENCY AND PARKING RESTRICTIONS. No person shall park, place or leave standing any automobile, truck or other vehicle, except an emergency vehicle, on or within five (5) feet of any street or public way after a two (2) inch snowfall. There is hereby declared an emergency to exist in the Village of Bloomfield by reason of a heavy snowstorm whenever snow falls during any period of twenty-four (24) hours or less to depth of two (2) inches or more in that such storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health, police protection, snow removal equipment and other vital facilities of the Village. Such emergency is declared to continue until such time as snow-plowing operations have been declared completed.

(4) ROAD MAINTENANCE. Whenever it is necessary to clear or repair a Village roadway or any part thereof, the Village shall post such highways, or parts thereof with signs bearing the words “No Parking.” Such signs shall be erected at least two (2) hours prior to the time that street maintenance work is to be commenced. No person shall park any motor vehicle in violation of such signs.

(5) PARKING IN DRIVEWAYS. No person shall park or leave standing any motor vehicle in any private driveway without the permission of the owner or lessee of the property upon which such driveway is located, whether or not such driveway is posted to limit or restrict parking.

(6) PARKING VEHICLES WITH MOTOR RUNNING. No person shall park or leave standing any motor vehicle with the motor or refrigerator unit running for more than five (5) minutes within three hundred (300) feet of any residence within the Village between the hours of 10:00 p.m. and 7:00 a.m., except for emergency vehicles.

(7) SEMI-TRACTORS AND TRAILERS.

(a) No person shall park or store any semi-trailer in the following subdivisions in the Village of Bloomfield:

Pell Farm Annex Subdivision Pell Lake Addition Subdivision Pell Lake Subdivision sections “A”, “B”, and 1-7 Pell Lake Highlands Subdivision Sitterle’s Subdivision Sitterle’s Subdivision Addition

(b) The Village Board may grant an exception to this section upon written application of the party seeking to park a semi-tractor contrary to this section. Any exception granted hereunder may be revoked by the Village Board upon not less than five days written notice to the applicant, who may show cause to the Village Board why said exception shall not be revoked.

(c) No person shall park or store any semi-trailer on Village property without the express written consent of the Village Board.

(8) OTHER RESTRICTIONS. No person may park any motor vehicle in any area where official signs prohibiting parking have been authorized to be erected by the Village Board.

(9) PENALTIES AND REMEDIES. Any violation of this ordinance shall be subject to the penalty provisions of Sec. 25.04 of these ordinances. Notwithstanding any penalty imposed hereunder, any vehicle found to be in violation of Sec. 7.05 of these ordinances may be towed away at the direction of the Village at the owner’s expense. ______Adopted January 5, 2004, Ordinance No. 1005, Revised September 22, 2005, Ordinance No. 1020

7.06 SPEED LIMITS The Village Board hereby determines that the statutory speed limits on the following streets and highways or portions thereof are unreasonable, unsafe and imprudent and modifies such speed limits as follows

(1) 15 MILES PER HOUR SCHOOL ZONE SIGNS.

BLOOMFIELD RD e/b to Hwy 120 BLOOMFIELD RD W/B from Hwy 120 to Hwy H LAKE GENEVA HWY w/b to Hillside Blvd LAKE GENEVA HWY e/b to Clover Road

(2) 25 MILES PER HOUR SPEED LIMIT SIGNS.

CLOVER RD n/b from Hwy H to North of Lake Geneva Hwy CLOVER RD s/b from North of Lake Geneva Hwy to Hwy H DAISY DR n/b from Wisteria Road to North of Roman Lane DAISY DR s/b from North of Roman Lane to Wisteria Road DOUGLAS AVE w/b from Mariondale Rd to Charles Young Drive DUNBAR AVE w/b from Mariondale Rd to DuSable Avenue HILLSIDE BLVD s/b from Lake Geneva Hwy to Park Road LAKE GENEVA HWY w/b from Clover Road to Manor Terr. LAKE GENEVA HWY e/b from Manor Terr. to Clover Road LAKE ST e/b from Powers Lake Rd North Side LAKE ST e/b from Powers Lake Rd South Side N. LAKESHORE DR e/b from Clover Road to Orchid Drive N. LAKESHORE DR w/b from Orchid Drive to Clover Road MARIONDALE RD n/b from Bloomfield Rd to Hwy 50 MARIONDALE RD s/b from Hwy 50 to Bloomfield Rd ORCHID DR n/b from North Lakeshore Drive to Lotus Road PELL LAKE DR e/b from Orchid Drive to Pell Lake Drive POINSETTA RD e/b from Clover Rd to South Lakeshore POWERS LAKE RD n/b from Nippersink Road to the County Line POWERS LAKE RD s/b from the County Line to Nippersink Rd PRIMROSE RD e/b from Thistle Road to Chicago Drive PRIMROSE RD w/b from Chicago Drive to Thistle THISTLE RD e/b from Orchid Dr to South Lakeshore Drive TOMBEAU RD n/b from County Line to Nippersink Road TOMBEAU RD s/b from Nippersink Rd to County Line TOWNLINE RD e/b from Hwy H to North Road TOWNLINE RD w/b from North Road to Hwy H WASHINGTON AVE w/b from Mariondale Road to DuSable Road

(3) 30 MILES PER HOUR SPEED LIMIT SIGNS.

NIPPERSINK RD w/b from Kenosha County Line to Powers Lake Rd NIPPERSINK RD e/b from Powers Lake Rd to the Kenosha Cty Line

(4) 35 MILES PER HOUR SPEED LIMIT SIGNS.

BLOOMFIELD RD w/b .5 miles west of North Road to Hwy H BLOOMFIELD RD e/b from Hwy H to .5 miles west of North Road BLOOMFIELD RD e/b & w/b .3 miles between Wells St. and Hwy 120 DARLING RD s/b from Twin Lakes Road to Freeman Street DARLING RD n/b from Freeman Street to Twin Lakes Road LANGE RD, n/b and s/b, County Road B to State Line Rd. LITCHFIELD RD, w/b from Clover Road to Hwy. H LITCHFIELD RD, e/b from Hwy. H to Clover Road PELL LAKE DR e/b from Daisy Drive to Hwy 12 PELL LAKE DR w/b from Hwy 12 to Daisy Drive THUNDERBIRD RD s/b from Hwy B to Deignan Rd THUNDERBIRD RD n/b from Deignan Rd to Hwy B WELLS ST.(OLD HWY. H) n/b & s/b .2 miles south of Hwy. 120

(5) 45 MILES PER HOUR SPEED LIMIT SIGNS.

BLOOMFIELD RD e/b & w/b from Hwy. 120 to Eastside Road CLOVER RD s/b from Bloomfield Road to Lake Geneva Hwy CLOVER RD n/b from Lake Geneva Hwy to Bloomfield Rd HAFS RD w/b from Hwy U to Bloomfield Road HAFS RD e/b from Bloomfield Rd to Hwy U HIGHWAY TRUNK H, s/b from 148 feet north of Peach Road HIGHWAY TRUNK H, n/b from 137 feet south of Eagle Road HIGHWAY TRUNK U, s/b from 365 feet north of Pell Lake Drive HIGHWAY TRUCK U, n/b from 325 feet south of Powers Lake Road LAKE GENEVA HWY w/b west of Manor Terr. to Hwy H LAKE GENEVA HWY e/b from Hwy H to west of Manor Terr. PELL LAKE DR e/b from Hwy 12 to Hwy U PELL LAKE DR w/b from Hwy U to Hwy 12 POWERS LAKE RD w/b from Nippersink Rd. to Hwy U POWERS LAKE RD e/b from Hwy U to Nippersink Rd TOWNLINE RD e/b from Hwy 12 to the Town of Lyons Town line TWIN LAKES RD e/b from Daisy Drive to Hwy U TWIN LAKES RD w/b from Hwy U to Daisy Drive WILLIAMS RD s/b from Hwy B to South Road WILLIAMS RD n/b from South Road to Hwy B

______Adopted January 5, 2004, Ordinance No. 1005; Revised August 2, 2004, Ordinance No. 1016; Revised September 22, 2005, Ordinance No. 1020, Revised February 6, 2006, Ordinance No. 1025, Revised November 14, 2014, Ordinance No. 2014-O-19, Revised December 1, 2014, Ordinance No. 2014-O-21, Revised February 1, 2016, Ordinance No. 2016-O-01, Revised September 12, 2016, Ordinance No. 2016-O-07, Revised October 3, 2016, Ordinance No. 2016-O-08, Revised March 6, 2017, Ordinance No. 2017-O- 01

7.07 STOP SIGNS

(1) VEHICLES TO STOP AT STOP SIGNS. Every operator of a vehicle approaching an official stop sign at an intersection shall cause such vehicle to stop before entering the intersection except when directed to proceed by a traffic officer or traffic control signal.

(2) LOCATION OF STOP SIGNS. Stop signs shall be erected and maintained at the following locations in the village:

BANNECKER DRIVE, n/b and s/b, at Washington Avenue BERNICE ROAD, e/b, at Clover Road BERNICE ROAD, w/b and e/b, at Hillside Road BERNICE ROAD, w/b and e/b, at Cedar Road BIRCHWOOD ROAD, w/b and e/b, at Hillside Road BIRCHWOOD ROAD, e/b, at Cedar Road BLOOMFIELD ROAD, e/b, at East Side Road BLOOMFIELD ROAD, w/b, at County Trunk Hwy. H CAMELIA ROAD, e/b and w/b, at Daisy Drive CAMELIA ROAD, e/b and w/b, at Moss Road CAMELIA ROAD, e/b and w/b, at Chicago Dr. CAMELIA ROAD, w/b, at Thistle Drive CAMELIA ROAD, e/b and w/b, at Jasmine Road CEDAR ROAD, s/b and n/b, at Eastwood Road CEDAR ROAD, s/b, at Park Road CEDAR ROAD, n/b, at Lake Geneva Hwy. CELADINE, w/b, at Lakeshore Drive CHARLES YOUNG DRIVE, n/b and s/b, at Washington Ave. CHESTNUT ROAD, w/b, at County Trunk Hwy. H CHICAGO DRIVE, n/b, at Pell Lake Drive CHICAGO DRIVE, n/b and s/b, at Florence Road CHICAGO DRIVE, s/b, at Wisteria Road CIRCLE DRIVE, e/b, at Tombeau Road CLOVER ROAD, n/b and s/b, at N. Lake Shore Drive CLOVER ROAD, n/b, at Bloomfield Road CLOVER ROAD, s/b, at County Trunk Hwy. H CLOVER ROAD, s/b, at Lake Geneva Hwy. CONDON ROAD, w/b, at County Trunk Hwy. H CONDOR ROAD, w/b at Walnut CONDOR ROAD, e/b at Walnut COUNTY TRUNK HIGHWAY B, w/b, at County Trunk Hwy. U COUNTY TRUNK HIGHWAY H, e/b, at State Route 12, s/b exit ramp COUNTY TRUNK HIGHWAY H, n/b, at Bloomfield Road COUNTY TRUNK HIGHWAY H, s/b, at Bloomfield Road COUNTY TRUCK HIGHWAY H, w/b and s/b, State Hwy. 12 exit ramp CRIPSUS ATTUCKS DRIVE, n/b and s/b, at Washington Avenue DAHLIA, e/b and w/b, at Catalapa Road DAISY DRIVE, n/b and s/b, at Pell Lake Drive N. DAISY DRIVE, n/b, at Hafs Road DAISY DRIVE, s/b, at County Hwy. H N. DAISY DRIVE, s/b, at w/b entrance ramp of U.S. Hwy. 12 DARLING ROAD, s/b, at County Trunk Hwy. H DARLING ROAD, n/b, at Twin Lakes Road DARLING ROAD, w/b, at Darling Road DEIGNAN ROAD, e/b, at County Trunk H DEIGNAN ROAD, w/b, at Spring Creek Road DOUGLAS ROAD, e/b, at Mariondale Road DUMAS DRIVE, n/b, at Washington Avenue DUNBAR ROAD, e/b, at Mariondale Road EAGLE ROAD, w/b, at County Trunk H EAST END ROAD, n/b, at County Trunk Hwy. H EAST SIDE ROAD, n/b, at State Hwy. 50 EAST SIDE ROAD, s/b, at County Trunk Hwy U EASTWOOD ROAD, e/b, at Clover Road EASTWOOD ROAD, e/b and w/b, at Cedar Road EASTWOOD ROAD, w/b and e/b, at Hillside Road EAU CLAIRE ROAD, e/b and w/b, at Daisy Drive EAU CLAIRE ROAD, e/b and w/b, at Moss Road EAU CLAIRE ROAD, e/b and w/b, at Chicago Drive EAU CLAIRE ROAD, w/b, at Thistle Drive EAU CLAIRE ROAD, e/b and w/b, at Jasmine Road EVERGREEN ROAD, e/b and w/b, at Rosewood Road EVERGREEN ROAD, e/b and w/b, Sandelwood Road FAIRVIEW ROAD, e/b, at Clover Road FAIRVIEW ROAD, e/b and w/b, at Hillside Blvd. FAIRVIEW ROAD, w/b and e/b, at Cedar Road FISK DRIVE, n/b and s/b, at Washington Avenue FLORENCE ROAD, e/b and w/b, at Daisy Drive FLORENCE ROAD, e/b and w/b, at Thistle Road FLORENCE ROAD, e/b and w/b, at Moss Road FLORENCE ROAD, e/b and w/b, at Chicago Drive FLORENCE ROAD, e/b and w/b, at Jasmine Road GERANIUM ROAD, e/b and w/b, at Daisy Drive GERANIUM ROAD, e/b and w/b, at Moss Road GERANIUM ROAD, w/b, at Orchid Road GERANIUM ROAD, e/b and w/b, at Chicago Dr. GERANIUM ROAD, e/b and w/b, at Jasmine Road GILES DRIVE, n/b and s/b, at Washington Avenue GLENWOOD ROAD, w/b, at Hillside Road GLENWOOD ROAD, e/b and w/b, at Cedar Road GLENWOOD ROAD, e/b, at Clover Road GREEN ROAD, e/b and w/b, at Daisy Drive GREEN ROAD, e/b and w/b, at Moss Road GREEN ROAD, e/b, at Chicago Drive GREEN ROAD, w/b, at Thistle Drive GREEN ROAD, e/b and w/b, at Jasmine Road GREENVIEW ROAD, e/b, at Clover Road GREENVIEW ROAD, w/b, at Hillside Road GREENVIEW ROAD, w/b and e/b, at Cedar Road GREENVIEW ROAD, w/b, at Park Road GROVE ROAD, w/b, at Clover Road HAFS ROAD, e/b, at County Trunk Hwy. U HAFS ROAD, n/b, at Bloomfield Road HAWTHORNE ROAD, w/b, at S. Lake Shore Drive HAWTHORNE ROAD, w/b, at Mulberry Rd. HEMLOCK ROAD, n/b and s/b, at Chestnut Road HEMLOCK ROAD, n/b and s/b, at West Post Road HEMLOCK ROAD, e/b, at Clover Road HEMLOCK ROAD, e/b and w/b, at Locust Road HIGH ROAD, n/b, at County Trunk Highway B HIGHLAND BLVD., e/b, at Clover Road HIGHLAND BLVD., e/b and w/b, at Hillside Blvd. HIGHLAND BLVD., w/b and e/b, at Cedar Road HILLSIDE BLVD., n/b, at Lake Geneva Hwy. HILLSIDE BLVD., n/b and s/b, at Highland Blvd. HILLTOP ROAD, e/b, at Tombeau Road HOLLYWOOD ROAD, w/b, at Hillside Road HOLLYWOOD ROAD, e/b, at Cedar Road HONEYSUCKLE ROAD, e/b, at Clover Road HONEYSUCKLE ROAD, w/b and e/b, at Hillside Road HONEYSUCKLE ROAD, w/b and e/b, at Cedar Road HOWARD DRIVE, n/b and s/b, at Washington Avenue HYACINTH ROAD, e/b and w/b, at Daisy Drive HYACINTH ROAD, e/b and w/b, at Moss Road HYACINTH ROAD, e/b, at Orchid Road HYACINTH ROAD, e/b and w/b, at Chicago Drive HYACINTH ROAD, e/b and w/b, at Jasmine Road IRIS ROAD, e/b, at Tombeau Blvd. JASMINE ROAD, n/b, at Pell Lake Drive JASMINE ROAD, n/b and s/b, at Florence Road JUNEAU ROAD, e/b and w/b, at Daisy Drive JUNEAU ROAD, e/b and w/b, at Moss Road JUNEAU ROAD, e/b, at Chicago Drive JUNEAU ROAD, e/b and w/b, at Jasmine Road JUNEAU ROAD, e/b and w/b, at Thistle Road LAKE GENEVA HIGHWAY, e/b, at Clover Road LAKE GENEVA HIGHWAY, w/b, at County Trunk Hwy. H LAKE SHORE DRIVE, e/b, at Thistle Road LAKE SHORE DRIVE, s/b, at Poinsettia Road LANGE ROAD, n/b, at County Trunk Hwy. B LAUREL DRIVE, n/b and s/b, at Hawthorne Road LINCOLN DRIVE, n/b and s/b, at Washington Avenue LITCHFIELD ROAD, e/b, at Clover Road LITCHFIELD ROAD, w/b, at County Trunk Hwy. H LOCUST ROAD, w/b, at County Trunk Hwy. H LOVERTURE DRIVE, n/b and s/b, at Washington Avenue LYONS ROAD, s/b, at North Bloomfield Road MANOR TERRACE, n/b, at Lake Geneva Highway MARIONDALE ROAD, n/b, at State Hwy. 50 MARIONDALE ROAD, s/b, at N. Bloomfield Road MOSS ROAD, n/b, at Pell Lake Drive MOSS ROAD, n/b and s/b, at Florence Road MULBERRY ROAD, n/b, at Hawthorne Road MYRTLE ROAD, e/b and w/b, at Moss Road MYRTLE ROAD, w/b, at Thistle Road MYRTLE ROAD, e/b and w/b, at Chicago Drive MYRTLE ROAD, w/b, at Daisy Drive MYRTLE ROAD, e/b and w/b, at Jasmine Road NORTH CIRCLE DRIVE, e/b, at Tombeau Road NORTH LAKE SHORE DRIVE, e/b, at Orchid Road NORTH ROAD, n/b, at Townline Road NORTH ROAD, s/b, at Bloomfield Road OAKWOOD ROAD, w/b, at Hillside Road OAKWOOD ROAD, e/b, at Cedar Road ORCHID ROAD, n/b and s/b, at Pell Lake Drive ORCHID ROAD, s/b, at Thistle Road NORTH OVERLOOK DRIVE, e/b, at Daisy Drive SOUTH OVERLOOK DRIVE, e/b, at Daisy Drive PALM ROAD, n/b, at Clover Road PARK ROAD, e/b, at Clover Road PEACH ROAD, W/B, AT County Trunk Hwy. H PELL LAKE DRIVE, w/b, at Orchid Road PELL LAKE DRIVE, e/b, at County Trunk Hwy. U PELL LAKE DRIVE, w/b, at Clover Road PELL LAKE DRIVE, e/b, at Clover Road PHLOX DRIVE, s/b, at Hawthorne Road PHYLLIS WHEATLEY DRIVE, n/b and s/b, at Washington Avenue PINE ROAD, e/b, at Clover Road PINE ROAD, e/b and w/b, at Locust Road POINSETTA ROAD, w/b, at Clover Road POSEY ROAD, w/b, at Clover Road POST ROAD, e/b and w/b, at Clover Road POST ROAD, e/b and w/b, at Park Road POWERS LAKE ROAD, s/b, at Nippersink Road POWERS LAKE ROAD, w/b, at County Trunk Hwy U PRIMROSE ROAD, e/b and w/b, at Daisy Drive PRIMROSE ROAD, e/b and w/b, at Moss Road PRIMROSE ROAD, e/b, at Chicago Drive PRIMROSE ROAD, w/b, at Thistle Drive PRIMROSE ROAD, e/b and w/b, at Jasmine Road RIDGE ROAD, n/b, at County Trunk Hwy. B ROMAN LANE, w/b, at Daisy Drive ROSEWOOD ROAD, n/b and s/b, at Hawthorne Road ROSEWOOD ROAD, e/b, at Daisy Drive SANDALWOOD, n/b, at Hawthorne Road SANDALWOOD, s/b, at Rosewood Road SOUTH ROAD, w/b, at U.S. Hwy. 12 SPRING CREEK ROAD, n/b, at County Trunk Hwy. H SPRING CREEK ROAD, s/b, at County Trunk Hwy. B SPRUCE ROAD, e/b and w/b, at West Post Road SPRUCE ROAD, e/b, at Clover Road SPRUCE ROAD, e/b and w/b, at Locust Road SUNSET DRIVE, e/b, at Hillside Road THISTLE ROAD, w/b, at Orchid Road THUNDERBIRD ROAD, n/b, at Deignan Road THUNDERBIRD ROAD, s/b, at County Trunk Hwy. B TOMBEAU ROAD, n/b, at Nippersink Road TOMBEAU ROAD, n/b, at 97th Street TOWN HALL ROAD, n/b, at Hemlock Road TOWN HALL ROAD, w/b, at County Trunk Hwy. H TUSKEGEE DRIVE, n/b and s/b, at Washington Avenue TWIN LAKES ROAD, e/b, at County Trunk Hwy. U TWIN LAKES ROAD, w/b, at Daisy Drive U.S. HWY 12 EXIT RAMPS, n/b and s/b, at Pell Lake Drive VALLEY DRIVE, e/b, at Tombeau Blvd. VERONICA ROAD, e/b, at Mulberry Road VIOLET ROAD, e/b and w/b, at Moss Road VIOLET ROAD, w/b, at Daisy Drive VIOLET ROAD, e/b and w/b, at Chicago Drive WALNUT ROAD, n/b, at Clover Road WALNUT ROAD, s/b, at Hemlock Road WALNUT ROAD, n/b and s/b, at West Post Road WALNUT ROAD, e/b and w/b, at Locust Road WASHINGTON DRIVE, e/b, at Mariondale Road WEST FOREST ROAD, e/b, at Clover Road WEST FOREST ROAD, e/b and w/b, at Cedar Road WEST FOREST ROAD, w/b, at Hillside Blvd. WEST LAKE SHORE DRIVE, e/b, at Clover Road WEST POST ROAD, w/b, at County Trunk Hwy. H WEST POST ROAD, n/b, at Park Road WEST POST ROAD, n/b, at Pine Road WEST SIDE ROAD, n/b, at State Hwy. 120 WEST SIDE ROAD, n/b, at County Trunk Hwy. B WHITE PIGEON ROAD, n/b, at County Trunk Hwy. H WHITE PIGEON ROAD, s/b, at County Truck Hwy. B WILD ROSE ROAD, w/b, at Williams Road WILLIAMS ROAD, n/b, at County Trunk Hwy. B WILLIAMS ROAD, s/b, at South Road WISTERIA ROAD, w/b, at Chicago Drive YALE PLACE, e/b, at County Trunk Hwy. H

______Adopted January 5, 2004, Ordinance No. 1005; Revised November 1, 2004, Ordinance No. 1017; Revised September 22, 2005, Ordinance No. 1020, Revised October 7, 2005, Ordinance No. 1021, April 9, 2009, Ordinance No. 1042, Revised November 4, 2013, Ordinance No. 2013-O-12, Revised September 14, 2015, Ordinance No. 2015-O-06

7.08 DISORDERLY CONDUCT WITH A MOTOR VEHICLE

(1) GENERALLY. No driver of any vehicle shall make such a fast start or takeoff as to cause the tires to squeal or peal and leave tire marks on the roadway, or to cause such vehicle to start from a stopped position in such a manner as to endanger life or property. No driver or any of his or her passengers shall cause any unnecessary disturbance with or from any vehicle.

(2) OTHER ACTIONS PROHIBITED. No driver of any vehicle shall drive upon or allow such vehicle to roll upon, or across, or park upon any private or public property in the municipality without the permission of the owner of such property. ______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020, Revised December 5, 2011, Ordinance No. 1070

7.09 CLASSIFICATION OF WEIGHT LIMITATIONS ON TOWN HIGHWAYS

(1) CLASS B HIGHWAYS DESIGNATED. All roads, highways and alleys within the Village are designated as Class B highways and shall be subject to the weight limitations imposed by Sec. 348.16, Wis. Stats.

(2) SPECIAL OR SEASONAL WEIGHT LIMITATIONS

(a) The Village President is empowered to exercise the authority granted by Sec. 349.17(1), Wis. Stats., to impose temporary seasonal special weight limitations on any Village road or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence of such special limitations.

(b) Imposition of the special weight limitations authorized by paragraph (a) above shall be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special weight limit is in effect and the nature of that limitations.

(c) The Village President is further empowered to exercise the discretion authorized by Sec. 349.16, Wis. Stats., to exempt vehicles carrying certain commodities such as construction materials and fuel from the limitations imposed by paragraph (a) above or to set different weight limitations than those imposed by paragraph (a) above for vehicles carrying such commodities if, in the judgement of the President, the exemption or limitation is reasonable and necessary to promote the public health, safety and welfare.

(3) STATUTORY WEIGHT LIMITS FOR IMPLEMENTS OF HUSBANRY

(a) Pursuant to Sec. 348.15(9)(f) of Wis. Stats. all implements of husbandry, including Category B implements of husbandry defined in Wis. Stats. Sec. 340.01(24)(a)1.b., may not exceed the weight limits imposed by Chapter 348.15(3)(g) of Wis. Statutes; and

(b) To exceed the length and/or weight limitations on highways under this jurisdiction, applicant(s) may apply for a no-fee permit with the municipal clerk; and

(c) Pursuant to Sec. 348.27(19)(b)(4m)a., in the event an application for a no-fee permit is made for a Category B implement of husbandry as defined in Sec. 340.01(24)(a)1.b., the municipal jurisdiction or county is required to provide an approved alternate route, which may include highways that are not under this jurisdiction if prior approval has been given by the jurisdiction over the alternate routes not under this entity’s jurisdiction for the operation of Category B implements of husbandry as defined in Sec. 340.01(24)(a)1.b. ______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020; Revised December 1, 2014 Ordinance No. 2014- O-23

7.10 OFFICIAL TRAFFIC SIGNS, SIGNALS AND MARKERS

(1) DUTY OF THE HIGHWAY DEPARTMENT TO ERECT AND INSTALL UNIFORM TRAFFIC CONTROL DEVICES. Whenever traffic regulations created by this chapter, including a State traffic regulation, adopted by reference in Sec. 7.01 of this chapter, require the erection of traffic control devices for enforcement, the Chief of Police or his designee, with the cooperation of the municipal Highway Department, shall cause the procurement, installation and maintenance of uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulation to the users of the streets and highways on which such regulations apply. Whenever State law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such locations and in such a manner as, in the judgement of the Chief of Police, will carry out the purposes of this chapter and give adequate warning to users of the streets and highways of the municipality.

(2) PROHIBITED SIGNS AND MARKERS IN HIGHWAYS. No person other than an officer authorized by this chapter to erect and maintain official traffic control devices, or his designee, shall place within the limits of any street or highway maintained by the municipality any sign, signal, marker, mark or monument unless permission is first obtained from the Village Board. Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal, as provided in Sub. (3) below.

(3) REMOVAL OF UNOFFICIAL SIGNS, SIGNALS, MARKERS AND TRAFFIC CONTROL DEVICES. The Chief of Police shall cause to be removed any sign, signal, marker or other device which is placed, maintained or displayed in violation of this chapter or State law. Any charge imposed against premises for removal of a prohibited or illegal sign, signal, marker or device shall be reported by the Chief of Police to the Village Board for review and certification at its next regular meeting following the imposition of the charge. Any charge not paid on or before the next succeeding November 15 shall be placed upon the tax roll for collection as other special municipal taxes.

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020

7.11 SNOWMOBILES

(1) STATE SNOWMOBILE LAWS ADOPTED. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this section as if fully set forth herein. Acts required to be performed or prohibited by this section as follows:

350.01 Definitions 350.02 Operation of Snowmobiles on or in the vicinity of a Highway 350.03 Right of Way 350.04 Snowmobiles Races, Derbies and Routes 350.045 Public Utility Exemption 350.047 Local Ordinance to be Filed 350.05 Operation by Youthful Operator Restricted 350.055 Safety Certification Program Established 350.07 Driving Animals 350.08 Owner Permitting Operation 350.09 Head Lamps, Tail Lamps and Brakes 350.10 Miscellaneous Provisions for Snowmobile Operation 350.101 to 350.107 Operating a Snowmobile while Intoxicated Prohibited 350.11(1), 350.11(2g) Penalty 350.12 Registration of Snowmobiles 350.13 Uniform Trail Signs and Standards 350.15 Accidents and Accident Reports 350.17 Enforcement 350.18 Local Ordinances 350.99 Parties to a Violation

(2) APPLICABILITY OF RULES OF THE ROAD TO SNOWMOBILES. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to Sec. 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94, Wis. Stats.

(3) OPERATION FORBIDDEN ON PUBLIC PROPERTY. Except as provided in Secs. 350.02 and 350.03, Wis. Stats., no person shall operate a snowmobile upon any public right- of-way or street, or in any public park or on any public property unless the same or any part thereof have been designated as snowmobile routes and the trails have been clearly marked by municipal authorities.

(4) RULES OF THE ROAD ADOPTED. If snowmobile routes are designated over public highways, operator of vehicles upon them shall observe the rules of the road for motor vehicles set forth in Ch. 346. Wis. Stats., in addition to any special rules adopted by this section; and where operated over parks or other recreational areas, the speed shall not be in excess of posted speed limits.

(5) UNATTENDED VEHICLES. No person shall leave or allow a snowmobile owned or operated by such person to remain unattended while the motor is running or with the starting key left in the ignition.

(6) RIGHT-OF-WAY. Every pedestrian, skater, ice-boated and operator of a vehicle which is not motor-driven shall have the right-of-way over a snowmobile or other motor vehicle shall yield the right-of-way to all pedestrians, skaters, ice-boaters and operator and occupants of vehicles which are not motor-driven. Every pedestrian shall have the right-of-way over a skater and ice-boater. Every skater shall have the right-of-way over ice- boaters.

(7) SNOWMOBILE COMPETITION. No person shall engage in snowmobile competition with the municipality between 10:30 p.m. and 7:30 a.m.

(a) Written application must be filed with the Clerk at least two (2) weeks prior to the proposed competition. Said application must show date or dates, time, location and the person or entity responsible for the administration of the event, and must be signed by the landowner or lessee, and specify how compliance with Sec. 350.03, Wis. States, will be maintained and how the area is to be lighted if used during hours of darkness.

(b) A $5.00 premises permit fee must be tendered with the application.

(c) One application and, if so issued, one premises permit may be used for more than one date, but no date more than two (2) months in advance.

(d) Applicant must also file with the Village Clerk proof of spectator liability insurance in force covering the event with minimum limits of liability of one million dollars, or proving financial responsibility by filing a bond or certificate of deposit of money or securities or a certificate of self-insurance of the kind contemplated in Sec. 344.30, Wis. Stats.

(e) The use of the premises must conform with the requirements of the zoning and building regulations of the municipality.

(f) A premises permit may be revoked by the Board at any time for cause.

(8) WARNING REFLECTORS. Any snowmobile or other vehicle or similar obstruction used or remaining on the ice in any waters of the municipality during the hours of darkness must be equipped with reflectors of luminous red material so that a reflector can be seen from any direction, and each reflector being at least twenty-five (25) square inches in size and situated three to forty-two (3 to 42) feet above the surface of the ice.

(9) OTHER VEHICLES. Excluding Sec. 350.04, 350.05, 350.055, 350.10 and 350.11, Wis. Stats., any portion of this section relating to snowmobiles applies as well to any other motor-driven sporting craft or recreational vehicle principally manufactured for off-highway use on land or ice or as an amphibious craft or vehicle.

(10) VILLAGE CLERK TO FILE SECTION. Pursuant to Sec. 350.047, Wis. Stats., the Village Clerk is hereby authorized and directed to send a copy of this section to the Department of Natural Resources and the Walworth County Sheriff’s Department.

(11) PENALTY. Any person who shall violate any of the provisions of this section shall be subject to a forfeiture as provided in Sec. 25.04 of this code or as otherwise mandated by Chapter 350, Wis. Stats. ______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020

7.12 OFF-HIGHWAY VEHICLES REGULATED

(1) DEFINITION. An off-highway vehicle means any motor driven vehicle which is designed for off-highway recreation, including dirt bikes, power driven cycles, mini-bikes and all-terrain vehicles, but excluding tractors, mopeds and licensed motorcycles operated on highways by a licensed operator.

(2) PROHIBITED. No person shall operate an off-highway vehicle as follows:

(a) Within any platted subdivision of the municipality.

(b) On the property of another without the written consent of said owner.

(d) On the shoulders or in the drainage ditches of public streets and highways or within the boundary of any public right of way unless a trail or an area is specifically authorized and designated by the Village Board for the use of all-terrain vehicles.

(e) At a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards than existing.

(f) With more than one passenger.

(g) On a public street or highway unless the driver has an operator’s license and the vehicle is licensed by and meets the equipment requirement of the State.

(h) So as to race the engine or cause unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, health, peace or safety of others.

(3) EXCEPTION. The operation of an off-road vehicle shall be permitted if the off-road vehicle is affixed with the necessary equipment for the removal of snow or for the performance of other landscaping activities and is being used for the purpose of snow removal or landscaping activities from or on private property.

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020; Revised December 1, 2009, Ordinance No. 1039

7.13 ABANDONED VEHICLES

(1) ABANDONMENT OF VEHICLES PROHIBITED. No person shall abandon any vehicle unattended within the municipality for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.

(2) DEFINTIONS.

(a) “Vehicle” means a motor vehicles, trailer, semi- trailer or mobile home as defined in Sec. 7.01 of this chapter, whether or not such vehicle is registered under Ch. 341, Wis. Stats.

(b) “Abandoned vehicle” means any vehicle left unattended for more than forty-eight (48) hours on any public street or grounds, or on private property where parking is prohibited, limited or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided that the vehicle shall not be deemed abandoned under this section if left unattended on private property out of public view, by permission of the owner or lessee. Further an “abandoned vehicle” shall include any vehicle towed under Sec. 7.05 herein which shall remain unclaimed for a period of thirty (30) days or more. An abandoned motor vehicle shall also include a motor vehicle which, through disuse and/or failure to be used, remains in one location for a period of ten (10) days or more and which does not have affixed to it a current motor vehicle license registration, or a motor vehicle which has been reported as stolen to any police department.

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020

7.14 OPERATION OF MOTOR VEHICLES ON PREMISES HELD OUT TO PUBLIC USE

(3) This section shall apply to all premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for use thereof.

(4) No person shall operate a motor vehicle on such premises:

(a) At a speed in excess of 20 miles per hour. (b) Outside of driving lanes indicated by painted line. (c) Across parking lot stalls indicated by painted lines, except when entering and occupying a parking stall. (d) In a manner known as “spinning doughnuts,” where the vehicle is driven rapidly in a tight radius. (e) At a rapid or sudden acceleration that results in the squealing of tires of the leaving of tire marks. (f) The wrong way in a driving lane, where such wrong way is indicated by painted arrow, or by the entry angle of adjoining parking stalls.

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020, Revised December 5, 2011, Ordinance No. 1070

7.15 ENFORCEMENT

(1) ENFORCEMENT PROCEDURE. This chapter shall be enforced in accordance with the provisions of Sec. 345.20 to 345.53, Ch. 799 and Sec. 66.12, Wis. Stats.

(2) DEPOSIT.

(a) Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the police station or the office of the Clerk of Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall comply with Sec. 343.27, Wis. Stats., or, if the deposit is mailed, the signed statement required under Sec. 343.27 shall be mailed with the deposit. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:

(i) If they fail to appear in court at the time fixed in the citation, they will be deemed to have tendered a plea of no contest and submitted to a forfeiture plus costs not to exceed the amount of the deposit.

(ii) If they fail to appear in court at the time fixed in the citation, and if the court does not accept the deposit as a forfeiture, they will be summoned into court to answer the complaint.

(b) The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under Sec. 165.87, Wis. Stats., and costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Municipal Court, which shall include the penalty assessment established under Sec. 165.87, Wis. Stats. Deposits for nonmoving violations shall not include the penalty assessment.

(c) The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefore as required by the Sec. 345.26(3)(b), Wis. Stats.

(3) STIPULATION OF NO CONTEST. Except as otherwise provided by statute, any person charged with a violation of this chapter may make a stipulation of no contest pursuant to Sec. 345.27, Wis. Stats., which may be received at the police station or by the Municipal Court Clerk. Such person shall, at the time of entering into the stipulation, make the deposit required under sub (2) if they have not already done so. A person who has mailed or filed a stipulation under this subsections may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in Sec. 345.37, Wis. Stats.

(4) ANNEXATION. The roadways, routes, speed limits, stop signs, and/or any other traffic control devices as provided herein for this chapter may include areas in the Town of Bloomfield, which may or may not be slated for annexation into the Village of Bloomfield. As areas are annexed into the corporate boundaries of the Village of Bloomfield, this chapter shall be fully enforced for said lands.

(5) ABBREVIATIONS. DEFINITIONS. For the purpose of enforcement of this chapter, the following abbreviations shall have the corresponding definitions:

(a) e/b shall be defined as “east bound” (b) w/b shall be defined as “west bound” (c) n/b shall be defined as “north bound” (d) s/b shall be defined as “south bound”

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020

7.16 PENALTY. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with statutory court costs and penalty assessment, if applicable.

(1) STATE FORFEITURE STATUTES. Forfeitures for a violation of Chapter 7 herein shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any variations or increases for subsequent offenses.

(2) STATE FINE STATUTES. The forfeiture for violation of any statute adopted by reference hereunder for which the penalty is a fine shall not exceed the maximum fine permitted under such statute.

(3) LOCAL REGULATIONS. The penalty for violations of Chapter 7 herein shall be as provided in Sec. 25.04 of this code.

______Adopted January 5, 2004, Ordinance No. 1005; Revised September 22, 2005, Ordinance No. 1020

CHAPTER 8 HIGHWAYS

8.01 Purpose 8.02 Words and Phrases Defined 8.03 Application Required 8.04 Minimum Standards 8.05 Variances from Design Standards and Special Circumstances 8.06 Final Inspection 8.07 Inspection and Costs 8.08 Other Costs 8.09 Construction Permit Required 8.10 Adoption of State Statutes 8.11 Driveways (refer to 22.30) 8.12 Uniform System for Numbering Properties 8.13 Marinette Road Renamed Pell Lake Drive 8.14 Penalty

Chapter 8 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised November 10, 2014, Ordinance No. 2014-O-18

8.01 PURPOSE. The Village Board of the Village of Bloomfield, Walworth County, Wisconsin, do hereby find, determine and ordain that in order to promote the public safety, general welfare and convenience, it is necessary that certain requirement be established and followed in the creation of new highways in the Village of Bloomfield; so that in the opinion of the Village Board, the public will not be negatively affected by the action of the Village Board accepting said road.

8.02 WORDS AND PHRASES DEFINED.

(1) DEFINITIONS. In Chapter 8 of the Municipal Code of the Village of Bloomfield, Walworth County, Wisconsin, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the content clearly indicates a different meaning:

(a) Approach – that portion of road extending 100 feet on each side of culvert or bridge. (b) Base Course – the supporting part of a road or bottom. (c) Drainage – to make gradually dry, by trenches, channels, culverts, or etc. (d) Grade – the rate of ascent or descent of a road. (e) Highway – as defined in Sec. 340.01, Wisconsin Statutes. (f) Private Road or Driveway – as defined in Sec. 340.01, Wisconsin Statutes. (g) Reservoirs – Detention areas created by dikes, floodwalls, berms, etc. (h) Road Bed – the whole material laid in place and ready for travel. (i) Roadway – as defined in Sec. 340.01, Wisconsin Statutes. (j) Surface Cover – the top of roadway or traffic course.

8.03 APPLICATION REQUIRED. Individual homeowners or owners of land abutting on that part of a highway sought to be created or altered, shall make application in writing to the Village Board, giving location and description of proposed highway. In the event of multiple ownership, 51% of the abutting owners’ signatures shall be required. Said application may be delivered to any Board member or to the Village Clerk. Upon receipt of the application, the Village Board will proceed to examine proposed route of highway. If approval is received, then the individual or group of individual homeowners may proceed to build highway, under the supervision of the Village Board or duly appointed representative.

8.04 MINIMUM STANDARDS. The following are the standards set by the Village Board for the construction of any proposed highway, in compliance with good practice, general construction, and safety, as follows:

(1) HIGHWAY. The minimum width for any highway shall be not less than 66 feet.

(2) GRADE. The establishment of a grade will be provided by the Village Board or duly appointed representative.

(3) DITCHING. Ditching of roadway is required and must have appropriate elevation to provide for the removal of accumulated water. Where it becomes necessary to make a lateral trench or create a reservoir leading from a main ditch, then the additional land necessary for the removal of accumulated water must be provided and may be required to be conveyed to the Village, along with the necessary land for the highway. The additional land conveyed to the Village for drainage will be under the supervision of the Village Board at all times.

(4) BASE COURSE. The base course must be of a quality and composition deemed appropriate and suitable by the Village for the location. At a minimum, the base course shall be nine inches of crushed packing gravel.

(5) SURFACE COURSE. The surface course shall consist of three inches of bituminous concrete pavement consisting of a 1 ¾” base course and a 1 ¼” surface course.

(6) SEEDING. In addition to the above requirements, the subdivider or developer shall seed the roadsides according to good engineering practices.

(7) SURVEY. The applicant shall furnish the Village with a survey by a licensed surveyor, showing the centerline, right-of-way lines, section lines, section corner monuments and any encroachments within the right-of-way for any proposed highway.

(8) EROSION PREVENTION. When the permanent rural highway sections have been approved by the Village Board, the subdivider or petitioner shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and if required surface ditch inverts to prevent erosion and sedimentation in accordance with plans and specifications approved by the Village Board. The subdivider or petitioner shall construct storm water drainage facilities adequate to serve the subdivision, which may include culverts crossing the proposed highway, catch basins and inlets, road ditches, open channels, water retention structures and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. Unpaved road ditches shall be shaped and seeded or sodded as grassed waterways. Erosion prevention shall comply with Chapter 32 Erosion Control.

(9) CUL-DE-SACS. On dead end roads, a turnaround, cul-de-sac or special “T” or “Y” design of sufficient size to accommodate school buses shall be provided which shall be graded, sloped and surfaced in the same manner as required for roadways. All cul-de-sac highways designed to have one end permanently closed shall terminate in a minimum right-of-way radius of 120 feet with a center island.

(10) STREET INTERSECTION. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. Should the angle unavoidable be made less than a right angle, it should never be less than 75 degrees. The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two. Minor streets shall not be necessarily continue across arterial or collector streets; but if the center lines of such minor streets approach the major streets from opposite side within 300 feet of each other, measured along the centerline of the arterial or collector street, the location shall be so adjusted that the alignment across the major or collector street is continuous and a jog in the street alignment is avoided.

8.05 VARIANCES FROM DESIGN STANDARDS AND SPECIAL CIRCUMSTANCES. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of Section 8.04 because of exceptional or undue hardship would result, the Village Board may waive or modify any requirements to the extent deemed just and proper and the reasons for such modification shall be entered in the minutes of the Village Board. In those instances, the following shall apply unless determined to be inappropriate:

(1) DEVIATIONS REGULATED. Any deviation from the requirements of Section 8.04 shall be guided by the design attached hereto.

(2) SPECIAL ASSESSMENT AUTHORITY. If the Village deems it is necessary to construct a culvert or bridge, the Village may, in its discretion, construct same and specially asses the owner(s) of the property benefitted, pursuant to Sec. 66.60, Wis. Stats.

8.06 FINAL INSPECTION. Upon completion of a proposed highway, the Village shall make a final inspection to determine whether said highway shall be accepted. If the highway is rejected, all alterations required by the Village shall be made prior to acceptance. If a highway is accepted by the Village, the owner(s) shall convey such land to the Village as may be necessary to effect the terms of acceptance.

8.07 INSPECTION AND COSTS. The Village, in its discretion, may employ engineering, legal, or other technical assistance it deems necessary to determine whether the requirements of this Chapter have been satisfied. Any costs incurred by the Village shall be paid by the owner(s) prior to acceptance.

8.08 OTHER COSTS. All costs incurred by the owner(s) of any highway shall be paid by said owner(s). Said owner(s) shall provide proof of payment, including lien waivers where appropriate, for all contractors and materials, prior to final acceptance by the Village.

8.09 HIGHWAY OPENINGS REGULATED. Any construction, maintenance, or repair of facilities located within a public highway or roadway located in the Village of Bloomfield shall not be commenced without the issuance of a construction permit from the Town.

(1) PERMIT REQUIREMENTS. Construction permits shall be issued as stated herein:

(a) Completion of an application for a construction permit along with the submission of the applicable fee of $75.00; and

(b) Posting with the Village Clerk, a bond or other surety in an amount not to exceed one and one-half times the amount of the cost of the actual construction, maintenance, or repair, as that construction, maintenance or repair relates to highways, roadways, private roads and driveways; and

(c) Approval of the construction permit application by the Village Board. No permit shall be issued sooner than one working day from the receipt of the application. The Village Board may, in its discretion, fully review projects prior to approving an application.

(d) The Village Board may, in its discretion, deny any permit herein, or restrict the size, nature, extent, placement, location or any other particular details of any permit, as appropriate to better preserve or protect Village roads.

(2) EXCEPTIONS TO PERMIT REQUIREMENTS. No open cutting, trenching or boring of any highway, roadway, private road or driveway in the Village of Bloomfield shall be allowed unless a construction permit has been approved, except that emergency repairs of utilities and the like may be made as needed. However, a permit must be obtained within five working days from the commencement of said emergency repairs.

(3) EXCAVATIONS. In the opening of any public highway or roadway, all paving and excavated material shall be removed with the least possible damage to the surrounding area and so placed as not to interfere with traffic or drainage. Such openings shall be closed with barricades and appropriate warning signs, and lanterns or flares shall be maintained upon the location during hours of darkness. In the case of highways paved with black top or concrete, all excavated materials shall be removed from the site and holes or trenches shall be backfilled with approved sand or gravel fill material to within 12" of the surface grade of the highway. The remaining hole shall then be backfilled with clay, solidly packed into place. As soon as practicable, the opening shall then be repaved in conformity with surrounding pavement. All holes or trenches made in gravel highways shall be backfilled with the same or comparable material and thoroughly compacted.

(4) RETURN OF BOND UPON COMPLETION OF PROJECT. Upon completion of any project requiring a construction permit, the bond posted with the Village Clerk shall be returned forthwith upon the following:

(a) Notice to the Village Clerk from the permittee that the project has been completed; and

(b) Inspection by an official designated by the Village Board; and

(5) DAMAGES AND LOSS OF BOND. Any damage which results from any repair, maintenance I or construction on highways, roadways or roads in the Village of Bloomfield shall be the responsibility of the party causing said damage. That party shall pay the costs of repairing the same, which amount shall be forfeited from the bond posted by the permittee with the Village Clerk.

(a) All repairs, maintenance or construction shall conform to Federal, State and County regulations, as well as specifications as adopted by the Village Board of the Village of Bloomfield.

(b) Any damage to highways, roadways, private roads or driveways or any repair, maintenance, or construction not in conformity with the foregoing shall be repaired by the Village of Bloomfield with the costs for the same exacted from the bond posted by the permittee.

(5) PROCEDURE FOR FORFEITURE OF BOND. In the event the Village Board elects under Sub.4 of this Section to repair damages and proceed against the bond of the permittee, the Village may do so only upon the following:

(a) Notice in writing to the permittee from the Village Clerk which shall contain substantially the following:

1. The nature of the damage or non-conformity which has led to the Village's claim. 2. The amount claimed by the Village. 3. The permittee has the right to request ln writing, a hearing before the Village Board to show cause, if any, why the Village should not forfeit any or all of the amount of the bond, which, if requested, said hearing shall be within thirty (30) days from the date of receipt of the written request.

(b) The Village shall not forfeit any part of a bond until and unless no hearing has been requested within thirty (30) days or after a hearing, the Village Board finds that the permittee has failed to properly show cause why his or her bond should not be forfeited.

(6) OTHER REMEDIES. Nothing in this Section shall be deemed to preclude other inspections or remedies provided for in the Municipal Code of the Village of Bloomfield, or as otherwise permitted by law.

(7) PENALTIES. Any persons commencing construction, repairs or maintenance as defined herein, without obtaining a construction permit, shall be ordered by the Village of Bloomfield to terminate its project forthwith and make proper application for a construction permit as defined herein, except that the party shall be required to remit an amount equal to two times the established application fee or may be subject to penalties as provided in Sec. 25.04 of the Municipal Code of the Village of Bloomfield.

8.10 ADOPTION OF STATE STATUTES. Chapters 80, 81 and 86, Wis. Stats., are hereby adopted and incorporated by reference as though set forth fully herein, as permitted by law. To the extent that the provisions of this Chapter are more restrictive than the aforestated statutes, the Village requirements shall pre-empt those standards established herein.

8.11 DRIVEWAYS. All references to this Section must comply with Section 22.30 of the Village of Bloomfield Municipal Code, Driveways.

______Revised November 10, 2014, Ordinance No. 2014-O-18

8.12 UNIFORM SYSTEM FOR NUMBERING PROPERTIES AND PRINCIPAL BUILDINGS. A uniform system of numbering properties and principal buildings as shown on the map identified by the title "Street and House Numbering System - Village of Bloomfield" which is filed in the office of the Village Clerk is adopted for use in the Village. This map and all explanatory matter thereon is adopted and made part of this Municipal Code.

(1) ASSIGNMENT OF NUMBERS.

(a) All properties or parcels of land within the boundaries of the Town shall be identified by reference to the uniform numbering system adopted herein.

(b) All properties on the east side of north-south streets and all properties on the south side of east-west streets shall be assigned odd numbers. All properties on the west side of north-south streets and all properties on the north side of east-west streets shall be assigned even numbers.

(c) Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number.

(d) Numerals indicating the official numbers for each principal building or each front entrance to such building shall be posted in a manner as to be visible from the street on which the property is located. Such numerals may be obtained at cost from the Highway Department as provided in Sub. (3).

(2) ADMINISTRATION.

(a) The Road Foreman shall be responsible for maintaining the numbering system. In the performance of this responsibility, the Road Foreman shall be guided by the provisions of Sub. (2) of this section.

(b) The Village Clerk shall keep a record of all numbers assigned under this chapter.

(c) The Road Foreman shall issue to any property owner in the Village upon request a set of numerals for each principal building or separate front entrance to such building. In doing so, the Road Foreman shall issue only numerals for the number assigned to such building under the provisions of this chapter. Provided, however, that the Road Foreman may issue additional numerals in accord with the official numbering system whenever a property has been subdivided or a new front entrance opened on any property.

8.13 REVISION OF STREET NAMES.

(1) MARINETTE ROAD RENAMED PELL LAKE DRIVE. Marinette Road is renamed Pell Lake Drive and all references to Marinette Road in this Code of Ordinances of the Village of Bloomfield are hereby amended to read Pell Lake Drive.

8.14 PENALTY. Any person who shall violate any provision of this chapter or permit shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.

CHAPTER 9 OFFENSES

9.01 Offenses Against State Laws Subject to Forfeiture 9.02 Discharge of Weapons 9.03 Throwing or Shooting Missiles and Projectiles 9.04 Fireworks Regulated 9.05 Loud and Unnecessary Noise Prohibited 9.06 Regulation of Alarms 9.07 Littering Prohibited 9.08 Radio or Television Interference Prohibited 9.09 Loitering Prohibited 9.10 REPEALED 9.11 Burning Regulated 9.12 Sale and Consumption of Intoxicating Liquor and Fermented Malt Beverages in Public Places Prohibited Without Permit 9.13 False I.D. Cards, Use of Prohibited 9.14 Curfew 9.15 Marijuana-Possession Prohibited 9.16 Prohibited Discharges 9.17 Landfill Sites 9.18 REPEALED 9.19 Storage of Junk, Etc., Regulated 9.20 Open Cisterns, Wells, Basements or Other Dangerous Excavations Prohibited 9.21 Abandoned Unattended Ice Boxes, Etc., Prohibited 9.22 Habitual Truancy 9.23 Penalties 9.24 Disposal of Abandoned Property 9.25 Misuse of 911 Emergency System 9.26 Objects in the Road Right of Way Prohibited 9.27 Prohibition of Weapons in Public Buildings

Chapter 9 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised March 3, 2014, Ordinance No. 2014-O-04 Repealed & Recreated February 1, 2016, Ordinance No. 2016-O-02

9.01 OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE. The following statutes, preceded by the prefix A9", defining offenses against the peace and good order of the State are adopted by reference to define offenses against the peace and good order of the municipality provided the penalty for the commission of such offenses hereunder shall be limited to a forfeiture imposed under Section 25.04 of this Municipal Code, unless otherwise limited by state law, in which case such limitation shall apply.

9.146.70(10) Reporting of False Emergency to 911 Systems

9.174.042 Dogs running at large

9.254.92 Purchase or possession of cigarettes or tobacco products by persons under age eighteen (18) prohibited

9.939.05 Parties to offense

9.939.22 Words and phrases defined

9.940.19(1) Battery

9.940.34 Duty to aid victim or report crime

9.940.42 Intimidation of witness (only for municipal cases)

9.940.44 Intimidation of victim (only for municipal cases)

9.940.46 Attempt prosecuted as completed act

9.941.01 Negligent operation of vehicle

9.941.10 Negligent handling of burning material

9.941.12(2) and (3) Interfering with firefighting

9.941.13 False alarms

9.941.20(1) Endangering safety by use of dangerous weapon

9.941.23 Carrying concealed weapon

9.941.235 Carrying firearm in public building

9.941.237 Carrying handgun where alcoholic beverages may be sold and consumed

9.941.24 Possession of switchblade knife

9.941.2965 Restriction on use of facsimile firearms

9.941.297 Sale or distribution of imitation firearms

9.941.35 Emergency telephone calls

9.941.36 Fraudulent tapping of electric wires or gas or water meters or pipes

9.941.37(1) and (2) Obstructing emergency or rescue personnel

9.942.01 Defamation

9.942.03 Giving false information for publication

9.942.05 Opening letters

9.943.01 Damage to property

9.943.017(1) Graffiti

9.943.07 Criminal damage to railroad

9.943.11 Entry into locked vehicle

9.943.125 Entry into locked coin box

9.943.13 Trespass to land

9.943.14 Criminal trespass to dwellings

9.943.145 Criminal trespass to medical facility

9.943.15 Entry onto a construction site or into a locked building, dwelling or room

9.943.20 Theft

9.943.207 Transfer of recorded sounds for unlawful use

9.943.21 Fraud on hotel or restaurant keeper

9.943.215 Absconding without paying rent

9.943.22 Use of cheating tokens

3 9.943.23(1), (4m) and (6) Operate without owner’s consent

9.943.24 Issuance of worthless check

9.943.26(1) Removing or damaging encumbered real property

9.943.34(1)(a) and (2) Receiving stolen property (Under $1,000)

9.943.37 Alteration of property identification marks

9.943.392 Fraudulent data alteration

9.943.41 Financial transaction card crimes

9.943.45 Obtaining telecommunications services by fraud (under $1,000)

9.943.455 Theft of cellular telephone service

9.943.46 Theft of cable TV services

9.943.47 Theft of satellite cable programming

9.943.50 Retail theft (shoplifting)

9.943.55 Removal of shopping cart

9.943.61 Theft of library materials

9.944.17 Sexual gratification

9.944.20 Lewd and lascivious behavior

9.944.30 Prostitution

9.944.31 Patronizing prostitutes

9.944.33 Pandering

9.944.36 Solicitation of drinks prohibited

9.945.01 Definitions (for gambling)

9.945.02 Gambling

9.945.04 Permitting premises to be used for commercial gambling

4 9.945.12 Endless sales chains

9.946.06 Improper use of the flag

9.946.40 Refusing to aid officer

9.946.41(1), (2) and (3) Resisting or obstructing officer

9.946.42(1) and (2) Escape

9.946.46 Encouraging violation of probation or parole

9.946.67 Compounding crime

9.946.68 Simulating legal process

9.946.69 Falsely assuming to act as public officer or employee or utility employee

9.946.70(1) Impersonating peace officers

9.946.72(2) Tampering with public records and notices

9.947.01 Disorderly Conduct

9.947.012 Unlawful use of telephone

9.947.0125 Unlawful use of computerized communication systems

9.947.013 Harassment

9.947.02 Vagrancy

9.947.04 Drinking in common carriers

9.947.06 Unlawful assemblies and their suppression

9.948.01 Definitions (crimes against children)

9.948.40 Contributing to the delinquency of a child (except felony provisions)

9.948.45 Contributing to truancy

9.948.55 Leaving or storing loaded firearm within the reach or easy access of a child

5 9.948.60 Possession of a dangerous weapon by a child (except felony provisions)

9.948.63 Receiving property from a child

9.948.70 Tattooing of children

9.951.01 thru 9.951.17 Crimes against animals (except felony provisions)

9.961.41(3g) (em) Synthetic Marijuana-Possession Prohibited

9.961.571 Definitions (Drug Paraphernalia)

9.961.573(1) and (2) Possession of Drug Paraphernalia

9.961.574(1) and (2) Manufacture or Delivery of Drug Paraphernalia

9.961.575(1) and (2) Delivery of Drug Paraphernalia to a Minor

Established July 1, 2002, Amended May 3, 2004, Ordinance No. 1009; Amended June 7, 2004, Ordinance No. 1011; Amended March 10, 2011, Ordinance No. 1058. Revised September 12, 2011, Ordinance No. 1068

9.02 DISCHARGE OF WEAPONS.

(1) DEFINITION. A weapon is defined as any instrumentality from which or within which a shot, bullet, pellet, arrow or bolt may be discharged or expelled, regardless of whether the propelling is provided by air, spring or other similar mechanical device or by gunpowder.

(2) DISCHARGE PROHIBITED. No person, other than a police officer or other law enforcement officer in the performance of an official duty, may discharge or fire any weapon in the following locations:

(a) On property owned or under the care, custody and control of the Village of Bloomfield.

(b) On property that is zoned as and utilized as residential land.

(c) Within 300 feet of any building that is normally utilized for human occupancy, regardless of the zoning of the land upon which it sits. This would include but not be limited to homes, businesses, schools, churches and public warming areas. The 300 foot distance shall not be effective on lands zoned agricultural when it is the owner/occupant that is discharging a firearm upon his own land.

(d) No person shall discharge a firearm within the right-of-way of any State, County or Village highway or road or in any public park, parking area or other area marked by signs prohibiting the same.

(3) Exceptions. This section shall not apply to the following:

(a) Ceremonial discharges of blank rounds, or

(b) As the Village Board otherwise permits.

Established July 1, 2002; Amended July 13, 2009, Ordinance No. 1043; Revised March 3, 2014, Ordinance No. 2014-O-04

9.03 THROWING OR SHOOTING MISSILES AND PROJECTILES. No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by an other means, at any person or vehicle or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village.

Established July 1, 2002

9.04 FIREWORKS REGULATED.

(1) SALES PROHIBITED. No person may sell, expose or offer for sale in the Village of Bloomfield any firecracker, bottle rocket, cherry bomb, the type of balloon which requires fire underneath to propel it, torpedoes, sky rockets, Roman candles, aerial salutes, American or Chinese bombs or other fireworks of like construction, or any other fireworks containing any explosives of like construction, or any fireworks containing any explosives or flammable compound.

(2) STORAGE AND WHOLESALING. This section does not prohibit any resident, wholesaler, dealer or jobber firm from selling fireworks at wholesale, provided they are shipped or delivered directly outside the Village limits.

(3) EXCEPTIONS FOR USE.

(a) Permits for the use of fireworks other than those prohibited by Sec. 167.10(6), Wis. Stats., by public authorities, amusement parks or civic organizations, may be given by the Village President upon application and upon his or her satisfaction as to the purpose and supervision and handling of such fireworks.

(b) The prohibition of the use or discharge of fireworks

7 within the Village of Bloomfield without a permit from the Village President of the Village of Bloomfield shall not apply to the following type items:

(i) Fuel or lubricant.

(ii) Firearm cartridge or shotgun shell when used in accordance with all pertaining laws and ordinances.

(iii) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, water craft or motor vehicle.

(iv) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.

(v) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(vi) A toy snake which contains no mercury.

(vii) A model rocket engine.

(viii) Tobacco and a tobacco product.

(ix) A sparkler on a wire or wood stick not exceeding 36 inches in length or 0.25 inches in outside diameter which does not contain magnesium, chlorate or perchlorate.

(x) A device designed to spray out paper confetti or streamers and which contains less than one quarter grain of explosive mixture.

(xi) A device designed to produce an audible sound but not explode, spark, move or emit an external flame after ignition and which does not exceed three (3) grams in total weight.

(xii) A device that emits smoke with no external flame and does not leave the ground.

(xiii) A cylindrical fountain not exceeding 100 grams in total weight with an inside tube diameter not exceeding 0.75 inches designed to sit on the ground and emit only sparks and smoke.

(xiv) A cone fountain not exceeding 75 grams in total weight, designed to sit on the ground and emit only sparks and smoke.

(4) PARENTAL RESPONSIBILITY. No parent, guardian or other adult

8 with delegated authority of a minor shall knowingly permit such minor to violate any section of this chapter.

Established July 1, 2002

9.05 LOUD AND UNNECESSARY NOISE PROHIBITED.

(1) NOISE RESTRICTIONS. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence, under the circumstances as they then exist.

(2) OPERATION OF MOTOR VEHICLES. It shall be a violation of this section for a person to operate a motor vehicle so as to cause the tires thereof to squeal, the horn to blow excessively or the motor to race excessively.

Established July 1, 2002

9.06 REGULATION OF ALARMS.

(1) DEFINITIONS.

(a) ALARM shall mean any signal generated by any device designed to be activated by some physical act, fire, emergency or malfunction and intended to alert the police and/or result in the response of emergency services whether it be by police, fire, rescue or combination thereof.

(b) BURGLAR/FIRE ALARM shall mean any device which, when activated by a criminal act, fire, or other emergency requiring police response, transmits a signal to an alarm panel at a police dispatch center, to an alarm receiving firm, or produces an audible or visible signal designed to alert the public within the audible or visual range of the signal.

(c) FALSE ALARMS shall mean a signal from a burglar/fire alarm resulting in the response by the police department, fire department or rescue unit or any combination thereof when an emergency situation does not exist. Excepted from this definition shall be errant alarms which are storm related or the result of malfunctions due to problems with or interruptions of power at its sources or in electrical lines or due to activity at the alarm site where the possibility of errant alarms during a specific period has been made known to the Police Department.

(d) AUTOMATIC TELEPHONE CALLING DEVICE. Any device which, upon activation, is capable of automatically selecting a telephone trunk line and causing it to be transmitted over such line a pre-recorded message.

(e) ANSWERING SERVICE. A facility equipped with incoming and outgoing telephone communications and operated by a natural person who acts to receive and interpret information through incoming telephone communications and to relay such information to another, by means of an outgoing person-to-person telephone communication.

(2) PERMISSIBLE ALARMS.

(a) Burglar/Fire alarms which are not audible to the public and which can be properly connected to an alarm panel at a police dispatch center or to an alarm receiving firm are deemed to be permissible alarms and they shall be so maintained so as not to produce false alarms.

(3) ALARM SYSTEMS PROHIBITED.

(a) Outside burglar/fire alarm systems whose alarms are or would be audible to the public, whether for business, industry or residential, or any other use are prohibited. Outside systems that were installed prior to the effective date of this ordinance may continue in operation; but when the system is in need of replacement, the replacement system shall conform with this ordinance.

(4) USE OF AUTOMATIC TELEPHONE CALLING DEVICE REGULATED.

(a) No person shall install or use, or permit the installation or use upon property owned by such person of an automatic telephone calling device in a manner that such device is capable of automatic selection of a telephone trunk line to the Village of Bloomfield Police Department and Fire Department.

(b) Nothing in this section shall prohibit the use or installation of an automatic telephone calling device in a manner such that said device is capable of automatic selection of a telephone trunk line to an answering service other than the Village of Bloomfield Police Department and/or Fire Department.

(5) REGISTRATION OF ALARM SYSTEMS AND KEYHOLDERS.

(a) Every alarm system operated within the Village of Bloomfield shall be registered prior to the time such system becomes operable, and annually, on or before the 30th day of January, in each succeeding calendar year. Registration shall be upon forms provided by the Village of Bloomfield Police Department and shall include information required by said Department. The owner and the operator of such alarm system shall be responsible individually for such registration.

In registering an alarm system as required by this paragraph,

10 the operator and/or the owner thereof shall provide to the Village of Bloomfield Police Department the names and telephone numbers of not less than two other persons who can be contacted by telephone at any and all times, day or night, who are authorized to respond to an alarm given by the alarm system. Persons who can open and enter the premises wherein the alarm system is located, and who have the capability of terminating the alarm being emitted by the alarm system.

(6) NOTIFICATION OF DURATION OF MAINTENANCE OF ALARM SYSTEM.

(a) Any person providing maintenance with respect to any alarm system which might reasonably be expected to cause such system to emit a false alarm, or to cause such system to be deactivated so as to be incapable of emitting an alarm shall give notice to the Village of Bloomfield Police Department of the intention of such person to provide such maintenance not less than 24 hours in advance as required herein, unless it is impossible or impractical, the person providing such maintenance shall give the greatest prior notice, with respect to such maintenance, which is reasonably possible under the circumstances. In providing such notice, the location of the alarm system to be maintained, and approximate length of time required for such maintenance shall be disclosed.

(7) FALSE ALARMS.

(a) General. Each false alarm requires the response of public safety personnel, involves unnecessary expense to the Village, increases the risk of injury to persons and/or damage to property and dilutes the overall public safety protection to the Village. Such false alarms constitute a public hazard and nuisance and must be abated.

(8) PENALTIES FOR NON-INTENTIONAL FALSE ALARMS.

(a) Administration Charges. Any person, business, corporation or other entity having a permissible alarm system with alarm devices at one or more locations in accordance with this ordinance shall pay to the Village a charge for false alarms responded to by the Police, Fire Department or Rescue Unit according to the following schedule for each calendar year, for each location connected, separate accounts shall be kept for false alarms as to criminal activity, fire, and other emergencies.

(i) Fee Schedule (Police/Rescue response)

(A) First two(2) false alarms per calendar year - NO CHARGE

11 (B) Third false alarm per calendar year B $100.00 plus costs.

(D) Fifth and all subsequent false alarm per calendar year - $500.00 plus costs.

(ii) Fee Schedule (Fire Department Response)

(A) First two(2) false alarms per calendar year - NO CHARGE

(B) Third false alarm per calendar year B $100.00 plus costs.

(D) Fifth and all subsequent false alarm per calendar year - $500.00 plus costs.

This section is designed to impose a strict liability on the person, business, corporation or other entity responsible for the alarm connection to either a police dispatch facility or alarm receiving firm to which the emergency services department(s) of the Village have responded and shall be applied regardless of the cause of the FALSE ALARM. Failure to pay such administrative charge(s) in and of itself shall constitute a violation of this section and such charge(s) shall be collectible as a forfeiture upon prosecution and conviction and such charge(s) shall be collectible as a forfeiture upon prosecution and conviction thereof together with any additional forfeiture(s) which may be imposed by the Court in compliance with Section 25.04 of the Municipal Code.

Established July 1, 2002

9.07 LITTERING PROHIBITED. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village.

It shall be unlawful to deliver any handbills or advertising material to any premises or motor vehicle in the Village except by being handed to the recipient, placed on the porch, stoop or entrance way of the building or firmly affixed to a building so as to prevent

12 any such articles from being blown about, becoming scattered or in any way causing litter.

Established July 1, 2002

9.08 RADIO OR TELEVISION INTERFERENCE PROHIBITED. No person shall operate any machine or equipment which causes interference with radio or television interception, when such interference can be prevented by repairs, adjustments, the installation of corrective appliances or other practicable alterations, at a reasonable expense.

Established July 1, 2002

9.09 LOITERING PROHIBITED.

(1) LOITERING OR PROWLING. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall prior to any arrest for an offense under this section afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify themselves and explain their presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

(2) OBSTRUCTION OF HIGHWAY BY LOITERING. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

(3) OBSTRUCTION OF TRAFFIC BY LOITERING. No person shall loaf or loiter upon the public streets, alleys, sidewalks, street crossing or bridges or in any other public places within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of said public streets, sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.

(4) LOITERING AFTER BEING REQUESTED TO MOVE. No person shall loaf or loiter upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public

13 place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.

(5) LOITERING IN PUBLIC PLACES. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by any police officer. Upon being requested to move, a person must immediately comply with such request by leaving the premises or area thereof at the time of the request.

(6) LOITERING IN SCHOOL AND PLAYGROUND AREAS. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Village between 8 a.m. and 4 p.m. on official school days.

Established July 1, 2002

9.10 (Repealed) ______Repealed July 31, 2006, Ordinance No. 1028

9.11 BURNING REGULATED.

(1) DEFINITION. “COMBUSTIBLE MATERIAL” used in this section means any substance that is capable of burning.

(2) BURNING PROHIBITED. No person shall cause any combustible material, nauseous or offensive material, garbage, or petroleum based material to be ignited or knowingly allow to burn, except as otherwise herein provided.

(3) EXCEPTIONS. The following shall be excepted from Subs. (2) of this section:

(a) Burning in any incinerator or other device used for the burning of combustible materials, which shall be so maintained and operated that combustible materials placed therein cannot escape therefrom during the process of burning.

(b) Burning in a furnace, fireplace, stove or other similar device located within a dwelling house or structure.

(d) The burning of small amounts of dry combustible and non-offensive yard debris, shall be excepted provided, however, this subsection shall not be interpreted to allow the burning of garbage,

14 noxious materials, or offensive materials, or petroleum based materials at any time. It is further provided that the aforestated allowable burning shall be subject to the following limitations:

(i) There shall be on-site supervision of any burning by a person eighteen years of age or older.

(ii) No burning shall take place nearer than 25 feet from any building, structure or edifice.

(iii) Water or other flame retardant shall be immediately available to the site of burning.

(iv) No burning shall take place nearer than 50 feet from any lake or stream.

(v) No burning shall take place in or on any highway, as defined in Sec. 340.01(22), Wis. States.

(e) Any fire deemed to be a conflagration by the Fire Chief or his designee.

(f) Any fire deemed necessary by the Fire Chief for purposes of training and education.

(4) EMERGENCY CONDITIONS. The exceptions set forth in (3) above, may be suspended by the Village Board at any time.

Established July 1, 2002, Amended ______, Ordinance No. _____

9.12 SALE AND CONSUMPTION OF INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES IN PUBLIC PLACES PROHIBITED WITHOUT PERMIT.

(1) DEFINITIONS. For the purpose of this section, intoxicating liquor and fermented malt beverages shall be defined as defined in Sec. 125.02, Stats.

(2) OPEN INTOXICANTS AND FERMENTED MALT BEVERAGES. Except as allowed by license, permit or the Municipal Code of the Village of Bloomfield, no person shall have on or about his person, or anytime dispense, sell, open or consume upon or in any public street, parkway, square, sidewalk, stadium, park or beach area, municipal building, library building, shrine, vehicle or any drives or parking areas for business held out to the public in the Village of Bloomfield any open container which has in it any fermented malt beverage, intoxicating liquor or other intoxicant.

(3) EXCEPTION. The provisions of this section as to fermented malt beverages shall not apply to a public place during the period covered by a special permit issued by the Village Board, or such other person as the Village Board shall designate.

Established July 1, 2002

9.13 FALSE I.D. CARDS, USE OF PROHIBITED.

(1) FALSE IDENTIFICATION. No person shall use any false identification card or certificate, or any other means of misrepresenting his or her age, for the purpose of gaining unlawful admission to any place where intoxicating liquors or fermented malt beverages are sold, or for the purpose of unlawfully asking for, or unlawfully receiving, any intoxicating liquors or fermented malt beverages.

(2) MISREPRESENTATION OF AGE. No person shall provide any other person with a false identification card or certificate, or any other means of misrepresenting age, which is to be used for any of the purposes prohibited in Sub. (1).

Established July 1, 2002

9.14 CURFEW.

(1) CURFEW ESTABLISHED. Except as otherwise provided herein, no child under the age of 18 years shall loiter, idle or remain upon any street, alley or other public place in the Village between 11:00 p.m. and 6:00 a.m., unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

(2) EXCEPTIONS. Prior to determining whether a violation of sub. (1) has occurred, law enforcement officers shall perform a reasonable investigation to determine whether any of the following exceptions apply. If any of the following exceptions are determined by law enforcement officers to apply, there shall be no violation of sub. (1) herein:

(a) The child is performing an errand as directed by his parent, guardian or person having legal custody of the child.

(b) The child is on his or her own premises or in the areas adjacent thereto.

(c) The child’s employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.

(d) The child is returning to his or her home or other place where they are legally staying for the night, from an adult-supervised school activity, religious or church activity, or an activity conducted by a non-profit or governmental entity.

16 (e) The child is engaged in interstate or international travel from a location outside Wisconsin.

(f) The child is engaged in, or going to or from, an activity involving the exercise of the child’s rights as provided by the Wisconsin or United States Constitutions, including, but not limited to, the right of free speech, association or assembly.

(3) PARENTAL VIOLATION. No parent, guardian or other person having legal custody of a child under the age of 18 years shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Village between the hours in Sub. (1) above unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

(4) RESPONSIBILITY OF OPERATORS OF PLACES OF AMUSEMENT. No person operating a place of amusement or entertainment within the Village or any agent, servant or employee of such person, shall permit a child under the age of 18 years to enter or loiter in such place of amusement or entertainment between the hours specified in Sub. (1) unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

(5) RESPONSIBILITY OF OPERATORS OF HOTELS, MOTELS AND ROOMING HOUSES. No person operating a hotel, motel or lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any child under the age of 18 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house between the hours specified in Sub. (1) unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

(6) DETAINING A CHILD. A child believed to be violating the provision of this section shall be taken to the Police Department or the County Sheriff’s Department for proper identification. Any law enforcement officer on duty may detain any child violating subs. (1) until such time as the parent, guardian or the adult having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the Sheriff’s Office for the purpose of taking the child into custody and has signed a release for such child.

(7) WARNING. The first time a child is detained by law enforcement officers as provided in Sub. (6), the parent, guardian or person having legal custody shall be advised as to the provisions of this section; and any violation of this section occurring thereafter by this child or any other child under such adult’s care or custody shall result in a penalty being imposed as provided in Sub. (8).

(8) GENERAL PENALTY.

(1) Any parent, guardian or person having legal custody of a child described in Subs. (1), (3), (4) or (5) who has been warned in a manner provided in Sub. (7) and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Sec. 25.04 of this Municipal Code.

(2) Any child who violates this section after being detained and released under Sub. (6) may be subject to the provisions of Chapters 48 and 938, Stats.

Established July 1, 2002, Amended June 7, 2004, Ordinance No. 1013

9.15 MARIJUANA-POSSESSION PROHIBITED. No person shall possess, keep or maintain 25 grams or less of marijuana, as defined in Section 961.01 (14), Wis. Stats., subject to the exceptions of Sec. 961.41 (3g) (intro), Wis. Stats. No person may receive a citation under this ordinance following a conviction for possession of marijuana.

Established July 1, 2002

9.16 PROHIBITED DISCHARGES.

(1) PROHIBITED DISCHARGES. No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public street, alley, or public property, or onto the ground, surface waters, subsurface waters, or aquifers, or on any private property within the Village, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid liquid or gas, any radioactive material at or above Nuclear Regulatory Restriction levels, etiologic agents, or any solid, liquid or gas creating a hazard, potential hazard, or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.

(2) CONTAINMENT, CLEANUP AND RESTORATION. Any person, firm, or corporation in violation of the above section shall, upon direction of any Emergency Government officer, begin immediate actions to contain, cleanup and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary personnel and equipment to comply or to complete the requirements of this section, the Office of Emergency Government may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the Village of Bloomfield.

18 (3) SITE ACCESS. Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to Emergency Government officers and staff and to Village Police and Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.

(4)PUBLIC PROTECTION. Should any prohibited discharge occur that threatens the life, safety or health of the public at, near, or around the site of a prohibited discharge, and that the situation is so critical that immediate steps must be taken to protect life and limb, the Coordinator of Emergency Government, his or her assistant, or the senior Village Police or Fire official on the scene of the emergency may order an evacuation of the area or take other appropriate protective steps for a period of time until the Village Board can take appropriate action.

(5) ENFORCEMENT. The Coordinator of Emergency Government and his or her deputies, as well as the Village Police officers, shall have authority to issue citations or complaints under this Section.

(6) CIVIL LIABILITY. Any person, firm or corporation in violation of this section shall be liable to the Village of Bloomfield for any expenses incurred by the Village or loss or damage sustained by the Village by reason of such violations.

(7) PENALTIES. Any person, firm, L.L.C., L.L.P., or corporation in violation of this section shall be subject to a penalty as set forth in Sec. 25.04 of this Municipal Code.

Established July 1, 2002

9.17 LANDFILL SITES.

(1) LANDFILL SITES PROHIBITED. No person, firm or corporation shall create or operate a landfill site or permit waste disposal or landfill activities on any property within the Village.

(2) CLEANUP AND RESTORATION. Any person, firm or corporation in violation of the above section shall, upon direction of the Village Board, immediately cease and desist conducting such activities and shall begin immediate actions to clean up and remove any offending materials and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary personnel and equipment to comply or to complete the requirements of this section, the Village Board of the Village of Bloomfield may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the Village.

19 (3) CIVIL LIABILITY. Any person, firm, or corporation in violation of this section shall be liable to the Village of Bloomfield for any expenses incurred by the Village for loss or damage sustained by the Village by reason of such violation.

(4) PENALTIES. Any person, firm, L.L.C., L.L.P. or corporation in violation of this section shall be subject to a penalty as set forth in Sec. 25.04 of this Municipal Code.

Established July 1, 2002

9.18 REPEALED.

Established July 1, 2002; Repealed March 10, 2011, Ordinance No. 1058

9.19 STORAGE OF JUNK, ETC., REGULATED.

Storage of Junk, Etc., Regulated. No person shall store junked or discarded property including motor vehicles, motor vehicle parts, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks, or other unsightly debris, except in an enclosure which houses such property from public view.

Established July 1, 2002

9.20 OPEN CISTERNS, WELLS, BASEMENTS OR OTHER DANGEROUS EXCAVATIONS PROHIBITED.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced, in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children.

Established July 1, 2002

9.21 ABANDONED UNATTENDED ICE BOXES, ETC., PROHIBITED.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under their control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock, or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

Established July 1, 2002

9.22 HABITUAL TRUANCY.

(1) Prohibition of Habitual Truancy. A child is prohibited from being a habitual truant.

(2) Definitions.

(a) “Habitual truant” means a pupil who is absent from school without an acceptable excuse under (b) for part or all of 5 or more days on which school is held during a school semester.

(b) “Acceptable excuse” shall mean an acceptable excuse as defined in Sections 118.15, 118.16(1m) and 118.16(4), Wisconsin Statutes.

(3) Penalty. The Court shall enter an order imposing one or more of the dispositions asserted in Section 118.163(2), Wisconsin Statutes.

Established July 1, 2002

9.23 PENALTIES.

Any person who shall violate any provision of this Chapter shall be subject to a penalty as provided in Section 25.04 of this Municipal Code. In addition to any penalty imposed for violation of Section 9.943.01(1), any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates Section 9.943.01(1) may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with Section 895.035, Wis. Stats. This provision shall not apply to a Section herein if the enabling state statute for this Chapter provides for a lower forfeiture.

Established July 1, 2002

9.24 DISPOSAL OF ABANDONED PROPERTY.

(1) DEFINITIONS.

(a) ABANDONED as used herein shall mean property not claimed by the rightful owner or person having a legal interest therein for a term of thirty days or more after coming into the possession or control of the Village, by virtue of any authority provided under

21 federal or state law or the authority set forth in this Municipal Code.

(b) PROPERTY as used herein shall mean personal property of any nature.

(2) DUTY OF VILLAGE. The Village shall immediately notify the Village Clerk in writing of the Village having taken possession of any property which shall be deemed to be abandoned, the Village shall take reasonable steps to secure and maintain such property.

(3) NOTICE REQUIRED. The Village shall immediately notify the Village Clerk in writing of the Village having taken possession of any property hereunder, which shall include a description of said property. Thereupon, the Village shall attempt with reasonable diligence to ascertain the identity of the owner, lienholder if applicable, or any party having an interest in said property.

(a) Notice to ascertainable interested party. In the event the Village is able to identify the owner, lienholder is any, or person having a legal interest in property that is in the possession or control of the Village, the Village shall notify such person(s) by certified mail of the following:

(i) a reasonable description of the property; and

(ii) where the property is located; and

(iii) a statement indicating costs of securing or storage of said property; and

(iv) notice that such person(s) may claim such property upon payment of said costs; and

(v) failure to claim said property within thirty days from the date of the notice shall be deemed a waiver of any claim to such property, and may result in the disposal of the described property as provided herein; and

(vi) disposal of the property shall not preclude the Village from pursuing civil remedies against the owner of the property for any costs incurred by the Village.

(b) Unascertainable Owner of Property. If after the exercise of reasonable diligence, the Village is unable to ascertain the identity of the owner, lienholder if any, or person having a legal interest in property in the possession or control of the Village, or if notice as set forth herein to said owner or other person is impractical or unfeasible or notice cannot reasonably be given, the Village may dispose of abandoned property as set forth herein.

(4) DISPOSAL OF ABANDONED PROPERTY. The Village, in its sole discretion, may dispose of any abandoned property, that has not been claimed as provided herein, as follows:

(a) By public sale or auction, notice of which shall be posted where other municipal notices are otherwise posted not less than five days before such sale or auction, with the information set forth in subsec. (3)(a), herein.

(b) By private sale if the Village shall maintain an inventory of such property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such inventory shall be kept as a public record for a period not less than two years from the date of disposal of the property.

(c) Property having little or no commercial value may be destroyed or otherwise disposed of by the Village subject to the provisions herein. However, records of any such disposal shall be maintained as set forth in subsec. (4)(b), above.

(d) Exceptions.

(i) Dangerous weapons and ammunition shall be disposed of in accordance with Sec. 968.20, Stats.

(ii) This ordinance shall apply to the disposal of motor vehicles, except to the extent that any provisions of Secs. 342.34, 342.40 and Chapter 342, Stats., may apply.

(iii) Hazardous materials such as unclaimed flammable, explosive, or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use may be disposed of without sale or notice to any owner, lienholder, or party claiming any interest therein. However, record of such disposal shall be maintained in accordance with subsec. (4)(b) above.

(5) PROCEEDS FROM SALE. If the disposal is in the form of sale or action, all receipts therefrom, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the Village Treasury.

(6) RIGHT TO PURSUE OWNER FOR COSTS. Costs of keeping property, sale of property or disposal of property, not recovered from a sale, auction or disposal may be recovered in a civil action by the Village.

(7) APPLICATION FOR PROCEEDS OF SALE. At any time within one year after the sale of property as provided herein, any person claiming

23 ownership of such property or a financial interest therein may present a claim to the Village Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the property prior to the sale was not the result of the neglect or fault of claimant. If the Village Board is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Village Treasury as a result of the sale of such property nor the amount of interest of the claimant therein.

Established September 2, 2003, Ordinance No. 1002

9.25 MISUSE OF 911 EMERGENCY SYSTEM

Any person who intentionally dials the telephone number “911” for any reason other than to report an emergency shall be subject to a forfeiture of not more than $300.00 plus costs.

Created January 7, 2008, Ordinance No. 1034

9.26 OBJECTS IN THE ROAD RIGHT OF WAY PROHIBITED.

(1) PURPOSE. It is the Village of Bloomfield’s intention to preserve and maintain the safe passage over the Village’s right of ways, to protect property from damage and facilitate the timely delivery of municipal services. The Village considers the placement of personal property or fixtures in the road right of way to be a nuisance, creating a hazard to the community as a whole. A violation of the Village’s stated purpose is considered an active and exigent circumstance that requires immediate response and abatement.

(2) VIOLATION. At no time shall any resident allow, permit, place, or otherwise leave any personal property or fixture in the road right of way, adjacent to their property, except for:

(a) Mailboxes placed appropriately as described by the United States Post Office.

(b) Garbage and recycling containers or other refuse, placed at the designated location for timely pickup by the appropriate authorities. The containers and other pickup items shall be left no more than 48 hours, 24 hours before pickup, and 24 hours after pickup.

(3) ENFORCEMENT.

(a) Any resident in violation of this section shall first receive a written warning of the violation. All personal property or fixtures still in the road right of way after five (5) calendar days, in violation of this section, shall be deemed abandoned.

(b) All abandoned personal property or fixtures shall be collected by the Village Highway Department and be stored by said department. Personal property and fixtures shall be held for at least thirty (30) days and thereafter may be disposed of pursuant to section 9.24 of the Village of Bloomfield Municipal Code.

The Village reserves to the right to use any other authority as allowed by law to preserve the safe passage over the roadway.

Created August 4, 2008, ordinance no. 1037

9.27 PROHIBITION OF WEAPONS IN PUBLIC BUILDINGS

(1) Weapons as defined in sec. 175.60 Wis. Stat., shall be prohibited from all buildings owned and operated by the Village of Bloomfield, except as provided for in subsection 2) hereinafter.

(2) (a) Weapons in a vehicle driven or parked in the parking facility adjacent to any buildings owned and operated by the Village of Bloomfield.

(b) Armed forces/military personnel who go armed in the line of duty or any law enforcement officer.

(c) A qualified out-of-state law enforcement officer as defined in sec. 941.23(1)(g), to whom sec. 941.23(2)(b) 1. to 3. applies.

(d) A former officer, as defined in sec. 941.23(1)(c), to whom sec. 941.23(2)(c)1. to 7. applies.

(3) Employees. No employee of the Village of Bloomfield shall be permitted to bring a weapon into a building owned and occupied by the Village of Bloomfield during the course of their employment.

(4) If any section, clause, provision or portion of this section is adjudged unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(5) The Village shall install a sign, that is at least 5 inches by 7 inches that states the restriction on weapons, and is posted in a prominent place near all of the entrances to the public buildings.

Created November 15, 2011, ordinance no. 1069

25 CHAPTER 10 PUBLIC NUISANCES

10.01 Legislative Declaration 10.02 Public Nuisance Prohibited 10.03 Public Nuisance Defined 10.04 Public Nuisances 10.05 Abatement of Public Nuisance 10.06 Cost of Abatement and Enforcement 10.07 Penalty 10.08 Severability

Chapter 10 Board Action______Adopted December 20, 2011 as part of Village Incorporation Amended August 5, 2013, Ordinance No. 2013-O-07 Repealed & Recreated May 2, 2016, Ordinance No. 2016-O-04

10.01 LEGISLATIVE DECLARATION. The Village Board of the Village of Bloomfield finds that public nuisances exist in the Village of Bloomfield in the operation of certain establishments and in the use or alteration of property in violation of the building code, fire code, zoning code, and public health, safety, and general welfare laws and ordinances, all of which interfere with the interest of the public and the quality of life and total community environment, the tone of commerce in the Village, property values, and the public health, safety, and welfare. The Village Board further finds that the continued occurrence of such activity is detrimental to the health, safety, and welfare of the people of the Village of Bloomfield and of the businesses thereof, and visitors thereto. It is the purpose of the Village Board to create one standardized procedure for securing legal and equitable remedies related to the subject matter encompassed by this Chapter, without prejudice to the use of or procedures available under existing and subsequently enacted ordinances or statutes, and to strengthen existing ordinances on the subject.

10.02 PUBLIC NUISANCE PROHIBITED. No person or other legal entity shall erect, contrive, cause, continue, maintain, or permit any public nuisance to exist within the village.

10.03 PUBLIC NUISANCE DEFINED. A 'public nuisance' is a thing, act, occupation, condition, or use of property that continues for such length of time or under such conditions as to:

(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.

(2) In any way render the public insecure in life or in the use or enjoyment of property.

(3) Greatly offend the public decency.

(4) Unlawfully and substantially interfere with, obstruct or intend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

10.04 PUBLIC NUISANCES. The following acts, omissions, places, conditions, and things are specifically declared public nuisances; but such enumeration shall not be construed to exclude other nuisances.

(1) PUBLIC NUISANCES AFFETING HEALTH, WELFARE, AND ENJOYMENT OF PROPERTY.

(a) ADULTERATED FOOD. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.

(b) UNBURIED CARCASSES. Carcasses of animals, birds or fowl not intended for human consumption or food that are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(c) BREEDING PLACES FOR INSECTS OR VERMIN. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin can breed, except for outdoor composting in an area less than ten sq/ft and storage of manure or fertilizer in connection with farm operations.

(d) STAGNANT WATER. All containers or manmade bodies of stagnant water in which mosquitoes, flies, or other insects can multiply, except Village approved retention or detention basins.

(e) PRIVY VAULTS AND GARBAGE CANS. No commercial or industrial property or business may have privy vaults and/or garbage cans that are not fly-tight.

(f) NOXIOUS AND NUISANCE WEEDS. Any place in the village where noxious weeds are over one foot high, are located on private or public land, and the noxious weeds are not timely cut or removed within fourteen (14) days after posting or publication of a notice to destroy noxious weeds under s. 66.0407 Wis. Stats. or within seven (7) days after receipt or written notice to remove from the Village Board. The Village may cause all such noxious weeds to be destroyed and the costs thereof charged to the property pursuant to Sec. 66.0703 or 66.0627, Wis. Stats., or the person(s) or other legal entity charged with control of said property or the owner, but not both.

(g) WATER POLLUTION. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.

(h) NOXIOUSODORS, ETC. Any use of property, substances or things within the Village emitting or causing any foul, offensive, noxious or disagreeable odors, gases, effluvia or stenches that annoy, discomfort, injure or inconvenience the health or are extremely repulsive to the physical senses of ordinary person(s) or other legal entities which entities annoy, discomfort, injure or inconvenience the health of any person(s) or other legal entities within the Village.

(i) STREET POLLUTION. Any use of property that causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.

(j) AIR POLLUTION. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village in such quantities as to endanger the health of person(s)or other legal entities of ordinary sensibilities or threaten or cause substantial damage to property in the Village, except as otherwise authorized by the municipal code, specifically sec. 9.11 herein.

(k) ANIMALS RUNNING AT LARGE. No person owning or harboring any animal shall permit such animal to run at large within the village except within the immediate presence and 'effective control' of such person. . The owner’s or harborer’s failure to adequately restrain an animal in a building, enclosure, or on a leash, lead or halter shall be considered de facto proof of permission to run at large. Further, an animal that damages or injures property or person(s) or other legal entities is not within effective control of a person responsible for it.

(i) Impounding. Any animal running at large, with or without license, may be immediately taken into custody by any police or peace officer, and impounded in a suitable place to be arranged for or provided by the Village, not exceeding ten (10) days. The Village may impose a reasonable cost for maintenance of such animal(s).

(ii) Disposition. The release of any animal so impounded shall be conditioned upon payment of the charge of maintenance at such place of impounding, subject to the conditions of Ch. 173 Wis. Stats.

(l) BARKING DOGS. HOWLING. Whenever it shall be determined by the Police Chief or his/her designee, upon the duly verified complaint of a resident of the municipality filed with the Police Department or Village Board, that any dog habitually howls, yelps or disturbs the peace and quiet of the municipality or of the neighborhood in which the dog is located, the owner of such dog shall remove it from the municipality within twenty-four (24) hours after service the by the Police Chief, or his/her designee, of written notice upon him to that effect, which notice may be personally served upon such owner or may be forwarded to him at his residence by first class mail; and failure of such owner to remove such dog each day subsequent to the service of such notice shall be deemed a separate violation. The owner of a dog may request a hearing before the Village Board within 48 hours of receipt of the notice. The request for hearing shall be in writing addressed to the municipal clerk. If a request for hearing is timely filed, the owner of the dog shall not have to remove the offending dog from the municipality except by order of the Village Board after a hearing and opportunity to be heard.

(m) OTHER ANIMALS. The keeping of any animal that causes the continuous annoyance and discomfort of surrounding neighbor(s) so that their rest is broken, sleep interrupted, or the reasonable use and enjoyment of their property disturbed, is a nuisance. Such animal may be taken into custody as provided in Sub.(k)(i).

(n) DANGEROUS ANIMALS.

Whenever it shall be determined by the Chief of Police of the municipality, or his/her designee, upon the duly verified complaint of a resident of the municipality field with the Village, that any dog is habitually fierce, vicious, dangerous, or it’s in the habit of attacking other animals, the owner of such dog, within twenty-four (24) hours after service by the municipality of written notice upon him to that effect, personally served upon such owner or forwarded to him at his residence address in the regular course of the United States mail, shall remove such dog from the municipality or enclose it within an enclosure or walls sufficient to keep the dog from endangering any person other animal and sufficient to prevent escape by said dog from the structure. The enclosure shall be locked in such a fashion to prevent children from gaining access to said enclosure. The Chief of Police, or his/her designee, shall inspect the enclosure and determine whether the enclosures meets the requirements of this ordinance. Whenever such dog shall be so enclosed, a sign shall be displayed at every point of entrance to such enclosure giving warning of the presence of such dog, and such signs shall not be removed or defaced at any time while such dog is so confined within the enclosure. Failure of the owner to remove or enclose such dog, or to construct an enclosure meeting the requirements of this ordinance, each day subsequent to the service of any notices to either enclose the animal or created an enclosure within the meaning of this ordinance shall be deemed a separate violation of the provisions of this section. The hearing provisions of Sub (5) shall apply except that such dog may be impounded if the dog poses a threat to the health or safety of humans or other animals.

(o) DUTY OF OWNER IN CASES OF DOG BITE.

(a) Every owner or person keeping or harboring a dog who knows that such dog has bitten any person shall immediately report such fact to the Chief of Police or any officer and shall keep such dog confined for not less than fourteen (14) days or for such period of time as the Police Chief or officer may direct.

(b) The owner or keeper of any such dog shall surrender the dog to the Chief of Police or officer upon demand for examination and shall pay for all expenses incurred.

(p) GENERAL POLLUTION. Waste which is prepared or stored on any premises in a manner which creates or may create a public health hazard, safety hazard or blighting condition.

(q) STORACE OF JUNK OR UNSIGHTLY DEBRIS.

(i) No person or other legal entity shall store junk upon real property that is subject to the view of the public. The Village does not recognize the use of temporary covers as an acceptable barrier from public view. All violations of this section shall result in a thirty (30) day notice prior to the issuance of a citation. The notice shall identify what items are to be removed.

(ii) Junk defined. In this section, ‘junk’ shall mean any old or scrap metal, metal alloy, synthetic or organic material, waste, household appliances, furnaces, water heaters, machinery, bricks, cement or cement blocks, and other miscellaneous building materials that, under the totality of the circumstances, is otherwise unsightly and appears to be rubbish. Firewood should be neatly stacked. In addition, junk shall also mean any dismantled or wrecked motor or other vehicles, parts thereof, or any other motor or other vehicle that, under the totality of the circumstances, appears mechanically inoperable, or cannot be used legally upon the public highways or for the purpose upon which they were constructed. In considering the totality of the circumstances herein, factors may include, but not be limited to, whether the vehicle has affixed to it a current license plate and registration, whether it is actually operable, the amount of time it has remained in one position, whether there is air in the tires, whether it is being used for storage, or whether it otherwise appears to be junk.

(r) LAWN MAINTENANCE. All lawns consisting of grass and/or weeds shall be kept cut to a height not to exceed twelve (12) inches, except for lands zoned agricultural.

(i) Public policy. Overgrown lawns are an intermittent and recurring problem which shelter pests and vermin, aggravate health problems for people who have certain allergies or health conditions, detract from property values, and make neighborhoods less attractive to residents and prospective residents.

(ii) Municipal enforcement. Due to the unique characteristics of this type of public nuisance, in addition to any other enforcement methods herein or otherwise allowed by law, the Village may also enter property and abate lawns that violate this ordinance by mowing them, without first seeking a court order, subject to the notice provision herein. Work performed shall be by Village personal or contracted services at the discretion of the Village.

(iii) Notice. The Village shall first notify the property owner and/or any person or legal entity causing the condition, by posting a notice at or near the property entrance, giving them ten (10) days to correct the condition, and stating that the Village will do so thereafter if they do not.

(iv) Collection of abatement costs. Cost of the abated will be $100.00 for administrative costs per abatement plus actual cost of abatement. Unless the property owner and/or person or entity causing the condition pays the cost of abatement within twenty (20) days of notice of said cost, the Village may collect the cost of abatement as allowed by law, including as a special charge under Sec. 66.0627, Stats., or under Ch. 10.06, herein.

(2) NUISANCES AFFECTING DECENCY. For the purposes of this Section: 'Nuisance activity' means any of the following activities, behaviors or conduct whenever engaged in by premises owners, operators, occupants or person(s) or other legal entities associated with the premises:

(a) DISORDERLY HOUSES. All disorderly houses, gambling houses, building or structures kept or restored to or for the purpose of gambling, or any drug or criminal gang house as defined in Sec.823.113(1m)(b), Wis. Stats., and all buildings or structures where the sale, manufacture, or delivery of drug paraphernalia as defined in Sec. 961.571(1)(a), Wis. Stats., occurs.

(b) GAMBLING MACHINES. The keeping of gambling devices or slot machines.

(c) UNLICENSED SALE OF LIQUOR OR BEER. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured, or rectified without a permit or license as provided by the ordinances of the Village of Bloomfield.

(d) REPEATED VIOLATION OF VILLAGE ORDINANCES. Any place or premises within the Village where Village ordinances or State laws relating to public health, safety, peace, or welfare are repeatedly violated.

(e) ILLEGAL DRINKING. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of State law or a Village ordinance.

(f) ESTABLISHMENT OF ORDINANCE RELATING TO OBSCENITY, ETC. Any place or premises within the Village where the laws relating to obscenity and related offenses set forth in Secs. 944.20 through 944.36 Wis. Stats., occur.

(3) NUISANCES AFFECTING PEACE AND SAFETY.

(a) SIGNS, BILLBOARDS AND RELATED MATTERS.

(i) All signs, billboards, awnings, and other similar structures over or near streets, sidewalks, public grounds, or places frequented by the public and not maintained in a proper state of repair, not constructed in a structurally sound manner or permitted to become structurally unsound so as to depreciate property values or so as to endanger the health, safety, or welfare of the public.

(ii) All signs, billboards, awnings, and other similar structures over or in view of the public highways, streets, sidewalks, public grounds or places frequented by the public and used for more than thirty (30) days and not constructed of a material suitable for outdoor use which becomes unsightly and/or in a state of disrepair. This does not apply to political campaign signs; however, such signs must be removed seventy-two (72) hours after the election.

(b) BUILDING CODE VIOLATIONS. All buildings erected, repaired, or altered in violation of the Village's ordinances relating to materials and manner of construction of building and structures within the Village.

(c) OBSTRUCTION OF INTERSECTIONS. All obstructions two and one half (2½) feet above grade which prevent person(s) or other legal entities driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk is a nuisance.

(d) DANGEROUS TREES AND PLANTS. All trees and plants that are a danger to public safety or are the cause of substantial annoyance to the public. Any tree whose limbs project over and are less than fourteen (14) feet above any public sidewalk, or less than eighteen (18) feet above any street or other public place shall be deemed a dangerous tree.

(e) DANGEROUS OR DILAPIDATED BUILDINGS. Any place in the village where a building or structure, the contents of a building or structure, or any associated electrical, heat, water, or sewer system located on public or private lands is so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, and the conditions that are dangerous, unsafe, unsanitary, or otherwise render the building unfit for human habitation are not timely removed or discontinued within thirty (30) days of receipt of written notice to remove from the Village Board.

(f) LOW-HANGING WIRES AND CABLES. All wires and cables over streets, or private or public grounds that are strung less than eighteen (18) feet above the surface thereof or are otherwise dangerous.

(g) OBSTRUCTIONS OF STREETS; EXCAVATIONS. All obstructions of streets or crosswalks and all excavations or under the same, except as permitted by the ordinances of the Village but including those which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or which do not conform to the permit.

(h) UNLAWFUL ASSEMBLIES.

(i) Any unauthorized or unlawful use of property on or abutting onto a public street or other public property which causes large crowds of people to gather, obstructing traffic and fee use of the streets.

(ii) Any unauthorized or unlawful use of property that is intended to disrupt the business of government.

(i) SUFFOCATION HAZARDS. Any abandoned, unattended, or discarded icebox, refrigerator, walk-in cooler, or other container of any kind, which has an air-tight door or lid, snap lock, or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened shut.

(j) EXCESSIVE NOISE. The making, continuation, or causing to be made or continued any noise that either injures, endangers the comfort, repose, health, or safety of another, or substantially annoys another between the hours of 10:00 p.m. and 7:00 a.m. This provision shall not apply to noises necessary for the protection or preservation of property, or the health or safety of a person or other legal entity, or to emergency short-term operations that are necessary to protect the public health, safety, or welfare, including emergency utility and public works operations.

(k) RESERVED.

(l) OPEN CISTERNS, WELLS, BASEMENTS OR OTHER EXCAVATIONS. No person or other legal entity shall have or permit on any premises owned or occupied by them any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced, in such manner as to prevent injury to any person or other legal entity and any cover shall be of a design, size and weight that small children cannot remove the same.

10.05 ABATEMENT OF PUBLIC NUISANCE

(1) ENFORCEMENT. The Chief of Police, Fire Chief, Building Inspector, or their designee shall enforce those provisions of this chapter that come within the jurisdiction of their offices; and they shall conduct periodic inspections, and inspections upon complaint, to ensure that such provisions are not violated. No action shall be taken under this Section to abate a public nuisance unless the official has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied that a nuisance does in fact exist.

(a) Whenever the Police Chief, Fire Chief, Building Inspector, or their designee determines that a violation of this chapter has occurred at a premise, the officer shall notify the premise owner and person or other legal entity(s) causing such a condition, in writing, that the nuisance condition exists. This notice shall be deemed properly served when service has been accomplished pursuant to Chapter 801, Wis. Stats., or by certified mail, return receipt requested, signed by the recipient.

(b) The notice shall contain the legal description or street address of the premises, a description of the nuisance condition, and a statement indicating that the costs of future enforcement may be assessed as a special charge against the premises and/or by citation through the Municipal Court.

(2) MULTIPLE VIOLATIONS. Each incident of nuisance activity shall be deemed a separate violation. In addition, each day a nuisance exists shall also be deemed a separate violation.

(3) SUMMARY ABATEMENT. If the inspecting officer determines that a public nuisance exists within the Village and that there is a great and immediate danger to the public health, safety, peace, or decency, the officer may direct the proper officials to cause the same to be abated and charge the cost thereof to the owner, occupant or a person or other legal entity(s) causing, committing or maintaining the nuisance.

(4) OTHER METHODS NOT EXCLUDED. Nothing in this Chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officers in accordance with the laws of the State or the ordinances of the Village of Bloomfield. Where the provisions of this Chapter conflict with another section of the Village of Bloomfield Municipal Code, the more restrictive provision shall apply.

(5) COURT ORDER. Except where necessary under (3), an officer shall not use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property. If such premises are not occupied or, if such permission is denied, the Village shall apply to the Circuit Court for an order assisting the abatement of the public nuisance.

10.06 COST OF ABATEMENT AND ENFORCEMENT. All costs of abatement and enforcement or other legal entity(s) erecting, continuing, causing, maintaining, or permitting the public nuisance. If notice to abate the nuisance has been served upon the owner of the premises where the nuisance exists, such cost may be assessed against the real estate as a special charge. Such costs may include actual attorney fees. Citations issued shall be prosecuted before the Municipal Court.

10.07 DEVIATIONS. The Village Board may authorize deviations from the requirements herein under special circumstances based on its judgment.

10.08 PENALTY. This chapter shall be enforced pursuant to Section 25.04 of the Village of Bloomfield Municipal Code, or other penalty as specified by statute or herein.

10.09 SEVERABILITY. If any provision, clause, sentence, paragraph, section, or part of this Chapter, or application thereof to any person or other legal entity, firm, corporation, or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair, or invalidate, the remainder of this Chapter and the application of such provision to other person(s)or other legal entities, firms, corporations, or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof, directly involved in the controversy in which such judgment shall have been rendered and to the person or other legal entity, firm, corporation, or circumstance involved. It is hereby declared the legislative intent of the Village Board that this Chapter would have been adopted had such invalid provision or provisions not been included.

CHAPTER 11 ALCOHOL BEVERAGES

11.01 Regulation of Intoxicating Liquor and Fermented Malt Beverages 11.02 Liquor and Related License Fees 11.03 License Application 11.04 Revocation, Suspension and Non-Renewal of Licenses 11.05 Restrictions on Granting Intoxication Liquor and Fermented Malt Beverage Licenses 11.06 Regulation of licensed premises and licenses 11.07 Hours for Selling and Operation 11.08 Free Alcohol Beverages in Restaurants 11.09 Place-to-Place Deliveries 11.10 Drinking and Open Possession of Intoxicating Beverages Prohibited 11.11 Suspension, Revocation and Discontinued use or Non-use of License 11.12 Wearing Apparel Required 11.13 Penalties

Chapter 11 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised June 4, 2012, Ordinance 2012-O-06 Revised May 5, 2014, Ordinance 2014-O-11

11.01 REGULATION OF INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES

(1) STATUTES ADOPTED The provisions of Chapter 125 Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages. A violation of any such provisions shall constitute a violation of this chapter.

(2) MODIFICATIONS TO STATUTES. Any future amendments, modifications, revisions, additions or deletions of the Chapters of the Wisconsin Statutes incorporated herein shall be incorporated herein and made a part of this Code in order to secure uniformity with state laws regarding intoxicating liquors and fermented malt beverages.

11.02 LIQUOR AND RELATED LICENSE FEES Unless otherwise indicated, fees for licenses issued under this Chapter shall be as follows:

(1) CLASS “A” PERMENTED MALT BEVERAGE RETAILER’S LICENSE - $100.00 Per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(2) CLASS “B” FERMENTED MALT BEVERAGE RETAILER’S LICENSE - $100.00 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(a) Special Event - $10.00 per day, which may be waived at the discretion of the Village.

(3) WHOLESALER’S FERMENTED MALT BEVERAGE LICENSE -$25.00 per year.

(4) RETAIL “CLASS A” INTOXICATING LIQUOR LICENSE - $500.00 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(5) RETAIL “CLASS B” INTOXICATING LIQUOR LICENSE - $500.00 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(6) RESERVE “CLASS B” INTOXICATING LIQUOR LICENSE - $10,500.00 for initial License. Renewals shall be $500.00 per year. The initial fee shall not be prorated if issued for less than one year. Renewals shall be prorated according to the number of months or fraction thereof for which the license is issued.

(7) RETAIL “CLASS C” WINE RETAILER LICENSE - $100.00 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

(8) Provisional Class “A” beer, “Class A” liquor, Class “B” beer and “Class B” liquor - $15.00. Provisional license expires 60 days after its issuance or when the retail license applied for is issued, whichever is sooner.

(9) OPERATORS. Fees for an Operator’s License shall be on a bi-annual basis, the fee being $48.00 for an initial or renewal license. However, said fee shall be prorated if application is made during the licensing period as set forth in Sec. 125.17(3), Wis. Stats., such that the fee shall be $2.00 per month, or any portion thereof, until the end of the licensing period. At no time shall the license be less than $10.00. Provisional Operator’s license - $10.00

11.03 LICENSE APPLICATION

(1) Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Village Clerk. The fee prescribed for such license in Section 11.01 shall accompany the application. The premises shall be particularly described, including every building, room and/or storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall. This shall include land area under his/her control where alcohol beverages will be sold, served, consumed, or stored.

(2) Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by 887.01, Wis. Stats.

(3) Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the Village Clerk to the State Department of Revenue.

(4) Subsequent Changes. If any fact given in the application subsequently changes, the licensee shall file a notice in writing of such change with the Clerk within 10 days.

(5) Form and Expiration of Licenses. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30, except as otherwise provided. The Village Clerk shall affix his or her affidavit as required by 125.04(4), Wis. Stats.

(6) As to Person. No license shall be transferable as to licensee except as provided by 125.04(12)(b), Wis. Stats.

(7) As to Place. Licenses issued pursuant to his chapter may be transferred as provided in 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.

(8) Posting and Care of Licenses. Every license issued under this chapter shall be posted and at all times displayed as provided in 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

11.04 REVOCATION, SUSPENSION AND NON-RENWAL OF LICENSES

Suspension, revocation and non-renewal of any license shall be in accordance with Sec. 125.12 Stats.

11.05 RESTRICTIONS ON GRANTING INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES AND RELATED LICENSES

(1) Health and Sanitation. No License shall be issued for any premises which does not comply with the State Building and Plumbing Codes, Sec. 125.68 (5) Wis. Stats., Wisconsin Administrative Code and the rules and regulations as to health and sanitation adopted by the Village Board and the County Health Department. Licensed or permitted locations must comply with sec. 125.68(3) Stats.

(2) DELINQUENT TAXES, ASSESSMENTS, ETC.

(a) PREMISES. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other fees of the Village of Bloomfield are unpaid.

(b) PERSONS. No initial or renewal alcohol license shall be granted to any person, as defined in Sec. 125.02, Stats. Who is:

(i) Delinquent in payment of any taxes, assessments or other claims owed to the Village of Bloomfield.

(ii) Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village of Bloomfield.

(iii) Delinquent in payment to the State of Wisconsin of any taxes owed.

11.06 RESTRICTION OF LICENSED PREMISES AND LICENSES

(1) STATUTORY COMPLIANCE REQUIRED. A holder of any license under this section shall comply with Chapter 125, Stats.

(2) PREMISES REQUIREMENT.

(a) Any applicant for a liquor license who does not, at the time of said application, have a building constructed for the purpose of utilizing said license, may be granted said license, provided, however, said license shall not be issued to said applicant until a building constructed for the purpose of utilizing said license has been completed and passes all inspections, rules, regulations, ordinances, and state and federal laws, including, but not limited to fire, sanitary, electrical and building codes.

(b) Outdoor Extension. An extension of a Class “B”, “Class B”, or “Class C” establishment where beverages are served and/or consumed in an designated outdoor area, provided that the establishment meets the following standards:

(i) The designated area is at least 125’ from any Residential Zoned lot line, which does not include a residence owned by the applicant of the license.

(ii) At least 40% of the sales are attributed to the sale of food, which will be determined by submittal to the Village Board of copies of the most recent two (2) quarters sales tax returns for said establishment within 90 days of their initial provisional application and again with their annual renewals.

(a) Confidential pledge. The Village pledges to the applicant that the Village shall keep confidential all tax returns filed with the Village confidential, as permitted by law. See 60 Wis. Op. Att’y Gen. 284 (1971) and sec. 71.78(4)(c) Wis. Stat. Any review of tax information shall only be done in closed session pursuant to sec. 71.78(4)(c) Wis. Stat.

(iii) The designated area complies with all Federal, State, and local Zoning Codes, including setbacks from Wetlands and Shoreland Zoning regulations.

(iv) The designated area shall be completely surrounded by a fence in compliance with the Building and Zoning Code and a permit shall be required for same.

(v) The outdoor area hours shall close on or before 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday.

(vi) The entrance to the outdoor designated area shall be only accessible from the inside of the establishment.

(vii) The applicant shall provide a detailed sketch, including any plans for an outdoor bar, with their initial application and any subsequent changes on their renewal application.

(viii) The applicant shall use the Original Application or Renewal Application form as prescribed by the State of Wisconsin and include the outdoor serving area on the detail or description of premises.

(ix) The designated area lighting should be in compliance with all applicable regulations or codes.

(x) The designated outdoor area shall be prohibited from having any outdoor music or other amplified entertainment.

(xi) The designated outdoor area must comply with the State, County and local regulations and Ordinances pertaining to service, seating, fire codes, or any other business activity.

(xii) The designated outdoor area shall be approved by the following departments or offices and said approval should be in writing, as follows:

1. Zoning Administrator. 2. Building Inspector (only required if installing fencing, lighting or other building renovations to accommodate designated outdoor area). 3. Fire Chief, or his/her designee. 4. Police Chief, or his/her designee.

(xiii) There shall be adequate parking to provide for the additional patron capacity.

(xiv) If any or all of the above standards are not met, or if there is any violation of this or any other ordinance(s), there shall be a hearing for suspension or revocation of the outdoor extension license by the Village Board.

(i) Except as provided for in Section (C) in this section, no liquor license shall be issued unless:

1. The applicant has a building or structure to utilize said license; or

2. The applicant is without a building or structure at the time of application but complies with Section (2) (b) (i) above; and (d) EXTENSION OF TIME. Any period of time set forth in this section requiring that a certain act or acts be performed as a condition of the granting or issuance of a liquor license, may be extended at the discretion of the Village Board, upon the written petition of the applicant for said license, but in no event shall any time period as set forth herein be shortened.

(e) COMPLIANCE REQUIRED. No liquor license shall be issued unless all provisions of this section are met by the applicant.

(3) TRANSFER OF LICENSE. No person granted or issued a valid liquor license in the Village may transfer or convey said license, except that any person or entity holding a valid Village license in the Village may apply to the Village Board to transfer said license from one location to another within the Village. The Village Board may, in its discretion, approve said application and issue a new license, provided the applicant furnishes the Village Board with a proper description of the premises for which the license is to be issued and pays costs of publication and administration for said application.

(4) DESTRUCTION OF EXISTING BUILDING OR STRUCTURE. In the event any person or entity that has been granted or issued a valid liquor license, and during the period which that license was in existence, said building or structure which was being operated in conjunction with said liquor license shall be destroyed for any reason whatsoever, the liquor license shall remain valid for the duration or term that said license was originally issued. At the expiration of term of said liquor license, said individual or entity may apply and have granted a liquor license, however,

(a) Construction of said building commences within 180 days from the date of granting of said liquor license; and

(b) Within 545 days from the granting of said license, said building construction is completed in conformity with (2) (a) herein and is operational and open to the public for the purpose which the building was intended to be used, whereupon said license may then be issued.

(5) VIOLATION AND PENALTY. Any person who shall violate this Chapter 125 of the Wisconsin Statute and as thereafter amended, and the alcohol licensing regulation of set forth hereing shall, upon violation, forfeit said license and said license shall revert to the Village and the Village may grant or issue said revoked license to any other applicant who qualifies for the granting and issuance of said license in accordance with the ordinances and by-laws of the Village and the laws of the State of Wisconsin.

11.07 HOURS FOR SELLING AND OPERATION.

(1) The Village of Bloomfield does hereby adopt the Wisconsin State Statutes hours of prohibition on the sale of alcoholic beverage in their original unopened packages, containers or bottles or for consumption away from the premises.

(2) The Village of Bloomfield does hereby adopt the Wisconsin State Statutes hours of operation.

(3) Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

11.08 FREE ALCOHOL BEVERAGES IN RESTAURANTS. No person holding a permit to operate a restaurant may give away or permit to be given away any alcohol beverages on the restaurant premises.

11.09 PLACE-TO-PLACE DELIVERIES. No person shall peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.

11.10 DRINKING AND OPEN POSSESSION OF INTOXICATING BEVERAGES PROHIBITED.

(1) It shall be unlawful for any person to drink from or open a container of fermented malt beverage or intoxicating liquor in a parked, standing or moving vehicle on a public highway or area held open to public use.

(2) No person unless he is a parent, guardian, or spouse of a minor, may knowingly possess, transport or have under his control, any fermented malt beverage or liquor, while accompanied by any person under State of Wisconsin’s legal drinking age.

(3) It shall be unlawful for any person to carry, exposed to view, any open can, bottle or other container containing malt beverage or intoxicating liquor, or to drink from the same, on any public walk, street or in any park or other public place in the Village of Bloomfield, unless permitted by special event permit from the Village.

(4) Any person violating any of the above shall be liable to forfeiture of the sum of not less than Twenty-five ($25.00) dollars nor more than Five hundred ($500.00) dollars, and upon default thereof, shall be confined in the County Jail for a term not to exceed Thirty (30) days.

11.11 SUSPENSION, REVOCATIONS AND DISCONTINUED USE OR NON-USE OF LICENSE

(1) SUSPENSION AND REVOCATION OF LICENSES. In addition to other provisions of this Municipal Code and Chapter 125, Stats., the following shall constitute grounds to suspend or revoke an intoxicating liquor or fermented malt beverage license issued pursuant to this Municipal Code:

(a) Closing of the premises to which a license has been issued, such closure being for ninety or more consecutive days, unless specifically authorized by the Village Board.

(b) Non-use of a license for ninety or more consecutive days subsequent to the granting of such license.

(d) Any other Violation of this Chapter.

(2) OTHER REMEDIES. This section shall not limit or abrogate the rights of the Village or licensee as otherwise set forth in this Municipal Code.

(3) NOTICE REQUIRED. The licensee shall notify the Village Clerk of any non-use or closure of licensed premises for sixty or more consecutive days. Any failure of the licensee to provide such notice shall be grounds for possible action to suspend or revoke such license.

11.12 WEARING APPAREL REQUIRED

(1) REGULATION OF LICENSED PREMISES. All persons involved in the operation of any licensed premises under this section, whether as licensee, member of the immediate family of the licensee, licensed operator, unlicensed operator under the supervision of the licensee or licensed operator, officer or agent of a licensed entity, waiter, waitress, entertainer, dancer, or any other employee, shall observe the following applicable minimum standards for such licensed premises:

(a) The costume, uniform, or attire of any female shall completely cover the breasts, completely cover the mons pubis genitals, and the buttocks at all times. Those areas to be covered shall be covered with a non- transparent material.

(b) The costume, uniform, or attire of any male shall completely cover the public area, genitals, and buttocks at all times. Those areas to be covered shall be covered with a non-transparent material.

(2) APPLICABILITY. It shall be the responsibility of the license to maintain such minimum standards on the licensed premises. Any violation taking place upon a licensed premise shall be deemed to be a violation by both the violator and the licensee.

11.13 PENALITIES. Any violation of this Chapter may result in penalties as described pursuant to Chapter 25.04 of these ordinances.

CHAPTER 12 LICENSES AND PERMITS

12.01 General Provisions as to Licenses 12.02 Intoxicating Liquor and Fermented Malt Beverages 12.03 Cigarette Retailer License 12.04 Dogs and Cats, Kennels, Licensing and Regulations 12.05 Direct Sellers Licensed 12.06 RESERVED for Mobile Homes and Mobile Home Parks 12.07 Special Events on Public Property 12.08 Firework Sellers Licensed 12.09 Other Licenses and Permits 12.10 Suspension, Revocations and Discontinued Use or Non-Use of License 12.11 Penalties

Chapter 12 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised December 2, 2013, Ordinance 2013-O-14 Repealed and Recreated June 6, 2016, Ordinance 2016-O-05

12.01 GENERAL PROVISIONS AS TO LICENSES

(1) TERMS INTERCHANGEABLE. The words “license” and “permit” as used throughout this Chapter shall be interchangeable.

(2) LICENSE REQUIRED. No person shall engage in any business or activity enumerated in this Chapter without a license therefor as provided by this Chapter.

(3) APPLICATION. Application for a license required by this Chapter shall be made to the municipal clerk on a form furnished by the municipality and shall contain such information as may be required by the provisions of this Chapter or as may be otherwise required by the municipality.

(4) LICENSE FEES.

(a) Fees to Accompany Application. License fees imposed under this Chapter shall accompany the license application. If a license is granted, the municipal clerk shall issue the applicant a receipt for the license fee.

(b) Refunds. No fee paid shall be refunded unless the license is denied.

(5) GRANTING OF LICENSES. Unless otherwise designated, licenses required by this Chapter shall be issued by the municipal clerk only with the approval of the Board.

(a) EXCEPTIONS:

i. The municipal clerk, police chief, or his/her designee, may issue the following licenses without Board approval: a. Dog Licenses b. Bicycles c. Direct Sellers

ii. The municipal official as designated by Wis. Stats. or by local ordinance may issue permits for fireworks.

(6) TERMS OF LICENSE. All licenses issued hereunder shall expire on June 30 in the year of issuance unless issued for a shorter term or specified term, when they shall expire at midnight of the last effective day of the license, or unless otherwise provided by Ordinance or State laws.

(7) FORM OF LICENSE. All licenses issued hereunder shall show the dates of issue and expiration and the activity licensed and shall be signed by the municipal clerk.

(8) RECORDS OF LICENSES. The municipal clerk shall keep a record of all licenses issued.

(9) DISPLAY OF LICENSES. All licenses hereunder shall be displayed upon the premises or vehicle for which issued or, if carried on the person, shall be displayed to any officer of the municipality upon request.

(10) COMPLIANCE WITH ORDINANCES REQUIRED. It shall be a condition of holding a license under this Chapter that the licensee shall comply with all ordinances of the municipality. Failure to do so shall be cause for suspension or revocation of the license.

(11) TRANSFER OF LICENSES. All licenses issued hereunder shall be personal to whom issued, and no license shall be transferred without the consent of the Board.

(12) EXEMPTIONS. No license other than a liquor, beer or special events license shall be required under this Chapter for any nonprofit educational, charitable, civic, military or religious organization if the activity which would otherwise be licensed is conducted for the benefit of the members or for the benefit of the public generally.

(13) RENEWAL OF LICENSES. All applications for the renewal of licenses which expire on June 30 shall be made to the municipal clerk by April 15.

(14) CONSENT TO INSPECTION. An applicant for a license under this Chapter thereby consents to the entry of police or authorized representatives of the municipality upon the licensed premises at all reasonable hours for the purposes of inspection and search, and consents to removal from the premises and introduction into evidence in prosecutions for violations of this Chapter all things found therein violation of this Chapter, municipal ordinance, or State law.

(15) REVOCATION AND SUSPENSION OF LICENSES.

(a) Except as otherwise provided, any license issued under this Chapter may be revoked for cause by the Village Board. No license shall be revoked except upon written verified complaint filed with the Village Board or by the Village President, a member of the Village Board, the Police Chief, or member of the Administrative Committee.

(b) The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of such hearing, which shall be not more than 20 nor less than 5 days after notice, except as otherwise agreed between the parties. Procedures for suspension or revocation of liquor licenses shall be as provided in Wis. Stats. 125.12.

(c) At such hearing, the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the Village President or presiding officer of the Village Board to compel the attendance of witnesses.

(d) After hearing the evidence, the Village Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under Ch. 24 of this Code, provided the licensee shall not be entitled to a further hearing unless granted by the Village Board.

(e) The Police Chief, or his/her designee, shall repossess any license revoked hereunder.

(f) If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Village Board.

(g) The Village President or Village Board may suspend the license of a licensee hereunder without hearing for not to exceed ten (10) days.

12.02 INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES. See Chapter 11 of this Municipal Code. All other provisions of this Chapter apply to the licensing provisions of intoxicating liquor and fermented malt beverages.

12.03 CIGARETTE RETAILER LICENSE

(1) REQUIRED. No person shall sell cigarettes in the Village without first obtaining a license from the Village Clerk. The provisions of Sec. 134.65, WI. Stats., are hereby adopted and made a part of the section by reference.

(2) LICENSE FEE. The license fee shall be $25 per year.

12.04 DOGS AND CATS, KENNELS, LICENSING AND REGULATIONS

(1) DOG LICENSES REQUIRED. No person shall own, harbor or keep any dog more than 5 months of age without complying with the provisions of Secs. 174.05, through 174.09, Wis. Stats., relating to the listing, licensing and tagging of dogs and cats.

(2) DOG LICENSE FEES: Shall be $5.00 above the County’s fee schedule, except that kennel licenses shall be $15.00 above the County’s fee schedule. Said fee shall be paid to the Village Treasurer, due and payable on the 1st day of January, each license year.

(a) TERM OF LICENSE: Dog licenses shall be issued for the calendar year, in accordance with Walworth County Ordinance or Wis. Stats.

(b) LATE FEE $ 5.00

Above listed late charge for any dog license issued after the grace period established by Walworth County Ordinance (April 1) or Wis. Stats.

(3) NUMBER OF DOGS OR CATS LIMITED. Unless otherwise licensed as a kennel, no person shall keep more than a combined total of more than three (3) dogs or cats, over 5 months of age, on their premises at one time, except litters of pups or kittens under six months of age.

(8) KENNEL LICENSE REQUIRED.

(a) No person shall maintain or operate a dog kennel in the municipality without obtaining a license as herein provided. The application for a dog kennel license shall be filed in writing with the municipal clerk disclosing the name and address of the applicant, the location at which the proposed kennel is kept, and the number of dogs proposed to be kept, a description of the various facilities of the dog kennel, and such other information as the Village Board may require.

(b) Such application shall be accompanied by a license fee. Dog kennel licenses shall be limited to persons who reside in the municipality.

(c) By the filing of such application, the applicant shall be deemed to have consented to an inspection, prior to the issuance of such license, by the Village Board, Village Health Officer or any other Village Officer for the purpose of determining whether or not such license shall be granted. The Village Board may issue or deny a license in exercise of its discretion, having regard to the effect of the establishment of such dog kennel upon the public health, safety and welfare. Application for renewal of a license shall be made in the same manner as application for the original license with payment of like fee.

(d) Operation & Use. No premises shall be licensed that is not in compliance with Chapter 27 Zoning Ordinance and is accompanied with a zoning permit. No premises shall be licensed or allowed as a dog kennel if any of the buildings or enclosed yards or portions thereof are located closer than 500 feet to the nearest adjacent lot line. No kennel shall be located on less than five (5) acres of land. All buildings and dog yards of a kennel shall be enclosed in a secure woven wire fence of not less than six (6) feet in height. Every dog kennel shall be operated and maintained in a clean and sanitary condition so as not to endanger the health, comfort, safety and welfare of the public. In addition, the operator of dog kennel shall comply with the provisions of Wis. Stats.

12.05 DIRECT SELLERS

(1) REGISTRATION REQUIRED. It shall be unlawful for any direct seller to engage in direct sales within the Village of Bloomfield without being registered for that purpose as provided herein.

(2) DEFINITIONS. In this subchapter:

(a) “Direct seller” means any individual who, for him/herself, or for partnership, association or corporation, L.L.P. or L.L.C., sells goods, takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said individual, partnership, association, corporation, L.L.P. or L.L.C., and shall include, but be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.

(b) “Permanent merchant” means a direct seller who, for at least one year prior to the consideration of the application of this ordinance to said merchant, a) has continuously resided in the Village and now does business from his/her residence.

(c) “GOODS” shall include personal property of any kind, and shall include goods provided incidental to services offered or sold.

(d) “Charitable Organization” shall include personal property of any kind, and shall include goods provided incidental to services offered or sold.

(e) “CLERK” shall mean the Village Clerk.

(3) EXEMPTIONS. The following shall be exempt from all provisions of this Subchapter:

(a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;

(b) Any person selling goods at wholesale to dealers in such goods;

(c) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this State and who delivers such goods in their regular course of business;

(d) Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which, the buyer has initiated contact with, and specifically requested at home visit by said person;

(e) Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer;

(f) Any person selling or offering for sale a service unconnected with the sales or offering for sale of goods;

(g) Any person holding a sale required by statute or by order of any Court and any person conducting a bona fide auction sale pursuant to law;

(h) Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under Sec. 440.41, Wis. Stats. Any charitable organization not registered under Sec. 440.41, Wis. Stats., or which is exempt from the Statute’s registration requirements, shall be required to register under this subchapter if involved in sale of goods as hereunder defined;

(i) Veterans and patriotic organizations which “give” tokens as evidence of donations, local service and religious organizations in sale of tickets, local youth organizations, such as Boy Scouts and Girl Scouts in fund raising project areas;

(j) Any person who claims to be a permanent merchant, but against whom complaint has been made to the Clerk that such person is a transient merchant; provided that there is submitted to the clerk, proof that such person has leased for a least one year, or purchased, the premises from which he/she is conducting business, or proof that such person has conducted such business in the Village for at least one year prior to the date complaint was made.

(4) REGISTRATION.

(a) Applicants for registration must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:

1. Name, permanent address and telephone number, temporary address, if any, and address for notification as to action on the application for registration;

2. Age, height, weight, color of hair and eyes;

3. Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold;

4. Temporary address and telephone number from which business will be conducted, if any, nature of business to be conducted and a brief description of the goods offered, and any services offered; proposed method of delivery of goods, if applicable; make, model and license number of any vehicle to be used by applicant in the conduct of his/her business; last cities, villages, villages, not to exceed three, where applicant conducted similar business; place where applicant can be contacted for at least seven days after leaving the Village following conduct of his/her business; statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant’s transient merchant business within the last five years, the nature of the offense and the place of conviction.

(b) Applicants shall present to the Clerk for examination:

1. A Driver’s license or some other proof of identity as may be reasonably required;

2. A state certificate of examination and approval from the Wisconsin Department of Weights and Measures when applicant’s business required use of weighing and measuring devices approved by state authorities;

3. A state health officer’s certificate where applicant’s business involves the handling of food or clothing and is required to be certified under state law, such certificate to state the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.

1. Should the Clerk determine that the applicant has failed to comply with any previous applicable provisions of this section, said clerk shall refuse to further process the same pending corrections thereof and full compliance with said provisions. Upon finding of compliance, the procedure shall be as follows:

a. Fee of $25.00, unless changed by the Village Board from time to time, shall be paid to the Clerk to cover the cost of processing said registration, including investigation.

b. The applicant shall sign a statement appointing the Clerk his/her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant in the event the applicant cannot, after reasonable effort, be served personally.

c. The Clerk shall refer the application immediately to the Chief of Police, or his/her designee, who shall make and complete a prompt investigation as provided in Sub. (5) and thereafter approve or disapprove of such application.

d. Upon receipt of approval from the Chief of Police, or his/her designee, as to such application, the Clerk shall: a)register the applicant as a direct seller and, date the entry, such registration to be valid for a period of one year from date of entry; b) issue evidence of such registration showing the period for which it is valid; such evidence to be in such form that it may be easily carried and displayed; c) notify the applicant of such registration and that the evidence thereof can be personally obtained from the office of the Clerk.

e. Should the Chief of police, or his/her designee, disapprove of such application, the Clerk shall deny the application and send notice thereof by regular mail.

f. There shall be no right of refund as fees paid in the event of the denial of the application.

(5) INVESTIGATION.

(a) Upon referral of application for registration by the Clerk for investigation, the Chief of Police, or his/her designee, shall make and complete a prompt investigation of the statements made in the registration form, such investigation to be made within two weeks of such referral. Following such investigation, the Police Chief, or his/her designee, shall notify the Clerk in writing of his approval or disapproval and, if the latter, the reason(s) therefore.

(b) Should such investigation disclose any of the following, the same shall be sufficient reason(s) for disapproval:

1. The application contains any material omission or materially inaccurate statement;

2. Complaints of material nature have been received against the applicant by authorities in the last cities, villages, and towns, not exceeding the last three such municipalities in which the applicant conducted similar business;

3. The applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant’s fitness to engage in direct selling; or any other fact(s) deemed by the Police Chief, or his/her designee, to be materially repugnant to the granting of such application.

(6) APPEAL. Any person denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the Village Board; or, if none has been adopted, under the provisions of Sec. 68.07 through 68.15, Stats.

(7) REGULATION OF DIRECT SELLERS.

(a) PROHIBITED PRACTICES.

1. A direct seller shall be prohibited from: Calling at any dwelling or place between the hours of 9:00 p.m. and 9:00 a.m., except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words “No Peddlers”, “No Solicitors”, or words of similar meaning; call at the rear door of any dwelling place;, or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.

2. A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality or character of any goods offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.

3. No direct seller shall impede the free use of roads or streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

4. No direct seller shall make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard a one hundred foot radius of the source.

5. No direct seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.

(b) DISCLOSURE REQUIREMENTS.

1. After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, his evidence of registration and the identity of goods and services he/she offers to sell.

2. If any sale of goods is made by a direct seller, of any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25.00, in accordance with the procedure as set forth in sec. 423.203, Wis. States.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Sec. 423.203(1), (a), (b), and(c), (2) and (3), Wis. Stats.

3. If the direct seller takes a sales order for the later delivery of goods, he/she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance where full, partial or no advance payment is made, the name, address, and telephone number of the seller, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.

(8) RECORDS. The Chief of the Police, or his/her designee, shall report to the Clerk all convictions for violation of this subchapter and the Clerk shall note any such violation of the record of the registrant convicted.

(9) REVOCATION OF REGISTRATION.

(a) Registration may be revoked by the Village Board after notice and hearing, if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive, or misleading statement or representation in the course of engaging in direct sales, violated any provision of this ordinance or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant’s fitness to engage in direct selling.

(b) Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.

12.06 MOBILE HOMES AND MOBILE HOME PARKS - RESERVED

12.07 SPECIAL EVENTS ON PUBLIC PROPERTY

(1) Special event. For purposes of this chapter, special event shall mean an event that takes place on any portion of a Village roadway or significantly impacts traffic on a village roadway, which event, in the determination of the Police Chief, requires extraordinary traffic safety services to ensure the safety of participants and the traveling public. Special events shall include, but not be limited to, races of any kind, walks or tours. Special events shall not include parades held by the village.

(2) REQUIRED. No person or entity shall hold or use public property for special events in the Village without first obtaining a permit from the Village Board.

(3) APPLICATION PROCEDURE. The owner, controlling partner, or other representative of trade, business, or other entity shall complete a Special Events application form provided by the Village of Bloomfield Clerk, and shall return the completed form to the Village of Bloomfield Clerk, together with a copy of a map showing the routes requested for use of public roads and other public facility use. The application form shall contain at a minimum the physical location and mailing address of the trade or business, and a description of the special event or activity conducted therein. There is no required application fee for Special Events, except as provided user (a) hereunder. A certificate of insurance is required by all applicants, naming the Village of Bloomfield, its employees and agents, as additionally insured.

(a) A separate application, together with a user fee, as set from time to time by the Village Board, for the use of the Community Room is required for use of the municipal center indoor facilities. Users shall reimburse the Village for any costs related to damages to public facilities or contents thereof.

12.08 TEMPORARY FIREWORKS SELLERS LICENSED

(1) REQUIRED. No person or entity shall sell fireworks in the Village without first obtaining a license from the Village Board.

(2) APPLICATION PROCEDURE. The applicant, being the owner, controlling partner, or other representative of trade, business, or other entity, shall complete a Fireworks Seller application form provided by the Village of Bloomfield Clerk, and shall return the completed form to the Village of Bloomfield Clerk, together with a copy of a map showing the location and layout of the enclosure, traffic, and parking. The application form shall contain at a minimum the physical location and mailing address of the trade or business, and the tax parcel number of the proposed location of the temporary facility.

(3) APPLICATION FEE. There shall be a non-refundable $150 application fee.

(4) ZONING APPROVAL REQUIRED. The initial license and renewal applications with any changes to the location, traffic or parking shall require Zoning Administrator approval. A separate fee as determined by the Chapter 27 Zoning Code shall be submitted together with an application form prescribed by the Zoning Administrator. All recommendations by the Zoning Administrator shall be incorporated as a condition to the Village Board’s decision to grant a license.

(5) FIRE DEPARMENT APPROVAL REQUIRED. There shall be a separate review by the Fire Department. All recommendations by the Fire Department shall be incorporated as a condition to the Village Board’s decision to grant a license. The applicant shall be required to pay the Bloomfield Genoa City Fire Department directly for any required stand-by units for the public health, safety and welfare of the Village and the participants of the event.

(6) POLICE DEPARMENT APPROVAL REQUIRED. There shall be a separate review by the Police Department. All recommendations by the Police Department shall be incorporated as a condition to the Village Board’s decision to grant a license. The applicant shall be required to reimburse the Village directly for any required stand-by units in the best interests of the municipality.

(7) CERTIFICATE OF INSURANCE REQUIRED. A certificate of insurance is required by all applicants, naming the Village of Bloomfield, its employees and agents, as additionally insured.

(8) LICENSES LIMITED. There shall be a municipal limit of three (3) licenses granted for any season. Renewal applicants will be preferred over new applicants in the event of multiple applications.

(9) REVOCATION OR SUSPENSION.

(a) Any license granted under the provisions of this section shall be subject to revocation or suspension for cause by the Village Board upon complaint filed with the Village Clerk, signed by any law enforcement officer, health officer or building inspector, after a public hearing upon such complaint.

(b) A licensee shall be deemed liable for revocation or suspension if the licensee violates any of the regulations and standards of license or conditions set forth in this section, or if the licensee fails to pay the license or permit fees herein set forth.

12.09 OTHER LICENSES AND PERMITS. This chapter does not include license, permit, and application fees as forth in other chapters of the Municipal Code, all of which shall be fully enforced as provided in those chapters.

12.10 SUSPENSION, REVOCATIONS AND DISCONTINUED USE OR NON- USE OF LICENSE. Suspension, revocation and non-renewal of any license shall be in accordance with Sec. 125.12 Wis. Stats.

12.11 PENALITIES. In addition to the suspension or revocation of any license issued under this Chapter, any violation of this Chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 25.04 of this Municipal Code.

CHAPTER 13 RECYCLING ORDINANCE

13.01 Title 13.02 Purpose 13.03 Statutory Authority 13.04 Abrogation and Greater Restriction 13.05 Interpretation 13.06 Severability 13.07 Applicability 13.08 Definitions 13.09 Separation of Recyclable Materials 13.10 Separation Requirements Exempted 13.11 Care of Separated Recyclable Materials 13.12 Management of Lead Acid Batteries, Major Appliances, Waste Oil, Tires and Yard Waste 13.13 Management of Recyclable Materials Not Picked up by the Village of Bloomfield Recycling Program 13.14 Preparation and Collection of Recyclable Materials - Single Family and Two to Four Unit Residences 13.15 Preparation and Collection of Recyclable Materials - Multi-Family Dwelling Units 13.16 Responsibility of Owners or Designated Agents of Non-Residential Facilities and Properties 13.17 Enforcement

Chapter 13 Board Action Adopted December 20, 2011 as part of Village Incorporation

13.01 TITLE

This chapter shall be the Recycling Ordinance for the Village of Bloomfield.

13.02 PURPOSE

The purpose of this Chapter is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in Sec. 287.11, Wis. Stats., and Chapter NR 544 of the Wisconsin Administrative Code.

13.03 STATUTORY AUTHORITY

This Chapter is adopted pursuant to Sec. 287.09(3)(b).

13.04 ABROGATION AND GREATER RESTRICTION

It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to the law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall apply.

13.05 INTERPRETATION

In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this Chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where provision of this Chapter is required by Wisconsin Statutes, or by a standard in Chapter NR 544 of the Wisconsin Administrative Code, and where the Chapter provision is unclear, the provision shall be interpreted in light of Wisconsin Statutes and the Chapter NR 544 standards in effects at the time of the interpretation.

13.06 SEVERABILITY

Should any provision of this Chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected.

2 13.07 APPLICABILITY

The requirements of this Chapter shall apply to all persons, businesses and other legal entities within the Village limits of the Village of Bloomfield, State of Wisconsin.

13.08 DEFINITIONS

For the purposes of this Chapter, the words and phrases used herein shall be defined in section 287.01, Wis. Stats., or as defined hereinafter.

(1) “Aluminum container” means all aluminum food or beverage cans.

(2) “Bi-metal or tin container” means a container for carbonated or malt beverages, soup, vegetable or juice can that is primarily of a combination of steel and aluminum.

(3) “Corrugated cardboard” means corrugated paper board or cardboard used in manufacturing of shipping containers and related products.

(4) “HDPE” means high-density polyethylene, labeled by SPI code number 2.

(5) “LDPE” means low-density polyethylene, labeled by SPI code number 4.

(6) “Lead-acid batteries” means automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry- cell (flashlight) batteries, or batteries used in calculators, hearing aids or similar devices.

(7) “Magazines” mean magazine or other printed materials of similar paper.

(8) “Major appliances” means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, water heater, garbage compactor, refrigerator, water softener, furnaces, boilers, dehumidifiers, or stove.

(9) “Furniture” means a couch/sofa/loveseat, chair, table, mattress, dresser or other such furnishing made from recyclable materials.

3 (10) “Multi-family dwelling” means a property containing five or more residential units, including those which are occupied seasonally.

(11) “Newspaper and Office paper” means newspaper, printed newsprint, glossy inserts, catalogs, mail circulars, phone books, paperback books, cereal boxes, envelopes, writing paper, wrapping paper, etc.

(12) “Non-residential facilities and properties” means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multi- family dwellings.

(13) “Other resins or multiple resins” mean plastic resins labeled by the SPI code number 7.

(14) “Person” includes any individual, corporation, partnership, association, local unit, State agency or other legal entity as recognized under statute.

(15) “PETE” means polyethylene teraphthalate, labeled by FBI code number 1.

(16) “Plastic container” means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack that is originally used to contain a product that is the subject of a retail sale. Number 1 – PETE Number 2 – HDPE Number 3 – PVC Number 4 – LDPE Number 5 – PP Number 6 – PS Number 7 – Mixed or other resin types

(17) “Post-consumer waste” means solid waste other than solid waste generated in the production of goods, hazardous waste as defined in Sec. 144.65(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high volume industrial waste as defined in Sec. 144.44(7)(a))1. Wis. Stats.

(18) “PP” means polypropylene labeled by SPI code number 5.

(19) “PS” means polystyrene labeled by SPI code number 6.

4 (20) “PVC” means polyvinyl chloride labeled by SPI code number 3.

(21) “Glass” means clear, brown or green bottles or jars. No window glass, light bulbs, TV tubes, drinking glasses, etc.

(22) “Recyclable material” includes lead acid batteries; major appliances; waste oil; aluminum containers; corrugated paper or other major container board; foam polystyrene packaging (PS) paper; rigid plastic containers, including those made with PETE, HDPE, PVC, LDPE, PP and PS; steel containers, waste tires, furniture, glass and bi-metal/tin containers.

(23) “Waste tire” means a tire which is no longer suitable for its original purpose because of wear, damage or defect.

13.09 SEPARATION OF RECYCLABLE MATERIALS

Occupants of single family and two to four unit residences, multi-family dwellings and non-residential facilities and properties shall separate the following materials from post- consumer waste:

(1) Aluminum containers (2) Bi-metal/ tin containers (3) Corrugated paper or other container board (4) Foam polystyrene packaging (5) Glass containers (6) Magazines (7) Newspaper (8) Office paper (9) Rigid plastic containers made of PETE and HDPE (classified as number 1 and number 2, respectively), and other resins or multiple resin (classified as number 7). (10) Steel containers (11) Furniture (12) Lead Acid batteries (13) Major appliances (14) Waste oil (15) Waste tires

13.10 SEPARATION REQUIREMENTS EXEMPTED

The following requirements of Section 13.09 shall not apply to the following:

5 (1) Occupants of single family and two to four unit residences, multi-family dwellings and non-residential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 13.09 from solid waste in as pure a form as is technically feasible.

(2) Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(3) Persons that have received a variance pursuant to Sec. 287.11(2)(m) Wis. Stats., or Sec. NR 544.14, Wis. Admin. Code.

13.11 CARE OF SEPARATED RECYCLABLE MATERIAL

To the greatest extent practicable, the recyclable material separated in accordance with Sec. 13.09 shall be clean and kept free of contaminates such as food or product residue, oil or grease, or other non-recyclable material, including but not limited to household hazardous waste, medical waste and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.

13.12 MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL, TIRES AND FURNITURE

Occupants of single family and two to four unit residences, multi-family dwellings and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, waste tires and furniture as follows:

(1) Lead Acid Batteries. Lead acid batteries will be accepted for recycling if placed on top or left alongside the recycling container when the recycling is left for pickup.

(2) Major Appliances and Furniture. Major appliances and furniture will not be accepted by the Village of Bloomfield with regular pickup unless arrangements are made with the contracted waste carrier company prior to pickup.

(3) Waste Oil and Tires. Only common waste oil and tires shall be collected along with all other recyclable materials. Only common engine oil will be collected, and must be in a leak- proof, lidded, non-breakable container no larger than one

6 gallon. Two tires will be collected per week, up to eight tires per year, and may be left alongside the recycling container for pickup.

13.13 MANAGEMENT OF RECYCLABLE MATERIALS NOT PICKED UP BY THE VILLAGE OF BLOOMFIELD RECYCLING PROGRAM

All persons, businesses and other legal entities within the Village limits of the Village of Bloomfield, State of Wisconsin, are encouraged to recycle the following materials through Walworth County’s recovery programs:

(1) Pharmaceutical bottles not labeled with a recycling symbol.

(2) Computer, cell phones, electronic and television equipment.

(3) Dry cell, nickel cadmium and lithium type batteries.

(4) Household cleaners, solvents, pesticides, paint and chemicals.

13.14 PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS – SINGLE FAMILY AND TWO TO FOUR UNIT RESIDENCES

Except as otherwise directed by the appropriate Village officials, occupants of single family and two to four unit residences shall prepare recyclable materials for collections as follows:

(1) Citizen’s of the Village of Bloomfield who reside in a one to four family residential unit have been or shall be provided authorized recycling containers per unit. All recyclable materials shall be prepared and collected as set forth below. Except as otherwise stated, all recyclable materials shall be commingled in said container. Such container shall be placed at the curb no later that 6:00 a.m. on the designated day for pickup in the area. Empty containers shall be removed before 8:00 p.m. on the day of collection. Recyclables that have been scattered by wind, animals, vandals or the like shall be the responsibility of the resident to retrieve properly.

(2) Food containers shall be thoroughly cleaned or rinsed and placed in recycling containers for collection.

7 (3) Corrugated paper or other container board shall be free from debris and broken down.

(4) Glass bottles and jars shall be cleaned and rinsed, and the item shall be placed, unbroken, in the recycling container for collection. No window glass, light bulbs, TV tubes or similar items will be collected.

(5) Newspapers, magazines, and office paper including glossy inserts, catalogs, mail circulars, phone books, paperback books, cereal boxes and envelopes shall be placed in the recycling container.

13.15 PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS – MULTI-FAMILY DWELLING UNITS

Owners or designated agents of multi-family dwelling units shall perform the following to recycle the material specified in this chapter:

(1) Provide adequate, separate containers for the recyclable materials.

(2) Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter of the established recycling program, and thereafter of any changes in the recycling program.

(3) Provide for the collection of materials separated from the solid waste and transportation of the materials to a recycling facility.

(4) Notify tenants which materials are collected, how to prepare the materials in order to meet the processing requirements and collections methods and/or sites, location and hours of operation, and a contact person or company including a name, address and telephone number.

(5) The requirements specified above do not apply to owners or designated agents of multi-family dwellings if the post- consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers, for recycling, the materials specified in this chapter from solid waste in as pure a form as technically feasible.

8 13.16 RESPONSIBILITY OF OWNERS OR DESIGNATED AGENTS OF NON- RESIDENTIAL FACILITIES AND PROPERTIES

Owners or designated agents of non-residential facilities and properties shall perform the following to recycle the materials specified in this chapter:

(a) Provide adequate, separate containers for the recyclable materials.

(b) Provide in writing, at least semi-annually, all users, tenants and occupants about the recycling program, and thereafter any changes that may occur in the program.

(c) Provide for the collection of materials separated from the solid waste by the users, tenants and occupants, and the transportation of the material to the recycling facility.

(d) Provide users, tenants and occupants which materials are collected, how to prepare the materials in order to meet the processing requirements and collections methods and/or sites, location and hours of operation, and a contact person or company including a name, address and telephone number.

(e) The requirements specified above do not apply to the owners or designated agents of non-residential facilities and properties if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers, for recycling, the materials specified in this chapter from solid waste in as pure a form as technically feasible.

13.17 ENFORCEMENT

(1) For the purposes of ascertaining compliance with the provisions of this Chapter, any authorized Village employee may inspect recyclable materials separated for recycling, post- consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multi- family dwellings and non-residential facilities and properties, and any records related to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized Village employee who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.

(2) Any person who violates a provision of this Chapter may be issued a citation by the Village of Bloomfield. The issuance of a citation shall not preclude proceeding under any other section of the Village of Bloomfield Municipal Code, or law relating to the same or any other matter. Proceeding under any other ordinance relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

(3) Any person who violates any part of this Chapter shall be required to pay a forfeiture of $50.00 plus costs for the first violation, $200.00 plus costs for a second violation, and not more than $2,000.00 plus costs for a third or subsequent violation.

10 CHAPTER 14 RESERVED

CHAPTER 15 RESERVED

CHAPTER 16 CABLE COMMUNICATION SYSTEM FRANCHISE

16.01 Definitions 16.02 Grant of Authority 16.03 Conditions of Franchise 16.04 Transfer or Sale of Cable Television System 16.05 Franchise Term, Review and Renewal 16.06 Responsibilities Upon Termination or Expiration 16.07 Rates 16.08 Termination of Franchise 16.09 Franchise Fee 16.10 Broadband Cable Communications Service 16.11 Compliant Procedure 16.12 Liability and Indemnification 16.13 Construction and Network Technical Standards and Measurements 16.14 Additional Requirements 16.15 Subscriber Privacy 16.16 Switching Device and Channel Lock 16.17 Penalties 16.18 Government Connections 16.19 Village's Right of Intervention 16.20 Preferential or Discriminatory Practices 16.21 Prohibited Severability 16.22 Franchise Grant 16.23 Service 16.24 Notice, Miscellaneous

Chapter 16 Board Action

Adopted December 20, 2011 as part of Village Incorporation

16.01 DEFINITIONS. In Chapter 16 of the Municipal Code of the Village of Bloomfield, the following words and phrases have the designated meanings:

(1) ADDITIONAL AND AUXILIARY SERVICE shall mean service other than service provided by the Grantee to the subscriber on a monthly basis and for which the subscriber pays a set fee.

(2) BASIC SERVICE means those audio and visual signals carried on the service tier of the Cable System which includes local off-air television signals. Basic Service shall not include any other tier of service or any premium or pay-per- view channels or services.

(3) BROADBAND TELECOMMUNICATIONS NETWORK (BTN) hereinafter referred to as "System" shall mean any network of cables, optical, electrical, or electronic equipment, including cable television systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligence, either analog or digital for sale or use by the inhabitants of the Village of Bloomfield.

(4) CABLE ACT means the Cable Communications Policy Act of 1984, P.L. 98-549, 47 U.S.C. §521 Supp., as it may be amended or superseded.

(5) CABLE SERVICE shall mean (1) the one-way transmission to Subscribers of (a) video programming, or (b) other programming service, and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(6) CABLE SYSTEM or SYSTEM means a system of antennas, cables, wires, lines, towers, microwaves, waveguides, laser beams or any other conductors, converters, equipment or facilities designed, constructed, or operated for the purpose of producing, receiving, amplifying, modifying and distributing audio, video, and other forms of communication or electronic signals for the purpose of providing Cable Services to and from residential and business subscribers and locations within the jurisdictional limits of the Grantor.

(7) COMMENCE OPERATION shall mean that the operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of cable service to at least twenty-five (25%)of the dwelling units located within the designated “service area”.

(8) DISCRETE CABLE TELEVISION CHANNEL a signaling path provided by a cable television system to transmit signals of any type to specified subscriber terminals with the cable television system.

(9) FCC shall mean the Federal Communication Commission and any legally appointed or elected successor.

(10) FRANCHISE means the authorization granted hereunder of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a Cable System within the jurisdictional limits of the Grantor.

(11) FRANCHISE AREA (service area) shall mean the Village of Bloomfield or the areas within the limits of the Village of Bloomfield.

(12) FRANCHISE PAYMENT shall include all charges imposed for a franchise whether the object be regulation, revenue or one time reimbursement of costs incurred by the Village of Bloomfield in the award of this franchise.

(13) GRANTEE shall mean any persons, firm, company, corporation or association to whom a franchise is granted by the Village Board of the Village of Bloomfield hereunder and the lawful successor or assigns of such persons, firm, company corporation or association.

(14) GRANTOR means the Village of Bloomfield, Wisconsin.

(15) GROSS SUBSCRIBER REVENUE shall mean any and all compensation for cable television service provided to the subscriber including pay television service, but excluding any and all tax on said revenue including sales tax.

(16) REASONABLE NOTICE shall mean provision of notice of the contemplated action delivered at 72 hours prior to such legal action.

(17) STREET shall include all streets, roadways, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the Village which have been or may hereafter be dedicated and open to the public use, or such other public property as designated by law.

(18) SUBSCRIBER is a purchaser of any service delivered by Grantee pursuant to this franchise, and "subscriber" shall also include all persons who are not required to pay any fee, but receive any service delivered by Grantee pursuant to this franchise.

(19) SUBSTANTIALLY COMPLETED operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of "full network service" to at least seventy-five(75%) percent of the dwelling units reasonably in the "franchise area". (20) VILLAGE shall mean the Village of Bloomfield or the area within the limits of the Village of Bloomfield.

(21) VILLAGE BOARD (Board) shall mean the Village Board for the Village of Bloomfield and any legally appointed or elected successor or agency thereof.

Established May 3, 2004, Ordinance No. 1010

16.02 GRANT OF AUTHORITY

(1) The franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, across, over and under streets, (as defined in Section 16.01(17) herein) which have been or may hereafter be dedicated and open to public use in the Village, towers antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of Broadband Telecommunication Network in the Village of Bloomfield utilizing wherever possible existing facilities with the right upon application to the designated Village Official, to set poles or other equipment on facilities constructed by applicant. Said designated village official will not unreasonably refuse permission for said construction. However, a non-proliferation of poles policy for aesthetic purposes shall be considered.

(2) The Village shall require all developers of future subdivisions, when making provisions for or restrictions of utilities in the subdivision plat to include cable television services. It is intended by this paragraph to include cable television services in the same class of public utilities.

Established May 3, 2004, Ordinance No. 1010

16.03 CONDITIONS OF FRANCHISE. The Grantee shall be subject to the following restrictions and conditions with regard to the operation of the System, which conditions and restrictions shall be in addition to any other subsections of this Section or other Sections of the Municipal Code.

(1) Cables, wires and other equipment in connection with such System shall only be installed and operated on or under the public Rights-of-Way upon the poles, or in underground conduit and equipment of the existing utilities within the Village and their successors, or assigns, where conduits exist and where space for installed conduits is available. Installation of any additional poles, conduit or other equipment for the installation of cables, wires, and other overhead equipment and underground equipment in Public Rights-of Way in connection with the said System shall be subject to the authorization of the Village Board or its designated representative. In reaching a decision as to such additional poles or equipment, the suggestions, if any, of the utility companies servicing or planning to serve such area may be considered. Underground installations shall always be preferred. However, the Grantee may construct its plant aerial so long as there is one utility aerial.

(2) Such wires, cables and other underground or overhead equipment shall be located as may be required of telephone companies or power lines by the Public Service Commission of Wisconsin. All equipment shall be grounded in the manner as required by the State of Wisconsin Electrical Code for electrical services existing on the date of installation of any equipment.

(3) The Grantee shall pay all costs incurred by the Village of Bloomfield in the event of the necessity of restoration of the Public Rights-of-Way as a result of the Grantee's construction of its System or its operation. The Grantee and the Village shall coordinate the restoration of the Public Rights-of-Way if it becomes necessary for the Grantee to open or otherwise disturb said Public Right-of-Way.

(4) The Grantee shall, at its own expense, protect, support, temporarily or permanently disconnect, relocate in the same Public Right-of-Way, any property owned or used by the Grantee if required by the Village of Bloomfield for reasons of traffic conditions, public safety, street vacation, freeway and street construction change or establishment of a street grade, installation of sewers, drains, water pipes, power lines and tracts or any other type of structures or improvements by governmental agencies when acting in a governmental capacity. The Village shall provide the Grantee notice of its intention to make changes which might otherwise cause Grantee expense pursuant to this paragraph and the Grantee shall have an opportunity to comment.

(5) The Grantee shall, upon the request of any person holding a building moving permit issued by the Village, temporarily raise or lower its lines or disconnect or take them down to permit the moving of buildings. The expense of such removal, raising or lowering of the wires shall be paid by the person requesting the same, and the Grantee shall be given not less than three (3) working days advance notice to arrange for such temporary wire changes.

(6) All installations by the Grantee of cables and incidental equipment shall comply in all respects with all laws, ordinances, rules and regulations of the Federal Communications Commission, the State of Wisconsin or any agency or department thereof, and of the Village or any agency or department thereof, now or hereafter in effect.

(7) The Grantee shall provide and maintain its equipment in such condition and of such quality so that none of its service will adversely affect radio and television reception.

(8) Installation and maintenance of equipment shall be such that standard color signals shall be transmitted with reasonable and acceptable fidelity to all subscribers.

(9) The Grantee shall not directly or indirectly require or solicit of any subscriber the patronage of any designated person or company engaged in the servicing sale or repair of television receivers. The foregoing shall not apply to the repair or adjustment of equipment which is in part of the System of the Grantee.

(10) The Grantee shall submit to inspections by duly authorized personnel of the Village and shall make available to such inspectors or duly authorized personnel its facilities and equipment wherever situated. The Village reserves the right to enact reasonable regulations regarding the installation and maintenance of the facilities of the Grantee. The Grantee will be offered the option of providing security and fire alarm service if, or when the Village deems it necessary.

(11) The Village shall have the right, during the life of this franchise, free of charge, to install and maintain upon the fixtures and conduits of the Grantee within the Village limits wires and appropriate attachments necessary for a security and fire alarm system. Such wires and fixtures shall be constructed and maintained to the satisfaction of the Grantee and in accordance with its specifications.

(12) The Village, in its use and maintenance of such wires and attachments shall at all times comply with the rules and regulations of the Grantee so that there may be a minimum danger of contact or conflict between the wires and fixtures of the Grantee and the wires and attachments of the Village.

(13) The Grantee shall have the authority to trim trees upon and overhanging Public Right-of-Way of the Village so as to prevent the branches of such trees from corning in contact with the wires and cab1es of the Grantee, except that at the option of the Village, such trimming may be done by it or under its supervision and direction.

Established May 3, 2004, Ordinance No. 1010

16.04 TRANSFER OR SALE OF CABLE 1'ELEVISION. This franchise may be transferred, assigned or sold only with the written consent of the Village Board and approved only if the transferee, assignee or purchaser agrees in writing to be subject to all the terms and conditions of this ordinance. The franchise shall notify the Village Board at least thirty (30) days before a proposed transfer, assignment, or sale is to take effect. Such notice must be in the form of a written request to the Village Clerk, stating the reasons why such an assignment is necessary and/or advisable and detailing the expected changes in the operation of the System. Information regarding the legal, character, financial, technical, and other qualifications of the party or parties to whom the franchise is to be transferred, assigned, or sold or by whom the same is to be operated shall also be provided. This Section shall apply to any transfer, assignment, of sale of greater than twenty-five(25%) percent of the ownership, operation, or management of the franchise. The Village Board shall not withhold approval or consent regarding the transfer, assignment or sale, without cause and unless it is shown that the operation or management of the System will be affected to the detriment of the public by approving said transfer, assignment or sale. This provision shall not apply to either the mortgage or hypothecation of the System in respect to any mortgages or the remedies therein.

Established May 3, 2004, Ordinance No. 1010

16.05 FRANCHISE TERM, REVIEW AND RENEWAL.

(1) The term of this franchise shall be for a period of twelve (12) years and shall be in full force and effect for said term subject to the provisions of this ordinance.

(2) Every two (2) years, prior to the expiration of this franchise, during the month of January, at a regular or special Village Board meeting, the Village and the Grantee, at either party's option, may meet to discuss application of new technologies, system performances, services provided, programming offered, customer complaints, and judicial and FCC rulings affecting the operation of the System. The parties shall compare the services offered by Grantee to those of other stand-alone systems in similar market situations, and if appropriate, the parties may renegotiate any of the above provisions, provided that such changes do not adversely affect economic viability of the franchise or adversely affect programming and maintenance services to the subscribers.

(3) At the tenth (10) year of the franchise, or if mutually agreed by the Village and the Grantee during one of the review and renegotiations described in Paragraph(2) above, the Village of Bloomfield and the Grantee shall consider extension of this franchise for fifteen additional years. The purpose of this provision is to allow for maximum flexibility in the financial planning on the part of the Grantee, and for the Village in anticipating future services. It is further the purpose of this provision to encourage the Village to examine the Grantee's performance and to plan for the future in providing cable television service as well as to reward the satisfactory performance of the Grantee. The Village may at any time reward the Grantee for satisfactory performance by the extension of the franchise for five(5) year increments. This authority is granted so as to provide incentive to the Grantee for satisfactory performance and maximum service.

(4) The Franchise grant to Charter Communication Partners, LLC. shall expire June 14, 2016.

Established May 3, 2004, Ordinance No. 1010

16.06 RESPONSIBILITIES UPON TERMINATION OR EXPIRATION. Should the Grantee's franchise be terminated or expire and there is no judicial or administrative review of the termination or expiration taking place, the Grantee shall begin removal within ninety (90) days of termination or expiration all property owned by Grantee and placed on a Public Right-of-Way unless permitted by the Village to abandon said property in place or transfer said property to a purchaser.

Established May 3, 2004, Ordinance No. 1010

16.07 RATES. In the event of a rate increase of the basic service, the Grantee shall provide the subscribers a thirty (30) day notice of such increase. Said Notice shall be forwarded to the Village Clerk of the Village of Bloomfield, with supporting date for said increase.

Established May 3, 2004, Ordinance No. 1010

16.08 TERMINATION OF FRANCHISE

(1)The Village reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated therewith in the event of noncompliance by the Grantee with any material provisions of this Ordinance.

(2) Prior to revocation or termination of the Franchise, the Franchising Authority shall give written notice to the Grantee of its intent to revoke the Franchise. The notice may specify the purpose of the revocation or termination. The Grantee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Village has not received a satisfactory response from Grantee, it may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise, in compliance with the open meeting laws.

(3) At the hearing, the Village shall give the Grantee an opportunity to state its position on the matter present evidence and question witnesses, after which the Village shall determine whether or not the Franchise shall be revoked. Public hearing shall be on the record. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Village upon a certiorari review.

Established May 3, 2004, Ordinance No. 1010

16.09 FRANCHISE FEE.

(1) Grantee shall pay to the Grantor, within sixty (60) days after each calendar quarter ends, an amount equal to five percent (5%) of the Gross Revenues for such calendar quarter.

(2) Each year during which the Franchise is in force, Grantee shall file with the Grantor no later than ninety (90) days after the end of each calendar quarter a financial statement showing total Gross Revenues derived from the Cable System during such quarter. The Grantor shall have the right to review the previous year's books of the Grantee to ensure proper payment of the fees payable hereunder. The Grantor shall bear the expense of review unless it is determined there has been an underpayment of more than five percent (5%), in which case the Grantee shall bear such expense of the entire review.

Established May 3, 2004, Ordinance No. 1010

16.10 BROADBAND CABLE COMMUNICATIONS SERVICE.

(1) The Cable Communications System permitted to be installed and operated hereunder shall be operated on conformance with the FCC's Technical Standards 47 C.F.R.ss76.601 et. seq. (2) The Grantee shall continue, throughout the term of the franchise, to maintain the technical standards and quality of service set forth in this Section. Should the Village Board reasonably find, by Resolution, that the Grantee has failed to maintain these technical standards and quality of service, and should it be by Resolution it shall specifically enumerate improvements to be made; then the Grantee shall make such improvements.

(3) The Cable System shall carry and deliver to all subscribers all of the signals as provided in the Grantee's application.

Established May 3, 2004, Ordinance No. 1010

16.11 COMPLAINT PROCEDURE. Grantee shall investigate all complaints within twenty-four (24) hours of their receipt and shall in good faith attempt: to resolve them within forty- eight(48) hours after notice. Grantee shall maintain a record of each complaint and shall maintain said record for a period of two(2) years. Said record shall be available to the Village upon reasonable notice for review. Established May 3, 2004, Ordinance No. 1010

16.12 LIABILITY AND INDEMNIFICATION.

(1) The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the franchise, a general comprehensive liability insurance policy against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of Grantee under any franchise granted hereunder, in the amounts of (a) $1,000,000.00 for bodily harm or death to any one person, within the limit, $2,000,000.00 aggregate for general liability insurance, and (b) $1,000,000.00 for property damage resulting from any one accident.

(2) It shall be expressly understood and agreed by and between the Village and any grantee hereunder that the Grantee shall save the Village and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney's fees sustained by the Village on account of any suit judgment, execution, claim or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation or maintenance of the Broadband Telecommunications Network authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this Ordinance and any franchise granted hereunder. This provision shall not apply to acts of the Village, its agents or employees. (3) The insurance policies mentioned in Subsection (1) above shall be obtained from the same company and shall contain an endorsement stating that the policies are extended to cover the liability assumed by the Grantee under the terms of this Ordinance and shall contain the following endorsement:

(a) "It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until thirty(30) days after such receipt by the Village Clerk by registered mail of a written notice of such intent to cancel or reduce the coverage."

(4) The Grantee shall maintain, and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the franchise a faithful performance bond running to the village in the penal sum of $25,000.00 conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of this Ordinance and any franchise granted hereunder and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the Village as liquidated damages. The bond shall contain the following endorsement:

(a) "It is hereby understood and agreed that this bond may not be cancelled nor the intention not to renew be stated until thirty(30) days after such receipt by the Village Clerk of the Village of Delavan, Wisconsin, by registered mail a written notice of such intent to cancel or not renew."

(5) Upon completion of the construction of the physical plant, the Grantee may petition the Village Board to reduce or eliminate this bond of faithful performance.

Established May 3, 2004, Ordinance No. 1010

16.13 CONSTRUCTION AND NETWORK TECHNICAL STANDARDS AND MEASUREMENTS. The technical standards including measurements of the construction and Systems to be operated in the Village shall comply with the minimum standards established by the Federal Communications Commission.

Established May 3, 2004, Ordinance No. 1010

16.14 ADDITIONAL REQUIREMENTS. The Grantee shall comply with all conditions imposed by Federal Communications Commission and by the State of Wisconsin. Failure to obtain any required licenses or to comply with all such conditions shall be grounds to revoke the franchise under the procedure of Section 16.09 of this Municipal Ordinance without liability assigned to the Village of Bloomfield.

Established May 3, 2004, Ordinance No. 1010

16.15 SUBSCRIBER PRIVACY

(1) Neither the Grantee, the Village, nor any person shall initiate nor use any form, procedure or device for procuring information or data from cable subscribers' terminals by use of the cable System, without prior authorization from each subscriber so affected. Valid authorization shall mean approval from the subscriber for a period of time not to exceed one (1) year and shall not have been obtained from the subscriber as a condition of service.

(2) The Village or a Grantee or any person shall not without prior written valid authorization from the Village Board, provide any data identifying designated subscribers. Established May 3, 2004, Ordinance No. 1010

16.16 SWITCHING DEVICE AND CHANNEL LOCK.

(1) The Grantee shall make available switching devices as are necessary to permit a subscriber to use the subscriber's own antenna. Grantee shall also provide a channel lock to enable the subscriber to control viewing. The Grantee may charge for such devices.

(2) Subscriber has the option of providing subscriber's own switching device at no charge. Such switching device must meet the specifications of the Grantee.

Established May 3, 2004, Ordinance No. 1010

16.17 PENALTIES. In addition to the procedures specified in Section 16.19 the following shall be in effect:

(1) After notice and hearing the Village may fine the Grantee if fails to provide the service specified in this Chapter, or any applicable government regulation. Grantee is not responsible for failure to provide adequate service which is caused by acts of God, strikes, governmental or military action, or other conditions beyond its control.

(2) Upon interruption of service, except for acts of God, strikes, governmental or military action, or with express prior permission of the Village, the following shall apply:

(a) Over forty-eight (48) and less than seventy-two (72) hours, a ten percent (10%) rebate of one month’s fees for all affected subscribers.

(b) Over seventy two (72) hours, a twenty percent (20%) rebate of one month's fees for all affected subscribers.

(3) If Grantee violates any provision of this Chapter, it shall forfeit together with the costs of prosecution, a sum not less than $50.00 nor more than $500.00 for each violation.

Established May 3, 2004, Ordinance No. 1010

16.18 GOVERNMENT CONNECTIONS. The Grantee shall provide a free one-time connection to the below listed governmental building and/or facilities, along with free internet service for the life of its franchise. The franchising authority shall pay for all wiring within said building or facilities in excess of two hookups. This includes two internet modems with internet service. This list may be changed from time to time as the parties may agree and the circumstances change. This list shall include:

Village Hall Police Department

Established May 3, 2004, Ordinance No. 1010

16.19 VILLAGE'S RIGHT OF INTERVENTION. The Village shall have the right to intervene and the Grantee specifically agrees by his acceptance of a franchise hereunder not to oppose such intervention by the Village in any suit or proceeding to which the Grantee is a party.

Established May 3, 2004, Ordinance No. 1010

16.20 PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. Grantee shall not, as to rates, charges, service, service facilities, rules, regulations, employment, or in any other respect, make or grant any undue preference or advantage to any party, nor subject any party to any unlawful prejudice or disadvantage.

Established May 3, 2004, Ordinance No. 1010

16.21 SEVERABILITY. If any subsection, sentence, clause or phrase of this Section is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of this Ordinance as a whole, and any portions in conflict are hereby repealed. However, in the event that the Federal Communications Commission declares any subsection invalid, then such subsection or subsections shall be renegotiated by the Village of Bloomfield and the Grantee.

Established May 3, 2004, Ordinance No. 1010

16.22 NON EXCLUSIVE FRANCHISE GRANT. The cable television franchise, pursuant to this Ordinance is hereby granted to Charter Cable Partners, LLC (CC Partners). All of the terms, provisions and statements contained in their application, including the response and supplement submitted by Charter Cable Partners, LLC (CC Partners) is incorporated herein reference and Charter Cable Partners, LLC (CC Partners) shall be bound to said statements and promises.

Established May 3, 2004, Ordinance No. 1010 16.23 SERVICE

(1) Grantee shall provide to its Subscribers broad categories of video programming services.

(2) Grantee shall extend the Cable System to new developments within the jurisdictional limits of the Grantor, subject to a minimum density requirement of thirty (30) homes per linear mile.

(3) Grantee shall provide Basic Service and one free outlet to each of the public facilities located within one hundred twenty-five (125) feet of points on existing service lines of the Grantee from where service can be provided and within the jurisdictional limits of the Grantor. Such public facilities shall include municipal buildings used solely for municipal purposes and all public and private schools. No monthly service fee shall be charged for such outlet. Grantee shall provide Basic Service to new construction hereafter for similar public facilities; provided they are within one hundred twenty-five (125) feet of the existing service lines of Grantee.

Established May 3, 2004, Ordinance No. 1010

16.24 NOTICES, MISCELLANEOUS

(1) Notices served upon the Grantor shall be delivered or sent by certified mail, return receipt requested, to:

Village Clerk Village of Bloomfield P.O. Box 609 Pell Lake, WI 53157 and notices served upon Grantee shall be delivered or sent by certified mail, return receipt requested, to:

Charter Communications 5618 Odana Road Madison, WI 53719 Attention: Vice President of Operations With a copy to: Charter Communications 12405 Powerscourt Drive St. Louis, MO 63131

(2) All provisions of this Ordinance shall apply to the respective parties, their successors and assigns.

Established May 3, 2004, Ordinance No. 1010

CHAPTER 17 RESERVED

CHAPTER 18 LAND DIVISION ORDINANCE

Appendix A Design Standards B Draft Developer’s Agreement

Chapter 18 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised September 9, 2013, Ordinance No. 2013-O-09

1 18.01 INTRODUCTION

(1) AUTHORITY. These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin Statutes. Therefore, the VILLAGE Board of Supervisors of the VILLAGE of Bloomfield, Wisconsin, do ordain as follows:

(2) PURPOSE. The purpose of this Chapter is to regulate and control the division of land, condominium development and planned development within the limits of the VILLAGE of Bloomfield, Wisconsin, in order to promote the public health, safety, morals, prosperity, aesthetics, and general welfare of the VILLAGE and its environs.

(3) INTENT. It is the general intent of this Chapter to regulate the division of land so as to:

(a) Obtain the wise use, conservation, protection, and proper land development of the VILLAGE's soil, water, wetland, woodland, and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base;

(b) Lessen congestion in the streets and highways;

(d) Secure safety from fire, panic, and other dangers;

(e) Provide adequate light and air;

(f) Facilitate adequate provision for housing, transportation, water supply, storm water, wastewater, schools, parks, playgrounds, and other public facilities and services;

(g) Secure safety from flooding, water pollution, disease, and other hazards;

(h) Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control project;

(i) Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters;

(j) Preserve natural vegetation and cover and promote the natural beauty of the VILLAGE;

(k) Restrict building sites on floodlands, shorelands, areas covered by poor soils or in other areas poorly suited for development;

2 (l) Facilitate the further division of larger tracts into smaller parcels of land;

(m) Ensure adequate legal description and proper survey monumentation of subdivided land;

(n) Provide for the administration and enforcement of this Chapter;

(o) Provide penalties for its violation; and

(p) Implement those municipal, county, watershed, transportation, or regional comprehensive plans or their components adopted by the VILLAGE, and in general to facilitate enforcement of VILLAGE development standards as set forth in the adopted regional, county, and local comprehensive plans, neighborhood plans, adopted plan components, zoning ordinance, and VILLAGE Building Code of the VILLAGE of Bloomfield, Wisconsin.

(4) ABROGATION AND GREATER RESTRICTIONS. It is not intended by this Chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to laws. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.

(5) INTERPRETATION. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the VILLAGE and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(6) SEVERABILITY.

(a) If any section, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.

(b) The VILLAGE does not guarantee, warrant, or represent that only those areas designated as floodlands will be subject to periodic inundation and that those soils listed as being unsuited for specific uses are the only unsuited soils within the VILLAGE and thereby asserts that there is no liability on the part of the Board of Supervisors, its agencies, or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this Chapter.

3 (7) REPEAL. All other Chapters or sections of the Municipal Code inconsistent or conflicting with this Chapter, to the extent of the inconsistency only, are hereby repealed.

(8) TITLE. This Chapter shall be known as, referred to, or cited as the "LAND DIVISION ORDINANCE, VILLAGE OF BLOOMFIELD, WALWORTH COUNTY, WISCONSIN".

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.02 GENERAL PROVISIONS.

(1) JURISDICTION. Jurisdiction of these regulations shall include all incorporated lands within the VILLAGE of Bloomfield, Wisconsin. The provisions of this Chapter as it applies to divisions of tracts of land into less than five (5) parcels shall not apply to:

(a) Transfers of interests in land by will or pursuant to court order.

(b) Leases for a term not to exceed 10 years, mortgages, or easements.

(c) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances, or other applicable laws or ordinances.

(d) Cemetery plats made under Wisconsin Statutes 157.07.

(e) Assessors' plats made under Wisconsin Statutes 70.27 but such assessors' plats shall comply with Wisconsin Statutes 236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e).

(2) COMPLIANCE. No person, firm, or corporation shall divide any land located within the jurisdictional limits of these regulations so that such division results in a condominium, planned development, subdivision, minor land division, or replat as defined herein, and no such condominium, planned development, subdivision, minor land division or replat shall be entitled to recording; and, no street shall be laid out or improvements made to land without compliance with all requirements of this Chapter and the following documents:

(a) Chapters 236 and 703, Wisconsin Statutes.

(b) Rules of the Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by public sewer and provisions for such services have not been made.

(c) Rules of the Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the Subdivider abuts on a state trunk highway or connecting highway.

(d) Rules of the Wisconsin Department of Natural Resources, setting water quality standard preventing and abating pollution, and regulating development within floodland, wetland and shoreland areas.

(e) Duly approved comprehensive plan or comprehensive plan component of the VILLAGE of Bloomfield, Wisconsin, if one exists.

(f) All other applicable local, state and county ordinances and regulations.

(g) The requirements of Chapter 236, Wisconsin Statutes, Section 236.16(2) shall not apply, which relates to minimum street width.

(h) The requirements of Chapter 236, Wisconsin Statutes, Section 236.16(3), shall not apply, which relates to dedication of public access to lakes and streams with respect to a division of land which results in a subdivision, minor subdivision, or replat as defined by this Chapter, but shall be applicable to a division of land which results in a subdivision as defined in Section 236.02(12), Wisconsin Statutes.

(3) DEDICATION AND RESERVATION OF LANDS. Streets, highways, and drainageways: Whenever a tract of land to be divided within the jurisdiction of this Ordinance encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a duly adopted VILLAGE or regional comprehensive plan or comprehensive plan component, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in Section 18.11 of this Chapter.

Whenever a tract of land to be subdivided, developed by condominium or planned development embraces all or any part of a proposed public playground, park, school site, open space site, or other public land, other than streets, highways, drainageways, other public ways or public access to navigable lakes or streams designated in the adopted regional and County comprehensive plans or adopted plan components of Walworth County, or other adopted VILLAGE of Bloomfield plan, these proposed public lands shall be made a part of the plat, condominium or planned development. The subdivider or developer shall reserve such proposed public lands for a period not to exceed three (3) years, unless extended by mutual agreement, for acquisition by the public agency having jurisdiction.

5 Whenever a tract of land to be subdivided, developed as a condominium or planned development embraces any part of existing floodlands, such floodlands shall be made a part of the plat, condominium or planned development. Floodlands included within a subdivision plat shall be included within lots, or reserved for acquisition as provided above, or if approved by the VILLAGE Plan Commission, shall be reserved in perpetuity for the recreational use of the future residents of the land to be divided or developed.

(4) IMPROVEMENTS. Before final approval of any plat, condominium or planned development located within the jurisdictional limits of this Chapter, the subdivider shall install street and utility improvements as hereinafter provided. If such improvements are not installed as required at the time that the final plat or plan is submitted for approval, the subdivider shall, before the recording of the plat, enter into a contract with the VILLAGE agreeing to install the required improvements and shall file with said contract a bond or letter of credit meeting the approval of the VILLAGE Attorney or a certified check in an amount equal to the estimated cost of the improvements--said estimate to be made by the VILLAGE Plan Commission after review and recommendation by the VILLAGE Engineer--as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one (1) year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. In addition:

(a) Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors providing such work shall be subject to the approval of the VILLAGE Board.

(b) Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section.

(c) Survey monuments: Before final approval of any plat within the VILLAGE, the subdivider shall install survey monuments placed in accordance with the requirements of Section 236.15 of the Wisconsin Statutes and as may be required by the VILLAGE Engineer.

(d) The VILLAGE Board may waive the placing of monuments, required under Sec. 236.15(1)(b), (1)(c), and (1)(d), for a reasonable time on condition that the subdivider execute a surety bond to insure the placing of such monuments within the required time limits established by the VILLAGE.

(5) VARIANCES. Where, in the judgment of the VILLAGE Plan Commission, it would be inappropriate to apply literally the provisions of Section 18.11 and Appendix A of this Chapter because exceptional or undue hardship would result, the VILLAGE Plan Commission may waive or modify any requirement to the extent deemed just and proper. No variance 6 to the provisions of this Chapter shall be granted unless the VILLAGE Plan Commission finds by the greater weight of the evidence that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

(a) Exceptional circumstances: There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this Chapter would result in severe hardship. (Such hardship should not apply generally to other properties or be of such a recurrent nature as to suggest that the Land Division Ordinance should be changed).

(b) Preservation of property rights: That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.

(c) Absence of detriment: That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Chapter or the public interest.

A simple majority vote of the entire membership of the VILLAGE Plan Commission shall be required to grant any modification of this Chapter.

(6) LAND SUITABILITY. No land shall be subdivided, developed as a condominium or planned development for any use which is determined to be unsuitable for such use by the VILLAGE Plan Commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision, condominium, or planned development or of the VILLAGE. In addition:

(a) Floodlands: Any lot served by public sanitary sewer facilities shall have more than 50 percent of its required lot area at least 2 feet above the elevation of the 100-year recurrence interval flood. No lot one (1) acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall include floodlands. All lots more than one (1) acre in area served by a septic tank system shall contain not less than 40,000 square feet of land which is above flood protection elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the maximum flood of record.

(b) Lands made, altered, or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by on-site soil absorption sewage disposal systems.

(c) Lands made, altered, or filled with earth within the preceding seven (7) years shall not be divided into building sites 7 which are to be served by on-site soil absorption sewage disposal systems.

(d) Lands having a slope of 12 percent or more shall be maintained in permanent open space use.

(e) Lands having bedrock within six (6) feet of the natural undisturbed surface shall not be divided into building sites to be served by onsite soil absorption sewage disposal systems.

(f) Lands having groundwater within six (6) feet of the natural undisturbed surface shall not be divided into building sites to be served by on-site soil absorption sewage disposal systems.

(g) Lands covered by soils having a percolation rate slower than 60 minutes per inch or faster than 10 minutes per inch shall not be divided into building sites to be served by onsite soil absorption sewage disposal systems.

(h) Lands drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by onsite soil absorption sewage disposal systems.

The VILLAGE Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for any use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if they so desire. Thereafter the VILLAGE Plan Commission may affirm, modify, or withdraw its determination of unsuitability.

(7) VIOLATIONS. It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this Chapter or the Wisconsin Statutes; and no person, firm or corporation shall be issued a building permit by the VILLAGE of Bloomfield authorizing the building on, or improvement of, any subdivision, minor land division, replat, condominium or planned development within the jurisdiction of this Chapter not of record as of the effective date of this Chapter until the provisions and requirements of this Chapter have been fully met. The VILLAGE may institute appropriate action or proceedings to enjoin violations of this Chapter or the applicable Wisconsin Statutes.

(8) PENALTIES AND REMEDIES. Any person, firm or corporation who violates or fails to comply with the provisions of this Chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 plus the costs of prosecution for each offense and the penalty for default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding six (6) months. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include:

8 (a) Recordation improperly made carries penalties as provided in Section 236.30 of the Wisconsin Statutes.

(b) Conveyance of lots in unrecorded plats carries penalties as provided for in Section 236.31 of the Wisconsin Statutes.

An assessor's plat made under Section 70.27 of the Wisconsin Statutes may be ordered as a remedy by the VILLAGE, at the expense of the subdivider, when a subdivision as defined herein is created by successive divisions.

(9) APPEALS. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve as provided in Sections 236.13(5) of the Wisconsin Statutes, within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.

(10) APPLICABILITY TO PENDING PRELIMINARY SUBDIVISION PLATS OR CERTIFIED SURVEY MAPS. The provisions of this Chapter shall not apply to preliminary subdivision plats, certified survey maps, condominium plats or planned development plans which have been filed with the VILLAGE Plan Commission prior to the effective date of this Ordinance.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.03 LAND DIVISION PROCEDURE

(1) PRE-APPLICATION. It is recommended that, prior to the filing of a conceptual plan, the subdivider consult with the VILLAGE Plan Commission and/or its staff in order to obtain their advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these regulations, the comprehensive plan, comprehensive plan components, neighborhood plans, and duly adopted plan implementation devices of the VILLAGE and to otherwise assist the subdivider in planning his/her development. In so doing, both the subdivider and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible adverse effects on the neighborhood and community. The subdivider will gain a better understanding of the subsequent required procedures.

(2) CONCEPTUAL PLAN. It is required that, prior to the filing of an application for the approval of a preliminary plat, the subdivider submit six copies of a conceptual plan of the proposed land division

9 prepared in accordance with this Ordinance for review and comment by the staff, VILLAGE Plan Commission, VILLAGE Board, VILLAGE Engineer, VILLAGE Attorney and where the location is within the Sanitary District jurisdiction to the District’s engineer. The conceptual plan is intended to provide an early opportunity to review policy issues relating to the development and its possible adverse effects on the adjacent neighborhood and community.

(3) PRELIMINARY PLAT REVIEW. Before submitting a Final Plat for approval, the subdivider shall prepare a Preliminary Plat with supporting data and a letter of application. The Preliminary Plat and supporting data shall be prepared in accordance with this Ordinance, and the subdivider shall file an adequate number of copies of the Plat with supporting data and the application with the VILLAGE Clerk together with all necessary fees at least 60 days prior to the meeting of the VILLAGE Plan Commission at which first consideration is desired. In addition:

(a) The subdivider shall file an adequate number of copies of the plat along with the application with the Director of Planning Function of the Wisconsin Department of Administration who shall distribute copies in the following manner:

(i) 2 copies - Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or connecting street.

(ii) 2 copies - Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made.

(iii) 2 copies - Wisconsin Department of Natural Resources if shorelands or floodlands are contained within the proposed subdivision.

Any fees paid by the subdivider for the required state agency reviews shall be forwarded by the subdivider to the head of the planning function in the Wisconsin Department of Administration, who along with the Wisconsin Department of Transportation and the Department of Commerce shall hereafter be referred to as objecting agencies.

(b) The VILLAGE Clerk shall, within two (2) days after filing, distribute copies of the proposed preliminary plat and supporting data in the following manner:

(i) 2 copies - VILLAGE Board, VILLAGE Plan Commission, VILLAGE Public Works Committee, Fire Department, VILLAGE Engineer, VILLAGE Attorney, Clerk of a City or Village having extraterritorial jurisdiction, and where the location is within the Sanitary District jurisdiction to the District’s engineer.

(ii) 4 copies - County Park and Planning Commission. 10

(c) The VILLAGE Clerk shall also transmit a copy of the Preliminary Plat and supporting data to all other affected VILLAGE commissions or departments, school districts and all affected local utility companies for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the VILLAGE Plan Commission within 20 days from the date the Plat is filed. The Preliminary Plat and supporting data shall then be reviewed by the VILLAGE Plan Commission and VILLAGE Engineer for conformance with this Chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components, and neighborhood plans. The VILLAGE Plan Commission shall then recommend approval, conditional approval or rejection of the Preliminary Plat to the VILLAGE Board.

(4) PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the Preliminary Plat and supporting data, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the VILLAGE Clerk. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the Plat. In addition:

(a) The VILLAGE Board shall, within 90 days of the date of filing of a Preliminary Plat and supporting data with the VILLAGE Clerk, approve, approve conditionally, or reject such Plat. One (1) copy of the Plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the Plat. One (1) copy each of the Plat and letter shall be placed in the VILLAGE Board's permanent file.

(b) Failure of the VILLAGE Board to act within 90 days or within the time as extended by agreement with the subdivider, shall constitute an approval of the Plat as filed.

(c) Approval or conditional approval of a Preliminary Plat shall not constitute automatic approval of the Final Plat, except that if the Final Plat is submitted within thirty-six (36) months of preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in Section 236.11(1)(b) of the Wisconsin Statutes, the Final Plat shall be entitled to approval with respect to such layout. The Preliminary Plat and supporting data shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the Final Plat which will be subject to further consideration by the VILLAGE Plan Commission and VILLAGE Board at the time of its submission.

(5) FINAL PLAT REVIEW. The subdivider shall prepare a Final Plat and a letter of application in accordance with this Chapter and shall file an adequate number of copies of the Plat and the application 11 with the VILLAGE Clerk at least 60 days prior to the meeting of the VILLAGE Plan Commission at which action is desired. In addition:

(a) The subdivider shall file an adequate number of copies of the plat along with the application with the Wisconsin Department of Administration who shall distribute copies in the following manner:

(i) 2 copies - Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or connecting street.

(ii) 2 copies - Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made.

(iii) 2 copies - Wisconsin Department of Natural Resources if shorelands or floodlands are contained within the proposed subdivision.

Any fees paid by the subdivider for the required state agency reviews shall be forwarded by the subdivider to the Wisconsin Department of Administration who along with the Wisconsin Department of Transportation and the Department of Commerce shall hereafter be referred to as objecting agencies.

(b) The VILLAGE Clerk shall, within two (2) days after filing, distribute copies of the proposed plat in the following manner:

(i) 2 copies each - VILLAGE Board, VILLAGE Plan Commission, VILLAGE Public Works Committee, Fire Department, VILLAGE Engineer, VILLAGE Attorney and Clerk of a City or Village having extraterritorial jurisdiction.

(ii) 4 copies - County Park and Planning Commission.

(c) The VILLAGE Plan Commission and the VILLAGE Engineer shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this Chapter and all ordinances that are in effect when the subdivider submits a preliminary plat, rules, regulations, or comprehensive plans and comprehensive plan components which may affect it and shall recommend approval, or rejection of the plat to the VILLAGE Board. The VILLAGE Engineers review shall be presented in writing and made a part of the record.

(d) PARTIAL (PHASE) PLATTING. If permitted by the VILLAGE Board, the approved preliminary plat may be final platted in phases with each phase encompassing only that portion of the approved preliminary plat which the subdivider proposes to record at one time. However, it is required that each such phase be final platted and be designated as a “phase” or “addition” to the approved preliminary plat. The approval of a “phase” development shall not be unreasonably withheld. 12

(6) FINAL PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the Final Plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the Plat and shall return that copy to the VILLAGE Plan Commission. If any objecting agency fails to act within 20 days, it shall be deemed to have no objection to the Plat.

(a) Submission. If the Final Plat is not submitted within thirty-six (36) months of the last required approval of the Preliminary Plat, the VILLAGE Board may refuse to approve the Final Plat.

(b) The VILLAGE Plan Commission shall, within 45 days of the date of filing of the Final Plat with the VILLAGE Clerk, recommend approval, conditional approval or rejection of the Plat and shall transmit the Final Plat and application along with its recommendation to the VILLAGE Board.

(c) The VILLAGE Board shall, within 60 days of the date of filing the original Final Plat with the VILLAGE Clerk, approve or reject such Plat unless the time is extended by agreement with the subdivider. If the Plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. The VILLAGE Board may not inscribe its approval of the Final Plat unless the VILLAGE Clerk certifies on the face of the Plat that the copies were forwarded to objecting agencies as required herein, the date thereof, and that no objections have been filed within 20 days or if filed, have been met.

(d) Failure of the VILLAGE Board to take action on the Plat within 60 days, the time having not been extended and no unsatisfied objections having been filed, the Plat shall be deemed approved.

(e) RECORDATION. After the final plat has been approved by the VILLAGE Board and improvements required by the VILLAGE have either installed or a contract and sureties insuring their installation is filed, the VILLAGE Clerk shall cause this certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds shall not record the plat unless it is offered within twelve (12) months after the date of the last approval of the plat and within thirty-six (36) months after the first approval, and as otherwise specified in Sec. 236.25, Stats.

(f) Copies. The subdivider shall file a minimum of 10 copies of the approved Final Plat with the VILLAGE Clerk for distribution to the VILLAGE Attorneys, VILLAGE Engineer, Building Inspector, Assessor, Treasurer and other affected departments for their files.

13 (7)PLATS WITHIN THE EXTRATERRITORIAL PLAT APPROVAL JURISDICTION. When the land to be subdivided lies within one and one-half (1-1/2) miles of the corporate limits of a village or city, the subdivider shall proceed as specified in Section 18.03(1) through 18.03(6) except:

(a) Transmittal responsibility lies with the Village, City, County, or VILLAGE Clerk to whomever the plat is first submitted; and the subdivider shall indicate which one in his application.

(b) Approval agencies include:

1. VILLAGE Board 2. Village Plan Commission, Village Board 3. City Plan Commission, Common Council 4. Walworth County Park and Planning Commission

The Subdivider shall comply with the land division ordinance of these agencies.

(c) All improvement requirements, specified by either the VILLAGE, Village, City or County in matters over which they have jurisdiction, shall be met before signing of the final plat.

(8) REPLAT. When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded Plat as provided in Section 236.36 through 236.445 of the Wisconsin Statutes. The subdivider, or person wishing to replat, shall then proceed as specified in Section 18.03.

(a) The VILLAGE Clerk shall schedule a public hearing before the VILLAGE Plan Commission when a preliminary plat of a replat of lands within the VILLAGE's jurisdiction is filed, and shall cause a Class 2 notice of the public hearing to be published and mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200 feet of the exterior boundaries of the proposed replat.

(9) MINOR LAND DIVISION REVIEW (CERTIFIED SURVEY MAP). When it is proposed to divide land into not more than four (4) parcels or building sites, or when it is proposed to create by land division not more than four (4) parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot, the subdivider may subdivide by use of a Certified Survey Map. The subdivider shall prepare the Certified Survey Map in accordance with this Chapter and shall file 10 copies of the Map and the letter of application with the VILLAGE Clerk at least 30 14 days prior to the meeting of the VILLAGE Plan Commission at which action is desired.

(a) The VILLAGE Clerk shall, within two (2) days after filing, transmit the copies of the Map and letter of application to the VILLAGE Plan Commission.

(b) The VILLAGE Clerk shall transmit a copy of the Map to the VILLAGE Attorneys, VILLAGE Engineer and all affected VILLAGE Boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the VILLAGE Plan Commission within 10 days from the date the Map is filed.

(10) MINOR LAND DIVISION APPROVAL (CERTIFIED SURVEY MAP). The Map shall be reviewed by the VILLAGE Plan Commission for conformance with this Chapter and all ordinances, rules, regulations, comprehensive plans, and comprehensive plan components, and neighborhood plans.

(a) The VILLAGE Plan Commission shall, within 45 days from the date of filing of the Map, recommend approval, conditional approval or rejection of the Map, and shall transmit the Map along with its recommendations to the VILLAGE Board.

(b) The VILLAGE Board shall approve, approve conditionally and thereby require resubmission of a corrected Certified Survey Map, or reject such Certified Survey Map within 60 days from the date of filing of the Map unless the time is extended by agreement with the subdivider. If the Map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider. If the Map is approved, the VILLAGE Board shall cause the VILLAGE Clerk to so certify on the face of the original Map and return the Map to the subdivider.

(c) Recordation. The subdivider shall record the Map with the County Register of Deeds within 30 days of its approval by the VILLAGE Board.

(d) Copies. The subdivider shall file a minimum of 10 copies of the Certified Survey map with the VILLAGE Clerk for distribution to the VILLAGE Engineer, Building Inspector, Assessor, and other affected departments for their files.

(11) CONDOMINIUM DEVELOPMENT REVIEW.

(a) When it is proposed to develop land into a condominium, a Condominium Development Plan shall be filed with the VILLAGE Clerk. The condominium developer shall file four (4) copies with the VILLAGE Clerk at least 60 days prior to the meeting of the VILLAGE Plan Commission at which action is desired. Prior to submitting a Condominium Development Plan, the condominium developer should 15 submit a Preliminary Condominium Development Plan. It shall be clearly marked "Preliminary Condominium Development Plan" and shall be in sufficient detail to determine whether the proposed development will meet the requirements of the Ordinance. If the condominium developer makes application for a conditional use permit with the Walworth County Park and Planning Commission, the condominium developer shall submit a copy of the information provided to the County to the VILLAGE Clerk.

(b) The VILLAGE Clerk shall, within two (2) days after filing, transmit a copy of the plan to the VILLAGE Board, VILLAGE Plan Commission, VILLAGE Public Works Committee, Fire Department, VILLAGE Attorney, VILLAGE Engineer and all other affected VILLAGE Committees or Departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the VILLAGE Plan Commission within 20 days.

(12) CONDOMINIUM DEVELOPMENT APPROVAL. The plan shall be reviewed by the VILLAGE Plan Commission for conformance with this Ordinance and all ordinances, rules, regulations, adopted regional, County or VILLAGE comprehensive plan or adopted plan components which affect it.

(a) The VILLAGE Plan Commission shall, within 45 days of the date of filing copies of the Condominium Development Plan with the VILLAGE Clerk, recommend approval, conditional approval or rejection of such Condominium Development Plan unless the time is extended by agreement with the developer.

(b) The VILLAGE Board shall, within 60 days of the date of filing the Condominium Development Plan with the VILLAGE Clerk, approve or reject such Condominium Development Plan unless the time is extended by agreement with the developer. If the Condominium Development Plan is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the developer.

(c) Failure of the VILLAGE Board to act within 60 days, the time not having been extended, the Condominium Development Plan shall be deemed approved.

(13) PLANNED DEVELOPMENT REVIEW. When it is proposed to develop land into a planned development, a Development Plan shall be filed with the VILLAGE Clerk. The developer shall file four (4) copies with the VILLAGE Clerk at least 60 days prior to the meeting of the VILLAGE Plan Commission at which action is desired. Prior to submitting a plan, the developer should submit a preliminary development plan. It shall be clearly marked "Preliminary Development Plan" and shall be in sufficient detail to determine whether the proposed development will meet the requirements of the Ordinance. If the developer makes application for a conditional use permit with the Walworth County Park and Planning Commission, 16 the developer shall submit a copy of the information provided to the County to the VILLAGE Clerk.

(a) The VILLAGE Clerk shall, within two (2) days after filing, transmit a copy of the Development Plan to the VILLAGE Board, VILLAGE Attorney, VILLAGE Plan Commission, VILLAGE Public Works Committee, Fire Department, VILLAGE Engineer and all other affected VILLAGE Commissions or Departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the VILLAGE Plan Commission within 20 days.

(14) PLANNED DEVELOPMENT APPROVAL. The plan shall be reviewed by the VILLAGE Plan Commission for conformance with this Chapter and all ordinances, rules, regulations, adopted regional, County or VILLAGE comprehensive plans or adopted plan components which affect it.

(a) The VILLAGE Plan Commission shall, within 45 days of the date of filing copies of the Development Plan with the VILLAGE Clerk, recommend approval, conditional approval or rejection of such Development Plan unless the time is extended by agreement with the developer.

(b) The VILLAGE Board shall, within 60 days of the date of filing the Development Plan with the VILLAGE Clerk, approve or reject such Development Plan unless the time is extended by agreement with the developer. If the Development Plan is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the developer.

(c) Failure of the VILLAGE Board to act within 60 days, the time not having been extended, the Development Plan shall be deemed approved.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.04 PRELIMINARY PLAT.

(1) GENERAL. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(a) Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same or similar to a previously approved and recorded plat, unless it is an addition to a previously recorded plat and is so stated on the plat;

(b) The location of the proposed subdivision by government lot, quarter-section, section, VILLAGE, range, county and state; 17

(d) Date, graphic scale and north arrow;

(e) Names and addresses of the owner, subdivider and land surveyor preparing the plat;

(f) Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of said area is proposed for immediate development. The VILLAGE Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this Chapter and severe hardship would result from strict application thereof.

(2) PRELIMINARY PLAT DATA. All preliminary plats shall show the following:

(a) Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and the total acreage encompassed thereby;

(b) Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto;

(c) Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands;

(d) Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant natural and man-made features within the tract being subdivided or immediately adjacent thereto;

(e) Location, width and names of all proposed public rights-of-way and easements;

(f) Approximate dimensions of all lots together with proposed lot and block numbers and street setback lines;

(g) Location, approximate dimensions and size of any sites to be reserved or dedicated for parks, playgrounds, drainageways, or other public use or which are to be used for group housing, shopping centers, church sites, or other private uses not requiring platting;

(h) Approximate radii of all curves;

(i) Predominant soil types;

18 (j) Existing zoning on and adjacent to the proposed subdivision;

(k) Any proposed lake and stream access clearly indicating the location of the proposed subdivision in relation to the access;

(l) Name of the School District and the boundary lines thereof when a proposed subdivision is situated in more than one school district.

(m) Where the VILLAGE finds that it requires additional information relative to a particular problem presented by a proposed development in order to review the preliminary plat, it shall have the authority to request in writing such information from the subdivider.

(4) COVENANTS. The VILLAGE Plan Commission shall require submission of a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision, condominium or planned development and otherwise protect the proposed development. The VILLAGE Attorney shall review all covenants for compliance with this Chapter and conditions as established by the VILLAGE and shall approve covenants as to form.

(5) PRELIMINARY GRADING AND STORM WATER MANAGEMENT PLAN. All preliminary plans shall show the following on a separate sheet:

(a) The exterior boundaries of the proposed subdivision along with the proposed lots, lot numbers and drainage easements;

(b) Existing contours at vertical intervals of not more than two (2) feet where the slope of the ground surface is less than 10 percent, and of not more than five (5) feet where the slope of the ground surface is 10 percent or more. Elevations shall be marked on such contours based on National Geodetic Datum (mean sea level) where available;

(c) Water elevations of adjoining lakes and streams at the date of the submittal and approximate high and low water elevations, all referred to mean sea level datum where available;

(d) Floodplain limits and the contour line lying a vertical distance of two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the elevation of the maximum flood of record, or where not recorded at the highwater level determined by the Department of Natural Resources;

(e) Location of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way.

(f) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent

19 thereto together with any legally established centerline elevations, all to mean sea level datum where available;

(g) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, the location of manholes, catchbasins, hydrants, power and telephone poles, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might be extended to serve such lands shall be indicated by their direction and distance from the nearest exterior boundary of the plat and their size, and invert elevations; (h)Preliminary street grading showing proposed streets with their proposed elevations and grades;

(i) Preliminary storm water management features showing proposed swales, storm sewers and storm water basins. Sizes of proposed storm sewers and storm water basins shall be shown and the supporting calculations included in a report, to be filed as part of the preliminary data.

(j) Any proposed lake and stream improvement or relocation;

(k) Soil, type and boundaries as shown on the detailed operational soil survey maps prepared by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service);

(l) Location of soil boring tests, where required by Section Comm 85.06 of the Wisconsin Administrative Code, made to a depth of six (6) feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soils and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one (1) test per three (3) acres shall be made initially. The results of such tests shall be submitted along with the preliminary plan;

a. Existing Zoning on and adjacent to the proposed subdivision;

b. Location of Soil Percolation Tests where required by Section Comm 85.06 of the Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests made shall not be less than one (1) test per three (3) acres or one (1) test per lot, whichever is greater. Two (2) copies of all test results shall accompany the Preliminary Plat.

(6) TESTING. The VILLAGE Plan Commission, upon recommendation of the VILLAGE Engineer, may require that borings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table. Where the subdivision will not be served by public sanitary sewer service, 20 the provisions of Chapter Comm 83 and Comm 85 of the Wisconsin Administrative Code shall be complied with; and the appropriate data submitted with the preliminary plat and plan.

a. Street Plans and Profiles. The VILLAGE Plan Commission, upon recommendation of the VILLAGE Engineer, may require that the subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon National Geodetic Vertical Datum (NGVD) and plans and profiles shall meet the approval of the VILLAGE Engineer.

b. Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this Chapter.

(7) LANDSCAPING PLAN. The Plan Commission shall require submission of a draft of the landscaping, restoration and maintenance plan for the proposed development site. These documents shall be submitted to the plan commission prior to the preliminary plat being approved.

Established June 15, 2004, Ordinance No. 1006

18.05 FINAL PLAT.

(1) GENERAL. A Final Plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of Section 236.20 of the Wisconsin Statutes.

(2) ADDITIONAL INFORMATION. The Plat shall show correctly on its face, in addition to the information required by Section 236.20 of the Wisconsin Statutes, the following:

(a) Exact Length and Bearing of the centerline of all streets;

(b) Railroad rights-of-way within and abutting the plat;

(d) Utility and/or drainage easements;

(e) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat and provisions and plans for its use and maintenance;

(f) Special restrictions required by the VILLAGE Plan Commission relating to access control along public ways, delineation of floodland limits, or to the provision of planting strips.

21 (g) Additional building setback lines required by the VILLAGE Plan Commission which are more restrictive than the zoning district in which the plat is located or which are proposed by the subdivider and which are to be included in recorded protective covenants.

(h) Additional yards required by the VILLAGE Plan Commission which are more restrictive than the zoning district in which the plat is located or which are proposed by the subdivider and which are to be included in recorded protective covenants.

(i) Floodland and shoreland boundaries and the contour line lying a vertical distance of two (2) feet above the elevation of the one hundred (100) year recurrence interval flood or, where such data is not available, a vertical distance of five (5) feet above the elevation of the maximum flood of record.

(j) Where the VILLAGE Plan Commission finds that it requires additional information relative to a particular problem presented by a proposed development to review the final plat, it shall have the authority to request in writing such information from the subdivider.

(3) DEED RESTRICTIONS. The VILLAGE Plan Commission and/or VILLAGE Board may require that deed restrictions be filed with the Final Plat, and be placed on the face of the plat.

(4) SURVEY ACCURACY. Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance or position, the ratio of one (1) part in 10,000, nor in azimuth, four (4) seconds of arc per interior angle.

(5) SURVEYING AND MONUMENTING. All final plats shall meet all the surveying and monumenting requirements of Section 236.15 of the Wisconsin Statutes.

(6) STATE PLANE COORDINATE SYSTEM. Where the Plat is located within a U.S. Public Land Survey quarter-section, the corners of which have been relocated, monumented and coordinated by the Wisconsin Department of Transportation, the Southeastern Wisconsin Regional Planning Commission, or any County, City, Village or VILLAGE, the Plat shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner, to which the Plat is tied, shall be indicated on the Plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced directly to the Wisconsin Coordinate System, South Zone, and adjusted to the control survey. 22

(7) CERTIFICATES. All final plats shall provide all the certificates required by Section 236.21 of the Wisconsin Statutes. The surveyor's certificate shall contain a description of the survey beginning at the U.S. Public Land Survey corner to which the survey is tied.

(8) RECORDATION. The Final Plat shall only be recorded with the County Register of Deeds after the certificates have been signed by the Director of the Planning Function in the Wisconsin Department of Administration, the VILLAGE Board, the Surveyor, and those certificates required by Section 236.21 of the Wisconsin Statutes are placed on the face of the plat. The plat shall be recorded within twelve (12) months after the date of the last approval of the plat and within thirty-six (36) months after the first approval.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.06 CERTIFIED SURVEY MAP.

(1) GENERAL. A Certified Survey Map prepared by a registered land surveyor shall be required for all minor land divisions. It shall comply in all respect with the requirements of Section 236.34 of the Wisconsin Statutes. The minor subdivision shall comply with the design standards and improvement requirements set forth in this Chapter.

(2) ADDITIONAL INFORMATION. The Map shall show correctly on its face, in addition to the information required by Section 236.34 of the Wisconsin Statutes, the following:

(a) All existing buildings, watercourses, drainage ditches and other features pertinent to proper land division.

(b) Setbacks or building lines required by the VILLAGE Plan Commission and/or other ordinances.

(d) All lands reserved for future acquisition.

(e) Existing contours when required by the VILLAGE Engineer at vertical intervals of not more than two (2) feet where the slope of the ground surface is less than 10 percent, and of not more than five (5) feet where the slope of the ground surface is 10 percent or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (mean sea level) as available. This requirement may be waived if the parcel(s) created are fully developed.

(f) Proposed lot drainage as may be required by the VILLAGE Plan Commission, VILLAGE Public Works Committee, and/or VILLAGE Engineer. 23

(g) Date of the map, graphic scale and north arrow.

(h) Name and address of the owner, subdivider and surveyor.

(i) Location of soil boring tests, where required by Chapter COMM 83 and COMM 85 of the Wisconsin Administrative Code, made to a depth of six (6) feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one (1) test per three (3) acres shall be made initially. The results of such tests shall be submitted along with the certified survey map.

(j) Location of soil percolation tests, where required by Section Comm 85.06 of the Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one (1) test per three (3) acres or one (1) test per lot, whichever is greater. The results of such tests shall be submitted along with the preliminary plat.

(k) Name of the School District and the boundary lines thereof when a proposed certified survey map is situated in more than one school district.

(l) Additional building setback lines required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the plat is located or which are proposed by the subdivider and are to be included in recorded protective covenants.

(m) Additional yard setbacks required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the plat is located.

(n) Floodland and shoreland boundaries and the contour line lying at a vertical distance of two (2) feet above the elevation of the one hundred (100) year recurrence interval flood or, where such data is not available, at a vertical distance of five (5) feet above the elevation of the maximum flood of record, or where not recorded at the highwater level determined by the Department of Natural Resources.

(o) The existence of any protective covenants shall be noted on the face of the map.

(p) Where the VILLAGE Plan Commission finds that it requires additional information relative to a particular problem presented by a proposed development to review the certified survey map, it shall have the authority to request in writing, such information from the subdivider. 24

(q) The entire area contiguous to the proposed certified survey map owned or controlled by the subdivider shall be included on the certified survey map even though only a portion of said area is proposed for immediate development. The VILLAGE Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this code and severe hardship would result from strict application thereof.

(3) STATE PLANE COORDINATE SYSTEM. Where the Map is located within a U.S. Public Land Survey quarter-section, the corners of which have been relocated, monumented and coordinated by the Wisconsin Department of Transportation, the Southeastern Wisconsin Regional Planning Commission, or any County, City, Village or VILLAGE, the Map shall be tied directly to one (1) of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner to which the Map is tied shall be indicated on the Map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the control survey.

(4) CERTIFICATES. The surveyor's certificate shall contain a description of the survey beginning at the U.S. Public Land Survey corner to which the survey is tied. The VILLAGE Board, after a recommendation by the reviewing agencies, shall certify its approval on the face of the map.

(a) Protective covenants and dedication of streets and other public areas shall require the owner's certificate and the mortgagee's certificate in substantially the same form as required by Section 236.21(2)(a) of the Wisconsin Statutes.

(b) The VILLAGE Clerk or VILLAGE Treasurer and the County Treasurer shall certify on the face of the Certified Survey Map that there are no unpaid taxes or unpaid special assessments on any of the lands included in the Certified Survey Map.

(5) RECORDATION. The Certified Survey Map shall only be recorded with the County Register of Deeds after the certificates have been signed by the VILLAGE Board and the surveyor. The Map shall be recorded within 30 days of its approval by the VILLAGE Board.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.07 CONDOMINIUM PLAT.

(1) GENERAL. A condominium plat prepared by a registered land surveyor shall be required for all condominiums. It shall comply in all respects with the requirements of Section 703.11 of the Wisconsin Statutes. A Condominium Development Plan shall be required for all condominiums and shall comply with the design standards set 25 forth in Appendix A, and with Sections 18.04(3) and 18.04(4) of this Chapter. If the condominium is to be divided into units which have characteristics similar to lots in a subdivision, the provisions of Sections 18.03, 18.04, 18.05, and 18.06 shall be complied with. If the condominium is not to be subdivided into units which have characteristics similar to lots in a subdivision, the provisions of Sections 18.09(5) and 18.09(6) shall be inapplicable.

(a) A preliminary plan shall be submitted to the VILLAGE Plan Commission for all tracts of land proposed to be developed as a condominium that contain floodlands or shorelands and shall show all the data required by Section 18.04(2) of this Ordinance for preliminary plats.

(2) ADDITIONAL INFORMATION. The Condominium Development Plan and Preliminary Condominium Development Plan shall show correctly on its face, in addition to the information required by Section 703.11 of the Wisconsin Statutes, the following:

(a) Date of plan.

(b) Graphic scale.

(d) All existing buildings, proposed structures, streets, watercourses, drainage ditches and other features pertinent to the development.

(e) Names of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes, flowages, and wetlands.

(f) Additional building setback lines required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the condominium is located or which are proposed by the condominium developer and are to be included in recorded protective covenants.

(g) Additional yard setback required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the condominium is located.

(h) All lands reserved for future public acquisition.

(i) Existing contours in the area of the land to be developed.

(j) Floodland and shoreland boundaries and the contour line lying at a vertical distance of two (2) feet above the elevation of the one hundred (100) year recurrence interval flood or, where such data is not available, at a vertical distance of five (5) feet above the elevation of the maximum flood of record, or where not

26 recorded at the highwater level determined by the Department of Natural Resources.

(k) A list of soil types shall be shown on the plan when private, on-site sewage disposal systems are proposed to be used. These soils, if classified as having severe restrictions for sanitary purposes, shall be delineated on the plan.

(l) Where the VILLAGE Plan Commission finds that it requires additional information relative to a particular problem presented by a proposed development to review the condominium, it shall have the authority to request in writing, such information from the condominium developer.

(m) Name of the School District and the boundary lines thereof when a proposed condominium is situated in more than one.

(3) DENSITY. Open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the zoning district in which it is located.

(4) REVIEW AND APPROVAL. The VILLAGE Plan Commission and Public Works Committee shall review the proposed plan, the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effects of the proposed use, structure, operation, and improvement upon the area and upon flood damage protection, water quality, shoreland cover, natural beauty and wildlife habitat.

(a) The VILLAGE Plan Commission may recommend approval of the Condominium Development Plan to the VILLAGE Board provided that the proposed uses and structures are in accordance with the purpose and intent of this Chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the VILLAGE.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.08 PLANNED DEVELOPMENTS.

(1) GENERAL.

(a) A Development Plan shall be required for all planned developments based upon a survey prepared by a Registered Land Surveyor. The planned development shall comply with the design standards set forth in Appendix A and with Section 18.04(3) and 18.04(4) of this Chapter. If the planned development is not to be subdivided into lots, the provisions of Sections 18.09(5) and 18.09(6) shall be inapplicable.

(b) A preliminary plan shall be submitted to the VILLAGE Plan 27 Commission for all tracts of land proposed to be developed as a planned development that contain floodlands or shorelands and shall show all the data required by Section 18.04(2) of this Chapter for preliminary plats.

(2) ADDITIONAL INFORMATION. The Development Plan and Preliminary Development Plan shall show correctly on its face, the following:

(a) Date of plan.

(b) Graphic scale.

(d) All existing buildings, proposed structures, streets, watercourses, drainage ditches and other features pertinent to the development.

(e) Names of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes, flowages, and wetlands.

(f) Additional building setback lines required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the planned development is located or which are proposed by the developer and are to be included in recorded protective covenants.

(g) Additional yard setback required by the VILLAGE Plan Commission which are more restrictive than the regulations of the zoning district in which the planned development is located.

(h) All lands reserved for future public acquisition.

(i) Existing topographic contours, 2 foot intervals, in the area of the land to be developed.

(k) A list of soil types shall be shown on the plan when private on-site sewage disposal systems are proposed to be used. These soils, if classified as having severe restrictions for sanitary purposes shall be delineated on the face of the plan.

(l) Where the VILLAGE Plan Commission finds that it requires additional information relative to a particular problem presented by a proposed development, it shall have the authority to request in writing, such information from the developer. 28

(m) Name of the School District and the boundary lines thereof when a proposed planned development is situated in more than one.

(3) DENSITY. Open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the zoning district in which it is located.

(a) The VILLAGE Plan Commission may recommend approval of the Development Plan to the VILLAGE Board provided that the proposed uses and structures are in accordance with the purpose and intent of this Chapter and are found to be no hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the VILLAGE.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.09 DESIGN STANDARDS.

(1) STREET ARRANGEMENT

In any new subdivision the street or alley layout shall conform to the arrangement, character, extent, grade, width, and location indicated on the official map, County jurisdictional highway system plan, comprehensive plan or plan component of the VILLAGE of Bloomfield, Walworth County, Wisconsin. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, to existing or planned utilities, and to the most advantageous development of adjoining areas. The subdivision shall be designed so as to provide each lot with satisfactory access to a public street. In addition:

(a) Arterial Streets, as hereafter defined, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of arterial streets and highways and shall be,

29 insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.

(b) Collector Streets, as hereafter defined, shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches, and shopping centers, and other concentrations of population and to the arterial streets to which they connect.

(c) Minor Streets, as hereafter defined, shall be arranged to conform to the topography, to discourage use by through traffic, where applicable to permit the design of efficient storm drainage, water supply, and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.

(d) Proposed Streets shall extend to the boundary lines of the tract being subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the VILLAGE Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider.

(e) Whenever the proposed subdivision contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen planting contained in a nonaccess reservation along the rear property line. Frontage streets should be avoided.

(f) Stream or Lake Shores shall have a minimum of 60 feet of public access platted to the low water mark at intervals of not more than one-half (0.5) mile as required by Section 236.16(3) of the Wisconsin Statutes.

(g) Reserve Strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the VILLAGE under conditions approved by the VILLAGE Plan Commission.

(h) Alleys shall be provided in commercial and industrial areas for off-street loading and service access unless otherwise required by the VILLAGE Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved, and alleys shall not connect to an arterial street or highway.

(i) No street names may be used which would duplicate, or be confused with the names of the existing streets. Existing street

30 names must be projected across unplatted lands whenever possible. Each street name shall be approved by the VILLAGE Board.

(j) Streets are the preferred routing of the overland emergency floodway.

(k) An approval letter from the jurisdiction controlling driveway access shall be provided by the subdivider.

(l) Single purpose streets shall not be allowed.

(2) LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT

Whenever the proposed subdivision contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment:

(a)When lots within the proposed subdivision back upon the right-of-way of an existing or proposed limited access highway or a railroad, a planting strip at least 30 feet in depth shall be provided adjacent to the highway or railroad in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees and shrubs, the building of structures hereon prohibited.”

(b)Commercial and industrial properties shall have provided, on each side of the limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 200 feet.

(c) Streets parallel to a limited access highway or railroad right-of-way, when intersecting an arterial street or highway, or a collector street which crosses said railroad or highway, shall be located at a minimum distance of 250 feet from said highway or railroad right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.

(d) Minor Streets immediately adjacent and parallel to railroad rights-of-way shall be avoided, and location of minor streets immediately adjacent to arterial streets and highways and to railroad rights-of-way shall be avoided in residential areas.

(3) STREET AND OTHER PUBLIC WAY DESIGN STANDARDS

(a) The minimum right-of-way and roadway width of all proposed streets and alleys are set forth in Appendix A.

(b) Temporary Termination of streets at the boundary of a subdivision intended to be extended at a later date shall be 31 accomplished with a temporary cul-de-sac in accordance with the design standards set forth in Appendix A.

(c) Roadway Elevations. Elevations of roadways passing through floodplain areas shall be designed in the following manner:

(1) Arterial highways shall be designed so they will not be overtopped by the 50-year recurrence interval flood.

(2) Collectors and local streets shall be designed so they will not be overtopped by the 10-year recurrence interval flood.

(d) New and Replacement Bridges and Culverts. All new and replacement bridges and culverts over perennial waterways, including pedestrian and other minor bridges, in addition to meeting other applicable requirements, shall be designed so as to accommodate the 100-year recurrence interval flood event without raising the peak stage, either upstream or downstream, more than 0.01 foot above the peak stage for the 100-year recurrence interval flood, as established in the adopted federal flood insurance study. Larger permissible flood stage increases may be acceptable for reaches having topographic land use conditions which could accommodate the increased stage without creating additional flood damage potential upstream or downstream of the proposed structure provided that flooding easements have been acquired from all property owners affected by the excess stage increases. Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice flows and other debris, and conform to Wisconsin’s Administrative Code NR 116.

All new and replacement bridges shall be constructed in accordance with all applicable State Statues and Codes and shall be submitted to the Department of Natural Resources and U.S. Army Corp of Engineers, to assure compliance therewith. Street grades shall be established whenever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for arterial and collector streets, and one-half (0.5) this minimum for all other streets.

(e) Half-Streets. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided, the other half of the street shall be dedicated by the subdivider. The platting of new half-streets shall not be permitted.

(f) Private Streets. The VILLAGE may require or permit, at the VILLAGE Board’s discretion, that minor land access streets be privately owned and reserved for possible future VILLAGE street purposes. Any such private street shall be designed and built to VILLAGE street standards pursuant to the design standards in Appendix

32 A. In addition, any such private street shall be subject to a private street agreement that contains the following provisions:

1. Irrevocable reservation of the street for future VILLAGE street purposes, which may be acceptable by the VILLAGE, at its option, at any time.

2. Non-lapsing ownership of the street by owners of the lots served thereby.

3. Mechanism for repairs and maintenance by benefitting owners.

4. Reservation of special charges and special assessment rights to the VILLAGE.

5. Indemnification of the VILLAGE by the owners of the private street, for any claims arising from injury or loss occurring on or related to the private street.

6. As a condition of the final approval of a private street intended to provide access to more than one (1) parcel, there shall be provided to the VILLAGE Board a Private Street Agreement, which:

(a) Identifies the owner(s) of the private street.

(b) Demonstrates that the owners of each parcel having access to the private street accept the responsibility for the maintenance of the private street.

(d) Creates a requirement that the street be paved by a developer of the private street with three (3) inches of asphaltic concrete upon or before the sale of 80 percent of the lots.

(e) Prohibits the sale or transfer of the last 20 percent of the lots until the paving is complete.

7. An irrevocable letter of credit or bond from the developer is also required.

8. The Private Street Agreement shall be in recordable form and shall be subject to review and approval by the VILLAGE as part of the Land Division review procedure.

(4) STREET INTERSECTIONS

Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit.

33 In addition:

(a) The number of streets converging at one (1) intersection shall be reduced to a minimum, preferably not more than two (2).

(b) The number of intersections along arterial streets and highways shall be held to a minimum. Whenever practicable the distance between such intersections shall not be less that 1200 feet.

(c) Property lines at street intersections shall be founded with a minimum radius of 15 feet or of a greater radius when required by the VILLAGE Plan Commission, or shall be cut off by a straight line through the points of tangency of an arc having a radius of 15 feet.

(d) Land access and collector streets shall not necessarily continue across arterial streets. If the distance between the centerline intersections of any street with any other intersecting street is less than 250 feet, measured along the centerline of the intersecting street, then the location shall be so adjusted that the distance is increased or the adjoinment across the intersecting street is continuous and a jog is avoided.

(e) On all streets where sidewalks are required, ramps or openings to accommodate disabled individuals or vehicles shall be provided in accordance with Section. 66.0909 of Wisconsin Statutes.

(5) BLOCKS. The widths, lengths, and shapes of blocks shall be suited to the planned use of the land; zoning requirements; need for convenient access, control, and safety of street traffic; and the limitations and opportunities of topography. In addition:

(a) The length of blocks in residential areas shall not as a general rule be less than 600 feet nor more than 1500 feet in length unless otherwise dictated by exceptional topography or other limiting factors of good design.

(b) Pedestrian ways of not less than 10 feet in width may be required near the center and entirely across any block over 900 feet in length where deemed essential by the VILLAGE Plan Commission to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches, or transportation facilities.

(c) No specific rule concerning the shape of blocks is made, but blocks must fit easily into the overall plan of the subdivision and their design must evidence consideration of lot planning, traffic flow, and public areas.

(d) The width of blocks shall be wide enough to provide for two (2) tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or designated for commercial or industrial use shall be adequate to provide for off-street service 34 and parking required by the use contemplated and the area zoning restrictions for such use.

(e) All telephone and electric power lines shall, where practical, be placed on mid-block easements of not less than 20 feet centered on the property line, and where possible, along rear lot lines for underground construction.

(6) LOTS. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. In addition:

(a) Side lot lines shall be at right angles to straight street lines or radial to curved street lines on which the lots fact. Lot lines shall follow municipal boundary lines rather than cross them.

(b) Double frontage lots are discouraged except where lots back upon a primary street (major thoroughfare) and in such instances, vehicular access between the lots and the thoroughfare is prohibited or where topography of the land might render subdividing otherwise unreasonable. Such lots shall have an additional rear yard depth of at least twenty (20) feet in order to allow for a protective screen planting.

(d) Area and dimensions of all lots shall conform to the requirement of County Zoning for all land divisions within the VILLAGE. Those building sites not served by public sanitary sewerage system or other approved system shall be sufficient to permit the use of a private onsite waste treatment system designed in accordance with Chapter Comm 83 of the Wisconsin Administrative Code. In no instance shall the building lines be less than twenty-five (25) feet from the street line.

(e) Excessive depth of lots in relation to width shall be avoided and a proportion of two to one (2:1) shall be considered a desirable depth-to-width ratio under normal conditions. Depth of lots or parcels designated for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated.

(f) The minimum lot dimensions for residential development shall be pursuant to the County Zoning Ordinance at the established building line. Corner lots shall be sufficiently larger than interior lots to allow maintenance of building set back lines on both streets.

(g) Corner Lots shall have an additional width of 15 feet to permit adequate building setbacks from side streets. 35

(h) Shape of Lots shall generally be rectangular. Lots platted on cul-de-sacs will generally be narrower at the street than at the rear lot line, however, the creation of “flag” or “pan-handled” lots shall be avoided.

(i) Lands lying between the meander line and the water’s edge and any otherwise unplattable lands which lie between a proposed subdivision and the water’s edge shall be dedicated to the public in any plat abutting a lake or stream.

(j) Width of Lots. In no case shall a lot have a minimum lot width at the building setback line of less than that which is required by the applicable zoning ordinance.

(7) BUILDING AND SETBACK LINES. Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the plat is located, may be required by the VILLAGE Plan Commission and shall be shown on the final plat or certified survey map. Examples of the application of this provision would include requiring greater setbacks on cul-de-sac lots to achieve the necessary lot width at the setback line, requiring greater setbacks to conform to setbacks of existing adjacent development, or setting special yard requirements to protect natural resource elements.

(8) EASEMENTS.

(a) Easements when required for VILLAGE or Utility District owned and/or maintained utilities shall be at least twenty (20) feet wide and shall include a provision prohibiting the installation of trees, shrubs, hedges, bushes, playground equipment, fences, sheds, or other buildings and any other type of structure or building other than those owned by the VILLAGE or Utility District. All other easements provided for non-municipally owned utilities shall meet the requirements of the individual company.

(b) The VILLAGE Plan Commission may require utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for electric power and communication lines, wires, conduits, side and rear yard drainage and other utility lines.

(c) Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width needed to straighten, or for maintenance access, or both, as will be adequate for the purposes. Parallel streets or parkways may be required in connection therewith.

(d) Easements shall be added when stormwater from public or other private areas drains to a publicly or privately owned and 36 maintained detention and retention areas such that a perpetual right to drain is established and the VILLAGE retains the right to enter the easement and perform any necessary maintenance if the private property owner fails to adequately maintain the privately owned area.

(9) BUFFERS.

(a) When a proposed rural cluster development includes a required buffer with landscape screening, the screening shall contain sufficient landscape treatments, consisting of trees, shrubs, and berms, or any combination thereof, to adequately restrict the view of dwelling units from existing streets and from each other. A landscape plan showing the provision of such screening shall be submitted for review and approval by the VILLAGE of Bloomfield in accordance with 18.11(4) of this Ordinance. In addition:

(i) Plantings. For required screening buffers shall be provided at a rate of one deciduous canopy tree at least two inches in diameter at chest height, two ornamental trees at least one and one half inches in diameter at chest height, two evergreen trees at least six feet in height, and six shrubs at least three feet in height for each one hundred feet in length of required screening. One deciduous canopy tree may be substituted for two evergreen trees or ornamental trees. The Plan Commission may permit alternative landscape treatments, which shall have a buffering or screening capacity equal to, or greater than, the requirements set forth herein.

(ii) Existing healthy trees and shrubs should be used whenever possible to meet the requirements of this section upon approval by the Plan Commission. Said existing vegetation shall be clearly denoted “to remain” on the landscape plan and shall be properly protected from construction activities in accordance with sound conservation practices.

(iii) Requirements for a buffer with landscape screening may be waived or modified by the Plan Commission when the existence of unusually wide open areas, significant grade separations, or other unusual situations make the additional landscaping treatment unnecessary to achieve the objective of rural landscape preservation.

(iv) Berms may be permitted to supplement or replace some of the planting requirements specified herein provided the width of the buffer area is adequate to accommodate the size of the berm, based on the berm’s slope, crown, height, and form. The berm shall contain side slopes not exceeding four feet of horizontal distance to one foot of vertical distance (4:1) and shall be undulating, whenever possible. The subdivider shall demonstrate that any reduction in required new plantings shall not reduce the effectiveness of the screen.

(v) Fences and walls may be used for buffering or screening purposes and shall comply with the fencing requirements of the VILLAGE of Bloomfield zoning ordinance. Fencing or walls shall not replace 37 required planting and buffers unless the VILLAGE Board determines a reduction in planting does not reduce the visual effectiveness of the screen.

(vi) Openings, where appropriate, shall be provided for pedestrian or recreation trail access.

(vii) Vision clearance triangles at street intersections, as required in accordance with the VILLAGE of Bloomfield zoning ordinance, shall not be obstructed by plant material, berms, fences or walls.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.10 REQUIRED IMPROVEMENTS

(1) GENERAL. No subdivision of land or development shall be approved, construction or installation of improvements began, without a certification of approval by the VILLAGE Clerk. The VILLAGE Clerk shall, after receiving approvals from the VILLAGE Engineer, Plan Commission, Public Works Committee and all other affected departments and agencies, certify to the VILLAGE Board that the improvements described in the plans and specifications for the development, together with agreements, meet the minimum requirements of all ordinances and design standards of the VILLAGE.

(2) STREET IMPROVEMENTS

(a) Street improvements are required to be constructed in conformity with the Design Standards as set forth in Appendix A.

(b) Final surface for public streets should be delayed to avoid premature damage of final surface course. Final surface course should be installed after approximately 75% of the lots have experienced construction, as determined in the "Contract for Subdivision or Development Improvements", but not more than three years from substantial completion.

(3) MINIMUM STREET STANDARDS

(a) All minimum standards established are intended to be construed solely as minimums. Additional standards may be required depending on the topography, soil and overall geological or special conditions of each individual parcel being developed. The standards for streets shall be in conformance with the Design Standards established by the VILLAGE. The VILLAGE Engineer may recommend and the VILLAGE Plan Commission may require standards beyond the minimums set forth when geological conditions dictate the necessity for additional standards.

(b) All right-of-way widths shall conform to the dimensions shown in Design Standards as set forth in Appendix A.

38 (4) SURVEY MONUMENTS. The subdivider shall install survey monuments placed in accordance with the requirements of Section 236.15 of the Wisconsin Statutes and as may be required by the VILLAGE Engineer.

(5) GRADING.

(a) After the installation of temporary block corner monuments by the subdivider and establishment of street grades by the VILLAGE Engineer, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the VILLAGE Engineer. The subdivider shall grade the roadbeds in the street right-of-way to subgrade.

(b) Cut and filled lands outside of street right-of-way shall be graded to a maximum slope of one (1) on four (4) or the soil’s angle of repose, whichever is the lesser. All graded lands with the exception of the roadbeds of streets shall be treated and stabilized for sediment and erosion control purposes.

(6) SURFACING.

(a) After the installation of all utility and storm water drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated to the widths prescribed by these regulations and the comprehensive plan or comprehensive plan components of the VILLAGE.

(b) The subdivider shall be responsible for any defects due to faulty materials or workmanship which appear within a period of one (1) year from the date of acceptance by the VILLAGE and shall pay any damages resulting therefrom to VILLAGE property.

(7) CURB AND GUTTER. In all subdivisions as defined herein the VILLAGE Board may require the subdivider to construct concrete curb and gutters in accordance with the State of Wisconsin, Department of Transportation Standard Specifications for Highway and Structure Construction. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts.

(8) PUBLIC SANITARY SEWERAGE AND PRIVATE ONSITE WASTE TREATMENT SYSTEMS. When public sanitary sewerage facilities are available to the subdivision such facilities shall be designed and constructed in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. In addition:

(a) The VILLAGE Board may require the installation of sewer laterals to the street lot line.

(b) The size, type and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and standard specifications approved by the VILLAGE Engineer. 39

(c) Where a Sanitary District has been created pursuant to Section 60.30 of the Wisconsin Statutes for the purpose of providing and construction sanitary sewers, such plans and standard specifications shall be further subject to approval by the Sanitary District Commission and the VILLAGE Board.

(d) The subdivider shall assume the cost of installing all sanitary sewers, sewer laterals, and sewer appurtenances within the proposed subdivision, except for the added cost of installing sewers greater than eight (8) inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed subdivision. In addition, the subdivider shall pay to the VILLAGE or Sanitary District wherein the subdivision plat is located a sanitary sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.

(9) STORM WATER DRAINAGE FACILITIES. The subdivider shall construct storm water drainage facilities adequate to serve the subdivision which may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, culverts, open channels, water retention structures and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow through and from within the subdivision and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. In addition, all drainage shall be in conformity with Walworth County Storm Water and Erosion Control Ordinance and Appendix A of this Ordinance.

(10) OTHER FACILITIES. The subdivider shall cause electrical power, natural gas and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the subdivision. No electrical or telephone service shall be located on overhead poles unless otherwise allowed by the Plan Commission due to exceptional topography or other physical barrier. Plans indicating the proposed location of all electrical power, natural gas, and telephone distribution and transmission lines required to service the plat shall be approved by the VILLAGE Engineer.

(11) STREET SIGNS AND GUARD RAILS. Street signs and guard rails shall, at the option of the VILLAGE Board, be obtained by the VILLAGE and placed where necessary by the VILLAGE and the cost of the same shall be paid for by the subdivider.

(12) OPTIONAL PROVISION OF PUBLIC UTILITIES AND FACILITIES. If for any reason the subdivider fails to install public utilities or facilities as prescribed herein or as ordered by the VILLAGE Board pursuant to this Ordinance, the VILLAGE Board may install such improvements and assess the full cost of such installations against 40 the subdivider or subdivider may agree to have the public improvements installed by the VILLAGE pursuant to Section 66.0703 of the Wisconsin Statutes.

(13) LAKE AND STREAM ACCESS. No land shall be developed as a condominium or planned development, subdivided into lots or outlots, sold or leased, or any interest therein created in such manner as to give access to any lake or stream by easement, common element, right to use, fractional ownership or otherwise to more than one family for each unit of lake or stream frontage equaling in width the minimum required width of a lot under the Walworth County Shoreland Zoning Ordinance for the zoning district in which the land is located.

(14) PUBLIC SITES AND OPEN SPACE.

Purpose. The VILLAGE of Bloomfield specifically desires to provide sufficient land and improvements within new subdivisions to meet the demand for neighborhood recreational facilities for residents within each subdivision. Such facilities are intended to provide for facilities such as tot lots, walking trails, and smaller neighborhood parks intended primarily for use by subdivision residents, but are not intended to duplicate or replicate public or community recreational facilities provided by the VILLAGE.

(a) Required Reservation of Land. The Plan Commission shall require subdividers to reserve sufficient land and provide improvements to meet the needs for neighborhood recreation facilities within each subdivision Land reserved for such purposes shall generally be owned and maintained by either an association of the landowners within the subdivision or another organization capable of managing, maintaining and upgrading the facilities, as needed.

(b) When determining the type and amount of land and improvements required for recreational use in a land division the Plan Commission shall consider the following:

(i.) The density (number of units) and intensity (proximity of units to each other) of the development;

(ii.) Preservation of scenic and historic sites;

(iii.) Natural contour of the land;

(iv.) Woodlands, marshes, lakes, ponds or wetlands preservations;

(v.) Style of landscaping;

(vi.) Possible passive recreation created or existing;

(vii.) Access to the public vs. private; 41

(viii.) Accessibility to open space;

(ix.) Public or private dedication;

(x.) Any other factor the Plan Commission deems appropriate for the creation of passive recreational land.

(c) Appeal. The subdivider shall be entitled to appeal the Plan Commission’s decision to the VILLAGE Board, upon written request. The request must be made within 30 days of the decision of the Plan Commission.

(15) STREET TREES. In all subdivisions with lots one acre and smaller in size, the VILLAGE Board shall, and in other subdivisions may, require the developer to plant at least one tree of an approved species and at least two inches in diameter at chest height approximately five feet above ground for each fifty feet of lot frontage in both conventional and rural cluster developments. The trees shall be distributed along the entire frontage of the lot with the curb lawns or, if there are no curb lawns, within the street right-of-way but outside roadside swales. In rural cluster development, street trees need not be evenly spaced but may be planted in common open spaces and on private lots abutting streets, upon approval by the VILLAGE Board, provided said streets are protected by deed restrictions or appropriate easements. This requirement may be waived by the Village if the street in a rural cluster development weaves between or passes through common open space that is primarily field, meadow, pasture or prairie.

(16) LANDSCAPED BUFFERS. When required by this Ordinance, the VILLAGE zoning ordinance, or the VILLAGE Plan Commission, landscape screening within buffer areas in rural cluster developments shall be installed in accordance with approved landscape plans and specifications as required in Section 18.11(4) of this Ordinance. The landscape plan and specifications shall be approved by the Village Board, upon recommendation of the Village Plan Commission. If plantings are not installed prior to approval of a final plat, a landscaping scheduled shall be specified in the subdivider’s agreement and appropriate sureties shall be provided.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018; Revised July 2, 2007, Ordinance 1031;

18.11 CONSTRUCTION

(1) COMMENCEMENT. No construction or installation of improvements shall commence in a proposed subdivision until the Preliminary Plat or Certified Survey Map has been approved and the VILLAGE Board has given written authorization for such commencement. Inspection fees shall be required as specified in Section 18.12 of this Chapter.

42 (2) BUILDING PERMITS. No building, zoning, or sanitary permits shall be issued for erection of a structure on any lot not of record until all the requirements of this Chapter have been met, nor will any permit for any temporary or permanent facilities or structures be issued until all roadways are capable to support emergency equipment.

(3) OCCUPANCY PERMIT.No occupancy permit shall be issued until all requirements of this Chapter are met to the satisfaction of the Building Inspector.

(4) PLANS. The following plans and accompanying construction specifications may be required by the VILLAGE Engineer before authorization of construction or installation of improvements:

(a) Street plans and profiles showing existing and proposed grades, elevations, and cross-sections of required improvements.

(b) Sanitary sewer plans and profiles showing the locations, grades, sizes, cross-sections, elevations, and materials of required facilities.

(c) Storm water plans and profiles showing the locations, grades, sizes, cross-sections, elevations and materials of required facilities.

(d) Water main plans and profiles showing the locations, sizes, elevations, and materials of required facilities.

(e) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water, those grading and excavating practices that will prevent erosion and sedimentation, the time span that soil will be exposed, and plans to protect existing vegetation, such as fences or tree wells, shall be prepared. Such plans shall follow the guidelines and standards set forth in Walworth County Land Disturbance, Erosion Control and Stormwater Management Ordinance.

(f) Planting Plans showing the locations, size, quantity, species names, and common names of any required grasses, vines, shrubs, and trees.

(g) Additional special plans or information as required.

(5) INSPECTION. The subdivider, prior to any work within the subdivision, shall make arrangements with the VILLAGE Engineer to provide for adequate inspection. The VILLAGE Engineer shall inspect and approve all roadway grading, drainage, and restoration prior to release of final surety and letter of credit.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.12 FEES 43

(1) GENERAL. The Subdivider or Developer shall pay all fees and costs associated with the review, inspection and administration of the land division or development equal to the actual cost incurred by the VILLAGE, plus a five percent (5%) overhead factor to assist in defraying costs for VILLAGE supervision and administration. The Subdivider shall submit all required fees, bonds, and letters of credit to the VILLAGE Clerk at the times specified before final approval of a plat, condominium, planned development or certified survey map. Any costs the VILLAGE may incur for plan review, inspection and administration which exceed the deposit amounts shall be billed to the Subdivider by the VILLAGE. If a fund balance exists in the inspection deposit after acceptance of all improvements and refund of the improvement guarantees, the subdivider may request a refund of the remaining inspection deposit amounts. In addition, the Subdivider's Agreement shall be executed and filed by the Subdivider prior to final approval of any plat or certified survey map.

(2) CONCEPTUAL PLAN REVIEW FEE. The Subdivider shall deposit a sum equal to $500 to the VILLAGE Clerk at the time of application for the review of the conceptual plan. A re-application fee amounting to $150.00 shall be paid to the VILLAGE Treasurer at the time of re-application for approval of any preliminary plat or certified survey map which has previously been reviewed.

(3) CERTIFIED SURVEY MAP REVIEW FEE. The Subdivider of four (4) or less lots shall pay a fee of $50.00 for each Certified Survey Map to the VILLAGE Clerk at the time of the application for approval of any proposed Certified Survey Map. A subdivider of more than four (4) lots shall pay $300.00.

(4) PRELIMINARY PLAT AND ENGINEERING REVIEW FEE. The Subdivider shall deposit a sum equal to $1,000 to the VILLAGE Clerk at the time of the application for approval of such preliminary plat and engineering review.

(5) CONDOMINIUM AND PLANNED DEVELOPMENT REVIEW FEE. The Developer of a condominium or planned development shall deposit a sum equal to $500 to the VILLAGE Clerk at the time of application for approval of a Condominium Development Plan or Planned Development Plan.

(6) FINAL PLAT REVIEW FEE. The Subdivider shall deposit a sum equal to $500 to the VILLAGE Clerk at the time of the application for approval of such plat. A re-application fee amounting to the $150.00 shall be paid to the VILLAGE Treasurer at the time of a re-application for approval of any final plat which has previously been reviewed.

(7) ENGINEERING AND INSPECTION FEES. All public improvements proposed to be made under the provisions of this Section shall be inspected during the course of construction by the VILLAGE Engineer. All fees and costs connected with the review of the drawings and specifications for the improvements and inspection of the 44 construction of the improvements, including final approvals and project guarantee reductions, shall be paid by the Subdivider. The Subdivider shall deposit with the VILLAGE Clerk, within seven (7) days of the date of application, a sum of up to Four Thousand Dollars ($4,000.00) for review of project plans. The VILLAGE Clerk shall notify the Subdivider within three (3) days of the date of application, the exact amount of the deposit required.

(8) ADMINISTRATIVE FEE. The Subdivider shall pay to the VILLAGE Clerk, the cost of any legal, administrative or fiscal services incurred by the VILLAGE in connection with its review of any plat or certified survey map. Legal work shall include, without limitation, the drafting of contracts between the VILLAGE and the Subdivider. These fees may also include the cost of obtaining professional opinions including, but not limited to those of attorneys, engineers, landscape architects, and land planners, requested by the VILLAGE Board in connection with the land division being considered.

(9) EFFECT ON NONPAYMENT OF FEES. Notwithstanding any other provision of this Chapter, no final approval of any final plat, condominium or planned development, or certified survey map shall be granted by the VILLAGE Board until such time as all fees imposed under this Chapter have been paid in full, with the exception of construction-related fees. In the case of construction-related fees, the VILLAGE reserves the right to withhold building permits until all fees imposed under this Ordinance have been paid in full.

(10) The Subdivider shall assume the cost of installing all storm servers greater than 24 inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed subdivision. In addition, the subdivider shall pay to the VILLAGE or Sanitary District wherein the subdivision is located a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ration which the total area of the proposed plat is to the total drainage area to be served by such larger sewers.

(11) Developer is responsible for all cost above and beyond the fees required herein.

Established June 15, 2004, Ordinance No. 1006

18.13 ACCEPTANCE PROCEDURE.

(1) SUBSTANTIAL COMPLETION.

(a) Upon written request of the subdivider, and after all the required improvements have been substantially completed, the VILLAGE Engineer shall make an inspection of the work.

(i) The Engineer shall then prepare a Substantial Completion Certificate and Punchlist for correction of items which do not comply with the approved drawings and specifications or Design

45 Standards of the VILLAGE, which need immediate attention. Upon completion of all items listed in the punchlist, the subdivider shall sign and return the Substantial Completion Certificate. If all punchlist items are found to be completed, the VILLAGE Engineer shall notify the VILLAGE Clerk, in writing, that the project has been substantially completed. If items required for substantial completion are not taken care of in a timely manner, the VILLAGE Board reserves the right to make a claim on the developers bond or letter of credit to complete the necessary work, to withhold building and occupancy permits, or both.

(ii) Improvements shall be maintained by the developer until such time as they are accepted by the VILLAGE.

(2) FINAL ACCEPTANCE.

(a) Upon written request of the subdivider, after all the required improvements have been completed and record drawings have been submitted, the VILLAGE Engineer shall make a final inspection of the completed work. Upon acceptance of final work, the record drawing shall be submitted to the VILLAGE.

(i) The Engineer shall then prepare a Final Completion Certification and Final Punchlist for correction of items which do not comply with the approved drawings and specifications or Design Standards of the VILLAGE. Upon completion of all items listed in the final punchlist, the subdivider shall request, in writing, a reinspection. If all punchlist items are found to be completed, the VILLAGE Engineer shall notify the VILLAGE Clerk, in writing, of his recommendation for approval and acceptance of the work. The VILLAGE Clerk shall schedule the acceptance for the next regular VILLAGE Board meeting.

(ii) Prior to final acceptance of the public improvements, the subdivider shall pay any outstanding invoices and submit five percent (5%) guarantee bond, letter of credit or cash deposit for the full value of the public improvements as estimated by the subdivider's engineer and verified by the VILLAGE Engineer. Said bond, letter of credit or cash deposit shall be the developer's guarantee against defects of the public improvements and shall terminate eighteen (18) months after acceptance of the public improvements by the VILLAGE Board.

(iii) Upon acceptance by the VILLAGE Board, the balance of the public improvements construction guarantee, cash or letter of credit and any deposited fees remaining shall be released to the subdivider.

(3) GUARANTEE PERIOD.

(a) Before the end of the eighteen (18) month guarantee

46 period, the VILLAGE Engineer shall make an inspection of the completed work.

(i) The Engineer shall prepare a punchlist for correction of items not meeting VILLAGE standards.

(ii) If deficient items are not corrected by the developer prior to the end of the guarantee period, the VILLAGE Board reserves the right to make a claim on the maintenance bond to complete the necessary work, to withhold building and occupancy permits, or both.

(4) ENFORCEMENT. No plat of any subdivision or condominium, or Development Plan for a planned development shall be entitled to be recorded or conditional use granted until it shall have been approved in the manner prescribed by this Ordinance.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.14 AGREEMENTS.

(1) GENERAL. Prior to making public improvements to any property, a final plat, certified survey map, condominium declaration and plat, or plan for a planned development must be filed for record and be accompanied by the following:

(a) An opinion of probable cost of all public improvements prepared by professional engineers licensed in the State of Wisconsin.

(b) Construction plans and specifications for such improvements previously approved by the VILLAGE Engineer.

(c) Agreements executed by the VILLAGE and the subdivider wherein they agree to make and install the improvements, in accordance with the plans and specifications accompanying the Final Plat.

(d) Letter of credit in the form approved by the VILLAGE in the amount of one hundred twenty-five percent (125%) of the VILLAGE Engineer’s opinion of probable costs of the installation of such improvements and issued by a reasonable financial institution, to be approved by the VILLAGE Board, conditioned upon the installation of the required improvements within two years of the approval of the final plat, or as otherwise agreed to in the Developer’s Agreement. The letter of credit shall only be for improvements in the proposed “phase” being currently constructed or as otherwise necessary to improvements before the commencement of the installation of the improvement.

(e) Maintenance Bond, Letter of Credit or Cash Deposit in an amount not less than 5% of all public improvements, approved by the VILLAGE Engineer, providing guarantee of workmanship and materials. 47 The maintenance bond shall be delivered to the VILLAGE and shall guarantee for a period of eighteen (18) months from the projects final acceptance the public improvements items and improvements of a public nature that are constructed in a private development, including but not limited to streets, ditches, sewer mains, water mains and street lights.

(f) The work schedule for each major phase of work to be performed under this agreement, with estimated starting and completion dates.

(2) REDUCTION OF LETTER OF CREDIT. The Letter of Credit can be periodically reduced by the VILLAGE Board upon recommendation of the VILLAGE Engineer.

(a) The subdivider shall submit to the VILLAGE Engineer a list of completed items and their cost along with copies of Waivers of Lien for the completed items. Upon review of these submittals, the VILLAGE Engineer shall recommend to the VILLAGE Board the reduction in the value of the Letter of Credit to be approved. The amount of the reduced Letter of Credit shall not be less than the estimated cost of completing the improvements. Each reduction requested shall not be more than the value of items estimated in the approved letter of credit guaranty amount.

(b) The 25 percent (25%) contingency shall be held as retainage and not released until acceptance of the project and receipt of the 5 percent (5%) maintenance bond, letter of credit or cash deposit as specified in Section 18.13.

(3) INSURANCE. The subdivider's contractor shall provide and maintain Comprehensive General Liability Insurance which will protect the VILLAGE of Bloomfield and each of its officers, employees, agents, and consultants from claims which may arise out of or result from the performance of work by anyone directly or indirectly employed by the contractor or subcontractor, or by anyone for whose acts the contractor may be liable.

(a) Comprehensive General Liability Insurance shall provide coverage in the amounts as shown in Exhibit C.

(b) The subdivider's contractor shall not commence work until certificates of insurance showing coverage of all insurance required, signed by the insurance companies or their authorized agents have been filed with both the VILLAGE Clerk and VILLAGE Engineer.

(i) With respect to comprehensive general liability insurance, include as additional insureds the VILLAGE and the VILLAGE Engineer, all of whom shall be listed by name as additional insured,

48 and include coverage for the respective officers and employees of all such additional insureds;

(ii) Remain in effect at least until final payment and at all times thereafter when the subdivider may be correcting, removing or replacing defective work in accordance with this Ordinance, and

(iii) With respect to completed operations insurance,shall remain in effect for at least eighteen months after final payment and the subdivider shall furnish the VILLAGE and any other additional insured to whom an insurance policy has been furnished, evidence satisfactory to the VILLAGE and any such additional insured of continuation of such insurance at final payment and one year thereafter.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018; Revised July 2, 2007, Ordinance 1031

18.15 DEFINITIONS.

(1) GENERAL DEFINITIONS. For the purposes of this Ordinance, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory.

(2) SPECIFIC WORDS AND PHRASES.

(a) ALLEY shall mean a special public way affording only secondary access to abutting properties.

(b) ARTERIAL STREET shall mean a street used, or intended to be used primarily for fast or heavy through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.

(c) BLOCK shall mean a tract of land bounded by streets or a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines of navigable waters, and municipal boundaries.

(d) BUILDING LINE shall mean a line parallel to a lot line and at a distance from the lot line to comply with the terms of this Ordinance.

(e) COLLECTOR STREET shall mean a street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets including the principal entrance streets to residential developments.

49 (f) COMMUNITY shall mean a VILLAGE, municipality, or a group of adjacent VILLAGEs and/or municipalities having common social, economic or physical interests.

(g) COMPREHENSIVE PLAN shall mean the extensively developed plan, also called a master plan adopted by the VILLAGE Plan Commission and certified to the VILLAGE Board pursuant to Section 66.1001 of the Wisconsin Statutes, including detailed neighborhood plans, proposals for future land use, transportation, urban redevelopment and public facilities. Devices for the implementation of these plans, such as zoning, official map, land division, and building line ordinances and capital improvement programs shall also be considered a part of the comprehensive plan. (h) CONDOMINIUM shall mean any property subject to a condominium declaration established under Chapter 703 of Wisconsin Statutes.

(i) CONDUIT shall mean a buried pipe for the installation of wires or cables or the conveyance of gas, water, storm water or sewage.

(j) CONTRACTOR shall mean an individual, company, firm or other party or organization who contracts to physically construct all or a portion of a project for either a Subdivider or the VILLAGE.

(k) CUL-DE-SAC shall mean a local street with only one (1) outlet and having an appropriate turn-around for the safe and convenient reversal of traffic movement.

(l) DESIGN ENGINEER shall mean the individual or firm retained by the Subdivider who is responsible for the design and preparation of construction documents for a project.

(m) DEVELOP shall mean the conversion of raw land into an area suitable for residential, recreational or business purposes or to alter the characteristics of an area so as to make the same suitable for new or different residential, recreational or business purposes.

(n) DEVELOPER shall mean one who develops land.

(o) EASEMENT shall mean a grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.

(p) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION shall mean the unincorporated area within one and one-half (12) miles of a fourth-class city or a village and within three (3) miles of all other cities.

(q) FIELD INSPECTOR shall mean an individual, company or firm appointed by the VILLAGE to observe construction for compliance with approved drawings and specifications.

50 (r) FLOOD PROTECTION ELEVATION shall mean an elevation two (2) feet above the elevation of the 100-year recurrence interval flood.

(s) FLOODLANDS shall mean those lands, including the channels, floodways, and floodplain fringe of any given reach, which are subject to inundation by a flood with a given recurrence frequency.

(t) FRONTAGE shall mean the smallest dimension of a lot abutting a public street measured along the street line.

(u) FRONTAGE STREET shall mean a minor street auxiliary to and located on the side of any arterial street for control of access and for service to the abutting development.

(v) HIGH-WATER-MARK shall mean the average annual high water level of a pond, stream, lake, flowage, or wetland ordinary high-water-mark shall have that meaning specified in the Wisconsin Administrative Code NR 115.03(6) or as otherwise provided by the DNR, referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinct mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic, or vegetative characteristic.

(w) LOT shall mean a parcel of land of at least sufficient size to meet minimum zoning requirements for use, width, and area as set forth in this and County Ordinances.

(x) LOT, CORNER shall mean a lot abutting two (2) or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

(y) LOT, DOUBLE FRONTAGE shall mean a lot, other than a corner lot, with frontage on more than one (1) street. Double frontage lots shall normally be deemed to have two (2) front yards, two (2) side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure.

(z) MINOR LAND DIVISION shall mean any division of land not defined as a "subdivision". Minor land divisions include the division of land by the owner or subdivider resulting in the creation of two (2), but not more than four (4), parcels or building sites, or the division of a block, lot or outlot within a recorded subdivision plat into not more than four (4) parcels or building sites without changing the exterior boundaries of said block, lot or outlot.

(aa) MINOR STREET shall mean a street used, or intended to be used, primarily for access to abutting properties. 51

(ab) MUNICIPALITY shall mean an incorporated village, city, or VILLAGE.

(ac) NATIONAL MAP ACCURACY STANDARDS shall mean standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities. These standards have been fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal and Vertical Survey Control in Southeastern Wisconsin.

(ad) NAVIGABLE WATERS shall have that meaning provided by Wisconsin’s Administrative Code NR 115.03(5) or as otherwise provided by the DNR.

(ae) OUTLOT shall mean a parcel of land, other than a lot or block, so designated on the plat, but not of standard lot size, which can be dedicated to the public.

(af) PARKWAY shall mean that area of a street right-of-way between the back of curb or pavement edge and the right-of-way line intended for use primarily by pedestrian traffic or roadside ditches and developed in a park-like character.

(ag) PLANNED DEVELOPMENT shall mean any proposed residential or commercial-recreation business use involving the development of land pursuant to a plan approved by the zoning agency, other than by subdividing.

(ah) PUBLIC WAY shall mean any public road, street, highway, walkway, drainageway, or part thereof.

(ai) RECORD DRAWINGS shall mean design drawings checked in the field and which are revised to show as-constructed location, elevation, grading and specification of material for improvements and utilities, certified by a licensed professional.

(aj) RELEASE RATE shall mean the controlled rate at which storm water is released from a holding reservoir.

(ak) REPLAT shall mean the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat, certified survey map, or part thereof. The division of a large block, lot or outlot within a recorded subdivision plat or certified survey map without changing the exterior boundaries of said block, lot, or outlot is not a replat.

(al) SHORELANDS shall have that meaning provided by Wisconsin’s Administrative Code NR 115.03(8) or as otherwise provided by the Department of Natural Resources.

52 (am) SINGLE PURPOSE ROAD shall mean any road or driveway which primarily serves a single parcel of property and is determined by the State of Wisconsin Department of Transportation, to be ineligible for highway aids to the VILLAGE.

(an) SOIL MAPPING UNIT shall mean soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service).

(ao) STANDARD SPECIFICATIONS shall mean the most current edition of the State of Wisconsin, Department of Transportation Standard Specifications for Highway and Structure Construction, which shall be used in conjunction with the specifications of the VILLAGE.

(ap) STORM WATER DETENTION BASIN shall mean a reservoir for the temporary storage of storm water.

(aq) STORM WATER RETENTION BASIN shall mean a reservoir for the permanent storage of storm water.

(ar) SUBDIVIDER shall mean any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor land division (Certified Survey Map) or replat, responsible for preparing and recording the plats of the subdivision and for complying with these requirements. The term Subdivider encompasses the work "Developer" and the two words may be used interchangeably for the purpose of the standards set forth in this ordinance.

(as) SUBDIVISION shall mean the division of a lot, parcel or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five (5) or more parcels or building sites of fifteen (15) acres each or less in area; or where the act of division creates five (5) or more parcels or building sites of fifteen (15) acres each or less in area by successive division within a period of five (5) years.

(at) SUBSTANTIAL COMPLETION shall mean improvements are considered to be substantially complete when they can be utilized for the purposes for which they were intended, as determined by the VILLAGE.

(au) SURETY BOND shall mean a bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider.

(av) SWALE shall mean a ditch or surface drainage channel meeting certain specific criteria as established herein for the surface movement of storm water.

53 (aw) VILLAGE ENGINEER shall mean the individual or firm appointed or contracted by the VILLAGE who is licensed to practice professional engineering in the State of Wisconsin and is responsible for reviewing subdivision plans on behalf of the VILLAGE, recommends changes from time to time to these Design Standards and performs other duties as directed by VILLAGE Ordinance.

(ax) WETLANDS shall have that meaning provided by Wisconsin’s Administrative Code NR 115.03(13) or as otherwise provided by the Department of Natural Resources.

(ay) WISCONSIN ADMINISTRATIVE CODE shall mean the rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system as directed by Section 35.93 and Chapter 227 of Wisconsin Statutes, including subsequent amendments to those rules.

Established April 15, 2004; Revised June 15, 2004, Ordinance 1006; Revised June 6, 2005, Ordinance No. 1018;

18.16 IMPACT FEES

(1) PUBLIC FACILITIES ASSESSMENT. In accordance with Section 66.0617 of the Wisconsin Statutes, the Village of Bloomfield has prepared a needs assessment regarding selected public facilities for which impact fees may be imposed. A copy of the reports “Public Facilities Needs Assessment: Parks, Police, Fire and Rescue for the Village of Bloomfield” and “Needs Assessment Study for Park Impact Fee” are on file and available in the Clerk’s office. (2) DEFINITIONS. The definitions set forth in Section 66.0617 of the Wisconsin Statutes, and any amendments thereto are incorporated and made a part of this section as though fully set herein. (3) FEES. An impact fee shall be imposed with this ordinance and Section 66.0617 of the Wisconsin Statues by the Village of Bloomfield upon any person applying for a building period for residential construction with the Village of Bloomfield that results in an increase in the number of residential equivalent units in the Village of Bloomfield. An impact fee shall be charged for each additional residential equivalent unit resulting from the construction. (4) STANDARDS FOR FEE. In accord with Wisconsin Statutes, the Village of Bloomfield adopts the following standards for impact fees imposed under this ordinance. Impact fees adopted by the Village of Bloomfield: a) Shall bear a rational relationship to the need for new, expanded, or improved public facilities that are required to serve land development. b) May not exceed the proportionate share of the capital costs that are required to serve land development as compared to existing uses of land with the Village of Bloomfield.

54 c) Shall be based upon the actual capital costs or reasonable estimates of capital costs for new, expanded, or improved public facilities. d) Shall be reduced to compensate for other capital costs imposed by the Village of Bloomfield with respect to land development to provide or pay for public facilities including special assessments, special charges, land dedications, or fees in lieu of land dedication under Chapter 236, Wisconsin Statutes, or any other items of value. e) Shall be reduced to compensate for money received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed. f) May not include amounts necessary to address existing deficiencies in public facilities. (5) COLLECTION. Impact fees shall be collected as follows: a) Impact fees will be collected in full by the Village Clerk from the property owner before a building permit is issued. b) Impact fees will also be collected when a building permit is issued if land is converted from existing residential units to additional residential units. (6) LOW-COST HOUSING. No exemptions shall be made on land development that provides for low-cost housing. (7) FEE SCHEDULE. Impact fees for public police, fire and rescue facilities will be collected for industrial, commercial, or institutional issues as the demand for public facilities are equally generated by these developments in the Village. Impact fees shall be based upon a residential equivalent unit (REU) with each separate dwelling unit equal to one (1) REU. Impact fees for industrial, commercial, or institutional development shall be based on the size of the development compared to new residential development. The average size of a new house is 2,000 square feet. The area of the new industrial, commercial, or institutional development shall be divided by 2,000 square feet to determine the number of REUs to be charged to the development. This number shall be left to the discretion of the Village of Bloomfield Building Inspector and may be reduced if appropriate, depending on the service requirements of the new development. The number of REU’s for residential properties shall be the number of separate dwelling units assigned by the Village of Bloomfield Building Inspector. New residential development shall be charged all three fees. The impact fees for each type of public facility are as follows: a) Capital costs for Parks and Open Space Systems, including construction: $908 per residential unit. Credit shall be given for the amount of any Park Fees previously paid to the Village of Bloomfield pursuant to Section 18.17 of the Municipal Code with respect to the lot or parcel for which a building permit is sought.

55 b) Capital costs for the Police Department, including land and buildings: $516 per residential unit. Credit shall be given for the amount of any Police Department Fees previously paid to the Village of Bloomfield pursuant to Section 18.17 of the Municipal Code with respect to the lot or parcel for which a building permit is sought. c) Capital costs for the Fire and Rescue Department, including land and buildings: $773.00 per residential unit. Credit shall be given for the amount of any Fire and Rescue Department Fees previously paid to the Village of Bloomfield pursuant to Section 18.17 of the Municipal Code with respect to the lot or parcel for which a building permit is sought. (8) SEPARATE FUND ESTABLISHED. The Village shall establish and maintain a segregated, interest-bearing account for each category of impact fees collected by it. Such funds shall be accounted for separately from other funds of the Village. Impact fees and interest earned on impact fees may be expended only for capital costs for which the impact fees were imposed. (9) REFUND OF FEE. Any impact fee imposed and collected under this ordinance which is not expended for committed for expenditure within ten (10) years from the date the impact fee was paid shall be refunded to the current property owner upon which said impact fee was imposed. The Village Board has determined the ten-year period to be appropriate for planning and financing the selected public facilities for which the impact fees are imposed. (10) FEE REVIEW. The fee schedule set forth in this ordinance may be reviewed by the Village Board at any time as a result of changes in facility needs, inflation, revised cost estimates, capital improvements, changes in other funding sources and other relevant factors, and in accordance with the standards for impact fees in Section 66.0617(6) of the Wisconsin Statutes. (11) APPEAL. A person upon whom an impact fee is imposed, within fifteen (15) days of the imposition of the impact fee, may contest the amount, collection, or use of the impact fee by filing a written request with the Village Clerk describing the nature of said appeal, providing supporting documentation, and specifying the basis upon which the appeal is taken. At the next regular Village Board meeting, the Village Board shall notify the appealing party of the time and place of the Village Board meeting at which time the appealing party shall be given the opportunity to present additional information in support of the appeal. (12) SEVERABILITY. If any portion of this Section is declared illegal or invalid for any reason, that illegally or invalidity shall not affect the remaining legal and valid portions of this ordinance which shall remain in full force and effect.

Adopted June 15, 2004, Ordinance No. 1015; Revised July, 2, 2007, Ordinance No. 1033;Repealed & Recreated September 9, 2013, Ordinance No. 2013-O-09 56 APPENDIX A - DESIGN STANDARDS

SECTION 1.0 - ENGINEERING AND ADMINISTRATIVE PROCEDURES

1.1 INTRODUCTION

These standards have been prepared to insure that the design and construction of public improvements will meet the minimum requirements of the Town. The intent of Section 1 is to provide an overview of requirements and procedures required by the Land Division Ordinance, which govern the design and construction of public improvements. These standards are also intended to provide uniform design criteria for facilities designed for or directly by the Town, as well as provide specifications for private development within the Town. These standards shall also apply to previously platted subdivisions where improvements have not yet been installed.

1.2 DEFINITION OF TERMS (See Section 18.15 of the Land Division Ordinance)

1.3 SCOPE

In addition to the Town, the review and approval of contract documents for certain types of improvements may also fall within the jurisdiction of other public agencies. These standards are not intended as a substitute for the requirements of other public agencies. It shall be the Subdivider's responsibility to insure that the proposed contract documents meet the requirements of all other public agencies and that any and all permits and bonds required by such agencies are secured.

1.4 PRE-DESIGN CONFERENCE

It is recommended that after preliminary plat approval and prior to the development of detailed drawings, the Subdivider and the Design Engineer meet with the Town Engineer to review Town requirements and any other proposed projects or existing conditions that may affect the final project design. The request for this preliminary meeting, if desired, shall be initiated by the Design Engineer.

1.5 DRAWING PREPARATION REQUIREMENTS

All drawings submitted for approval shall bear the name of the Design Engineer, his/her signature, the imprint of the Professional Engineer seal, and his/her address and telephone number. Where feasible, drawings shall consist of 24-inch x 36-inch sheets. Drawings shall be clear and legible, and shall be drawn to a conventional, even scale which will permit all necessary information to be plainly shown. All elevations shall be referenced to National Geodetic Vertical Datum (mean sea level) datum where available and benchmarks shall be noted. All improvements proposed for use on the project shall be indicated on the drawings. All proposed improvements and all existing municipal and privately owned utilities shall be shown in both plan and profile.

1.6 SPECIFICATION REQUIREMENTS

A. Technical specifications shall be complete in themselves, except that appropriate specific sections of the most recent edition of the “Standard Specifications for Highway and Structure Construction”, as published by the Department of Transportation, State of Wisconsin, (WDOT Standard Specifications), the “Standard Specifications for Sewer and Water Construction in Wisconsin”, published by the Public Works Industry Improvement Program, and the various standard published material specifications prepared by associations such as the “American Society for Testing and Materials” (ASTM) or the “Concrete Reinforcing Steel Institute” (CRSI), may be incorporated by reference.

B. The specifications shall include, but not be limited to, all information not shown on the drawings which is necessary to establish in detail the quality of materials and work required in the project, allowable parameters for testing the various parts of the project and instructions for testing material and equipment. Wherever there is conflict between the written specifications and the drawings, the more stringent requirements, as determined by the Town, shall apply.

C. The specifications shall include a clause that all work included shall be guaranteed by the Contractor to be free from defects in construction and materials for a period of one (1) year after completion of all construction items. The specifications shall include a statement that all work was performed in conformance with the approved drawings and specifications. A statement of comprehensive liability insurance shall also be provided as required in Section 18.14(3) of the Land Division Ordinance. 1.7 DESIGN COMPUTATION REQUIREMENTS

A. Design computations shall be made by the Design Engineer for all phases of the project when such computations are required to facilitate review by the Town Engineer. Said computations shall be neat and legible and in a form considered acceptable by the Town Engineer. Said computations shall include, but not necessarily be limited to, the following:

1. Detention, Retention or Infiltration Basin Design 2. Temporary and Permanent Erosion and Sediment Control Designs 3. Storm Sewer System Design Including Inlet Capacity 4. Road and Driveway Culverts 5. Drainage Ditch Design 6. Water Quality Facility Designs

1.8 OPINION OF PROBABLE COST

The Design Engineer shall prepare an itemized opinion of the probable cost of the work. The opinion shall delineate public and private (onsite) improvements when applicable. This opinion of probable cost shall be submitted with the construction plans and reviewed by the Town Engineer to assure adequate bond amounts and to set the review fees.

1.9 OTHER PERMIT APPLICATIONS AND APPROVALS

Other governmental agencies may review and approve, for construction, all or certain parts of the work included in a project and may require a permit for such work. They may also require that an application for a permit be executed by the Town. When such permit application is required, it shall be prepared by the Design Engineer. All required permits and necessary authorizations from other governmental agencies shall be secured by the subdivider.

1.10 REVISIONS TO APPROVED DRAWINGS AND SPECIFICATIONS

Any deviations from previously approved drawings or specifications affecting capacity, stability or operation of the system shall be approved in writing by the Town Engineer before such changes are made. Minor changes not affecting capacity, stability or operation of the system will not require formal approval, but must be approved in writing by the Town Building Inspector or Town Engineer. 1.11 CONSTRUCTION SUPERVISION

The Town Engineer shall conduct construction review of all utilities and improvements, that when completed, shall be dedicated to the Town. This includes, but is not limited to, streets and roadways, underground utilities, storm water management facilities and mass grading. Performance certifications and as-built drawings shall be the responsibility of the design engineer or other independent professionals employed by the subdivider.

1.12 EXISTING FACILITIES

Drawings and specifications shall provide for the continuous operation of existing facilities without interruption during construction, unless otherwise specifically authorized by the Town Engineer.

1.13 RECORD DRAWINGS

Reproducible record drawings signed and sealed by the Design Engineer or other independent professional employed by the Subdivider shall clearly show any and all changes from the approved drawings. The record drawings shall be based on actual measurements of both horizontal and vertical dimensions, made after the completion of the work. Record drawings shall be submitted to the Town Engineer upon final acceptance of the work.

1.14 WAIVER OF DESIGN STANDARDS

Where conditions so warrant, the Town Plan Commission of the Town of Bloomfield may consider waiving any of the requirements found in these standards upon appeal by the Subdivider, per Section 18.02(5) of the Land Division Ordinance.

SECTION 2.0 EROSION CONTROL

2.1 INTRODUCTION

Project construction required in connection with a development often occurs in or adjacent to areas with existing surface or underground improvements. The intent of this Section 2 is to specify Town requirements relative to construction affecting existing and future improvements. Drawings and specifications presented for Town approval shall provide for the implementation of the requirements of this Section.

2.2 EROSION CONTROL

A. Erosion and sediment control due to run-off, equipment leaving and entering a construction site, wind, etc., are required for all construction. Site engineering or grading plans for projects shall either contain specific provisions for erosion control or a separate erosion control plan. The provisions or plan will follow accepted techniques and details as found in the "Wisconsin Construction Site Best Management Practice Handbook", or as directed by the Town Engineer.

B. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet/second across the disturbed area based upon a ten-year, 24-hour design storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. Diverted runoff shall not create adverse effects to neighboring properties.

C. All activities on the site shall be conducted in logical sequence to minimize the area of bare soil exposed at any one time.

D. Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsections 1 and 2 or 1 and 3 below:

1. All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding, temporary or permanent seeding and mulching, sodding, covering with tarps or equivalent control measures. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the WDNR=s Wisconsin Construction Site Best Management Handbook or the National Resources Conservation Service technical standards. Variances from the requirements of this subsection may be granted by the Town Engineer upon application, but only if failure to comply is due to extended period of rain or other construction delays beyond the control of the responsible party. 2. For sites with five or more acres disturbed at any one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall be designed and constructed as specified in the WDNR=s Wisconsin Construction Site Best Management Practice Handbook or in accord with Natural Resources Conservation Service Technical Standards manual.

3. For sites with two to five acres disturbed at any one time, one or more temporary sediment trap shall be designed and constructed as specified in the WDNR=s Wisconsin Construction Site Best Management Practice Handbook or in accord with Natural Resources Conservation Service Technical Standards manual.

4. For all disturbed sites, filter fences, straw bales or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.

E. Runoff from sites on slopes of 12 percent or more slope may require additional or different erosion controls. Requirements for such shall be as specified in accord with Natural Resources Conservation Service Technical Standards or the WDNR=s Wisconsin Construction Site Best Management Practices Handbook.

F. No soil or dirt storage pile containing more than ten cubic yards of material shall be located within a down slope drainage length of less than 25 feet to a street, highway, roadway or channel. Immediately below such piles, on the down slope side, straw bales or filter fence barriers shall be placed. If such storage piles are to remain in place for more than 30 days, they shall be stabilized by mulching, vegetative cover, tarps or other means. In street utility repair or construction work, soil or dirt piles located closer than 25 feet to a street, highway or roadway or drainage channel shall be covered with tarps or suitable alternative control measures are to be used if such piles are exposed for more than seven days at a time, and storm drain inlets must be protected from sediment laden runoff. 2.3 MAINTENANCE OF CONTROL MEASURES

A. All soil erosion and sediment control measures necessary to meet the requirements of this ordinance shall be maintained periodically by the applicant or subsequent land owner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance. The erosion control measures shall be inspected after each 0.5 inches or more of rainfall and at least once each week. Repairs shall be made within 24 hours of discovery.

B. At the completion of any project, the storm sewers, culverts, gutters, etc., will be inspected by the Town Engineer to determine any cleaning of trapped sediment which may be required.

C. Once all disturbed areas have been vegetated, the temporary erosion control measures shall be removed. Land disturbed by the removal of the temporary erosion controls shall be restored.

2.4 INSPECTION

A. The Town Engineer shall make periodic inspections of the erosion and sediment control measures. The Town Engineer shall notify the permittee wherein the work fails to comply with erosion and sedimentation control plan as approved. Approved plans for grading, stripping, excavating, and filling of the site shall be maintained at the site during progress of the work.

2.5 SPECIAL PRECAUTIONS

A. If at any stage of the development site that the Town determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the Town may require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional erosion and sediment control facilities, berms, terracing, compaction, or crimping, installation of plant materials for erosion control, and recommendations of a soils engineer which may be made requirements for further work.

B. Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. In large developments or where unusual site conditions prevail, the Town may specify the time of starting of grading and time of completion or may require that the operations be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains.

2.6 PROTECTION OF PROPERTY AND SURFACE STRUCTURES

A. Trees, shrubbery, fences, poles and all other property and surface structures shall be protected during construction operations. Any fences, poles or other man made surface improvements which are moved or disturbed shall be restored to their original condition, after construction is completed. A tree preservation plan may be required for all areas of a project that will be affected by the development activity. The plan shall show the location and trunk diameter of all trees of a diameter breast height (DBH) of 10-inches and larger. The plan shall be taken to the extent practicable to preserve healthy trees over 10-inches DBH. Any trees, shrubbery or other vegetation which are approved for removal shall be removed completely, including stumps and roots.

B. Where trees which are to remain, proper care should be taken during excavation operations. Do not machine excavate in the "root protection zone" defined as a circle around the tree with a radius equal to one foot for every inch of tree diameter. Roots encountered outside this zone which are over 2-inch diameter shall not be cut unless approved by the Town Engineer. Tree tunneling, where necessary, shall be determined by the Town Engineer. Shrub and tree limbs shall be tied back to prevent loss or damage. Any damaged limbs and branches shall be pruned and sealed. Spoil materials shall be removed by hand from around trees to prevent damage to trunks by construction machinery.

C. Trees and shrubs which cannot be protected or are damaged during construction shall be replaced in kind or replace 4-inch diameter and larger trees with one 4-inch diameter size tree for each 6-inch of original tree diameter or fraction thereof. Replacement species shall be approved by the Town. 1. Trees which do not survive (in good condition) for a period of 24 months after planting shall be removed and replaced.

2.7 CONTENT OF EROSION CONTROL PLAN

The content of an erosion control plan for land developing and disturbing activities shall be as follows:

A. Existing Site Conditions. The plan must show existing site conditions on a scale of at least one inch equals 100 feet showing the site and surrounding areas. The map shall depict accurately:

1. Site boundaries and adjacent lands which accurately identify site locations.

2. Lakes, streams, wetlands, channels, ponds, ditches or other watercourses on and immediately adjacent to the site.

3. 100-year floodplains, flood fringes and floodways.

4. Location of the predominant soil types.

5. Vegetative cover.

6. Location and dimensions of storm water drainage systems and natural drainage patterns on and immediately adjacent to the site.

7. Locations and dimensions of utilities, structures, roads, highways and paving.

8. Site topography at a contour interval not to exceed two feet when construction site has more than five acres of drainage or has a ten percent slope or greater. All sites within County regulated 75 foot shoreland setback areas must show 2 foot existing and proposed contours for any proposed grade changes. Areas with less than five acres or less than ten percent slope shall not require any topography map unless the site requires storm water review according to applicability of this article. Both existing and proposed contours must be shown on the same plan to the same scale.

B. Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes. C. Site Construction Plan. A site construction plan including:

1. Locations and dimensions of all proposed land disturbing activities.

2. Locations and dimensions of all temporary soil or dirt stockpiles.

3. Locations and dimensions of all construction site erosion and sediment control measures necessary to meet the requirements of this article.

4. Schedule of anticipated starting and completion date of each land disturbing or land developing activity, including the installation of construction site control measures needed to meet the requirements of this article.

5. Provision for maintenance of the construction site control measures during construction.

SECTION 3.0 RESTORATION OF EXISTING IMPROVED SURFACES

3.1 GENERAL

The Contractor shall restore all permanent type pavements, sidewalks, driveways, curbs, gutters, trees, shrubbery, lawns, fences, poles and other property and surface structures removed or disturbed during or as a result of construction operations to a condition that existed before the work began. The surface of all improvements shall be constructed of the same material and match in appearance the surface of the improvements which were removed.

3.2 SAW CUTTING

When necessary to remove sections of existing pavement, sidewalk, or curb and gutter, and prior to removal of existing pavement, the edges of the section to be removed shall be cleanly cut to full depth with a pavement saw. Prior to any pavement restoration, any unsawn edges shall be cleanly cut to full depth with a pavement saw. Saw cutting should be performed with cuts that are parallel to or perpendicular to the longitudinal edge or centerline of the pavement, sidewalk, driveway, or curb and gutter. 3.3 REMOVAL OF ROADWAY PAVEMENTS, SIDEWALKS, DRIVEWAY AND CURB

Where concrete pavement, sidewalk, driveway or curbing is cut, the width of the cut shall exceed the actual width of the top of the trench at subgrade by twelve (12) inches on each side. Exposed surface of Portland Cement or asphaltic concrete shall be cut with a pavement saw to full depth before removal.

3.4 CONCRETE PAVEMENT SURFACE

Existing Portland cement concrete shall be replaced with a minimum 8 inch depth of Portland cement concrete pavement. If the existing concrete pavement is thicker than 8 inches, the thickness of new concrete pavement shall match the thickness of the existing concrete pavement. The new concrete pavement shall be tied to existing concrete pavement using #4 steel reinforcing tie bars spaced 2 feet on center. Existing traverse contraction joints shall perpetuate through the new concrete pavement section using dowel bars instead of #4 steel reinforcing bars in accordance with WDOT Standard Specifications. Portland Cement concrete and construction methods for Portland Cement concrete pavement shall conform to the current requirements of the (WDOT) Standard Specifications. Pavement joints and reinforcing in the replacement pavement shall conform to and match that in the adjacent pavement area.

3.5 ASPHALTIC CONCRETE PAVEMENT SURFACE

A. Where the existing pavement surface is asphaltic concrete and the base consists of a rigid material such as brick or Portland Cement concrete, the base replacement shall consist of 8-inch Portland Cement concrete base course. Portland Cement concrete shall be as noted in Section 3.4 above.

B. Asphalt pavement replacement shall consist of a minimum 4 inch thick asphaltic concrete pavement placed in two (2) layers. The lower layer shall be a minimum 2-1/4 inches in thick. The upper layer shall be a minimum 1-3/4 inches thick. If the existing asphaltic concrete pavement is thicker than 4 inches, the thickness of new asphalt pavement shall match the thickness of the existing asphalt pavement. Lower layer thickness shall not exceed 4 inches in depth and upper layer thicknesses shall not exceed 3 inches. All asphaltic concrete pavements shall comply with WDOT specifications. 3.6 BASE COURSE

All base courses shall be replaced with dense graded base aggregate conforming to WDOT Specifications. The minimum depth of dense grade based placed under roadways shall be a minimum of 10 inches when placed under asphaltic concrete pavement and a minimum of 6 inches when placed under concrete pavement. If the existing base course is thicker than as stated above, the base course thickness shall be that of the existing base course.

3.7 CONCRETE SIDEWALKS, DRIVEWAYS, CURB, CURB AND GUTTER

A. Where necessary to remove and replace concrete sidewalk, driveways, curb and curb and gutter, replacements shall be made according to the Town Ordinance regulating the construction of driveways, approaches and sidewalks.

B. Curb or curb and gutter dimensions and cross sections shall be replaced to meet “Americans with Disabilities Act” specifications. Preformed expansion joints in sidewalks shall be one-half inch thick and shall be spaced at intervals not exceeding 96 feet. Expansion joints in concrete curb and gutter shall be placed to match any existing expansion joints, at radii ends, and 3 feet either side of storm water structures. Concrete curb and gutter expansion joints shall be three-quarter (3/4) inch preformed joints. Contraction joints shall be saw cut a minimum 2 inches deep and spaced to match preformed joints. Contraction joints shall be saw cut a minimum 2 inches deep and spaced at intervals of 20 feet. Contraction joints in concrete sidewalk shall be saw cut a minimum one (1) inch deep and spaced at intervals of a minimum of 4 feet and a maximum of 10 feet. Sidewalks shall be finished in accordance with WDOT Specifications.

3.8 CULTIVATED LAWNS

Provide topsoil, seeding, sodding, and care of grass during establishment period for a complete surface restoration of lawns, parkways, and other areas disturbed as a result of the construction.

A. Topsoil

1. Topsoil shall be furnished and properly placed, raked, and rolled to minimum depth of 4-inches. The topsoil furnished shall consist of loose, friable, loamy, non-acid soil, free of large roots, brush, sticks, weeds, stones larger than 1/4-inch in diameter, and any other debris. 2. Before topsoil is placed, the area to be covered shall be brought to the proper grade. If the existing surface has become hardened or crusted, it shall be raked or otherwise loosened to provide suitable bond with the topsoil.

3. Apply commercial grade fertilizer uniformly at a rate of seven (7) pounds per 1,000 square feet. Work fertilizer into soil prior to seeding or sodding.

B. Sodding

1. Provide sod in developed areas that were grassed prior to construction and as indicated on the drawings. Sodding shall also be used in ditches and drainage swales and on all embankment slopes steeper than 4 to 1 unless protection is provided against erosion of seeding. At the Contractor's option, sodding may be substituted for seeding.

2. The cut sod shall be not less than 2-inches thick. Sod which has been cut more than 48 hours prior to installation shall not be used without the approval of the Town Engineer.

3. Sod shall be placed according to Section 631 of the (WDOT) Standard Specifications. Place sod with edges in close contact and alternate courses staggered. On slopes 2 to 1 or steeper, sod shall be staked with at least one stake for each piece of sod. Do not place sod when the ground surface is frozen or when air temperatures may exceed 90 degrees F.

4. New sod shall be watered daily at the rate specified in Section 631 of the (WDOT) Standard Specifications for a minimum of 10 days after the specified initial watering. Any defective, dead or dying sod shall be removed and replaced up to one year after completion of the sodding.

5. In ditches, the sod shall be placed with the longer dimension perpendicular to the flow of water in the ditch. On slopes, starting at the bottom of the slope, the sod shall be placed with the longer dimension parallel to the contours of the ground. C. Seeding

1. All disturbed grassed areas shall be seeded in accordance with WDOT Specifications. Seed may be sowed by broadcasting at a uniform rate or by spreading using hydro seed methods. Seed may be sown at any time during the growing season and as weather permits. Seeding shall not be performed during windy conditions or on frozen soil.

2. Apply vegetative mulch unless hydraulic seeding method is used. Apply mulch in accordance with Section 627 of the (WDOT) Standard Specifications. Place erosion control mats on slopes steeper than 4 horizontal to 1 vertical. Unless otherwise indicated, also place erosion control material at sides and bottoms of ditches, swales, and all areas within 10 feet of catch basins in seeded areas.

3. Immediately after placing erosion control matting or mulch, water seeded areas thoroughly. Keep soil thoroughly moist until seeds have sprouted and achieved a growth of 1-inch.

SECTION 4.0 UNDERGROUND IMPROVEMENTS

4.1 INTERRUPTION TO UTILITIES AND DAMAGE TO SURFACE IMPROVEMENTS

A. A minimum of 48 hours prior to commencement of work, the Town, Sanitary District and Diggers Hotline (1-800-242-8511) must be notified for location of any existing utilities. All reasonable precautions shall be taken against damage to existing utilities. No work shall commence until all known underground utilities are located and marked in the field.

B. In the event of a break in an existing gas main, sewer or underground cable, the Contractor shall immediately notify a responsible official from the organization operating the utility interrupted. The Contractor shall lend all possible assistance in restoring services and shall assume all costs, charges or claims connected with the interruption and repair of such services unless it is determined that the utility has not been properly located.

C. In the case of the Town utilities, the cost of such work will be billed to the Contractor. 4.2 TRAFFIC CONTROL

A. All work within public rights-of-way shall conform to the requirements of the latest edition of the (WDOT) “Standard Specifications for Highway and Structure Construction”. The provisions of these standards will be enforced:

1. When an opening is made into the existing pavement,

2. When construction takes place adjacent to the edge of the existing pavement,

3. When a utility crossing is made beneath the existing pavement, and

4. When it is necessary to close a lane of traffic due to construction operations.

B. Permission for land or road closure must be obtained from the Town Board Chairman prior to commencing construction. Signing will be required in strict conformance with the “Manual on Uniform Traffic Control Devices,” published by the Federal Highway Administration. No construction operation is to commence until such time that all required signs and barricades have been erected.

4.3 PAVEMENT CROSSING

A. Unless otherwise specifically approved by the Town Engineer, all conduits crossing existing pavements shall be installed by tunneling, jacking or auguring. When the carrier pipe is a conduit intended to operate under internal pressure, a casing pipe of adequate strength for all applied loads shall be used. The nearest face of pits or other open excavations on each side of a traveled pavement shall be at least 10 feet from the edge of the pavement.

B. When open cutting is allowed or other pavement opening required, they shall be backfilled prior to the end of the working day unless otherwise authorized by the Town. All excavations shall be backfilled with 3/4-inch crushed stone chips and a temporary bituminous patch of at least 2-inches in thickness shall be constructed. It is understood that such backfilling and patching is only temporary and that permanent pavement repair will be required as specified in Section 3 of this Appendix. In lieu of a bituminous patch, a steel plate (minimum depth of 1-inch of thickness) over the excavation may be approved upon request by the Contractor.

4.4 UTILITY LOCATIONS

A. Sanitary sewers in proposed streets shall be located in the centerline of the right-of-way or as approved by the Sanitary District. Sanitary sewers in existing pavements shall, where possible, be located in the gravel shoulder 4 feet from the edge of the pavement. The shoulder portion within 3 feet of manhole covers shall be paved with the same material used in construction of the roadway.

B. All utility lines, conduits or cable for electric, telephone, cable television and other communication services should generally be placed along the rear lot lines of the subdivision and be placed a minimum of 24 inches underground within easements, or within 10 feet of the right-of-way line of dedicated public ways as recommended by the Town Engineer and as approved by the Town Plan Commission in conjunction with the approval of any final plan of subdivision, condominium or planned unit development. All transformer boxes shall be located so as not to be hazardous to the public.

C. Gas lines and facilities shall be, where possible, installed parallel to and within 10 feet of the inside of the right-of-way.

4.5 TRENCHING

A. Trenches shall be excavated to the depths and grades necessary for pipelines including allowances for bedding material.

B. As determined by the Town Engineer, unsuitable soils found at or below the bottom of the trench shall be excavated and replaced with crushed stone per Section 3.2.2 of “Standard Specifications for Sewer and Water Construction in Wisconsin”.

C. Gas lines and facilities shall be, where possible, installed parallel to and within 10 feet of the inside of the right-of-way.

4.6 BRACING AND SHEETING

Open-cut trenches shall be sheeted and braced as required by the “Standard Specifications for Sewer and Water Construction in Wisconsin,” and governing federal and state laws including all OSHA Safety and Health Standards (29CFR 1926/1910), and as may be necessary to protect life, property and the work.

4.7 BEDDING AND BACKFILL REQUIREMENTS

A. Bedding

Bedding shall be provided for all underground pipelines, except where concrete encasement, concrete cradles, boring or jacking are indicated. Bedding requirements shall conform to the “Standard Specifications for Sewer and Water Construction in Wisconsin”.

B. Backfill

Backfilling of utility trenches shall conform to the requirements specified in the “Standard Specifications for Sewer and Water Construction in Wisconsin.”

SECTION 5.0 STORM WATER DRAINAGE

5.1 INTRODUCTION

All developments, regardless of size within limits or under the control of the Town, shall include provisions for the construction of storm water drainage facilities designed in accordance with this Section. The design of all storm water drainage facilities proposed for construction as independent projects under the control of the Town shall also meet the technical requirements of this Section.

5.2 GENERAL PROJECT REQUIREMENTS

A. Post-development release rates for two, ten and 100 year, 24 hour storm events must be no greater than the pre-development natural state discharge from the site. Runoff curve numbers for pre-development land use calculations must be consistent with natural state hydrologic soil groups on site. Determination of peak flow rates and volume of runoff for purposes of meeting the requirements of this article shall be computed by procedures described in technical release 55 published by the Engineering Division, United States Natural Resource Conservation Service, United States Department of Agriculture, June 1992. Other calculation methods may be used upon approval of the Town Engineer.

B. The Town of Bloomfield will not accept the use of the modified rational formula for development of required hydrographs. C. Design rainfalls to be used in stormwater calculations must be from the point rainfall intensity-duration-frequency relationships for Southeastern Wisconsin according to the Southeastern Wisconsin Regional Planning Commission Technical Report No. 40, “Rainfall Frequency in Southeastern Wisconsin,” April 2000.

D. Soil conditions for design computations must either provide continuous accounting of antecedent soil moisture conditions or assume wet conditions.

E. All naturally occurring contribution runoff entering the project site must be included in the design of the drainage system.

F. Contribution runoff entering the project from off site may be excluded from detention calculations if the water is routed around disturbed areas by use of stable water course. All contributions of runoff entering the project site must be included in the design of the drainage system.

G. Swales, overland flows and ditches, combined with underground sewer systems shall provide adequate outfall and save conveyance for runoff from a 100 year frequency, 24 hour rainfall event. Conveyance for the peak flow runoff from a 100 year 24 hour event shall be provided such that uno inundation of or damage to built structures shall occur (such structures shall include access to the site). All open channel stormwater conveyance systems shall provide safe conveyance for peak flow from a 25 year frequency, 24 hour rainfall event within the defined channel banks.

H. Drainage systems may not result in transfer of drainage from one delineated natural drainage area to another if reasonable alternatives exist which would preserve natural drainage patterns. Drainage area delineations must be shown on the storm water plan.

I. All stormwater basins shall be permanent, aesthetically pleasing, practical, and safe. Subsurface bottoms of wet basins must provide a safety ledge consistent with required design criteria as identified in the “Wisconsin Storm Water Manual”, published by the WNDR.

J. Perforations in the riser for dual purpose sediment/detention basins shall not be allowed in the two foot sediment settling zone as identified by the Wisconsin Construction Site Best Management Practice Handbook for sediment basins, unless calculations are provided showing that settling velocities provide for adequate soil particle size capture within the proposed basin.

K. All calculations must be provided to the Town Engineer to demonstrate that required stormwater criteria have been met. All calculations must be prepared by a licensed Wisconsin professional engineer and be certified as complying with the technical standards and construction specifications of the Town of Bloomfield.

L. Stormwater quality practices must be installed with all stormwater facilities to insure removal of suspended solids. Stormwater quality practices shall be designed to accommodate, at a minimum, the runoff volume resulting from 1.5 inches of rainfall over a four hour period and provide for trapping of particulates which are fifteen microns or larger in size.

M. The recorded plat, certified survey, or land title for lands which shall have stormwater controls must identify the permanent location of all proposed stormwater facilities and state that the facilities shall be maintained by the property owner of record according to the standards of approval. Stormwater easements must be used exclusively for stormwater transport and may not be combined with other uses (IE pedestrian access).

N. Wetlands shall not be used for reduction of stormwater or nonpoint source pollution in runoff water from proposed project sites.

O. The proposed finished yard grade, rear and side year swales, and the location and top of foundation elevation for all proposed structures shall be shown on a lot grading plan. Generally, the top of foundation of any structure must be constructed at least 8 inches above the proposed finished yard grade and approximately 18 inches above the centerline (or top of curbs) of the abutting street. Where foundations are lower than the street centerline, or in the case of depressed driveways, alternate means of surface drainage diversion must be shown to avoid structure flooding. Sufficient finished grade elevations must be shown on the drawings ensure positive drainage away from each structure. 5.3 SPECIAL STORMWATER POND REQUIREMENTS

A. General

Detention basins shall have a high water level, with one foot of freeboard, based on a 100 year, 24 hour design storm and shall have an outlet which allows runoff no greater than that for the land in its natural state prior to development. The basin shall be designated as a wet basin to provide water quality benefits.

B. The project plans for pond construction must be drawn to scale, provide proposed and existing 2 foot contours for the pond dimensions, and indicate setbacks from neighboring property. The project plan must show the location and proposed strategy for stabilization of the spoils (earthen material excavated from a pond) site.

C. Ponds proposed to be constructed in state or federally regulated wetlands must meet the dimensions of wildlife pond construction. Wildlife ponds have a maximum depth of four feet with 4h to 1v side slopes and do not provide for more than 20 percent open water within a wetland boundary with a deeper portion proposed outside of the wetland. Wildlife ponds may not have a significant adverse effect on the natural hydrologic water regime of a wetland area and must be a wetland enhancement.

D. No spoils may be disposed of in any state or federally regulated wetland area.

E. If a pond is proposed to be constructed in a floodplain area, the design engineer must demonstrate that the project restores or improves functional values including increasing flood and stormwater storage, maintaining groundwater recharge-discharge, enhanced fisheries and wildlife habitat, improved filtration or storage of sediments, nutrients, and toxins, improved shoreline protection against erosion, and any additional wetland functional values. The enhancement of functional values of a floodplain may not be conducted as part of mitigation for loss of wetlands.

F. Spoils from pond construction may not be hauled off site or sold without obtaining proper zoning and conditional use approval from Walworth County.

G. No spoils for pond construction may be placed in any floodplain area without first conducting an engineering study showing that the fill will not violate Wisconsin Administrative Codes or State Statutes. The applicant must obtain conditional use approval for fill in the floodplain from Walworth County.

H. Applicants must obtain all approvals required by the State of Wisconsin Department of Natural Resources, U.S. Army Corps of Engineers, Walworth County and local agencies prior to commencing pond construction within the Town of Bloomfield.

I. Site specific guidelines may be established during the review and approval process which are more restrictive based on unique characteristics of property.

J. Single pipe outlets shall have a minimum inside diameter of 12-inches. If design release rates call for smaller outlets, structures such as perforated risers, flow control orifices, etc., shall be used.

5.4 DESIGN CRITERIA FOR SURFACE SWALES AND STORM SEWERS

A. Storm Sewer

1. When storm sewer construction is permitted or required, storm sewers shall be designated to flow full, using Manning=s Formula with an appropriate roughness coefficient based on pipe material. If a storm sewer is designed with a constantly submerged outfall, the sewer shall be designed using the “hydraulic gradient” with the maximum allowable water level an elevation one foot (1') below centerline of pavement.

2. The rational method shall be employed when computing storm runoff and designing storm sewers. The storm system shall be designed with “positive street and swale drainage” such that storm water runoff will be directed overland to the storm water detention area in a manner to minimize property damage due to flooding.

3. Storm sewers shall be designed for a minimum 10-year storm event flowing full and have a maximum velocity not to exceed ten feet (10') per second.

4. In areas where curb and gutter and storm sewers are approved, inlets shall be installed so that the distance between each inlet shall not exceed four hundred feet (400') and each inlet drain a maximum street gutter length of four hundred feet (400'). Where the inlet is located at a low point, additional inlets may be required by the Town Engineer. No more than two (2) inlets shall be interconnected. Inlets shall be so located that storm water runoff will not “pond” greater than the top of the street curbs. Depressed street crowns to facilitate drainage will not be permitted.

5. Rear lot drainage should not drain over the curb. Yard inlets shall be placed where approved or as required by the Town Engineer.

6. The minimum size storm sewer or inlet connection shall be twelve inches (12") in diameter.

7. Unless otherwise approved by the Town Engineer, storm sewers shall be reinforced concrete pipe conforming to ASTM C76 minimum Class III with 0-ring joints conforming to ASTM C433. All inlet connections shall be concrete sewer pipe.

8. Minimum cover shall be generally three feet (3') for all storm sewers unless special precautions are taken to protect the pipe, as approved by the Town Engineer.

9. All manholes, inlet manholes and inlets and catch basins, shall be designed in accordance with the “Standard Specifications for Sewer and Water Construction in Wisconsin.”

10. Connections to sanitary sewers or existing agricultural drainage systems (tiles) will not be permitted for any new developments. All developments will utilize separate drainage systems to avoid disruption or overloading of the existing agricultural tile drainage system. Any field tile systems cut during the process of land development must be reconnected. Connection of existing agricultural drain tiles to new storm water management systems may be approved if proper allowance for flows from said tiles is incorporated in the new design system.

B. Culverts

Culverts shall be sized for each lot along rural streets and placed on the grading plan. Culverts shall meet the following minimum standards:

1. Minimum pipe diameter of twelve inches (15").

2. Corrugated metal pipe (CMP) shall be hot-dipped galvanized steel or aluminum steel conforming to AASTO M36. Provide 16 gauge CMP for pipe diameter twenty-one inches (21") and smaller. Provide 12 gauge CMP for pipe diameters twenty-four inches (24") and larger.

3. Reinforced concrete pipe (RCP) shall conform to ASTM C76, minimum Class III.

4. Culvert slope and invert elevations shall match the ditch slope and invert elevations.

5. Minimum cover at driveways shall be (6) inches.

6. All culverts shall include end sections.

C. Swales and Ditches

Manmade swales and ditches shall meet the following minimum design standards:

1. Minimum grade of one percent (1.0%).

2. Maximum grade of ten (10%).

3. Minimum depth of twenty four inches (24") below the shoulder of the street. At high points in the roadway, a depth of eighteen inches (18") is allowable.

4. Maximum bank slope of 4:1 under normal conditions.

5. The bottom and banks of ditches with grades of less than four percent (4%) shall be sodded or else seeded in combination with mulch and/or erosion mat.

6. The bottom and banks of ditches with grades between 4 and 6 percent shall be sodded and stabilized.

7. The bottom and banks of ditches with grades between 6 and 10 percent shall be stabilized by methods approved by the Town Engineer.

8. Whenever practicable, all areas of the property must be provided with an overland flow path that will pass the 100-year flow at a stage at least 1 foot below foundation grades in the vicinity of the flow path. Overland flow paths designed for flows in excess of the minor drainage system capacity shall be provided in drainage easements. Street ponding and flow depths shall not exceed curb heights.

5.5 STORMWATER MANAGEMENT PLAN REQUIREMENTS.

A. The stormwater management plan shall contain at a minimum the following information:

1. Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of stormwater management practices; and person(s) responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.

2. A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.

3. Pre-development site conditions, including:

a. One or more site maps at a scale of not less that 1 inch equals 100 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at an interval not to exceed 2 feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to s. NR 811.16, Wis. Adm. Code. b. Hydrology and pollutant loading computations. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

4. Post-development site conditions, including:

a. Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.

b. Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.

c. One or more site maps at a scale of not less than 1 inch equals 100 feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at an interval not to exceed 2 feet; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements; flow path and direction of all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.

d. Hydrology and pollutant loading computations. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s). e. Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent storm water conveyance and treatment practices.

5. A description and installation schedule for the stormwater management practices.

6. A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.

7. Cost estimates for the construction, operation, and maintenance of each stormwater management practice.

8. Other information requested in writing by the Town of Bloomfield and Town Engineer to determine compliance of the proposed stormwater management measures with the provisions of these design standards.

9. All site investigations, plans, designs, computations, and drawings shall be certified by a licensed Wisconsin professional engineer to be prepared in accordance with accepted engineering practice and requirement of this ordinance.

SECTION 6.0 ROADWAY CONSTRUCTION

6.1 INTRODUCTION

A. All developments, regardless of size within the Town limits shall include provisions for the construction of roadways and appurtenant construction to serve each parcel of property within the development. Where more than one building, other than an accessory building is located or planned on one parcel of property, the proposed construction shall also include access roadways as required to serve each such building.

B. The design of all roadways proposed for construction or as independent projects under the control of the Town, shall meet the technical requirements of this Section and the (WDOT) "Standard Specifications".

6.2 STREET CLASSIFICATION

A. All roads and streets shall be functionally classified by the Town Engineer as one of the following:

1. Arterial

2. Collector

3. Minor Collector

4. Local

B. In developments where more than one building is located or planned on one parcel of property and a roadway is provided to serve such buildings, that roadway shall be classified as local unless otherwise established by the Town Engineer.

6.3 GEOMETRICS

Roadway geometric design shall conform to the criteria stated in Figures 1 and 2 appended to this section.

6.4 ROADWAY EXCAVATION

A. Topsoil and unsuitable materials shall be removed from all proposed roadway areas prior to road subgrade construction. Roadways shall then be constructed to the lines and grades as shown on the construction plans.

B. Roadway construction shall not be permitted on frozen ground.

6.5 SUBGRADE

A. Road areas constructed in fill sections shall be built by layering and compacting the fill material using a maximum of 8 inch thick lifts.

B. Roadways shall be proofrolled prior to construction of the basecourse. A fully loaded tandem-axle truck shall be provided to drive slowly over the area to be inspected. Areas which show deflections greater than 1 2-inches shall be repaired and pass proofrolling tests before construction may proceed. The Town Engineer shall be present for and should be notified 24 hours prior to proofrolling. 6.6 SUB-BASECOURSE

A. When a sub-basecourse is required in the roadway design, it shall be comprised of crushed aggregate material. The sub-base shall be built in conformance with WDOT Specifications.

B. Geotextile fabrics, where allowed by the Town Engineer for subgrade stabilization, shall conform to WDOT Specifications.

6.7 ROADWAY STRUCTURE

A. Roadway structure design shall conform to the criteria stated in Figure 3 appended to this section.

B. Base course construction shall conform to the requirements stated in Figure 1 and WDOT Specifications. Materials for base course shall be crushed stone or crushed gravel unless otherwise approved by the Town Engineer. Roadways shall be proofrolled in accordance with Subsection 6.5.B above prior to placement of the base course.

C. Pavement construction shall conform to the requirements stated in Figure 1 and WDOT Specifications. The pavement course may be either Portland cement concrete or asphaltic concrete, unless otherwise approved by the Town Engineer. Roadways shall be proofrolled in accordance with Subsection 6.5.B above prior to placement of the pavement course.

D. Each layer of asphaltic concrete pavement is not to exceed 3 inches for upper layer and 4 inches for lower layers.

E. For new roadway construction, the final upper layer of asphaltic concrete pavement shall not be placed any earlier than one (1) year and no later than three (3) years after, or after 75% of the lots have been improved.

F. For new roadway construction, all manhole covers in the asphalt paved areas shall be initially to the elevation of the lower layer of pavement. Immediately prior to paving the final upper layer of asphalt pavement, all manhole covers shall be adjusted to the final pavement surface elevation in accordance with WDOT Specifications. 6.8 CONCRETE CURB AND GUTTER

Curb and gutter, when required, shall comply with WDOT Specifications for 30-inch Type D when placed adjacent to asphalt pavement and 30 inch Type A when placed adjacent to concrete pavement.

6.9 STANDARD DESIGN METHOD FOR PAVEMENTS

When, in the opinion of the Town Engineer, the volume and composition of the traffic anticipated to be carried by the pavement can be estimated within reasonable limits and, in all cases, where the roadway is designed as a four or more lane facility, the structural design for pavements shall be based on the latest revision of the (WDOT) Facilities Development Manual. However, in no case shall the design result in a pavement of lesser thickness than those shown in Figure 3.

6.10 SPECIAL REQUIREMENTS FOR UNDERGROUND UTILITIES

A. Structure Adjustment

1. Where finished grade or alignment for existing underground structures, such as inlet basins, catch basins, manholes or valve vaults is affected by proposed work, the project drawings shall provide for the adjustment of such structures as required.

2. Where a project is to be constructed under two or more construction contracts, one or more of which includes the construction of pavement, the contract documents for those contracts including paving work should provide for the adjustment of underground structures that may be constructed under other contracts as may be required to fit the proposed pavement.

6.11 SIDEWALKS

A. All sidewalks, when required, shall be constructed of Portland cement concrete and shall be a minimum of (4) feet wide or as determined by the Town Board when a greater width is justified on the basis of anticipated pedestrian traffic.

B. The minimum thickness of the concrete sidewalk across driveways shall be as follows:

1. Eight (8) inches for Major Commercial

2. Eight (8) inches for Industrial

3. Six (6) inches for Minor Commercial/Major Residential

4. Six (6) inches for Residential

C. All public sidewalks shall located one (1) foot inside the roadway right-of-way line and shall meet all requirements of the “Americans with Disabilities Act” for accessibility.

FIGURE

URBAN STREET GEOMETRIC CRITERIA ()

ROADWAY CLASSIFICATION ARTERIAL COLLECTOR MINOR COLLECTOR LOCAL

Right-of-way width 80 ft. 66 ft. 66 ft. 66 ft.

Roadway width (1)(2) 36 ft. 36 ft. 36 ft. 30 ft.

Sidewalk width (6) (7) 5 ft. 5 ft. 4 ft. 4 ft.

Concrete 30" - Vertical Concrete 30" - Vertical Concrete 30" - Vertical Concrete 30" - Vertical Curb type (2) Face Face Face Face Number of traffic lanes (8) 2 2 2 2

Travel Lane width 12 ft. 12 ft. 12 ft. 11 ft.

Minimum cul-de-sac pavement radius (3) N/A N/A N/A 45 ft.

Maximum cul-de-sac length (4) N/A N/A N/A 750 ft.

Maximum centerline grade 6% 6% 8% 10%

Minimum centerline grade 0.5% 0.5% 0.5% 0.5%

Minimum center line radius (5) 300 ft. 300 ft. 300 ft. 100 ft.

(1) Dimensions are measured back to back of curb.

(2) Roadway width shown as minimum. Exact roadway width shall be determined by forecasted traffic volume.

(3) Cul-de-sac right-of-way radius shall be 60 feet.

(4) The combined length of the street and diameter of the cul-de-sac.

(5) To be introduced when the centerline deflects at any one point by more than 3 degrees. A tangent of at least 100 feet shall be introduced between reverse curves on arterial and collector streets. (6) Sidewalk shall be placed in public right-of-way, 1-foot from the property line unless otherwise approved by the Town.

(7) Sidewalk designated as bike path shall be a minimum width of 8 feet.

(8) Four (4) lanes required for traffic volumes over 13,000 ADT in urban area and over 10,000 ADT in rural areas. FIGURE 3

ROADWAY STRUCTURE CRITERIA

ROADWAY MINIMUM PAVEMENT STRUCTURE REQUIREMENTS CLASSIFICATION ASPHALT CONCRETE

Arterial Pavement Thickness 5-1/2 inches 8 inches

Base Thickness 12 inches 8 inches

Collector Pavement Thickness 5 inches 8 inches

Base Thickness 12 inches 8 inches

Minor Collector Pavement Thickness 4-1/2 inches 8 inches

Base Thickness 10 inches 6 inches

Local Pavement Thickness 4 inches 8 inches

Base Thickness 8 inches 6 inches

FIGURE 2 RURAL STREET GEOMETRIC CRITERIA

ROADWAY CLASSIFICATION ARTERIAL COLLECTOR MINOR COLLECTOR LOCAL Right-of-way width 80 ft. 66 ft. 66 ft. 66 ft.

Pavement width 48 ft. 30 ft. 26 ft. 22 ft.

Shoulder width 10 ft. 6 ft. 4 ft. 4 ft.

Minimum ditch depth 1.0 ft. 1.0 ft. .05 ft. .05 ft.

Number of traffic lanes 2 2 2 2

Minimum cul-de-sac pavement radius N/A N/A N/A 45 ft.

Maximum cul-de-sac length N/A N/A N/A 750 ft.

Maximum grade 6% 6% 8% 10%

Minimum centerline grade 0.5% 0.5% 0.5% 0.5%

Minimum ditch grade 1.0% 1.0% 1.0% 1.0%

Minimum center line radius 500 ft. 300 ft. 300 ft. 100 ft.

(1) Dimensions are measured edge of pavement to edge of pavement.

(2) As measured from subgrade elevation.

(3) Cul-de-sac right-of-way radius shall be 60 feet.

(4) The combined length of the street and diameter of the cul-de-sac.

(5) To be introduced when the centerline deflects at any one point by more than 3 degrees. A tangent of at least 100 feet shall be introduced between reverse curves on arterial and collector streets.

(6) Four (4) lanes required for traffic volumes over 10,000 ADT in urban areas and over 10,000 ADT in rural areas. CHAPTER 19 PARKS AND PUBLIC WATERS

19.01 Public Waters Boating Order 19.02 Public Beaches 19.03 Motor Vehicle Racing 19.04 Slow No Wake Speed Restrictions 19.05 Penalty

Chapter 19 Board Action Adopted December 20, 2011 as part of Village Incorporation Repealed & Recreated on June 27, 2016, Ordinance No. 2016-O-06

1 19.01 PUBLIC WATERS BOATING ORDER. The Village Board of the Village of Bloomfield, Walworth County, as municipality as defined in Wis. Stats. Ch. 30, having jurisdiction of the waters of Pell Lake and any other public water ways, except for the waters under joint jurisdiction with the Township of Randall for Lake Benedict and Lake Tombeau as provided in Chapter 20 and Powers Lake under the jurisdiction of Powers Lake Lake District, do order inconformity with Wis. Stats. 30.77, as follows:

(1) APPLICABILITY AND ENFORCEMENT. These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin Statutes. Therefore, the Village Board of Trustees of the Village of Bloomfield, Wisconsin, do ordain as follows:

(a) The provisions of this order are adopted in the interest of public health and safety and shall apply to persons, boats and objects upon, in and under waters of any lake as provided in Section 19.01 under the Village’s jurisdiction, not operating any marine development adjacent to such lake.

(b) The provisions of this order shall be enforced by the officers, employees and agents of the municipality who are authorized to do so, and they shall be properly designated as the Water Safety Patrol, operated by the Town of Randall for Powers Lake, and the Bloomfield Water Safety Patrol, operated by the Bloomfield Police Department, or the Bloomfield Police Department and the Department of Natural Resources for all other water ways in the Village.

(2) STATE BOATING AND WATER SAFETY LAWS ADOPTED.

(a) The statutory provisions describing and defining regulations with the respect to water traffic, boats, boating and related water activities in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violations, are hereby adopted and by reference made a part of this order as if fully set forth herein:

30.50 Definitions 30.51 Operation of Unnumbered Motorboats Prohibited; Exemptions 30.52 Certificate of Number; Applications; Issuance; Renewals; Fees 30.53 Identification Number to be Displayed on Boat; Certificate to be Carried. 30.54 Transfer of Ownership of Numbered Boat. 30.55 Notice of Abandonment or Destruction of Boat or Change of Address 30.60 Classification of Motorboats. 30.61 Lighting Equipment. 30.62 Other Equipment. 30.64 Patrol Boats Exempt from Certain Traffic Regulations. 30.65 Traffic Rules. 2 30.66 Speed Restrictions. 30.67 Accidents and Accident Reports. 30.69 Water Skiing. 30.70 Skin Diving. 30.71 Boats Equipped with Toilets.

(b) All rules adopted by the State Department of Natural Resources modifying or supplementing the foregoing provisions of the State law, or which may be adopted in the future, are hereby incorporated and made a part of this order by reference, the same as if they were set out herein verbatim.

(c) All deletions, additions and amendments since 1983 to the sections of the State law enumerated under sub.(a) above are hereby adopted and incorporated herein by reference as to the time of their respective effective dates, as if they were to be set out herein verbatim. (d) Any act required to be performed or prohibited by the statutes enumerated in sub. (a) or by any statue, rule or regulation incorporated by reference herein, is hereby required to be performed or prohibited by this order, as the case may be.

(3) LOCAL LAWS.

(a) Boating, Swimming and Zone Restrictions.

1. Areas Defined. All water surfaces within 50’ of the shoreline and all areas marked for public swimming are hereby designated as swimming zones. All other areas of the waters covered by this order are defined to be within the boating and traffic zones.

2. Traffic Lane. A traffic lane is hereby established embracing the waters of the lake in its entirety, excepting therefrom the area between the shore and a line parallel to and 200’ distant from the shoreline.

3. Zone Restrictions. No person shall operate a motorboat within 50’ of the shoreline, except for the purpose of loading or unloading passengers, docking or departing from a pier or dock.

4. Speed Restrictions. No motorboat shall be operated in the traffic lane in excess of 10 mph between the hours of sunrise and 10 a.m. No motorboat shall be operated outside the traffic lane in excess of 5 mph at any time.

5. Passing. No person shall operate a motorboat in the traffic lane within 200’ of any swimmer, motorboat not under power, anchored boat or boat propelled by muscular power, at a speed in excess of 10 mph.

3 6. Age Limitation. To qualify for the operation of a motorboat of more than 10 h.p., O.B.C. rating or equivalent, such operator must have attained the age of 16 years, although any person who has not attained the minimum age may operate such boat if accompanied by a person over the age of 21 years.

(b) Traffic Rules. Rights-of-way: Boats leaving or departing from pier, dock or wharf shall have the right-of-way over all other boats, approaching such dock, pier or wharf. Boats propelled entirely by muscular power shall yield the right-of-way to sailboats, when necessary to avoid risk of collision.

(c) Mooring Lights Required. No person shall moor or anchor any boat, raft, buoy or other floating object, or permit the same to drift in the traffic lane above described, between sunset and sunrise, unless there is prominently displayed thereon a white light of sufficient size and brightness to be visible from any direction for a distance of one mile on a dark night and clear atmosphere. This provision shall not apply to authorized structures within the pierhead line, nor the boats or objects moored or anchored in mooring areas approved by the Water Safety Patrol, or other authority as provided in Sec. 19.01(1)(b), when the entire area is marked by lights or other markers approved by the authority.

(d) Rafts, Buoys and Platforms. No person shall place or maintain any raft, buoy or platform more than 50’ from the shore unless it is so anchored that it has at least 6” of free board above the water line, painted white, and has attached thereto not less than 12” from each corner or projection, a red reflector not less than 3” in diameter. All buoys shall extend to at least 6” above the water and be conspicuous.

(e) Swimming.

1. From Boats. No person shall swim from any boat unless such boat is anchored.

2. Distance from Shore or Base. No person shall swim more than 100’ from shore or more than 50’ from any pier (unless within marked authorized areas), anchored raft or boat, unless he is accompanied by a boat manned by a competent person and having readily available a ring buoy and a person trained in life saving techniques. Such boat shall stay reasonably close to and guard such swimmer. If there is more than one swimmer, each shall be accompanied by a separate boat, as above described.

3. Hours. No person shall swim in the traffic lane from sunset to sunrise.

4. Snorkel Restrictions. No person under 16 years of age shall swim with a snorkel. 4

(f) Water Skiing. 1. Area. All water skiing is forbidden outside the traffic lane.

2. Tow Lines. There shall be no more than 2 tow lines per boat, and no more than 2 persons using such tow lines as a means of water skiing or similar sport.

3. Boat Operation. No watercraft which shall have in tow a person or persons on water skis, surfboard, aquaplane or similar contrivance, shall be operated unless such watercraft shall be occupied by at least 2 competent persons 16 years of age or older. One such person shall operate the boat and observe boat traffic at all times, and the second such person shall observe the person or persons being towed.

4. Safety Device. Any person or persons being towed on water skis, surfboard, aquaplane or similar contrivance, must wear a life saving device approved by the United States Coast Guard.

5. Direction of Travel. The boats by means of which water skis, surfboards, aquaplanes or similar objects are being towed, and the riders of such objects, must conform to the same rules and clearances as provided in this order for motorboats.

(g) Races, Regattas, Sporting Events and Exhibitions.

1. Permits. No person shall direct or participate n any motorboat race, motorboat regatta or water ski meet or similar event unless such event has been authorized and a permit issued by the Village President of the Village Board or their authorized agents. A permit issued under this subsection shall specify the course of area of water to be used by participants in such event, and the permittee shall be required to place markers, flags or buoys approved by the Village President of their authorized agents designating the specified area. Permits shall be issued only if in the opinion of the Village President of the Village Board, or their authorized agents, the proposed use of the water can be carried out safely and without danger or substantial obstruction to other boats or persons using the lake. Permits shall be valid only for the day or days and the hours and areas specified thereon.

2. Rights of Participants. Boats and participants in any such permitted events shall have the right-of-way in the marked area, and no other person shall obstruct

5 such area during the race or event or interfere with the same.

(h) Sanitation.

1. Littering Waters and Ice. No person shall deposit, place or throw from the shore, boat, raft, pier, platform or liquid waste, sewage or effluent into the waters of the lake or upon the ice when formed.

2. Toilets. The toilet of any boat must be plugged from the outside of the hull in such manner that the plug cannot be removed from the inside of the boat.

(i) Safety Patrol, Markers and Navigation Aids.

1. Duty of the Director. The Director of the Water Safety Patrol or other authority as provided in Sec. 19.01(1)(b) is authorized and directed to place and maintain suitable markers, navigation aids and signs in such areas of the lake as shall be necessary under this order and appropriate to advise the public of the provisions of this order, and to post and maintain a copy of this order at all public access points to the lake.

2. Standard Markers. All markers placed upon the waters of the lake shall comply with the regulations of the State Department of Natural Resources.

3. Interference with Markers. No person shall without authority remove, damage or destroy or moor or attach any watercraft to any buoy, beacon or marker placed in the waters of the lake by the authority of the United States, the State or a municipality or by any private person pursuant to the provisions of this order.

(j) Penalties and Deposits.

1. Major Violations. Any person who shall violate the provisions adopted by subsection (2) of this order, as described and defined in Wis. Stat. 30.67(1) or 30.68(1) or (2), shall upon conviction thereof, forfeit not more than $200 nor less than $25, with the costs of prosecution thereof, and in default of payment of such forfeiture and costs, shall be imprisoned in the County jail until full payment is made but not to exceed 30 days.

2. Minor Violations. Any person who shall violate any provision of this order, except as specified in subpar. 1. above, shall upon conviction thereof, forfeit not more than $100 nor less than one dollar, with the costs of prosecution, and in default of payment of such 6 forfeiture and costs, shall be imprisoned in the County Jail until full payment is made, but not to exceed 30 days.

3. Money Deposits. Any officer arresting a person for violation of a provision of this order, who is unable to bring the person arrested before the appropriate court without necessary delay, shall permit such person to make a money deposit as provided by law. Such deposit shall be made to the municipal judge or circuit judge, whichever is appropriate, for the municipality where the violation occurred.

19.02 PUBLIC BEACHES.

(1) SOAPS OR DETERGENT PROHIBITIED. No soaps or detergents of any kind or for any reason shall be used upon any public beach, waters or lakes in the Village.

(2) ANIMALS PROHIBITED. No animals of any kind shall be allowed upon any public beach or in any public access waters in the Village.

(3) REFUSE PROHIBITED. No glass, metal, plastic, paper or any other type of refuse shall be disposed of upon any public beach or waters in the Village except in containers provided for the disposal of same.

(4) CONDUCT REGULATED. Baseball, football or any other sports, except beach volleyball as provided by the municipality or lake association in a designated area, indecent exposure, loud music, violet or abusive language or any type of a disturbance to the annoyance of others upon any public beach in the Village shall be considered an act of disorderly conduct.

(5) FIRES REGULATED.

(a) Open fires shall not be allowed on any part of a public beach in the Village.

(b) Fires for cooking purposes shall be allowed in designated areas only and must be in suitable containers.

(c) Fire remains shall be put out completely and disposed of in refuse containers. Burning embers shall not be dumped on the ground or put in refuse containers.

(6) ALCOHOL BEVERAGES PROHIBITED.

(a) No beer, wine or intoxicating liquors shall be opened or consumed on public beaches in the Village at any time, except when a permit for a Temporary Class “B” Picnic License 7 is granted provided the area of serving, selling, and consuming is designated and roped off per plan and license is approved by the Village Board.

(b) Tavern owners or bartenders allowing patrons to take open intoxicants off their premises to be consumed in the public are subject to prosecution and revocation of license under Chapter 11 of this Municipal Code.

(7) BOAT LAUNCHING.

(a) No person shall launch a boat from the beach areas in the Village, except as provided by a Special Events Permit authorized by the Village Board.

(b) A launching site is provided for small boats on Lakeshore Drive, ½ block east of Clover Road at Bernice Road. Boat trailers shall be parked near this site as posted.

(8) HOURS. Public beaches in the Village shall be closed to any public use or occupancy between the hours of 11:30 p.m. and 4:00 a.m.

19.03 MOTOR VEHICLE RACING ON PELL LAKE

(1) PURPOSE. The purpose of this Section is to promote the public health, safety and general welfare.

(2) DEFINTIONS. The following terms shall have the same meaning as contained in the designated sections of the Wisconsin Statutes:

(a) Motor Vehicle. Sec. 340.01(35).

(b) Motorcycle. Sec. 340.01(32).

(3) RACING PROHIBITED. No operator of a motor vehicle or motorcycle shall participate in any race or speed endurance contest upon the ice on any public waters in the Village except by special permission of the Village Board of the Village of Bloomfield.

19.04 SLOW-NO-WAKE SPEED RESTRICTIONS

(1) SPEED RESTRICTIONS. No motorboat shall be operated within the traffic lane at a speed greater than “slow-no-wake” between the hours of sunset and 10:00 a.m. Outside the traffic lane, no motorist shall be operated at any time at a speed greater than “slow-no-wake”, and it being further provided that no person shall operate a motorboat on the waters of said lakes at a speed greater than is reasonable and prudent under the conditions, and having regard for the actual and potential hazards then existing.

8 (2) SLOW NO WAKE.

(a) No watercraft shall be operated at a speed greater than “slow-no-wake” at any time:

1. On Jefferson Bay when the water level of Powers Lake reaches a water elevation level of 24 inches as determined and calculated in accordance with (2b), below; 2. On Powers Lake, within 400 feet of the shore, when the water level on Powers Lake reaches a water elevation level of 20 inches as determined and calculated in accordance with (2b), below.

(b) There is a benchmark “x” chiseled square in the center of the east side of the bridge outlet on Powers Lake Road (County Trunk FF) which is at an assumed elevation of 100.00 according to the records on file with the Wisconsin Department of Natural Resources and specifically as designated on the lake survey map of Powers Lake dated May 1960, revised July 1967. The water elevation level referred to in (2a) above, shall mean that the water elevation level in relation to and measured from the benchmark “x” referred to herein. That, for illustration purposes, attached hereto and incorporated herein is a diagram of said benchmark.

(3) NOTICE TO BE POSTED. When the water level elevation is at or greater than the water elevation level set forth in Section 19.04(2), above, the Town of Randall, in respect to Powers Lake, shall cause a notice to be posted, at all public access points on the lake or lakes affected thereby stating that the “slow-no-wake” speed restriction is in effect. Said notices shall be posted in conspicuous places at all public access points. Said notices shall be removed upon the lowering of the lake elevation level to a point below that set forth in Section 19.04(2), above.

18.05 PENALITY. Unless otherwise provided in this Chapter, any person found to be in violation of any provision of this Chapter or any rule or regulation issued hereunder shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.

9 Chapter 20 APPROVED Water Use: Lake Benedict & Lake Tombeau Village of Bloomfield & Town of Randall

CHAPTER 20 WATER USE: LAKE BENEDICT & LAKE TOMBEAU JOINT ORDINANCE WITH RANDALL TOWNSHIP

20.01 Title/Purpose 20.02 Authority 20.03 Applicability and Enforcement 20.04 State Statues Adopted 20.05 General Boating Provisions 20.06 Miscellaneous Water Provisions 20.07 Swimming Regulations 20.08 Water Skiing 20.09 Permit for Special Activity 20.10 Pollution/Littering 20.11 General Artificial Structure in Water Provisions 20.12 Water Safety Patrol, Markers and Navigation Aids 20.13 Repeal of Conflicting Ordinances 20.14 Separability 20.15 Money Deposits 20.16 Penalties

Chapter 20 Board Action Adopted December 20, 2011 as part of Village Incorporation Repealed & Recreated, April 11, 2016, Ordinance No. 2016-O-03

Chapter 20 Water Use

20.01 TITLE/PURPOSE

This ordinance is entitled the "Water Use Ordinance". The purpose of this ordinance relating to the boating and water code is to provide for the public health, safety and general welfare of all people for the enjoyment of aquatic recreation consistent with statutes of the State of Wisconsin and the rights of the public in interest of Powers Lake, Lake Benedict, and Lake Tombeau.

20.02 AUTHORITY

The Town of Randall and the Village of Bloomfield have adopted this Water Use Ordinance under their specific statutory authority, powers and duties, pursuant to Chapter 30, (2013-2014) Wis. Stats., and the provisions of Chapters 60 and 61, respectively, (2013-2014) Wis. Stats.

20.03 APPLICABILITY AND ENFORCEMENT

(1) The provisions of this ordinance are adopted in the interest of public health and safety and shall apply to persons, boats, watercraft and objects upon, in and under the waters of Powers Lake, Lake Benedict, and Lake Tombeau within the jurisdiction of the Town of Randall (in Kenosha County) and the Village of Bloomfield (in Walworth County), respectively, which are all of the municipalities having jurisdiction over the waters of the said lakes.

(2) Any reference in this chapter made to the word "lake" or "water" shall be construed also in the plural and shall apply to all of the lakes and waters within the territorial jurisdiction of the respective municipalities described above. Any reference in this chapter to the “Town Board” shall mean the Town Board of the Town of Randall, and any reference in this chapter to the “Village Board” shall mean the Village Board of the Village of Bloomfield.

(3) The provisions of this chapter shall be enforced by the officers, employees and agents of the municipalities who are authorized to do so and they shall be properly designated as the Water Safety Patrol.

(4) The Village of Bloomfield authorizes the Town of Randall to act and exercise its discretion in all of the matters coming within the purview of this Water Use Ordinance, on behalf of both the Village of Bloomfield and the Town of Randall, no matter whether the matters in question would otherwise be within the jurisdiction of the Village of Bloomfield.

20 - 2 Chapter 20 Water Use

20.04 STATE STATUTES ADOPTED

(1) Except where more stringent provisions-of this chapter apply, the statutory provisions describing and defining regulations with respect to water traffic, boats, watercraft, boating and related activities in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein that are within the sole jurisdiction of the State of Wisconsin and/or its Department of Natural Resources, are hereby, adopted and by reference made a part of this chapter as if fully set forth herein:

Sec. 30.01 (Definitions) Sec. 30.50 through Sec. 30.71 (All Included) Sec. 30.80 (As described in 20.16)

(2) All rules and orders created by the Department of Natural Resources designated Chapter NR 5 of the Wisconsin Administrative Code, modifying or supplementing the foregoing provisions of the state law or which may be adopted or made in the future are hereby incorporated in and made a part of this ordinance by reference to the same as if they are or were to be set out herein verbatim.

(3) All deletions, additions and amendments which may be made to the sections of the State laws enumerated under subsection 20.04(1) above, are hereby adopted and incorporated herein by reference as of the time of their respective effective dates, as if they were to be set out herein verbatim.

20.05 GENERAL BOATING PROVISIONS

(1) Traffic Lane

A traffic lane is hereby established on Powers Lake embracing the waters of said lake in its entirety, excepting that area between the shore and a line two hundred (200) feet in distance from and parallel to the shoreline or as posted by navigation aids or identifying buoys. A traffic lane is hereby established on Lake Benedict embracing the waters of said lake in its entirety, excepting that area between the shore and a line one hundred fifty (150) feet in distance from and parallel to the shoreline or as posted by navigation aids or identifying buoys.

(2) Speed Restriction

(a) No motorboat or watercraft shall be operated within the traffic lane at a speed greater than "slow-no-wake" between the hours of sunset and 10 o'clock a.m.

(b) Outside the traffic lane, no motorboat or watercraft shall be operated at any time at a speed greater than "slow- no-wake".

20 - 3 Chapter 20 Water Use

(i). No watercraft shall be operated at a speed greater than "slow-no-wake" at any time:

a. On Jefferson Bay when the water level of Powers Lake reaches the water-gauge elevation level of 1.3 feet or higher, as determined and calculated in accordance with subparagraph (ii)(a), below;

b. On Powers Lake when the water level on Powers Lake reaches the water-gauge elevation level of 1.5 feet or higher, as determined and calculated in accordance with subparagraph (ii)(a), below.

(ii) (a). There is a three-foot elevation gauge strip (the “Gauge”) marked in one-tenth (1/10) of a foot increments, fixed to the Northeast corner of the concrete bridge structure located at Powers Lake Road outlet. This Gauge will be used to determine the water level of Powers Lake.

(b). There is a chiseled benchmark in the concrete Tombeau Road bridge edge, west side, midway between the length of the bridge span. For Lake Benedict and Lake Tombeau, slow no wake level is when the water rises to a level of 72” or less as measured from the benchmark, Tombeau Road surface level, to the top of the waterway.

(iii). When the lake level elevation is at or greater than the water elevation level set forth in this subparagraph (2)(c), such that the “slow-no-wake” restriction is in effect, the Town of Randall, in respect to Powers Lake and Lake Benedict, and the Village of Bloomfield, in respect to Lake Tombeau, shall cause a notice to be posted, at all public access points on the lake or lakes affected thereby stating that the "slow-no-wake" speed restriction is in effect. Notices shall be posted in conspicuous places at all public access points. Such notices shall be removed upon the lowering of the lake elevation level to a point below that in this subparagraph (2)(c).

(iv). Slow-No-Wake Defined

In this chapter, "slow-no-wake" means that speed at which a boat or watercraft moves as slowly as possible while still maintaining steerage control.

(d) No person may operate a boat at a speed in excess of slow-no-wake within 100 feet of any other boat. A "boat" is

20 - 4 Chapter 20 Water Use

defined as every description of watercraft used or capable of being used as means of transportation on water.

(3) Mooring Lights

No person shall moor or anchor any boat, watercraft, raft, buoy or other floating object or permit the same to drift in the traffic lane between sunset and sunrise, unless there is prominently displayed a white light of sufficient size and brightness to be visible from any direction for a distance of two (2) miles on a dark night with clear atmosphere and lights comply with Wis. Stats. § 30.61 (2013-2014). This provision shall not apply to authorized structures within the pier head line nor to boats, watercraft or objects moored or anchored in mooring areas approved by the Town Board when the entire area is marked by lights or other markers or otherwise exempt or in compliance with state statutes.

(4) Mooring and Anchoring of Watercraft

(a) No person shall operate or cause, allow or permit any person to operate a boat or watercraft on the waters where the boat or watercraft is moored or anchored on the shoreline of any private or public beach, park or landing, or to any pier, raft or wharf, without approval of the owner of the beach, park, landing, pier, raft or wharf. This provision shall not apply in an emergency situation where the public health and public safety of persons on the boat or watercraft is in jeopardy. A watercraft or boat may be moored or anchored as described above to landings, piers or wharves designated by the Town Board as public boat landing areas.

(b) No person may moor or anchor a boat or watercraft to, or otherwise use, any Town or Village owned pier unless said person is the Lessee. This provision shall not apply in an emergency situation where the public health and public safety of persons on the boat or watercraft is in jeopardy.

(5) Public Landings

The anchoring or mooring of any boat or watercraft in the waters within fifteen (15) feet of a public landing is prohibited except that boats may be tied to piers within such public landing areas upon approval of the Town Board.

(6) Secure Anchoring

No person shall anchor or cause, allow or permit any person to anchor any boat or watercraft on the water without causing such boat or watercraft to be at all times tied, secured and anchored with proper, care and with proper equipment and in a manner to prevent the boat or watercraft from escaping moor or anchor.

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20.06 MISCELLANEOUS WATER PROVISIONS

(1) Parasailing and Paragliding

No person shall engage in the activity known as parasailing or paragliding except as a special activity for which a permit has been obtained.

(2) Shooting of Projectiles Prohibited

No person by use of a contrivance or device, or otherwise in any manner, shall throw, propel, send forth or shoot any missile, projectile or object toward or in the direction of a person, boat, watercraft or other property.

(3) Ice Racing

No person shall conduct or participate in a race, rally, endurance contest or other competitive event involving the use of any motor driven device, which shall include, but not be limited to, automobiles, motorcycles, mini-bikes and snowmobiles, upon the ice covering the surface of Powers Lake, Lake Benedict and Lake Tombeau, which lakes are located in the Town of Randall and Village of Bloomfield, except as a special activity for which a permit has been obtained from the Town of Randall.

(4) Driving Automobiles or other Motor-driven Vehicle on the Ice

(a) No person shall use or operate any automobile or other motor-driven vehicle in any manner so as to endanger persons engaged in skating or in any other winter sport or recreational activity upon the ice, nor shall any person, while using or operating an automobile or motor-driven vehicle, tow, pull or push any person or persons on skates, sled, skis, toboggan, or device or thing of any kind designed or utilized to carry or support one or more persons.

(b) No person shall use or operate any automobile at a speed in excess of twenty (20) miles per hour on the ice.

(c) No person shall operate any aerodynamic propeller-driven vehicle, device or thing, whether or not designed for the transportation of a person or persons, on the ice of the waters.

(d) "Automobile" as used in this chapter shall be construed to mean all motor vehicles of the type and kind permitted to be operated on the highways in the State as defined in Sec. 340.01(4) and 340.01(35) (2011-2012) Wis. Stats.

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(e) All traffic on the ice bound waters of the lakes shall be at the risk of the traveler as set forth in Sec. 30.81(3) (2013-2014), Wis. Stats.

(5) Lakeside Park

(a) No watercraft or boat shall be placed or located on the shoreline of Powers Lake between Lakeside Park and the Town of Randall owned piers, except as provided in (b) below. The shoreline is defined as the intersection of the land surface abutting the water mark.

(b) No watercraft or boats, except rubber rafts under six (6) feet in length, may be placed on the land surface of Lakeside Park.

(6) Fox Park

(a) No watercraft or boat shall be placed or located at or on the shoreline of Benedict Lake, except as provided in (b) below. The shoreline is defined as (i) the intersection of the land surface abutting the water mark, and (ii) only that portion of the shoreline within the extended boundarylines of Fox Park.

(b) No watercraft or boat, except rubber rafts under six (6) feet in length, may be placed on the land surface of Fox Park.

20.07 SWIMMING REGULATIONS

(1) Competent Persons; Personal Flotation Devices; Distances from Boat

No operator of a boat or watercraft or any person within the boat or watercraft shall cause, allow or permit any person to swim, float, snorkel or engage in other swimming operations on the waters from any boat or watercraft on the waters except if the boat or watercraft is properly anchored and then only if the person remains within fifty (50) feet of the boat or watercraft during the swimming, floating, snorkeling or other swimming operations. Said boat or watercraft shall be manned by a competent person. In addition, no person shall cause, allow or permit any 'person to swim, float, snorkel or engage in other swimming operations on the waters from any boat or watercraft unless the boat or watercraft is fully equipped with the proper amount and type of U.S. Coast Guard approved personal flotation equipment or devices to be used in water rescue emergency.

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Exceptions: A person is permitted to swim in the traffic lane on the waters if the person is accompanied by a competent person in the boat or watercraft and swims within twenty five (25) feet of said boat or watercraft.

A person is permitted to swim in a traffic lane on the waters if within designated shoal areas and is further exempt from the requirement of maximum distance from a boat or watercraft if within such shoal areas.

(2) Distances Allowed when Swimming

Except as otherwise allowed in above Section 20.07(1), (i) no person shall swim on Powers Lake more than one hundred (100) feet from the shore or more than fifty (50) feet from any pier, raft or wharf, unless within marked authorized areas, and (ii) no person shall swim on Lake Benedict more than one hundred (100) feet from the shoreline inclusive of any pier, raft, or wharf, unless within marked authorized areas.

(3) Time of Day for Swimming

No person shall swim in the water traffic lane between sunset and sunrise.

(4) Scuba Diving

No person shall be engaged in scuba diving activities unless that person is certified or is under the direct supervision of a certified scuba diver. This section shall not apply to rescue, emergencies, or enforcement activities.

20.08 WATER SKIING

(l) Operators and Observers; Towlines

No person shall operate or cause, allow or permit any person to operate a boat or watercraft on the waters for the purpose of towing a person or persons on water skis, aquaplanes or similar water recreation devices unless there are at least two (2) persons present in the boat or watercraft at the time of the towing operation, with one (l) person to operate the boat or watercraft and with one (l) competent person to observe the towed person. In addition, no person shall permit himself or herself to be towed by a boat or watercraft unless there are at least two (2) persons in the boat or watercraft at the time of the towing operation with one (l) person to operate the boat or watercraft and with one (l) competent person to observe the towed person. This provision does not apply if the operation of the boat or watercraft is otherwise in compliance with Wis. Stat. § 30.69 (2011-2012).

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(2) Prohibition as to Time of Day

No person shall operate a boat or watercraft for the purpose of towing a water skier or engage in water skiing between sunset and 10:00 a.m.

(3) Towlines and Personal Flotation Devices

No person shall operate a boat or watercraft with more than two (2) tow lines or allow more than one (l) person per tow line as a means of waterskiing or similar sport. An exception is allowed for two (2) persons on one tow line while on devices designed for two persons to be towed by a boat or watercraft. The persons being towed shall wear U. S. Coast Guard approved personal flotation devices, either of Type I, Type II, Type III or Type V while being towed.

(4) Direction of Travel

No operator of a boat or watercraft and no person shall engage in water skiing, aquaplaning, or similar sport or activity outside of the traffic lane as defined in this Ordinance, and said persons must operate in a counterclockwise pattern in the traffic lane, as well as conform to all sections of this Ordinance. A counterclockwise direction is determined by viewing the direction of the boat or watercraft as that direction is viewed from a bird's-eye view of the entire lake. The operator of a boat may, as an alternative and with reasonable caution and care, cut across the mouth of Jefferson Bay on Powers Lake.

(5) Length of Tow Rope

No person shall use any tow rope of more than one hundred (100) feet for purposes of water-skiing, aquaplaning, or similar activity. No operator of a boat or watercraft shall cause, allow or permit any person to be towed when the towed person is using a tow rope of more than one hundred (100) feet.

(6) Conformity

The operators of all boats or watercraft by means of which water skis, surfboards, aquaplanes or similar objects are being towed, and the riders of such objects, must conform to the same rules and clearances as provided in this chapter for motorboats or watercraft.

(7) Careful and Prudent Operation of Person Towed

No person shall water ski, aquaplane or engage in other similar water recreation operations on the waters in such an improper, careless, negligent or willful and wanton manner that in any way may endanger the health or safety of persons or property.

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(8) Careful and Prudent Operation by Operator

No person shall operate or cause, allow or permit any person to operate a motorboat or watercraft on the waters having in tow a person on water skis, aquaplane or similar water recreation device unless the person is operating the boat or watercraft in a careful and prudent manner and at a reasonable distance from person and property so as not to endanger the life or property of any person.

(9) Exceptions

The limitations of this section shall not apply to participants in ski meets or exhibitions authorized and conducted as provided in Section 20.09.

20.09 PERMIT FOR SPECIAL ACTIVITY

(1) Required Permits

No person shall conduct or participate in any motorboat race, motorboat regatta, water ski meet, sailboat race, sailboat regatta or other water sporting event or exhibition unless such event has been authorized by the Town Board or their authorized agent and a permit issued.

(2) Issuance of Permits

A permit issued under this section shall specify the course or area of water to be used by participants in such event. Permits shall be issued only when, in the opinion of the respective Town Board or its authorized agents, the proposed use of the water can be carried out safely and without danger to or substantial obstruction of other watercraft or persons using the lake. Permits shall be valid only for the day or days and hours and areas specified thereon.

(3) Rights of Participants

Watercraft and participants in any such permitted event shall have the right-of-way in the marked area.

20.10 POLLUTION/LITTERING PROVISIONS

(1) Solid Waste Pollution

No person shall cause, allow or permit any person to discharge any solid waste or any other waste in any waters, on the ice of any waters or upon other public or private property adjacent to waterways. This provision does not apply to a person

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who deposits or discharges solid waste or any other waste in conformance with Chapters 30, 31, 144, and 147, (2011-2012) Wis. Stats., or has a permit, license or other approval by the State Department of Natural Resources under these chapters.

(2) Motor Vehicles and Watercraft Abandonment

Any person who has placed or who has cause, allowed or permitted any person to place any motor vehicle, boat, watercraft or other vehicle into the waters shall remove said motor vehicle, boat, watercraft or other vehicle from the waters within ten (10) days of the discharge, deposit, placement or abandonment of the motor vehicle, boat, watercraft or other vehicle into the waters.

(3) Solid Waste Discharge from Watercraft

No person shall cause, allow or permit any person to deposit or discharge any solid waste or any other waste from any boat or watercraft into the waters, nor shall any person operating any boat or watercraft cause, allow or permit any such deposit or discharge into the waters.

(4) Solid Waste from Adjoining Land

No person shall cause, allow or permit any person to deposit or discharge or allow any such deposit or discharge of any solid waste or any other waste on land owned or occupied by that person wherein such solid waste or other waste will naturally flow or will, by aid of an artificial structure, flow into the waters or onto the ice of the waters.

(5) Overboard Discharge Inactivation

No boat or watercraft equipped with a means of discharging sewage directly from a toilet or holding tank into the water upon which the boat or watercraft is moored or is moved shall enter the lake until such means of discharge is inactivated. An owner or operator of a boat equipped with such means of discharge shall contact a representative of the Department of Natural Resources or a local law enforcement official with respect to inactivation before entering the lake. Overboard discharge inactivation shall include as a minimum either disconnection of the toilet piping, removal of the pumping device, securely plugging the discharge outlet, sealing the toilet bowl, with wax or other method approved by the official contacted. The inspecting official shall provide the boat or watercraft owner or operator with a signed written statement as to the method of inactivation accepted. The owner or operator shall give information as to the lake he or she plans to navigate and as to the time of stay on such waters. (Pursuant to Wisconsin Administrative Code Provisions, Ch. ILHR 86.07.)

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(6) Sanitation

No person shall deposit, place or throwaway from the shore, boat, watercraft, raft, pier or platform or similar structure ,any cans, bottles, debris, refuse, garbage, solid or liquid waste, sewage or effluent into the waters of the lake or upon the ice when formed, or cause or permit the same to be done by any agent or employee.

20.11 GENERAL ARTIFICIAL STRUCTURE IN WATER PROVISIONS

(1) Regulation of Artificial Structures, Rafts, Buoys, Platforms

No person shall cause, allow or permit any person to maintain rafts, buoys, platforms or any other artificial structure (other than a wharf or pier) except in compliance with this ordinance and the regulations of the Department of Natural Resources under Chapter 30, (2013-2014) Wis. Stats.

(2) Regulation of Mooring Buoys

a. The mooring buoy, on Powers Lake shall not be more than one hundred and fifty (150) feet from the shoreline (ordinary high water mark) and the mooring buoy, on Lake Benedict and Lake Tombeau shall not be more than one hundred twenty-five (125) feet from the shoreline (ordinary high water mark) .

b. Such buoys shall be all white with a blue stripe midway between the top and the waterline. They will be spherical or ovate in shape with a minimum of eighteen (18) inches above the water-line.

c. There shall be only one mooring for the lake frontage of the riparian owner unless a variance is requested and subsequently granted by the Town Board.

d. There shall be no more than one boat or watercraft attached to a single mooring.

e. The mooring lines or chains shall not exceed in length more than three (3) times the depth of the water in which the boat or watercraft is moored.

(3) Regulation of Rafts or Platforms

a. The structure shall be so anchored so that at least twelve (12) inches of freeboard extends above the water line.

b. The structure shall be painted white or kept its original color if made of reflective aluminum. If not of either above mentioned configuration then a red reflector of

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not less than three (3) inches in diameter shall be attached thereto no more than twelve (12) inches from each corner or projection.

c. The structure shall be placed within the riparian lines of the riparian owner.

d. The structure shall not be greater than one hundred (100) feet from the shoreline (ordinary high water mark).

(4) Regulation of Wharves and Piers

No person shall cause, allow or permit any person to construct, place, extend or maintain any wharf or pier in the waters in the Town and/or Village unless in compliance with the Department of Natural Resources under Chapter 30, (2013-2014) Wis. Stats., and the provisions of this ordinance.

(a) Any person may seek and obtain a variance under these provisions.

(b) The applicant of a variance will submit the application to the Town Board, which will review the application within 15 days after receipt. The application will contain at least the following information:

1. The name of the applicant. 2. The address of the applicant 3. The business and residential telephone number of the applicant. 4. The age of the applicant. 5. The tax parcel number of the property. 6. The location of the proposed pier or wharf. 7. The design and dimension of the project with attached maps and diagrams, including the type and amount of construction material to be used. Such maps and drawings shall include a scale drawing indicating the survey stakes nearest the lake, if possible, and the distances from such stakes to the proposed structure. 8. The height of the project above the water line. 9. The estimated number of persons to use the pier or wharf at any one time. 10. The type and nature of the anchorage of the structure. 11. The safety equipment to be used in the structure, if any.

(c) The Town Board shall consider the following items in reaching its written determination and in reaching its decision to grant a variance, upon conditions or deny the variance:

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1. The interference with the public right to navigate in navigable waters

2. The interference with the riparian rights of other riparian proprietors

3. The structure shall not interfere with the free movement of water underneath the pier or wharf

4. The structure shall be placed within the lot lines of the riparian owner.

5. Whether the structure will create a public nuisance.

(5) Location of Wharves, Piers, Swimming Rafts and Structures Attached Thereto

(a) No wharf, pier, swimming raft, or any structure attached thereto, shall be located, built, constructed or maintained on a lot or parcel within a distance of twelve and one-half (12-1/2) feet from a riparian proprietor's property line where such property line intersects the shoreline, nor shall the above be located, built, constructed or maintained within a distance of twelve and one-half (12-1/2) feet from a riparian proprietor's riparian line, as extended waterward from the shoreline. The maximum length of any wharf or pier shall be one hundred (100) feet from the shoreline. This restriction shall not apply to permissible preexisting wharves, piers, swimming rafts and structures attached thereto pursuant to the provisions in paragraph (3) (c) below.

(b) The provisions of Chapter NR 326 of the Wisconsin Administrative Code, as amended from time to time, shall apply in establishing the riparian proprietor's riparian lines as extended waterward from the shoreline.

(c) A wharf, pier, swimming raft or structure attached thereto is a permissible preexisting wharf, pier, swimming raft or structure attached thereto, if it existed prior to January 1, 1993, if it is not extended or expanded after that date, and if the ownership of the land to which it is attached did not change after that date, except that a wharf, pier, swimming raft or structure attached thereto continues its status as a permissible preexisting wharf, pier, swimming raft or structure attached thereto for one year after the date of the change of ownership is recorded. The seasonal removal of a wharf, pier, swimming raft or structure attached thereto does not affect its status as a permissible preexisting wharf, pier, swimming raft or structure attached

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thereto if it is reestablished in substantially the same form. The owner of a wharf, pier, swimming raft or structure attached thereto may submit evidence to the Town Board that it is a permissible preexisting wharf, pier, swimming raft or structure attached thereto at any time after the effective date of this ordinance.

(6) Fire Lane Obstructed

No pier, wharf, raft, platform, mooring buoy, vehicle or other structure shall be placed in the waters located within the boundary of a designated fire lane unless so approved by the Town Board.

(7) Removal of Piers and Shore Stations

All piers, rafts, mooring buoys, and their supports and all shore stations shall either be completely removed from the water by December 1st of each year, or allowed to remain completely intact in the water through the winter months. If left in the water after December 1st, the pier or shore station shall be marked by readily visible red reflective flags, spaced at intervals of not less than ten (10) feet, at a height of at least thirty (30) inches above the deck in such a manner as to give a warning to other users of the Lake. All buoys shall be removed from the water by December 1st of each year. Any pier, shore station or buoy removed from the water pursuant to this section may be replaced in the next year after the ice is out of the waters.

(8) Interference with Public Rights

No person shall cause, allow or permit any person to construct or maintain any wharf, pier, beach, mooring or any other structure in the waters which interferes with the public right to navigate in navigable waters unless the person has a permit issued by the Department of Natural Resources under Sec. 30.12, (2013- 2014) Wis. Stats.

(9) Interference with Riparian Rights

No person shall cause, allow, or permit any person to construct or maintain a wharf, pier, beach, mooring or any other structure which interferes with the riparian rights of other riparian proprietors on waters unless the person has a permit issued by the Department of Natural Resources under Sec. 30.12, (2013-2014) Wis. Stats.

(10) Removal of wharves and Piers in Navigable Waters

No person shall cause, allow or permit any person to maintain any wharf or pier in the waters if the wharf or pier is so old,

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dilapidated or is in such need of repair that it is dangerous, unsafe or unfit for use by the public. The Town Board and/or Village Board may proceed under Sec. 30.13(5m)(a)2 (2013-2014) Wis. Stats., or may proceed under Chapter 823, (2013-2014) Wis. Stats.

(11) Pierhead Lines

For the protection of public rights in the navigable waters, as allowed in Section 30.13(3)(b) of the Wisconsin Statutes, and pursuant to the provisions of Section 30.13(3)(a) of the Wisconsin Statutes, a pierhead line is established along a line on and into Powers Lake and Lake Benedict (but not Lake Tombeau) that is One Hundred Feet (100’) from the adjacent shore. A map of the pierhead lines and related shores shall be shown on maps drawn in accordance with the provisions of Sections 30.13(a) and 30.11(3) of the Wisconsin Statutes, and upon the approval of the State of Wisconsin Department of Natural Resources of this present pierhead ordinance and related maps, this pierhead ordinance and related maps shall be recorded at the Offices of the Register of Deeds for Kenosha County, Wisconsin, and Walworth County, Wisconsin, all as provided for in Sections 30.13(a) and 30.11(3) of the Wisconsin Statutes.

20.12 WATER SAFETY PATROL, MARKERS AND NAVIGATION AIDS

(1) Duty of Chief of Water Safety Patrol

(a) The Chief of Water Safety Patrol is authorized and directed to place and maintain suitable regulatory markers, navigation aids and signs, and waterway markers in such areas of the lake as shall be necessary under this ordinance, state law and state administrative code provisions, and to advise the public of the provisions of this ordinance and such state law and state administrative code provisions, and he or she shall post and maintain a copy of this ordinance at all public access points to the lake within the jurisdiction of the Town Board and/or Village Board, as applicable.

(b) Water Safety Patrol watercraft and authorized personnel of the Water Safety Patrol when on duty, are exempt from provision of this instant chapter when said watercraft and personnel are used and employed in the lawful execution of their duties and responsibilities during the enforcement of this instant chapter.

(2) Standard Markers

All buoys, regulatory markers, aids to navigation or waterway markers shall conform to requirements of NR 5.09 Wisconsin Administrative Code and may have affixed thereto such numbers as

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are assigned to them by the chief of the Water Safety Patrol; such numbers are to be located at least twelve (12) inches above the waterline.

(3) Interference with Markers

No person shall, without authority, remove, damage or destroy or moor or attach any watercraft to any buoy, beacon or marker placed in the waters of the lake by the authority of the United States, the State, municipality or by any private person pursuant to the provisions of this chapter.

20.13 REPEAL OF CONFLICTING ORDINANCES

Any ordinance conflicting with the provisions of this ordinance or any part thereof is hereby repealed.

20.14 SEPARABILITY

If any section, subsection, sentence, portion of this ordinance is for any reason held unconstitutional, by reason of any decision made by a court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, or phrase or portion thereof. The Town Board of Randall and the Village Board of Bloomfield, in adopting this ordinance declare that they 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.

20.15 MONEY DEPOSITS

(1) If a person is cited or arrested, the person may deposit the amount of money the enforcing officer directs by mailing the deposit and a copy of the citation to the office of the municipal court having jurisdiction or by going to the municipal court or the office of the Water Safety Patrol.

(2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the municipal court regarding the disposition of the deposit and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment plus costs not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the check shall be considered a receipt.

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(3) If the court does not accept the deposit as a forfeiture for the offense, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

20.16 PENALTIES

(1) The statutory provisions set forth in Sec. 30.80, (2013-2014) Wis. Stats., describing and defining forfeitures with respect to violations of the provisions of Sections 30.50 through 30.71, (2013-2014) Wis. Stats., as adopted by subsection 20.04(1) of this ordinance, are hereby adopted and by reference made a part of this chapter as if fully set forth herein.

(2) Any person who shall violate any provisions of this ordinance set forth in sections 20.01 through 20.12, inclusive, except as otherwise specified in paragraph 20.16(1) of this subsection, shall, upon conviction thereof, forfeit not more than Fifty Dollars ($50.00) for the first offense and not more than One Hundred Dollars ($100.00) upon the conviction of the same offense a second and subsequent time within one (1) year.

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CHAPTER 21 STORM WATER MANAGEMENT

21.1 Authority 21.2 Findings of Fact 21.3 Purpose and Intent 21.4 Applicability and Jurisdiction 21.5 Definitions 21.6 Maximum Extent Practicable 21.7 Technical Standards 21.8 Performance Standards 21.9 Storm Water Management Plan 21.10 Financial Guarantee 21.11 Maintenance Agreement 21.12 Enforcement 21.13 Permit Requirements 21.14 Pre-Existing Storm Water Management Violations 21.15 Appeals

Chapter 21 Board Action Adopted December 20, 2011 as part of Village Incorporation (as Chapter 20) Chapter 21 Created, April 11, 2016, Ordinance No. 2016-O-03 Chapter 21 Re-Created, April 10, 2017, Ordinance No. 2017-O-03 21.1 AUTHORITY (1) This ordinance is adopted by the Village of Bloomfield under the authority granted by s.61.354, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s. 61.35, Wis. Stats., that relate to storm water management regulations. Except as otherwise specified in s. 61.354, Wis. Stats. applies to this ordinance and to any amendments to this ordinance.

(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.

(3) The Village of Bloomfield hereby designates the Village Engineer to administer and enforce the provisions of this ordinance.

(4) The requirements of this ordinance do not pre-empt more stringent storm water management requirements that may be imposed by any of the following:

(a) Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under ss. 281.16 and 283.33, Wis. Stats. (b) Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under s. NR 151.004, Wis. Adm. Code.

21.2 FINDINGS OF FACT The Village of Bloomfield acknowledges that uncontrolled, post- construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:

(1) Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.

(2) Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.

(3) Alter wetland communities by changing wetland hydrology and

2 of 35 by increasing pollutant loads.

(4) Reduce the quality of groundwater by increasing pollutant loading.

(5) Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.

21.3 PURPOSE AND INTENT (1) PURPOSE: The general purpose of this ordinance is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to: (a) Further the maintenance of safe and healthful conditions. (b) Prevent and control the adverse effects of storm water; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth. (c) Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; and control increases in the scouring and transportation of particulate matter. (d) Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.

(2) INTENT. It is the intent of the Village that this ordinance regulates post-construction storm water discharges to waters of the state. This ordinance may be applied on a site-by-site basis. The Village recognizes, however, that the preferred method of achieving the storm water performance standards set forth in this ordinance is through the preparation and implementation of comprehensive, systems-level storm water management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional storm water devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards

3 of 35 developed under s. 281.16, Wis. Stats., for regional storm water management measures and have been approved by the Village, it is the intent of this ordinance that the approved storm water management plan be used to identify post-construction management measures acceptable for the community.

21.4 APPLICABILITY AND JURISDICTION

(1) APPLICABILITY. (a) Except as provided under par. (b), this ordinance applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.

(b) A site that meets any of the criteria in this paragraph is exempt from the requirements of this ordinance: 1. A post-construction site with less than ten percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of this ordinance.

2. Agricultural facilities and practices.

3. Underground utility construction, but not including the construction of any above ground structures associated with utility construction. (c) Notwithstanding the applicability requirements in par. (a), this ordinance applies to post- construction sites of any size that, as determined by the are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.

(2) JURISDICTION. This ordinance applies to post construction sites within the boundaries and jurisdiction of the Village of Bloomfield.

4 of 35 (3) EXCLUSIONS. This ordinance is not applicable to activities conducted by a state agency, as defined under s.227.01 (1), Wis. Stats

21.5 DEFINITIONS For the purposes of this Chapter, the following words have the following meanings:

(1) “Adequate sod, or self-sustaining vegetative cover" means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

(2) “Administering authority” means a governmental employee, or a regional planning commission empowered under s. 61.354 Wis. Stats., that is designated by the Village of Bloomfield to administer this ordinance.

(3) “Agricultural facilities and practices” means a structure associated with an agricultural practice. Practices include beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.

(4) “Atlas 14” means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.

(5) “Average annual rainfall” means a typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.

(6) “Best management practice” or “BMP” means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

(7) “Business day” means a day the office of the Village of

5 of 35 Bloomfield is routinely and customarily open for business.

(8) “Cease and desist order” means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Village of Bloomfield.

(9) “Combined sewer system” means a system for conveying both sanitary sewage and storm water runoff.

(10) “Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path

(11) "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall

(12) “Development” means residential, commercial, industrial or institutional land uses and associated roads.

(13) “Direct conduits to groundwater” means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.

(14) “Effective infiltration area” means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

(15) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice or gravity.

(16) "Exceptional resource waters" means waters listed in s. NR 102.11, Wis. Adm. Code.

(17) “Gross aggregate area” means the total area, in acres, of all land located within the interior property boundary containing a proposed land development, redevelopment, or property subdivision activity.

(18) "Filtering layer" means soil that has at least a 3-foot deep layer with at least 20 percent fines; or at least a 5-foot deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by

6 of 35 the regulatory authority for the site.

(19) "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70 percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

(20) “Financial guarantee” means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Village of Bloomfield by the responsible party to assure that requirements of the ordinance are carried out in compliance with the storm water management plan.

(21) “Governing body” means town board of supervisors, county board of supervisors, city council, village board of trustees or village council

(22) “Impervious surface” means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.

(23) “In-fill” means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.

(24) “Infiltration” means the entry of precipitation or runoff into or through the soil.

(25) “Infiltration system” means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

(26) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering,

7 of 35 filling and grading activities.

(27) "Landowner" means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land disturbing construction activity or maintenance of storm water BMPs on the property.

(28) “Maintenance agreement” means a legal document that provides for long-term maintenance of storm water management practices.

(29) “Maximum extent practicable” means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with section 21.6 of this ordinance.

(30) “New development” means development resulting from the conversion of previously undeveloped land or agricultural land uses.

(31) “NRCS MSE3 or MSE4 distribution” means a specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.

(32) “Off-site” means located outside the property boundary described in the permit application.

(33) “On-site” means located within the property boundary described in the permit application.

(34) "Ordinary high-water mark" has the meaning given in s. NR 115.03 (6), Wis. Adm. Code.

(35) “Outstanding resource waters” means waters listed in s. NR 102.10, Wis. Adm. Code.

(36) "Percent fines" means the percentage of a given sample of soil, which passes through a #200 sieve.

(37) “Performance standard” means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(38) “Permit” means a written authorization made by the Village of Bloomfield to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

8 of 35

(39) “Permit administration fee” means a sum of money paid to the Village of Bloomfield by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

(40) “Pervious surface” means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

(41) “Pollutant” has the meaning given in s. 283.01 (13), Wis. Stats.

(42) “Pollution” has the meaning given in s. 281.01 (10), Wis. Stats.

(43) “Post-construction site" means a construction site following the completion of land disturbing construction activity and final site stabilization.

(44) “Pre-development condition” means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

(45) “Preventive action limit” has the meaning given in s. NR 140.05 (17), Wis. Adm. Code.

(46) “Protective area” means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.

(47) "Redevelopment” means areas where development is replacing older development.

(48) “Responsible party” means the landowner or any other entity performing services to meet the requirements of this ordinance through a contract or other agreement. “Runoff” means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(49) “Separate storm sewer” means a conveyance or system of conveyances including roads with drainage systems, streets,

9 of 35 catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria: (a) Is designed or used for collecting water or conveying runoff. (b) Is not part of a combined sewer system. (c) Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment. (d) Discharges directly or indirectly to waters of the state.

(50) "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a Silviculture activity.

(51) “Site” means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.

(52) “Stop work order” means an order issued by the Village of Bloomfield which requires that all construction activity on the site be stopped.

(53) “Storm water management plan” means a comprehensive plan designed to reduce the discharge of pollutants from storm water, after the site has under gone final stabilization, following completion of the construction activity.

(54) “Storm water management system plan” is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

(55) "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(56) “Top of the channel” means an edge, or point on the landscape landward from the ordinary high- water mark of a surface water of the state, where the slope of the land begins to be less than 12 percent continually for at least 50 feet. If the slope of the land is 12 percent or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.

(57) "Total maximum daily load" or "TMDL" means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality

10 of 35 limited segment and still ensure attainment of the applicable water quality standard.

(58) “TP-40“ means Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

(59) "TR-55" means the United States department of agriculture, natural resources conservation service (previously soil conservation service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.

(60) “Transportation facility” means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under s. 85.095 (1)(b), Wis. Stats. “Transportation facility” does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to s. 281.33, Wis. Stats.

(61) “TSS” means total suspended solids.

(62) “Type II distribution” means a rainfall type curve as established in the “United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973”.

(63) “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

21.6 MAXIMUM EXTENT PRACTABLE Maximum extent practicable applies when a person who is subject to a performance standard of this ordinance demonstrates to the Village Engineer’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall consider the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

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21.7 TECHNICAL STANDARDS The following methods shall be used in designing the water quality, peak discharge, and infiltration components of storm water practices needed to meet the water quality standards of this ordinance:

(1) Consistent with the technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code Where technical standards have not been identified, or developed by the Wisconsin Department of Natural Resources, other technical standards may be used provided that the methods have been approved by the Village of Bloomfield.

21.8 PERFORMANCE STANDARDS

(1) RESPONSIBLE PARTY. The responsible party shall comply with this section.

(2) STORM WATER MANAGEMENT PLAN. A written storm water management plan in accordance with S. 21.11 shall be developed and implemented for each post-construction site.

(3) MAINTENANCE OF EFFORT. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of NR 151 in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this ordinance, whichever is more stringent.

(4) REQUIREMENTS. The storm water management plan required under sub. (2) shall include the following: (a) TOTAL SUSPENDED SOLIDS. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:

1. BMPs shall be designed in accordance with Table 1. or to the maximum extent practicable as provided in subd. 2. The design shall be based on an average annual rainfall, as compared to

12 of 35 no runoff management controls.

Table 1. TSS Reduction Standards Development Type TSS Reduction New Development 80 percent In-fill development 80 percent Redevelopment 40 percent of load from parking areas and roads

2. Maximum Extent Practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 1., the storm water management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable.

3. Off-Site Drainage. When designing BMPs, runoff draining to the BMP from off- site shall be taken into account in determining the treatment efficiency of the practice. Any impact on the efficiency shall be compensated for by increasing the size of the BMP accordingly.

(b) PEAK DISCHARGE.

1. By design, BMPs shall be employed to maintain or reduce the 1-year, 24-hour; the 2-year, 24-hour; and the 10-year, 24-hour post-construction peak runoff discharge rates to the 1- year, 24-hour; 2-year, 24-hour; and the 10-year; 24-hour pre- development peak runoff discharge rates respectively, or to the maximum extent practicable. Storage shall be provided to accommodate up to a 100- year, 24-hour design storm for post-development land cover with a maximum discharge rate of the 10-year predevelopment rate. The runoff curve numbers in Table 2. shall be used to represent the actual pre-development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the appropriate NRCS

13 of 35 Wisconsin MSE3 or MSE4 precipitation distribution. On a case-by-case basis, the Village Engineer may allow the use of TP-40 precipitation depths and the Type II distribution.

Table 2. Maximum Pre-Development Runoff Curve Runoff Curve Hydrologic Number Soil Group A B C D Woodland 30 55 70 77 Grassland 39 61 71 78 Cropland 55 69 78 83

2. This subsection of the ordinance does not apply to any of the following: a. A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles. b. Except as provided under S. 21.8 (3), a redevelopment post-construction site. c. An in-fill development area less than 5 acres.

(c) INFILTRATION. 1. Best Management Practices. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable: a. Low imperviousness. For development up to 40 percent connected imperviousness, such as parks, cemeteries, and low density residential development, infiltrate sufficient runoff volume so that the post- development infiltration volume shall be at least 90 percent of the pre- development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the post-construction site is required as

14 of 35 an effective infiltration area. b. Moderate imperviousness. For development with more than 40 percent and up to 80 percent connected imperviousness, such as medium and high density residential, multi-family development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post- development infiltration volume shall be at least 75 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2 percent of the post- construction site is required as an effective infiltration area. c. High imperviousness. For development with more than 80 percent connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2 percent of the post-construction site is required as an effective infiltration area. 2. Pre-development. The pre-development condition shall be the same as specified in Table 2 of the Peak Discharge section of this ordinance. 3. Source Areas. a. Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in S. 21.8 (4)(c)6.: i. Areas associated with a tier 1 industrial facility identified in s. NR 216.21 (2)(a), including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority. ii. Storage and loading areas of a tier 2 industrial facility identified in s. NR

15 of 35 216.21 (2)(b). iii. Fueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority. b. Exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these source areas is optional: i. Parking areas and access roads less than 5,000 square feet for commercial development. ii. Parking areas and access roads less than 5,000 square feet for industrial development not subject to the Prohibitions under par a. iii. Except as provided under S. 28.1 (3), redevelopment post-construction sites. iv. In-fill development areas less than 5 acres. v. Roads on commercial, industrial and institutional land uses, and arterial residential roads. 4. Location of Practices. a. Prohibitions. Infiltration practices may not be located in the following areas:

i. Areas within 1000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater. ii. Areas within 400 feet of a community water system well as specified in s. NR 811.16 (4) or within the separation distances listed in s. NR 812.08 for any private well or non-community well for runoff infiltrated from commercial, including multi-family residential, industrial and institutional land uses or regional devices for one- and two-family residential development. iii. Areas where contaminants of concern, as defined in s. NR 720.03 (2), are present in the soil through which infiltration

16 of 35 will occur. b. Separation distances.

i. Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with Table 3:

Table 3. Separation Distances and Soil Source Area Separation Soil

Industrial, Commercial, 5 feet or more Filtering Layer Institutional Parking Lots Residential Arterial Roads 5 feet or more Filtering Layer Native or Roofs Draining to 1 foot or more Subsurface Infiltration Engineered Soil Practices with Particles Finer than Coarse Sand

Roofs Draining to Surface Not Applicable Not Applicable Infiltration Practices All Other Impervious 3 feet or more Filtering Layer

ii. Notwithstanding par. b., applicable requirements for injection wells classified under ch. NR 815 shall be followed. c. Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirements under the following conditions, but the decision to infiltrate under these conditions is optional: i. Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inches per hour using a scientifically credible field test method. ii. Where the least permeable soil horizon to 5 feet below the proposed bottom of

17 of 35 the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.

5. Alternate Use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry, or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.

6. Groundwater Standards. a. Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable. b. Notwithstanding par. a., the discharge from BMPs shall remain below the enforcement standard at the point of standards application.

7. Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with subd. 6. Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips. 8. Maximum Extent Practicable. Where the conditions

18 of 35 of subd. 3. and 4. limit or restrict the use of infiltration practices, the performance standard of S. 21.8 (4)(c) shall be met to the maximum extent practicable.

(d) PROTECTIVE AREAS. 1. Definition. In this section, “protective area” means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this section, “protective area” does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location. a. For outstanding resource waters and exceptional resource waters, 75 feet. b. For perennial and intermittent streams identified on a U.S. Geological Survey 7.5- minute series topographic map, or a county soil survey map, whichever is more current, 50 feet. c. For lakes, 50 feet. d. For wetlands not subject to par. e. or f., 50 feet. e. For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds. f. For less susceptible wetlands, 10 percent of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include: degraded wetland dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland. g. In pars. d. to f., determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the

19 of 35 sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in s. NR 103.03. h. Wetland boundary delineation shall be made in accordance with s. NR 103.08 (1m). This paragraph does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after a fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location. i. For concentrated flow channels with drainage areas greater than 130 acres, 10 feet. j. Notwithstanding pars. a. to i., the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.

2. Applicability. This section applies to post- construction sites located within a protective area, except those areas exempted pursuant to subd. 4.

3. Requirements. The following requirements shall be met: a. Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the storm water management plan shall contain a written, site-specific explanation. b. Where land disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70 percent or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of

20 of 35 fish habitat, and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Non-vegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion such as on steep slopes or where high velocity flows occur. c. BMPs such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.

4. Exemptions. This section does not apply to any of the following: a. Except as provided under S. 21.8 (3), redevelopment post-construction sites. b. In-fill development areas less than 5 acres. c. Structures that cross or access surface water such as boat landings, bridges, and culverts. d. Structures constructed in accordance with s. 59.692 (1v), Stats. e. Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the local ordinance requirements for total suspended solids and peak flow reduction, except to the extent that vegetative ground cover is necessary to maintain bank stability.

(e) FUELING AND MAINTENANCE AREAS. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.

(f) SWALE TREATMENT FOR TRANSPORTATION FACILITIES.

1. Requirement. Except as provided in subd. 2., transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of local ordinance requirements for peak flow control, total suspended solids control, and infiltration, if

21 of 35 the swales are designed to do all of the following or to the maximum extent practicable: a. Swales shall be vegetated. However, where appropriate, non-vegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams. b. Swales shall comply with sections V.F. (Velocity and Depth) and V.G. (Sale Geometry Criteria) with a swale treatment length as long as that specified in section V.C. (Pre-Treatment) of the Wisconsin Department of Natural Resources technical standard 1005 “Vegetated Infiltration Swales”, dated May 2007, or a superseding document. Transportation facility swale treatment does not have to comply with other sections of technical standard 1005.

2. Other requirements. a. Notwithstanding subd. 1., the Village may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is one of the following: i. An outstanding resource water. ii. An exceptional resource water. iii. Waters listed in section 303 (d) of the Federal Clean Water Act that are identified as impaired in whole or in part, due to non-point source impacts. iv. Water where targeted performance standards are developed pursuant to s. NR 151.004, Wis. Adm. Code. b. The transportation facility authority shall contact the Village Engineer to determine if additional BMPs beyond a water quality swale are needed under this subsection.

(5) GENERAL CONSIDERATIONS FOR STORM WATER MANAGEMENT MEASURES. The following considerations shall be

22 of 35 observed in on-site and off-site runoff management:

(a) Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section. (b) Emergency overland flow for all storm water facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.

(6) BMP LOCATION.

(a) To comply with the performance standards required under S. 21.8 of this ordinance, BMPs may be located on−site or off−site as part of a regional storm water device, practice or system, but shall be installed in accordance with s. NR 151.003, Wis. Adm. Code. (b) The Village Engineer may approve off-site management measures provided that all of the following conditions are met: 1. The Village Engineer determines that the post- construction runoff is covered by a storm water management system plan that is approved by the Village and that contains management requirements consistent with the purpose and intent of this ordinance. 2. The off-site facility meets all the following conditions: a. The facility is in place. b. The facility is designed and adequately sized to provide a level of storm water control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this ordinance. c. The facility has a legally obligated entity responsible for its long-term operation and maintenance.

(c) Where a regional treatment option exists such that the exempts the applicant from all or part of the minimum on-site storm water management requirements, the applicant shall be required to pay a fee in an

23 of 35 amount determined in negotiation with the Village. In determining the fee for post-construction runoff, the Village Engineer shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.

(7) ADDITIONAL REQUIREMENTS. The Village may establish storm water management requirements more stringent than those set forth in this ordinance if the Village Engineer determines that the requirements are needed to control storm water quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment.

21.9 STORM WATER MANAGEMENT PLAN

(1) STORM WATER MANAGEMENT PLAN REQUIREMENTS. The storm water management plan required under S. 21.8 (2) shall contain at a minimum the following information:

(a) Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person(s) responsible for installation of storm water management practices; and person(s) responsible for maintenance of storm water management practices prior to the transfer, if any, of maintenance responsibility to another party.

(b) A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey system or to block and lot numbers within a recorded land subdivision plat.

(c) Pre-development site conditions, including: 1. One or more site maps at a scale of not less than 1 inch equals 100 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at a scale not to exceed one foot; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the

24 of 35 site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all storm water conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to s. NR 811.16, Wis. Adm. Code. 2. Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s).

(d) Post-development site conditions, including: 1. Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands. 2. Explanation of any restrictions on storm water management measures in the development area imposed by wellhead protection plans and ordinances. 3. One or more site maps at a scale of not less than 1 inch equals 100 feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at a scale not to exceed one foot; post-construction drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all storm water conveyance sections; location and type of all storm water management conveyance and treatment practices, including the on-site and off- site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the

25 of 35 nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site. 4. Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map(s). 5. Results of investigations of soils and groundwater required for the placement and design of storm water management measures. Detailed drawings including cross-sections and profiles of all permanent storm water conveyance and treatment practices. (e) A description and installation schedule for the storm water management practices needed to meet the performance standards in S. 21.8. (f) A maintenance plan developed for the life of each storm water management practice including the required maintenance activities and maintenance activity schedule. (g) Cost estimates for the construction, operation, and maintenance of each storm water management practice. (h) Other information requested in writing by the Village Engineer to determine compliance of the proposed storm water management measures with the provisions of this ordinance. (i) All site investigations, plans, designs, computations, and drawings shall be certified by a [licensed professional engineer] to be prepared in accordance with accepted engineering practice and requirements of this ordinance.

(2) ALTERNATE REQUIREMENTS. The Village Engineer may prescribe alternative submittal requirements for applicants seeking an exemption to on-site storm water management performance standards under S. 21.8 (5).

26 of 35 21.10 FINANCIAL GUARANTEE

(1) ESTABLISHMENT OF THE GUARANTEE. The Village may require the submittal of a financial guarantee, in the form an irrevocable letter of credit, certified check, surety bond or other from acceptable to the Village. The financial guarantee shall be in an amount determined by the Village Engineer to be the estimated cost of construction and the estimated cost of maintenance of the storm water management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Village of Bloomfield the authorization to use the funds to complete the storm water management practices if the responsible party defaults or does not properly implement the approved storm water management plan, upon written notice to the responsible party by the Village Engineer that the requirements of this ordinance have not been met.

(2) CONDITIONS FOR RELEASE. Conditions for the release of the financial guarantee are as follows: (a) The Village shall release the portion of the financial guarantee established under this section, less any costs incurred by the Village to complete installation of practices, upon submission of "as built plans" or “record” drawings by a licensed professional engineer. The Village may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages. (b) The Village shall release the portion of the financial guarantee established under this section to assure maintenance of storm water practices, less any costs incurred by the Village, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.

21.11 MAINTENANCE AGREEMENT (1) MAINTENANCE AGREEMENT REQUIRED. The maintenance agreement required under S. 21.13(2) for storm water management practices shall be an agreement between the Village of Bloomfield and the responsible party to provide for maintenance of storm water practices beyond the duration period of this permit. The maintenance agreement shall be filed with the Walworth County

27 of 35 Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the storm water management practices.

(2) AGREEMENT PROVISIONS. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by S. 21.09 (1)(f): (a) Identification of the storm water facilities and designation of the drainage area served by the facilities. (b) A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under S. 21.13 (2). (c) Identification of the responsible party(s), organization or village responsible for long term maintenance of the storm water management practices identified in the storm water management plan required under S. 21.13 (2). (d) Requirement that the responsible party(s), organization, or city, county, town or village shall maintain storm water management practices in accordance with the schedule included in par. (b). (e) Authorization for the Village Engineer or their representatives to access the property to conduct inspections of storm water management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement. (f) A requirement of the Village Board to maintain public records of the results of the site inspections, to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the storm water management practice into proper working condition. (g) Agreement that the party designated under par. (c), as responsible for long term maintenance of the storm water management practices, shall be notified by the Village Engineer of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Village Board. (h) Authorization of the Village Board to perform the corrected actions identified in the inspection report if the responsible party designated under par. (c)

28 of 35 does not make the required corrections in the specified time. The Village Clerk shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to subch. VII of ch. 66, Wis. Stats.

21.12 ENFORCEMENT

Unless otherwise stated herein, any violation of this Chapter may be punished pursuant to Chapter 25.04 of these Ordinances.

(1) Any land disturbing construction activity or post- construction runoff initiated after the effective date of this ordinance by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this ordinance. (2) The Village shall notify the responsible party by certified mail of any non- complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. (3) Upon receipt of written notification from the Village under sub. (2), the responsible party shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Village of Bloomfield in the notice. (4) If the violations to a permit issued pursuant to this ordinance are likely to result in damage to properties, public facilities, or waters of the state, the Village of Bloomfield may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Village plus interest and legal costs shall be billed to the responsible party. (5) The Village is authorized to post a stop work order on all land disturbing construction activity that is in violation of this ordinance, or to request the Village attorney to obtain a cease and desist order in any court with jurisdiction. (6) The Village may revoke a permit issued under this ordinance for noncompliance with ordinance provisions. (7) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by

29 of 35 the Village of Bloomfield or by a court with jurisdiction. (8) The Village of Bloomfield is authorized to refer any violation of this ordinance, or a stop work order or cease and desist order issued pursuant to this ordinance, to the village attorney for the commencement of further legal proceedings in any court with jurisdiction. (9) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than $10.00 dollars or more than $5,000.00 dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense. (10) Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

When the Village determines that the holder of a permit issued pursuant to this ordinance has failed to follow practices set forth in the storm water management plan, or has failed to comply with schedules set forth in said storm water management plan, the Village Engineer or a party designated by the Village may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved storm water management plan. The Village shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to chapter 21.10 of this ordinance. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property

21.13 PERMIT REQUIREMENTS

(1) PERMIT REQUIRED. No person shall undertake a land development, redevelopment or property subdivision activity subject to the requirements of this Ordinance without receiving a permit from the Village Engineer prior to commencing the proposed land development, redevelopment or property subdivision activity.

(2) PERMIT APPLICATION AND FEE. Any person desiring a permit shall submit to the Village Engineer a permit application made on a form provided by the Village. A permit application must be accompanied by a storm water management plan, a

30 of 35 maintenance agreement; the financial guarantee required under the provisions of this Ordinance; and a nonrefundable permit administration fee of $200.00. The applicant shall also be required to pay engineering fees associated with the review of the storm water management plan, and inspection of the constructed facilities for conformance with the plan requirements. The storm water management plan shall be prepared to meet the requirements of S. 21.8 and S. 21.9, the maintenance agreement shall be prepared to meet the requirements of S. 21.11, the financial guarantee shall meet the requirements of s. 21.10, and fees shall be those established by the Village as set forth in S. 21.12.

(3) APPLICATION REVIEW. The Village Engineer shall, within 30 calendar days of the receipt of a permit application or re-submittal, review the application for compliance with the requirements of this Ordinance and shall inform the applicant whether the application plan and financial guarantee are approved or disapproved. If the application is approved, the permit shall be issued by the Village. If the application is disapproved, the applicant shall be advised in writing of the reasons for disapproval.

(4) PERMIT REQUIREMENTS. All permits issued under this Ordinance shall be subject to the following conditions and holders of permits issued under this Ordinance shall be deemed to have accepted these conditions. The Village Board may suspend or revoke a permit for violation of a permit condition following written notification to the responsible party.

(a) Compliance with a permit issued under this Ordinance does not relieve the responsible party of responsibility to comply with other applicable Federal, State and municipal laws and regulations.

(b) The responsible party shall properly install all structural and nonstructural storm water management measures recommended in the approved site-specific storm water management plan.

(c) The responsible party shall notify the Village Engineer at least three working days before commencing any work to implement the approved site-specific storm water management plan, and within the next working day upon completion of the work.

(d) Upon completion of the storm water management facilities

31 of 35 and other measures required by the approved plan, the Village Engineer shall conduct an inspection of those facilities and measures to determine if they were constructed in accordance with the approved plan and the requirements of this Ordinance. The Village Engineer shall notify the responsible party in writing of any changes required in the facilities and measures to bring them into compliance with the approved plan and the requirements of this Ordinance.

(e) Upon final approval of the constructed storm water management facilities, the developer or subdivider shall have an “as-built” plan prepared by a licensed professional engineer or registered land surveyor correctly showing the locations, configurations, and elevations of the completed facilities and measures. The “as-built” plan shall be prepared to the same scale, contour interval and vertical datum as the approved site-specific storm water management plan and shall be subject to the approval of the Village Engineer.

(f) If so directed by the Village Engineer, the responsible party shall repair at the responsible party’s own expense any and all damage to adjoining municipal facilities and drainage ways caused by storm water runoff where such damage was caused by activities not in compliance with the approved site- specific storm water management plan.

(g) The responsible party shall permit property access to the Village Engineer or its designee for the purpose of inspecting the property for compliance with the approved storm water management plan and this permit.

(h) The responsible party shall notify the Village Engineer of any significant modifications it intends to make to an approved storm water management plan. The Village Engineer may require that the proposed modifications be submitted for approval prior to incorporation into the storm water management plan and execution by the responsible party.

(i) The responsible party shall maintain all storm water management practices in accordance with the storm water management plan until the practices either become the responsibility of the Village or are transferred to subsequent private owners as specified in the approved maintenance agreement.

32 of 35 (j) Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Village may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.

(5) PERMIT CONDITIONS. Permits issued under this subsection may include conditions established by Village Engineer in addition to the requirements needed to meet the performance standards in S. 21.8 or a financial guarantee as provided for in S. 21.10.

(6) PERMIT VALIDITY. Permits issued under this Ordinance shall be valid from the date of issue through the date upon which the Village Engineer notifies the responsible party that all storm water management facilities and measures have satisfactorily met final inspection by the Village Engineer.

21.14 PRE-EXISTING STORM WATER MANAGEMENT VIOLATIONS

(1) CONDITIONS CONSTITUTING A NUISANCE. It is hereby declared that the following conditions in existence prior to the adoption of this Ordinance hereby constitute a public nuisance with affects the health, safety and property values within the Village of Bloomfield:

(a) Any bodies of water existing for longer than 12 hours as a direct or proximate result of human intervention in the natural diversion or drainage of storm water or snowmelt water.

(2) EXCEPTIONS. Nuisance conditions as described above shall not include the following:

(a) Natural occurring water courses or bodies of water.

(b) Any bodies of water protected and/or regulated by the United States or the State of Wisconsin.

(c) Any body of water existing less than 12 hours before such body of water drains away, evaporates, or otherwise dissipates.

(d) Intentionally created man-made bodies of water including, but not limited to swimming/wading pools, decorative ponds, man-made ponds/lakes, man-made waterfalls or other water courses or any other container of water

33 of 35 capable of being moved.

(e) Any naturally occurring permanent or temporary bodies of water, including, but not limited to the flood plains, depressions, kettles, wetlands, marshes, swamps, lakes, ponds, creeks, rivers, or springs, so long as such body of water is not substantially created to the man-made divergence or diversion of storm water, or unless otherwise accepted herein.

(3) NOTICE TO ABATE. The Village, in its discretion, may give notice to any owner of property on which is found a preexisting storm water violation. Such notice shall be in written form in a format created by the Village, notifying the property owner of the nature of the violation and of procedures for contesting the alleged violation, remediation, penalties, and including references to appropriate municipal ordinances.

(a) Any person alleged to be the property owner of an alleged pre-existing storm water nuisance violation shall be given the above stated notice, and shall be afforded an opportunity to personally speak to the Village Board at a formal hearing to contest or otherwise discuss the alleged violation. Such hearing shall be afforded the property owner if the property owner files a written request for such a hearing within 10 days of receiving the notice of the alleged pre-existing storm water management violation. The notice to the property owner shall include notice of each of these rights and procedures. (b) If the property owner fails to remedy the storm water nuisance condition or to submit a plan to the Village detailing how the condition will be remedied in a timely manner, then the Village may, with the permission of the property owner, enter upon the property and remedy the nuisance condition therein. Any costs incurred by the Village in correcting the nuisance condition shall be paid by the property owner, and upon failure to do so within 30 days of written notice of those costs, then the Village may add such costs to the subject property’s tax bill as a special assessment. If the property owner submits a remediation plan in a timely manner, but the Village deems it unacceptable, then the property owner shall be afforded and notified of the right to appeal the decision of the Village Board to the County Circuit Court by the filing with the Village a notice of appeal of the Village Board’s decision,

34 of 35 within 30 days of such decision.

(c) If the property owner fails to remedy a nuisance condition or provide a plan for timely remediation of such condition, and also refuses to allow the Village or its designee to enter the subject property to remedy such condition, then the Village may apply to any Court of competent jurisdiction for an order declaring that the Village may, with the assistance of law enforcement if necessary, enter upon the subject property and remedy the nuisance condition therein, with such costs of remediation to be assessed as a special assessment against the property taxes on the subject property.

21.15 APPEALS

(1) BOARD OF APPEALS. The board of appeals, created pursuant to section [number] of the Village ordinances pursuant to s. 62.23 (7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village in administering this ordinance. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this ordinance that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.

(2) WHO MAY APPEAL. Appeals to the board of appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the Village affected be any decision of the Village of Bloomfield

35 of 35 CHAPTER 22 BUILDING CODE

22.01 Authority 22.02 Purpose 22.03 Definitions 22.04 Scope 22.05 Permit Required 22.06 Adoption of Codes 22.07 Scope of Uniform Dwelling Code Expanded 22.08 Certified Municipality Status 22.09 Building-HVAC-Electrical-Plumbing Inspector 22.10 Submission of Plans 22.11 Issuance of Permit 22.12 Occupancy Bond 22.13 Occupancy Permit 22.14 Basements; Excavations 22.15 Swimming Pools 22.16 Building Grade and Drainage 22.17 Architectural, Landscaping, Lighting, Exterior Design 22.18 Unsafe Buildings 22.19 Razing & Demolition 22.20 Regulations for Moving Buildings 22.21 Exterior Finish Required 22.22 Fence Regulations 22.23 Municipal Building Code–Fee Schedule 22.24 Violations & Penalties 22.25 Stop Work Order 22.26 Variance 22.27 Appeals 22.28 Disclaimer and Non-liability for Damages 22.29 Severability 22.30 Driveways 22.31 Property Maintenance Code

Chapter 22 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised April 7, 2014, Ordinance No. 2014-O-04 Revised April 7, 2014, Ordinance No. 2014-O-07 Revised August 4, 2014, Ordinance No. 2014-O-15 Revised November 10, 2014, Ordinance No. 2014-O-18 Repealed & Recreated October 5, 2015, Ordinance No. 2015-O-07 CHAPTER 22

BUILDING CODE

22.01 AUTHORITY. These regulations are adopted under the statutory authority granted pursuant to Section 101.65, 101.651, 101.76, and 101.761 of the Wisconsin Statutes. ______Established December 10, 2003, Ordinance No. 1004

22.02 PURPOSE. The purpose of this Code is to promote the health, safety, and general welfare of our community, to protect property values and provide for orderly, appropriate development and growth of the community. ______Established December 10, 2003, Ordinance No. 1004

22.03 DEFINITIONS. As used in this Chapter, the following terms have the meaning prescribed herein: (Any item not defined herein shall follow the Wisconsin Administrative Code definitions.)

(1) BUILDING. Any structure erected or constructed of wood, metal, stone, plastic or other materials, which is intended to be used by human beings or animals for occupancy, livery, commerce, education, cultural activities or other purpose. The term does not include children’s play structures.

(2) BUILDING INSPECTOR. The individual(s) or firm appointed by the municipality to exercise all of the powers and duties of a building inspector under Wisconsin Law.

(3) CONSTRUCTION. Any part or portion of the activity of installing, locating, siting, erecting or raising a building.

(4) CONTRACTOR. Any person, firm or entity which undertakes any activity related to the construction of a building other than the mere provision of supplies, materials.

(5) DEMOLITION. The activity of completely or partially destroying a previously erected or constructed building.

(6) ELECTRICAL. The trade which relates to the design, installation, maintenance and repair of the mechanical equipment, wiring, fixtures and connections which tie a structure to the power grid of an electric generating utility and distribute the electricity through a structure to end uses, including an work which may be performed by a master electrician licensed by the State of Wisconsin or a person under the supervision of such an electrician.

(7) GARAGE, PRIVATE. A private garage is one where private vehicles are kept for storage purposes only and wherein such use is accessory to the residential use of the property on which it is stored. A carport is considered a private residential garage.

(8) GARAGE, PUBLIC. Any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired or sold, or stored for monetary gain as a business.

(9) HVAC. An acronym which stands for Heating, Ventilating and Air Conditioning; the trade which installs mechanical equipment, systems and accessory ducting and gratings for the purpose of warming, purifying, cooling and exchanging air in a building.

(10) OCCUPANCY. The act of utilizing a building for human habitation, use, or occupancy. Any use of a building for any activity which is customarily or routinely associated with utilization of a building as a residence, detached residential accessory structure, or commercial use shall constitute occupancy.

(11) OWNER. The individual, firm or entity which has record title to the real estate on which construction or demolition is taking place.

(12) PLUMBING. The trade which relates to the design, installation, maintenance or repair of pipes, drains, sinks, basins, hot water heating systems, natural gas pipes, grease traps, floor drains, and all other work for which the individual performing the work may either be a master plumber licensed by the State of Wisconsin or work under the supervision of such a plumber.

(13) REPAIRS. Repairs for purposes of maintenance or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior esthetic appearance and which do not increase a given occupancy and use, shall be deemed minor repairs.

(14) STOP WORK ORDER. A directive issued with respect to a construction project by a building inspector which compels the owner and any contractor or builder of a building to cease any further work or activity on the construction project until the building inspector has authorized the resumption of the construction project. ______Established December 10, 2003, Ordinance No. 1004

22.04 SCOPE. This code applies to all one and two family dwellings, accessory buildings, structures, swimming pools, commercial and agricultural buildings. Notwithstanding this section, this ordinance shall not apply to children’s play structures. ______Established December 10, 2003, Ordinance No. 1004

22.05 PERMIT REQUIRED

(1) No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid permit from the municipal building inspector.

(2) The construction which shall require a permit includes, but is not limited to:

(a) New buildings including agricultural buildings, detached structures (decks) and detached accessory buildings.

(b) Additions that increase the physical dimensions of a building including decks.

(c) Alterations to the building structure, cost shall include market labor value, or alterations to the building’s heating, electrical or plumbing systems.

(d) Alteration of plumbing, venting, electrical or gas supply systems.

(e) Any electrical wiring for new construction or remodeling.

(f) Any HVAC for new construction or remodeling.

(g) Any plumbing for new construction or remodeling.

(h) Any re-roofing. Structural load-bearing calculations may be requested of the property owner for re-roofing a building if the proposed re-roofing would constitute a third or more layer of roofing.

(3) The following construction activities shall not require a building permit:

(a) Re-siding and finishing of interior surfaces, installation of cabinetry, and repairs which are deemed minor by the Building Inspector.

(b) Normal repairs of HVAC, plumbing and electrical equipment or systems such as replacing switches, receptacles, light fixtures and dimmers.

(4) CERTIFICATE REQUIRED. SMOKING PROHIBITED

(a) Adoption of Sec. 101.123 Wis. Stat. The Village hereby adopts Sec. 101.123 Wis. Stat., regarding the prohibition of smoking in certain places.

1. Amendments:

101.123 Smoking prohibited. (1) DEFINITIONS. In this section: “(h) "E-Smoking" means burning or holding, or inhaling or exhaling smoke or vapor from, any of the following items:

5. An electronic smoking device.”

AND

“(2) PROHIBITION AGAINST E-SMOKING.

(a) Expect as provided in sub. (3), no person may smoke an electronic smoking device in any of the following places : 8r. Village or town buildings.”

(b) Certificate required. Any property owners or operators who claim that their smoking area does not have more than 2 substantial walls shall first obtain a permit from the Town Building Inspector. Upon issuance of a certificate the owner or operator shall post the certificate on the property and in the room the certificate authorizes smoking. The certificate shall be posted in a location visible by all patrons.

(c) Determination of “enclosed place” and issuance of a permit for qualifying places. In order to secure the just, accurate, uniform and orderly administration of Sec. 101.123 Wis. Stat., the Town Building Inspector shall determine which places in the Town, listed in Sec. 101.123(2)(a) Wis. Stat., constitute an “enclosed place,” in whole or in part, as such term is defined in Sec. 101.123(1)(ak) Wis. Stat. After reviewing any such location, the building Inspector shall issue a certificate to the owner or operator, for any such location which, in whole or in part, does not constitute an enclosed place where smoking would otherwise be prohibited. The certificate shall reasonably describe any location or area therein where smoking is permitted. If any such location qualifies only upon the satisfaction of certain conditions, said permit shall also identify any such conditions with reasonable specificity. The Town Building Inspector shall provide one copy of said certificate to the owner or operator, provide another copy to the Town Police Department, and retain the original as a Town record.

(d) The permit fee shall be $60.00. ______Established December 10, 2003, Ordinance No. 1004; Revised May 2, 2011, Ordinance No. 1059; Revised April 7, 2014, Ordinance No. 2014-O-06

22.06 ADOPTION OF CODES. The following Chapters of the Wisconsin Administrative Codes, as well as all subsequent revisions, are adopted by the municipality and shall be enforced by the Building Inspector.

Ch. SPS 302 Fee Schedule Ch. SPS 305 Licenses, Certifications and Registrations Chs. SPS 316 Electrical Code Chs. SPS 320-325 Uniform Dwelling Code Chs. SPS 361-365 Wisconsin Commercial Building Code Chs SPS 366 Existing Building Chs. SPS 375-379 Building Constructed Prior to 1914

Chs. SPS 381-391 Uniform Plumbing Code

______Established December 10, 2003, Ordinance No. 1004

22.07 SCOPE OF UNIFORM DWELLING CODE EXPANDED. For the purposes of this Ordinance, the standards contained in the Wisconsin Uniform Dwelling Code shall be expanded to apply to the standards for construction of the following:

(1) Additions, alterations and major equipment replacements for one and two family dwellings built prior to December 2003.

(2) Detached accessory buildings greater than 300 sq. ft. serving one and two family dwellings. Grade-beam slabs are required for private, accessory buildings with a continuous floating slab of reinforced concrete and shall not be less than four (4) inches in thickness. Reinforcement shall be a minimum of six by six (6 x 6) inch, number ten wire mesh or fiber mesh. The slab shall be provided with a thickened edge all around, eight (8) inches wide and eight (8) inches below the top of the slab. (Exempted are “frost-free footings” for detached residential accessory buildings.) SPS 382 shall not apply.

(3) With respect to smaller detached accessory buildings, concrete slabs, frost-free footings, and the like are not required, but if they are installed they shall follow (2) above and/or SPS 381. ______Established December 10, 2003, Ordinance No. 1004

22.08 CERTIFIED MUNICIPALITY STATUS. The Village has adopted the Certified Municipality Status as described in SPS 361.60 of the Wisconsin Administrative Code.

______Established December 10, 2003, Ordinance No. 1004

22.09 BUILDING-HVAC-ELECTRICAL-PLUMBING INSPECTOR.

(1) CREATION AND APPOINTMENT. There is hereby created the office of building inspector. The Building Inspector shall be certified for inspection purposed by the Department in the required categories specified under SPS 305, Wisconsin Adm. Code.

(2) SUBORDINATES. The building inspector may with the approval of the Village President, assign or appoint, as necessary, subordinate, mechanical inspectors. Any subordinate hired to inspect buildings shall be certified as defined in SPS 305, Wisconsin Adm. Code, by the Department.

(3) DUTIES. The building inspector shall administer and enforce all provisions of this ordinance.

(4) POWERS. The building inspector or an authorized certified agent of the Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes. The Building Inspector may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Inspector or his/her agent while in the performance of his/her duties. In the event that the inspector is refused access to any such premises, then the inspector is authorized to apply for a special inspection warrant pursuant to Section 66.0119, Wis. Stats.

(5) INSPECTIONS. In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner and/or contractor shall request all of the following inspections in conformity with the appropriate time frame defined in the Wisconsin Administrative Code or at least forty-eight (48) hours in advance by the applicant/contractor or property owner as applicable:

(a) Footing (b) Foundation (c) Rough Carpentry, HVAC, Electric and Plumbing (d) Draintile/Basement Floor (e) Underfloor Plumbing (f) Electric Service (g) Insulation (h) Final Carpentry, HVAC, Electric and Plumbing (i) Erosion Control

(6) Failure to request any inspection will be the responsibility of the contractor and/or property owner. No construction shall be deemed approved by default or lack of inspection by the Building Inspector.

(7) The expense of uncovering or exposing any work which must be inspected, where such work was required by the failure of the owner to request an inspected, will be the responsibility of the contractor and/or property owner.

(8) RECORDS. The Building Inspector shall perform all administrative tasks required by the Department under all codes covered in 22.06. In addition, the Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance. ______Established December 10, 2003, Ordinance No. 1004

22.10 SUBMISSION OF PLANS. The owner or contractor shall, with respect to any proposed construction or demolition, submit two sets of building plans to the Inspector. If a new building or building addition is proposed, than a plot plan drawn to scale showing such proposed work and existing buildings and property lines shall be submitted. A third set of plans may be requested at the discretion of the Building Inspector for the Assessor or Fire Department. The Building Inspector may require the owner or contractor to submit plans for any construction or demolition project with the Building Inspector determines that it is necessary to review such plans to assure that the proposed project will comply with all applicable codes. ______Established December 10, 2003, Ordinance No. 1004

22.11 ISSUANCE OF PERMIT.

(1) The Inspector shall issue the requested permit if the owner or contractor demonstrates that all state, county and local submission requirements are satisfied. If a permit card is issued, it shall be posed at the job site in a visible location from the street. Permits for one or two family dwellings, additions and commonplace are valid for two years. Permits for one and two family remodeling, decks, accessory buildings and pools are valid for one year. Permits for razing and moving buildings are valid for 180 days. Permit may be extended for 30 or up to 90 days with the approval of the Building Inspector or the Village Board and payment of prorated permit fees based on construction completed.

(2) By accepting a permit, the applicant, owner or contractor grants the Building Inspector the right of access to the real estate on which the permitted construction or demolition will occur.

(3) Permits are issued conditionally on the condition that the owner and/or contractor(s) shall conform to the requirements of all applicable codes, zoning ordinances and setback requirements in constructing the building. ______Established December 10, 2003, Ordinance No. 1004

22.12 OCCUPANCY BOND. Deposit Required. No building permit shall be issued by the Building Inspector for construction of a new building, agricultural or accessory structures over $15,000 in fair market value until a cash deposit in the amount of $400 has been made by the applicant for such building permit. The deposit shall be made to the Building Inspector at the time of the building permit issuance.

The sums deposited shall be retained by the Village Clerk until after the final occupancy permit is issued. In the event of any damage is done to the drainage system or road serving the property as a result of the construction activities, the deposit shall be used to defray the Village’s expense to repair any such damage. The balance of the deposit, after deducting any and all expenses and fees incurred by the Village to repair the damage, shall be returned to the property owner. The deposit is also subject to the project being completed with all non-compliances found by the Inspector being corrected, not occupying the building prior to the occupancy permit issuance, the address permanently installed and all other Village fees are paid. The bond may be forfeited if occupancy occurs before final inspection or occupancy extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior is not finished within two (2) years of permit issuance. In the event of failure of the applicant to comply with the ordinances of the Village, such bond shall be forfeited, and the money shall be placed in the General Fund of the Village.

The Building Inspector shall receive a fee from the deposit, or such other sum as may be approved by the Village Board in the contract from time to time, to defer the cost of enforcing this Ordinance to ensure compliance, as well as other applicable regulations and ordinances of the Village. ______Established December 10, 2003, Ordinance No. 1004

22.13 OCCUPANCY PERMIT. If the Building Inspector, after completing all required inspections, finds that a building has been constructed in accordance with the applicable codes, then the Inspector shall issue an occupancy permit. If the building fails the comply with the code in minor respects which do not threaten the safety, health or welfare of the building’s occupants, the Building Inspector may issue a temporary occupancy permit for 30 days or a specified term not to exceed 180 days. No person may have occupancy of a building until an occupancy permit is issued. Occupancy of individual building units for multi-family use when the entire building is not substantially completed is prohibited. The entire multi-family building shall meet the requirements for an occupancy permit. ______Established December 10, 2003, Ordinance No. 1004

22.14 BASEMENTS; EXCAVATIONS.

(1) BASEMENT SUBFLOORING. First floor subflooring shall be completed within sixty (60) days after the basement is excavated.

(2) FENCING OF EXCAVATIONS. The owner of any premises on which there exists an opening or excavation which is located in close proximity to a right-of-way as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four (4) feet high between such opening or excavation and the public right-of-way.

(3) CLOSING OF ABANDONED EXCAVATIONS. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three (3) months shall be deemed abandoned and a nuisance and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner’s agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the circuit court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and make publication in the official newspaper for two (2) consecutive publications at least ten (10) days before the time of compliance stated in the order commences to run. Such time shall be not less than fourteen (14) nor more than twenty (20) days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Building Inspector on the cost, thereof, pursuant to the provisions of Sec. 66.0703, Wis. Stats.

______Established December 10, 2003, Ordinance No. 1004

22.15 SWIMMING POOLS. (See Section 27-28 of the Municipal Code.)

______Established December 10, 2003, Ordinance No. 1004; Repealed July 11, 2011, Ordinance No. 1064

22.16 BUILDING GRADE AND DRAINAGE.

(1) Every one and two family building hereafter erected, structurally altered, or relocated shall be at grade approved by the Village Engineer as being in satisfactory relationship with the established street where one is established, with particular consideration for proper drainage and safe vehicular access. The foundation shall not exceed eighteen (18) inches above the existing grade without Village Engineer Approval.

(2) For lots that exceed 12% slope for one and two family buildings refer the grading and building elevation plans to the Village Engineer for review/approval.

(3) The Village Building Inspector may request recertification of the footing, foundation and finished yard grade for any one and two family building by a Wisconsin registered land surveyor on forms provided by the Building Inspector at owner’s expense.

(4) All commercial buildings defined by SPS 361-365 shall have their grading and building elevation plans reviewed/approved by the Village Engineer. All commercial buildings shall be recertified by a WI Registered land surveyor for the footing, top of foundation and finished yard grade on forms provided by the Village Building Inspector.

(5) All building grade and drainage plans shall have point elevations or contours at no more than one foot (1’) intervals on a Plat of Survey showing existing elevations of the lot for all of the corners of the proposed building, all lot corners, road ditch flow lines, edge of pavement, road centerline, proposed yard grade, top of foundation wall elevations and elevation of buildings on adjoining parcels within forty-feet (40’) of the lot line.

______Established December 10, 2003, Ordinance No. 1004

22.17 ARCHITECTURAL, LANDSCAPING, LIGHTING, EXTERIOR DESIGN.

(1) PURPOSE, SCOPE AND INTENT. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence an use or erect any structure or addition, with the exception of single-family and two- family dwellings, agricultural or accessory buildings or related structures, without first obtaining the approval of the Village Planning Commission and Village Board of detailed site plan, plan of operation and architectural plans as set forth in this section.

The Village Plan Commission and Village Board, hereinafter in this subsection referred to as the “Village,” shall approve, conditionally approve, or reject the detailed site and architectural plans. The Village shall review the site, existing and proposed structures, architectural plans, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.

(2) ADMINISTRATION. Plan data shall be submitted to the Village Clerk who shall transmit all applications and their accompanying plans to the Village, Zoning Administrator/Planner, and Building Inspector for their review. Plans shall be accompanied by the application fee as established by the Village Board. Plan data to be submitted with all plan review applications shall include the following:

(a) Site plan drawn to a recognized engineering scale not to exceed 1” = 60 feet.

(b) Name of project noted.

(d) Architect and/or engineer’s name and address noted.

(e) Date of plan submittal.

(f) Scale of drawing noted on plan.

(g) Existing and proposed topography shown at a contour interval not less than one (1) foot. Topography shall extend forty (40) feet onto adjacent property or to the building on the adjacent lot, whichever is greater.

(h) The characteristics of soils related to contemplated specific uses.

(i) Total number of parking spaces and layout, including driveways shall be shown on the plan.

(j) The type, size and location of all structures with all building dimensions shown.

(k) Indicate height of building(s).

(l) Indicate existing and proposed street locations on the site plan.

(m) Indicate existing and proposed public rights-of- way and widths.

(n) North arrow shown.

(o) Locate existing and general location of proposed sanitary sewers, storm sewers, and water mains.

(p) Submit a storm water management plan indicating all facilities, including detention/retention areas. The design criteria shall meet the requirements as stated in the Village Erosion Control and Storm Water Ordinance.

(q) Locate existing trees that are six (6) inches in diameter or larger.

(r) Note location, extent, and type of proposed plantings.

(s) Note location of pedestrian sidewalks and walkways.

(t) A graphic outline of any development staging that is planned is required to be shown on the site plan.

(u) Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.

(v) Landscaping plan and point calculations.

(w) Lighting plan and a photometrics plan may be required upon Village request.

(3) PLAN OF OPERATION. No use shall be approved until the Village and staff has review/approved the plan of operation application form that shall indicate:

(a) The Proposed Use of the land and/or structure;

(b) Activities to occur both inside and outside all principal and accessory structures;

(d) The number of employees and any commercial or industrial enterprise;

(e) The estimated number of occupants or a residential use;

(f) The number, size and type of vehicles associated with the use;

(g) Plans for Compliance with the performance standards set forth in this Ordinance;

(h) The season, days and hours of operation;

(i) The expected starting and completion dates of construction;

(j) The proposed phasing of the project, if appropriate;

(k) Other information as requested by the Village.

(4) GENERAL ARCHITECTURAL PRINCIPLES. To implement and define criteria for the purposes set forth in this Ordinance, the following principles are established to apply to all new structures and uses and to changes or additions to existing structures and uses.

(a) No building regulated by this section shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(b) No building regulated by this section shall be permitted the design or exterior appearance of which is so identical with those adjoin as to create excessive monotony or drabness.

(c) No building regulated by this section shall be permitted where any exposed façade is not constructed or faced with a finished material that is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.

(d) No building or sign regulated by this section shall be permitted to be sited on the property in a manner which would be unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structure on adjoining properties.

(e) No building or use regulated by this section shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the Village.

(f) Buildings and uses regulated by this section shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The Plan Commission may require that drainage easements be executed.

(g) Buildings and uses regulated by this section shall provide for adequate site construction erosion control measures. The Plan Commission may require erosion control plans and may establish time schedules for landscaping and re-vegetation of construction sites.

(h) Buildings and uses regulated by this section shall provide for safe traffic circulation and safe driveway locations.

(i) Buildings and uses regulated by this section shall provide adequate parking and loading areas.

(j) Buildings and uses regulated by this section shall be provided with adequate public services as approved by the appropriate utility.

(k) Use of exterior lighting shall be designed in such a manner that all light rays are directed downward onto the property. No rays shall be directed towards adjacent properties. (See Subsection (g).)

(5) DETAILED ARCHITECTURAL STANDARDS. To implement the purposes set forth in Section 22.02, the following architectural criteria and review guidelines are established:

(a) Building Facades. For retail business, service, residential and office uses all building exteriors shall be brick, decorative masonry, glass panel, or other appropriate finished façade as may be approved by the Plan Commission and Village Board. Colors need to be shown and material samples need to be submitted as requested by the Village Planner, Plan Commission or Village Board.

(i) For industrial and warehouse use all building exteriors facing a street or approved way shall 50% of the street face constructed with brick, decorative masonry, glass panel or other appropriate finished façade as may be approved by the Plan Commission and Village Board. Such brick, masonry, glass, or other decorative facing shall extend for a distance of at least twenty- five (25) feet along the sides of the structure from the street face.

(b) Overhead Doors. No overhead doors in a business, industrial, or public district shall face a public street. The Plan Commission may permit overhead doors to face a public street when it has made a finding that there is no feasible alternative location for such doors.

(c) Heating, Air Conditioning and Ventilating Equipment. HVAC equipment shall be located in a manner to be unobtrusive and screened from view. Landscaping to be used to screen equipment.

(d) Storage of Garbage/Trash. All garbage cans, trash containers, and other storage devices situated on any lot shall be in closed containers with lids and shall be concealed or suitably screened from public view. Fencing or landscaping shall be used to totally obstruct vision into the storage areas by the alternative set forth in Figure 1 or their equivalent.

(e) Other Architectural Standards. The Plan Commission and Village Board may impose other architectural standards deemed appropriate such as; but not limited to: building material samples, building color samples, roof pitch designs and architectural breaks in walls over seventy-five (75) feet in length. Except for flat roofs, the minimum pitch shall be 2:12. The Plan Commission and Village Board may allow a roof pitch less than 2:12 when it has made a finding that there is no feasible alternative to meet the 2:12 roof pitch.

(6) LANDSCAPING.

(a) On-Site Landscaping and Screening. The following landscape standards are to be utilized in preparing landscaping plans to be submitted with site plans. The Plan Commission and Village Board will review each landscaping plan to determine if it conforms with the intent of these Standards.

(b) Landscaping Point System and Minimum Installation Sizes for Plants. On-site landscaping shall be required for all development. All landscaping standards are stated in terms of the number of landscaping points. The number of landscaping points is dependent upon the size of the development. A different number of points are awarded for each plant, depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. A minimum installation size is required for each of these plant categories. These recommendations are per Table A.

(c) Depiction of Sample Landscaping Schemes. Illustrations A, B, C & D shown on the following pages, depicts sample landscaping schemes that may be used for building foundations, developed lots, street frontages and paved areas. In general, landscaping schemes similar to Illustration A are best for building foundations, Illustration B are best for developed lots, Illustration C are best for street frontages and Illustration D are best for paved area (including parking lots, walkways and plazas).

(d) Measurement for Landscaping Recommendations. A minimum amount of landscaping points are required for the linear feet of building foundations, the gross floor area of buildings on developed lots, the linear feet of street frontage and the total combined are of paved areas.

(e) Landscaping Standards for Building Foundations.

(i) New Buildings and additions shall be accented by a minimum amount of landscaping placed within a minimum depth of seven (7) feet from the building foundation.

(ii) Landscaping for building foundations shall be placed so that at maturity, the plant’s drip line is located within ten (10) feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages or paved areas. See Illustration A for a suggested scheme. Landscaping shall not impede vehicle or pedestrian visibility.

(iii) For each one hundred (100) feet of building foundation perimeter, forty (40) landscaping points shall be provided on a prorated basis, and installed and permanently maintained.

(iv) The intent of this section is to require a visual screen of a minimum of five (5) feet in height for all exterior appurtenances (such as HVAC/electrical transformers, utility boxes, standpipes, stormwater discharge pipes and other pipes).

(f) Landscaping Standards for Developed Lots.

(i) This section shall apply to already developed lots when building additions or remodels with improvements of more than 25% of the assessed value of the structure are proposed.

(ii) Landscaping for developed lots shall be placed away from those areas required for landscaping as building foundations, street frontages, and paved areas. See Illustration B for a suggested landscape scheme. Landscaping shall not impede vehicle or pedestrian visibility.

(iii) For each 1,000 square feet of gross building floor are, ten (10) landscaping points shall be provided on a prorated basis, and installed and permanently maintained.

(iv) The intent of this section is to provide yard shade and to require a visual screen of a minimum of five (5) feet in height for all detached exterior appurtenances (such as HVAC/electrical transformers, utility boxes, standpipes, stormwater discharge pipes and other pipes).

(g) Landscaping Standard for Street Frontages.

(i) Street frontages for new buildings and additions shall contain a minimum amount of landscaping in those areas that abut the right-of-way of a public street.

(ii) Landscaping for street frontages shall be located within ten (10) feet of the public right-of-way. In no instance shall such landscaping be located within a public right-of-way. Landscaping shall not impede vehicle or pedestrian visibility.

(iii) For each one hundred (100) linear feet of street frontage where a developed lot abuts a public street right-of-way, forty (40) landscaping points shall be provided on a prorated basis, and installed and permanently maintained.

(iv) Shrubs shall not be used to meet this requirement. A minimum of fifty percent (50%) of all points shall be devoted to tall deciduous trees and a minimum of thirty percent (30%) of all points shall be devoted to medium and low evergreen trees.

(h) Landscaping Standards for Paved Areas.

(i) Paved areas for new buildings and additions shall contain a minimum amount of landscaping with ten (10) feet of the paved area. The intent of this subsection is to provide a visual screen of the parking lot from abutting properties that breaks up the parking lot look and separates the parking lot stalls providing shade trees within the parking lot. The screening around the perimeter of the parking lot shall have minimum height of forty (40) inches.

(ii) A minimum of two hundred seventy (270) square feet of landscaped area, which shall be located in a parking lot for every ten (10) linear stalls of paved area. See Illustration D for a suggested landscaping scheme. Plants used to fulfil the perimeter requirement should provide fifty percent (50%) solid screening of the parking, loading and circulation areas from view from public streets. Plants used for landscape islands shall be tall and medium deciduous trees and low shrubs.

(iii) All landscaping areas located adjacent to paved areas shall be separated from the paved area by a continuous minimum four inch (4”)tall curb which is constructed of concrete, asphalt, timber or like material approved by the Plan Commission or Village Board.

(iv) For every twenty (20) off-street parking stalls located in a development, one landscape island a minimum of two hundred seventy (270) square feet shall be installed and permanently maintained. Each island shall have a minimum of eighty (80) landscaping points and devoted to tall or medium deciduous trees and shrubs.

(v) A ten-foot (10’) wide green buffer shall be provided around the perimeter of all lots excluding areas for driveway connections to the public street or approved way.

(i) Classification of Plant Species. For the purpose of these Standards, plant materials are classified into twelve (12) groupings:

• “Tall deciduous tree” • “Medium deciduous tree” • “Low deciduous tree” • “Tall evergreen tree” • “Medium evergreen tree” • “Low deciduous shrub” • “Medium evergreen shrub” • “Low evergreen shrub” • Non-contributory plants.

Species suitable for landscaping use and comparable with vicinity climate and soil factors are listed in the table below. The Plan Commission and Village Board should review proposals for, and the applicability of, species not contained in this list and is authorized to approve appropriate similar species.

TABLE A: CLASSIFICATION OF PLANTS TALL DECIDUOUS TREES TALL EVERGREEN TREES (40 Landscaping Points) (40 Landscaping Points) Botanical Name Common Name Botanical Name Common Name Acer saccharum Maple Abies concolor White Fir Ginkgo biloba Ginko Pinus sp. Pine: Red, White, Scots Quercus sp. Oak: Red, Psendotsuga Douglas Fir White, Pin Menzletesil Acer sp. Maple: Red, Tsuga Canada Hemlock Silver, Norway, Canadensis Sugar Fraxinus sp. Ash: White, Spruce: Green Colorado Gledistsia Honeylocust triacanthos Populus Bigtooth Aspen grandidentata Tilia sp. Linden: Basswood, Littleleaf, Redmond

MEDIUM DECIDUOUS TREES MEDIUM EVERGREEN TREES (15 Landscaping Points) (15 Landscaping Points) (2” Caliper and 6’ Tall Minimum) (6’ Tall Minimum) Botanical Name Common Name Botanical Name Common Name Beitula sp. Birch, River, Thuja American Paper occidentalis Arborvitae Prunus sp. Cherry: Choke, Pin Salix sp. Willow

LOW DECIDUOUS TREES LOW EVERGREEN TREES (10 Landscaping Points) (10 Landscaping Points) (4’ Tall Minimum) (3’ Tall Minimum) Botanical Name Common Name Botanical Name Common Name Corpinus Hornbeam Juniperus sp. Juniper: Caroliniana Thornless Mountbratten, Red Cedar Crategus sp. Hawthorne: Thuja sp. Arborvitae: Cockspur, Pyramidal, Downy, Techny Washington Malus sp. Crabapple sp. Colorado Dwarf Blue Spruce Sorbus sp. Mountain Ash: European, Korean Syringa Lilac Reticula

TALL DECIDUOUS SHRUBS TALL EVERGREEN SHRUBS (7 Landscaping Points) (7 Landscaping Points) (36” Tall Minimum) (36” Tall/Wide Minimum) Botanical Name Common Name Botanical Name Common Name Cornus sp. Dogwood: Grey, Juniperus Juniper: Hetz Pagoda, Chinesls Redosier Syringa sp. Lilac: Chinese, Thuja Broad Pyramich Hyacinth, Occidentalis Common Misskim Hydrangea Ic Reege Hydrangea Panicolata sp. Viburnum sp. Viburnum: Arrowood, Wayfaringtree, Nannyberry Hamanelis sp. Common Witchazel Evonymous Ic Eastern Wahoo Astro Purporea Lonicera sp. Honeysuckle: Zabel, White Belle Rhus Sumac: Smooth, Stagham Salix Caprea Pussy Willow

MEDIUM DECIDUOUS SHRUBS MEDIUM EVERGREEN SHRUBS (5 Landscaping Points) (5 Landscaping Points) (24” Tall/Wide Minimum) (24” Tall/Wide Minimum) Botanical Name Common Name Botanical Name Common Name Corylus American Juniperus Juniper Pfitzer Americana Filbert, Chinensis Hazelnut Myrica Bayberry Juniperus lc. Juniper Old pensylvanica Communis Field Common Cotoneaster sp. Cotoneaster Picea glava Alberta Spruce Forsynthia sp. Forsythia: Taxus sp. Yew Japanese Border, Early, Weeping Ligustrum Privet Thuja Woodwardi Globe Arborvitae Rosa sp. Rose: Virginia, Rugosa Spirea Spirea: Bridalwreath, Thunberg Vanhoutte

LOW DECIDUOUS SHRUBS LOW EVERGREEN SHRUBS (3 Landscaping Points) (3 Landscaping Points) (18” Tall Minimum) (18” Tall/Wide Minimum) Botanical Name Common Name Botanical Name Common Name Amerlanchier Running Service Juniperus sp. Juniper: Stolonifera Berry Sargent, Creeping, Andorra Berberis Japanese Pinus Mugo Mugo Pine thunbergtt Barberry Cotoneaster Cranberry Nana Dwarf Japanese Yew Spiraea sp. Spirea: Juniper Sabina Savin Voniperi Froebel, Broadmour, Snowmound Tamarix Hydranga sp. Hydranga: Anabelle, Snowhill Lonicera sp. Honeysuckle: Clavey’s Dwarf Emerald Mound

TABLE SOURCE: A Guide to Selecting Landscaping Plants for Wisconsin, Hasselkus, UW-Ext. Publication A2865

(j) Requirements for Installation of Landscaped Areas.

(i) Installation. All landscaping material recommended by the provisions of these Standards and Guidelines shall be installed on the subject property, per the approved site plan, within sixty-five (65) days of the issuance of an occupancy permit for any building on the subject property or as determined by the Plan Commission but no later than the time period stated above.

(ii) Cash Deposit.

1. If the subject property is to be occupied prior to the installation of all required landscaping material, the property owner shall file, subject to approval by the Plan Administrator, a certificate of deposit or a certified check in the amount equal to 110% of the estimate of landscaping materials and installation cost. An enforceable contract, for all work on the subject property indicated on the detailed landscaping plan required under the provisions of these Standards and Guideline, from a qualified contractor (valid for 365-day period), shall be used to determine the amount of surety.

2. If part of a phased project approved per the requirements of the Standards and Guidelines, said amount may be split into amounts which are applicable to phases of the project.

3. Governmental units to which these bond and guarantee provisions apply, may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of these Standards and Guidelines.

(iii) Existing plant material which meets the recommendations of these Standards and Guidelines and which will be preserved on the subject property following the completion of the development, may be counted as contributing to the landscaping recommendations.

(iv) All landscaping areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.

(v) The exact placement of required plans and structures depicted on the required detailed landscaping plan component of the required site plan shall be the decision of each property owner within the recommendations of this Subchapter, except that the following requirements shall be met:

1. Evergreen shrubs shall be planted in clusters in order to maximize their chance of survival.

2. Where a combination of plant materials, and/or berming and/or fencing is used, the fence and/or berm shall be located toward the interior of the subject property and the plant materials shall be located toward the exterior of the subject property.

3. In no manner shall landscaping materials be selected and/or located in a manner that results in the creation of a safety or visibility hazard.

(k) Requirements of Maintenance. The continued and continual maintenance of all required landscaping materials shall be a requirement of these Standards and Guidelines and shall be the responsibility of the owner of the property on which said materials are required. This requirement shall run with the property and is binding upon all future property owners. Development of any and all property following the effective date of these Standards and Guidelines shall constitute an agreement by the property owners to comply with the provisions of these Standards and Guidelines. Upon failure to comply with the provisions of these Standards and Guidelines, upon failure to comply with these provisions, the Village may enter upon the property for the purpose of evaluating and maintaining all required landscaping materials, and may specially assess the costs thereof against the property. Failure to comply with this requirement shall be considered a violation of these Standards and Guidelines, and shall be subject to any and all applicable enforcement procedures and penalties.

(l) Use of Required Landscaped Areas. Any and all required landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike, or equestrian trails provided that: (1) no required materials are eliminated; (2) the total width and area of required landscaping is maintained; and (3) all other regulations of these Standards and Guidelines are met. In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation use be permitted in such areas. Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor display or storage of materials be permitted in such areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.

(m) Utility Easements. Landscaping materials, fences and berms that are located within a duly-recorded utility easement and/or a pedestrian easement shall not count toward meeting a landscape requirement. However, the width of such areas may be counted as part of a landscaping requirement.

(n) Calculating Landscaping Recommendations. In calculating the number of recommended landscaping points under the provisions of these Standards and Guidelines, all areas and distances on which required calculations are based shall be rounded up to the nearest whole number of square feet or linear feet. Any partial plan derived from the required calculations of these Standards and Guidelines (for example, 23.3 points shall be rounded up to the nearest whole 24 points).

(7) EXTERIOR LIGHTING STANDARDS. These standards are intended to protect motorists and surrounding areas from excessive light or glare. This Section is not, however, intended to apply to public street lighting.

(a) Internal Lot Lighting. Lighting standards and luminaries for parking lots, internal roads, drives and walkways shall conform to the following requirements:

TYPE OF PERMITTED MAXIMUM HEIGHT LUMINARIE* ILLUMINATION No cut-off 2 footcandles 12 feet Cut-off 3 footcandles 28 feet *See description of types of luminaries in Paragraph 3 below.

(b) Method of Light Measurement. Illumination shall be measured in footcandles at six (6) inches above the ground level in a horizontal position at the lot line. A direct reading portable light meter with color and cosine corrected sensor and multiple scales shall be used. The meter shall have been tested and calibrated to an accuracy of plus or minus five percent (5%) within one (1) year between “lights on” measurements and “lights off” measurements shall be used to determine the illumination, thereby eliminating the effects of ambient light.

(i) Not Cut-Off Luminaire. This is a luminaire whose light source is visible from above a line parallel to the ground running through the center of the luminaire (i.e., an angle of greater than ninety (90) degrees). Such luminaries have the maximum glare potential.

(ii) Cut-Off Luminaire. This luminaire has a cut-off of less than ninety (90) degrees, so that at the centerline of the street, the luminaire is totally shielded from view. This fixture reduces glare to a minimum. Except as in Paragraph iii below, all cut-off fixtures shall be designed and located so that the cut-off line is at least ten (10) feet within the lot line.

(iii) Floodlighting. Floodlighting of buildings shall not exceed three (3) footcandles measured from a height equal to one-half (0.5) the building height at the face of the building and shall be focused on the building with fugitive light leaving the fixture (shielded).

(d) Additional Lighting Regulations. Notwithstanding any other provision of this Section to the contrary:

(i) No flickering or flashing lights shall be permitted.

(ii) Light sources, or luminaries, shall not be located within buffer yard areas expect on pedestrian walkways.

(8) EXTERIOR SITE USAGE. Outside Storage of Materials and Equipment. In all non-residential districts and non- residential uses, outside storage of materials and equipment may be permitted subject to the following:

(a) Storage area is allowed in the rear yard only as determined by the Plan Commission. The side yard could be used if the Plan Commission determines rear year is not a practical location with screening of the side yard.

(i) Storage area shall not be visible from any public right-of-way.

(ii) Storage area shall be enclosed with a six (6) foot high wooden fence or a chain link fence with evergreen plantings on the street side at the height of the fence at planting to screen/break up the view of the fence from the public.

(iii) Storage area shall not exceed twenty percent (20%) of the lot area.

(iv) Stored items shall be accessory to the approved business operation.

(b) Outside Display of Merchandise.

(i) In the Business and Industrial Zoning Districts the outside display of merchandise may be permitted subject to the following:

1. Scaled Site Plan requires approval by the Village Plan Commission and Village Board.

2. Display area is allowed in any yard with layout and use detailed on a Plat of Survey and approval by the Plan Commission and Village Board.

3. Display area shall not exceed thirty percent (30%) of lot area.

4. Displayed items shall be in working condition and displayed in a neat and orderly condition at all times so that the premises will not detract from the neighboring premises.

(9) MODIFYING AND/OR TERMINATION OF SITE PLAN OR PLAN OF OPERATION. If any item of the site plan or plan of operation does not continue in conformance with the approved plan or operation, the use and site plan approval may be modified and/or terminated by action of the Village Board. Notwithstanding the foregoing, prior to any decision made by the Village Board which would result in the modification and/or termination of the use and site plan as previously approved, the property owner shall be given written notice of the proposed action to be taken by the Village Board, and shall be afforded an opportunity to present evidence and be heard by the Village Board prior to any final action being taken by the Village Board which could result in the modification or termination of the use and site plan.

______Established December 10, 2003, Ordinance No. 1004

22.18 UNSAFE BUILDINGS. Whenever the Building Inspector determines that any building or structure is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, the inspector shall order the owner to raze and remove all or part thereof, or if such structure can be made safe and sanitary by repairs, is at the owner’s option. Such orders and proceedings shall be as provided in Section 66.0413, Wis. Stats.

______Established December 10, 2003, Ordinance No. 1004

22.19 RAZING & DEMOLITION.

(1) DEMOLITION PERMIT REQUIRED. No person, firm or entity may cause the demolition of any structure or part of a structure greater than 400 square feet in area without having first applied for and obtained a demolition permit from the Building Inspector. No person, firm or entity may undertake any steps to demolish the structure prior to receiving a permit. Demolition permits shall expire in 180 days from issuance.

(2) APPLICATION. An application for a permit to demolish all or part of a building shall include the following information:

(a) The name and address of the owner of the building on date of application and, if different, on the date of demolition;

(b) The name, address and telephone number of the contractor(s) performing the demolition work;

(d) The date by which demolition shall be complete;

(e) A list of all hazardous waste and hazardous and toxic substances (as defined by Wis. Adm. Code as amended from time to time) contained in the building, a statement as to whether the building contains asbestos (as defined by Wis. Stats.), and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;

(f) A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);

(g) A description of the method of demolition to be used; and

(h) A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amount of dust from the site; and

(i) Along with the application for permit and demolition, the applicant shall present a release from all utilities serving the property, stating that their respective service connections and appurtenant equipment such as meters and regulators have been removed or sealed and plugged in a safe manner.

(j) Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.

(3) CLEARING AND LEVELING THE SITE.

(a) The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform with the adjoining grade of the neighboring property; and when so graded and leveled, the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off, not later than thirty (30) consecutive days after demolition is completed.

(b) Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his agent, in writing and upon forms provided by the Building Inspector for that purpose, shall within seventy-two (72) hours inspect each excavation, or part thereof, before filling any excavation.

(c) It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted.

(4) REMOVAL AND DISPOSAL. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector seventy-two (72) hours written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos. ______Established December 10, 2003, Ordinance No. 1004

22.20 REGULATIONS FOR MOVING BUILDINGS.

(1) GENERAL REQUIREMENTS.

(b) No person shall move any building or structure greater than two hundred (200) square feet upon any of the public ways or the Village without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate a route to be take, the conditions to be complied with and shall limit the time during which aid moving operations shall be continued.

(c) A report shall be made by the Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village Clerk prior to the issuance of the moving permit.

(d) Issuance of a moving permit shall further be conditioned on approval of the moving route by the Village Board.

(2) MOVING DAMAGED BUILDINGS. No building shall be repaired, altered, or moved within, or into, the Village that has deteriorated or has been damaged by any cause (including moving and separation from its foundation, garage, and service connections in case of moved buildings) forty percent (40%) or more of its fair market value, and no permit shall be grant to repair, alter, or move such building within, or into, the Village. Furthermore, in the event the fair market value of the building proposed to be moved within, or into, the Village will not, after the building has been moved and improvements completed, equal or exceed the fair market value of those properties immediately adjoin and contiguous to the property on which the building has been moved, and no permit shall be granted to move the building within, or into, the Village.

(a) Continuous Movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night, until such movement is fully completed. All of such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection, or so near thereto as to prevent easy access to a fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.

(b) Street Repair. Every person receiving a permit to move a building shall, within one (1) day after said building reaches its destination, report that fact to the Building Inspector, inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within ten (10) days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his/her bond responsible for the payment of same.

(c) Conformance with Code. No permit shall be issued to move a building within or into the Village and to establish it upon a location with said Village until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he/she shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the Village to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.

(d) Bond.

(i) Before a permit is issued to move any building public way in the Village, the party applying therefor shall give a cash deposit to the Village in the sum to be recommended by the Building Inspector and which shall not be less than Five Thousand Dollars ($5,000.00), to be approved by the Village Board or conditioned upon, among other things, the indemnification to the Village for any costs or expenses incurred by it in connection with any claims for damages to any persons or property, and the payment of any judgment together with the costs and expenses incurred by the Village in connection therewith arising out of the removal of the building for which the permit is issued.

(ii) Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under twelve (12) years of age unlikely, the deposit required by Subsection (f)(1) shall be further conditioned upon the permittee erecting adequate barriers and within forty-eight (48) hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.

(e) Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one (1) person in the sum of not less than One Million Dollars ($1,000,000.00) and for one accident, aggregate nor less than Five Million Dollars ($5,000,000.00), together with property damage insurance in a sum of not less than One Million Dollars ($1,000,000.00), or such other coverage as deemed necessary.

(f) Village Board Approval.

(i) No such permit shall be issued unless it has been found as a fact by the Village Board of the municipality by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and vies of the same in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be move or moved and altered, will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district established by the zoning ordinances or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he/she shall submit, with his/her application papers, complete plans and specifications for proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash deposit to the Village Clerk, which shall not be less than Five Thousand Dollars ($5,000.00) to be executed in the manner provided in Subsection hereof to the effect that he/she will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his/her plans and specifications. This cash deposit shall be in addition to any other cash deposit, bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.

(ii) Upon application being made to the Building Inspector, he/she shall request a meeting of the Village Board to consider application for moving permits which he/she has found comply, in all respects, with all other ordinances of the Village. The Village Board, may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard. The Village Board shall, in writing, approve, conditionally approve or deny the application required by this ordinance hereof and file it in the office of the Village Clerk, who shall send a copy of it to the Building Inspector.

______Established December 10, 2003, Ordinance No. 1004

22.21 EXTERIOR FINISH REQUIRED. All buildings shall have a weather-resistant, uniform and neighborhood-compatible exterior finish. Tarpaper or similar material is not acceptable. ______Established December 10, 2003, Ordinance No. 1004

22.22 FENCE REGULATIONS.

(1) Residential fences shall be set back not less than two (2) feet from the property line so as to allow for maintenance of said fences.

(2) FENCE CONSTRUCTION REQUIREMENT.

(a) Fence Materials. Fences may be constructed of approved materials, such as commercial fence materials, concrete block or treated lumber, but may not include sheet metal, salvage materials or be electrified. Fence posts and supporting framework shall be on the interior side of the fence. A fence constructed of a single strand wire or wires forming a single horizontal member is prohibited.

(b) Use of Barbed Wire. Barbed wire may be used on fences associated with commercial, manufacturing or industrial uses and municipal and other public properties requiring security, provided the barbed wire is no closer than six (6) feet above the adjacent grade and is contained entirely within the boundaries of the property line.

(c) Maintenance. All fences shall be kept in good repair and maintained as necessary to protect the general welfare and preserve the aesthetic character of the neighborhood and the community.

(d) Obstructions Prohibited.

(i) Purpose. Obstructions on private property, which substantially impair or interfere with the visibility of pedestrian or vehicular movement on and along public streets and alleys, create an unreasonable risk of death, personal injury and for property damage and otherwise interfere with the unobstructed and safe use of the public right-of-way, so that it is necessary to enact these regulations for the protection of the public health, safety and general welfare.

(ii) Streets and Driveways. Obstructions adjacent to intersecting streets, driveways or other right-of-way, either private or public, shall not be more than two and a half (2 1/2) feet above the curb grade within the triangular area identified in Sec. 5.1 as adopted herein.

(3) PERMITS. No person shall construct, install or substantially alter (50% of value of fence) unless permits have first been obtained from the Building Inspector. The fence permit fee shall be accompanied by plans drawn to scale showing fence location, distance from lot lines and type of material to be use.

______Established December 10, 2003, Ordinance No. 1004

22.23 MUNICIPAL BUILDING CODE – FEE SCHEDULE.

I. MUNICIPAL BUILDING CODE - FEE SCHEDULE

A. RESIDENTIAL BUILDING - 1 & 2 Family

1. New Construction $0.18 per sq. ft. 2. Additions $125.00 minimum for the first 600 sq. ft., then $0.18 per sq. ft. thereafter 3. Remodel $50.00 per inspection – Number of inspections determined by scope of work 4. Accessory Structure $40.00 for first 600 sq. ft. & $0.14 per sq. ft. thereafter 5. WI UDC Seal $36.00 6. Occupancy Permit $85.00 per building or addition OR $45.00 per unit 7. Temporary Occupancy $75.00 Permit 8. Decks $75.00 9. Pools – Above Ground $40.00 10. Pools – In Ground $100.00 11. Siding $50.00 12. Re-Roof $50.00 13. Re-Inspection $75.00 14. Early Start Permit $50.00 15. Raze/Demolition $40.00 (may be waived by inspector) 16. Moving of Buildings $75.00 plus $25.00 per day

B. COMMERCIAL BUILDING – All Non-residential & Multi-family

1. New Construction $0.20 per sq. ft. 2. New Construction $0.16 per sq. ft. Agricultural 3. Additions $75.00 for the first 600 sq. ft., then $0.20 per sq. ft. thereafter 4. Remodel – Level 1 $50.00 per inspection – Number of Alteration inspections determined by scope of work; $100.00 minimum 5. Remodel – Level 2 $50.00 per inspection – Number of Alteration inspections determined by scope of work; $100.00 minimum 6. Remodel – Level 3 New Construction Rate Alteration 7. Occupancy Permit $85.00 per building or addition OR $45.00 per unit 8. Temporary Occupancy $75.00 Permit 9. Change of Use $85.00 10. Re-Roof $100.00 11. Re-Inspection $75.00 12. Early Start Permit $100.00 13. Raze/Demolition $60.00 (may be waived by inspector)

C. LAND DISTURBANCE AND EROSION CONTROL

1. 1 & 2 Family $75.00 Residences 2. Multi-family $80.00 per unit 3. Commercial, $150.00 for first acre and $75.00 per Industrial acre thereafter 4. Accessory Buildings $75.00 5. Decks, patios, $40.00 retaining wall, pools 6. Utilities $150.00 for first 300 linear feet and $0.10 per linear foot thereafter 7. Ponds $150.00 8. Road Construction $50.00 up to 2,500 sq. ft. 9. Road Construction $150.00 exceeding 2,500 sq. ft.

D. PLAN REVIEW FEES – CERTIFIED MUNICIPALITY 1. 1 & 2 Family $175.00 Residence 2. 1 & 2 Family Addition $65.00 3. 1 & 2 Family $40.00 Alteration 4. Multi-Family $225.00 plus $20.00 per unit Residence 5. Commercial/Industrial $225.00 Alteration 6. Commercial/Industrial $225.00 Additions 7. Accessory Building $55.00 over 120 sq. ft. 8. Decks $35.00 9. Swimming Pools $35.00 10. Mechanical Plans $60.00 each 11. Revisions $50.00

E. ELECTRICAL

1. New Building $40.00 base fee plus $0.05 per sf. Ft. 2. Service Upgrade $50.00 3. Temporary Service $50.00 4. Generator, Transfer $75.00 Switch 5. Remodel/Replacement - $40.00 minimum Residential 6. Remodel/Replacement – $75.00 minimum Commercial 7. Commercial Level 2 New Building Rate Alteration 8. Commercial Level 3 New Building Rate Alteration 9. Fire Alarm System $40.00

F. HVAC

1. New Building 40.00 base fee plus $0.05 per sf. Ft. 2. Remodel/Replacement - $40.00 minimum Residential 3. Remodel/Replacement – $75.00 minimum Commercial 3. Commercial Level 2 New Building Rate Alteration 4. Commercial Level 3 New Building Rate Alteration

G. PLUMBING

1. New Building $40.00 base fee plus $9.00 per fixture 2. Sanitary Sewer $50.00 minimum for the first 100 linear ft., then $0.35 per linear ft. thereafter 3. Storm Sewer $50.00 minimum for the first 100 linear ft., then $0.35 per linear ft. thereafter 4. Manholes/Catch Basins $50.00 each 5. Water Service $50.00 minimum for the first 100 linear ft., then $0.35 per linear ft. thereafter 6. Fire Sprinkler System $40.00 base fee plus $0.05 per sq. ft. of coverage area

H. DOUBLE FEES Upon failure to obtain a permit before starting work on a building, the total fee shall be double the normal fee required. The Building Inspector may also issue a stop work order.

I. GENERAL NOTES Square foot calculations shall include all floor level, crawlspaces, basements, decks, and porches and shall be based on outside perimeter dimensions. The Building Inspection Department will be responsible for final calculation of the square footage.

______Established December 10, 2003, Ordinance No. 1004; Repealed & Recreated January 7, 2008, Ordinance No. 1035; Repealed & Recreated November 10, 2014, Ordinance No. 2014- O-18

22.24 VIOLATIONS & PENALTIES.

(1) PROHIBITION. No person, entity, or firm may construct, remodel, demolish or repair any building in a manner which violates any provisions of this ordinance.

(a) Every person, firm or entity which violates this code shall, upon conviction forfeit not less than $25.00 nor more than $500.00 for each day of non-compliance, together with the costs of prosecution.

(b) Violations discovered by the Building Inspector shall be corrected within thirty (30) days, or more if allowed by the Building Inspector, after written notice is given. Violations involving life safety issues shall be corrected in a reasonable time frame established by the Building Inspector.

(c) Compliance with the requirements of this ordinance is necessary to promote the safety, health and well-being of the community and the owners, occupants and frequenters of buildings. Therefore, violations of this ordinance shall constitute a public nuisance which may be enjoined in civil action.

______Established December 10, 2003, Ordinance No. 1004

22.25 STOP WORK ORDER. The Building Inspector may issue a stop work order for a project to prevent further non-complying work. No person, firm or entity may continue a construction project after a stop work order has been issued. The person, firm or entity which receives such a stop work order may contest the validity of the same by requesting a hearing before the Village Board. The Village Board shall hear the appeal within thirty (30) days. The Village Board shall affirm the stop work order unless the owner or contractor shows that the Building Inspector erred in determining that the construction project violated a provision or provisions of the adopted building code.

______Established December 10, 2003, Ordinance No. 1004

22.26 VARIANCE. The Village Board shall hear requests for variances from the building code to the extent the Village Board has authority to hear and grant variances. The Village Board shall approve, conditionally approve, or deny a requested variance. The Village Board may grant a variance from a Code requirement only if the variance is permitted by state law and if the performance of the proposed variance is equal to or greater than the code requires.

______Established December 10, 2003, Ordinance No. 1004

22.27 APPEALS. Any person feeling aggrieved by an order of the Building Inspector may, within thirty (30) days thereafter, appeal from such order to the Village. The Municipality will follow procedures explained in Wisconsin Statutes Chapter 68, to arrive at a final determination. Final determinations may be reviewed as explained in Wisconsin Administrative Rules SPS 321.

______Established December 10, 2003, Ordinance No. 1004

22.28 DISCLAIMER AND NON-LIABILITY FOR DAMAGES. This ordinance shall not be construed as an assumption of liability by the Municipality or the Building Inspector for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment.

______Established December 10, 2003, Ordinance No. 1004

22.29 SEVERABILITY. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

______Established December 10, 2003, Ordinance No. 1004

22.30 DRIVEWAY AND CULVERT REGULATION.

(1) Driveways regulated. Any new driveways or any alterations to existing driveways, in which such driveways shall connect from private property to a public right-of-way, shall require the issuance of a permit by the Village/Town of Bloomfield Road Foreman prior to the beginning of such construction or alteration for a fee of $75.00. The applicant, who may be the owner, agent, or contractor, shall submit a location construction plan showing specifications including grade, slope, width, and length of the driveway and erosion control procedures. The plan shall be submitted to the Bloomfield Road Foreman on a form approved by the Village/Town Board.

(a) Bloomfield Road Foreman shall not issue a permit to an applicant unless the applicant's plan complies with the following specifications:

(i) Minimum driveway surface width: 12 feet (ii) Minimum height clearance of trees, wires, etc.: 18 feet. (iii) Maximum grade: 10 percent. (iv) Maximum driveway surface at the roadway not to exceed 35 ft. per parcel. (v) At least one 25 feet in length and 18 feet in width segment of road surface shall slope away from the public length to provide for the safe passage of meeting the vehicles. (vi) If grade conditions allow, the driveway within the area of the public right-of-way shall slope away from the public road at a minimum of 1 percent and a maximum of 5 percent to prevent erosion onto the public road. (vii) An adequate road bed base of suitable material to support the projected traffic and any requirements for culverts shall be determined by the Road Foreman in considering an application for driveway approval. If culverts are required they shall meet the design standards identified in Section 22.30(2) of this ordinance. (viii) All driveways entering onto Bloomfield roads shall be at least five (5) feet off of the nearest side lot line at the point where the property line meets the Bloomfield road right-of-way unless approved by the Village/Town Board.

(b) CONCRETE SURFACING OF PRIVATE DRIVEWAYS. If a driveway is installed as a concrete driveway, the concrete shall not extend beyond the lot line. The area between the concrete driveway and the traveled portion of the roadway shall be paved with asphalt.

(c) NUMBER OF APPROACHES LIMITED. The number of road accesses shall be limited as follows: No more than one driveway entrance and approach shall be constructed for any parcel or premises except when additional road accesses are approved by the Village/Town Board. Where the Village/Town Board approves more than one road access, any two approaches shall be at least seventy-five(75) feet apart unless waived by the Board.

(d) DRIVEWAY PLAN. A driveway plan shall be approved by the Bloomfield Road Foreman before any construction permits can be issued.

(e) The Village/Town Board may waive any requirements of this subsection;

(2) CULVERT REGULATIONS.

(a) COMPLIANCE REQUIRED

(i) Prohibition. No person shall install a culvert unless the culvert fully complies with the regulations of this ordinance.

(ii) Culvert required. Culverts must be properly installed prior to an occupancy permit being issued. The installation of all culverts in the Village/Town of Bloomfield shall be done by the property owner or its agent or designee.

(iii)Purpose. The intent of this subsection of this ordinance is to assure drainage ditch preservation and to assure adequate surface and storm water drainage.

(b) DEFINITION

Culvert: Culverts are those structures which function to convey surface water through an embankment or under a roadway or under a driveway.

(i) Bloomfield Engineer's Determination.

1. The location and grade of culverts shall be determined by Bloomfield Engineer, consistent with the criteria stated in this ordinance.

2. The size and specification of culverts shall be determined by Bloomfield Engineer, consistent with the criteria stated in this ordinance.

3. The inspection of culverts, after installation, shall be made by Bloomfield Engineer, consistent with the criteria stated in this ordinance.

(ii) Special Design Criteria.

1. Apron ends shall be provided on cross-road culverts and driveway culverts.

2. All driveway culverts shall be at least 15- inches in diameter and no driveway culvert shall be less than 24 feet long and 2 feet past driveway width on each side.

(iii)Standard Material and Construction Specifications.

The applicable portions of the most current edition of the State of Wisconsin, Department of Transportation, Division of Highways, Standards Specifications for Road and Bridge Construction shall govern, except as herein amended.

(iv) Special Material Specifications.

All culverts must be made of reinforced concrete ,corrugated metal or aluminum pipe.

(v) Private Entrance Culvert Location.

1. In cases of a single entrance to the property, the culvert as located in the ditch shall be a minimum of three (3) feet off of side lot line, as extended.

2. Where a joint access is required, the culvert is to be centered on the line between the two properties as extended to the ditch. The driveways where they cross into the respective properties shall be a minimum of five (5) feet off the property line.

3. The Village Board may waive the location requirements of this subsection, where the Village Road Foreman finds that compliance with these requirements is not reasonable due to topography or other natural features.

4. CULVERT MAINTENANCE AND REPAIR. Every property owner will have the continuing responsibility and obligation to maintain and repair the culvert(s) servicing their property. Should any culvert become in such a condition or state of disrepair or be damaged to such an extent that the flow of the drainage or access by motor vehicles is affected thereby, the property owner shall take whatever actions are necessary to repair or replace said defective culvert.

5. CULVERT INSTALLATION MAY BE REQUIRED IN EXISTING DRIVEWAYS. Where the public welfare requires a suitable culvert for an existing driveway, the Village/Town Board shall notify, in writing, the property owner, that the Village Road Foreman will install a culvert at the expense of the abutting property. The property owner shall deposit a sum in an amount equal to the estimated cost of installing such culvert within ten (10) days from the date of notice. If the deposit is not made, and if the cost of the installation to the abutting property is not paid to the Treasurer on or before November 1st, the same shall be entered on the tax roll as a special charge against the property.

(d) OBLIGATION FOR CORRECTIVE WORK. If any culvert is installed, driveway access is built, alteration is made in a right-of-way, or other unauthorized condition exists in violation of this chapter, the violation shall be corrected by the owner of the property, at the property owner's sole expense. If the violation of this ordinance is not corrected after ten (10) days written notice from the Village Building Inspector, the Village/Town may make all necessary corrections, including removing the culvert or fill or other cause of the violation, and rebuilding conforming improvements if deemed necessary by the Village Building Inspector, and restoring the right- of-way, and bill the property owner for all of the expenses incurred by the Town in said corrective work. If said property owner fails to pay the Village/Town's expenses, the charge shall be placed upon the tax roll and collected as a special tax under §66.0627, Wisconsin Statutes.

______Established December 10, 2003, Ordinance No. 1004; Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-18

22.31 PROPERTY MAINTENANCE CODE.

(1) TITLE. This Chapter shall be known and cited as the Property Maintenance Code of the Village of Bloomfield.

(2) LEGISLATIVE INTENT.

(a) PURPOSE. It is hereby declared that in order to arrest or prevent the deterioration of properties which can spread to surrounding properties and result in the depreciation of property values, and in order to protect the environment and preserve the aesthetic character of neighborhoods and the health, safety and welfare of the public, the Village of Bloomfield hereby adopts this Section.

(b) SCOPE. The provisions of this Section shall apply to all residential structures and lots in the Village.

(3) DEFINITIONS.

(a) Where terms are not defined in this Section and are defined other Chapters of this Municipal Code presently in force in the Village, they shall have the meaning ascribed to them as in such Chapters. When the terms are not defined under the provisions of this or any other Village Ordinance, they shall have ascribed to them their ordinary accepted meanings or such as the context herein may imply.

(b) Whenever the words, “building,” “premises,” or “structures” are used in this Section, they shall be construed as though they were followed by the phrase “or any part thereof.”

(4) INSPECTION OF PROPERTY.

(a) Inspections shall be made only under the following circumstances:

(i)When the Building Inspector finds that there are reasonable grounds to believe that there are violations of the provisions of this Section which affect the health, safety or welfare of the public, residence or potential residence.

(ii)Upon a complaint in writing being made about the building or premises.

(b) In the event the Building Inspector is denied voluntary access during a reasonable hour to any premises covered by this Section for the purpose of determining conditions that may be adverse to public health, safety and welfare, he may order an inspection in writing or secure a warrant under the terms of sec. 66.0119 of the Wisconsin Statutes.

(5) SERVICE OF NOTICES AND ORDERS.

(a) Violations of this Section, as determined by the Building Inspector, shall be outlined in written form and shall be mailed by certified mail to the address registered with the Village Treasure for receipt of Real Estate Taxes and posted on the property at the main entrance, so as to provide notice to any potential tenants.

(b) Such notices and orders shall include:

(i)An adequate description of the real estate so affected.

(ii)A statement of the alleged violation, including the corresponding reference to this Section’s requirements.

(iii)An order for remedial action to correct such violation.

(iv)A reasonable time for compliance to this Section’s requirements.

(6) EMERGENCY ORDERS. If the Building Inspector determines that a building or premises is in such condition that it constitutes a public nuisance or that there is great and immediate danger to public health, safety and welfare; or, that the building is unsanitary or unfit for human habitation, occupancy or use, he may post a notice on the premises to that effect, in accordance with the terms of sec. 66.0413 of the Wisconsin Statutes, in the same manner as described therein. In addition to posting such property as unfit, unsafe and/or unsanitary, he shall order the building or that portion of it so affected to be vacated in the manner prescribed by the applicable provisions of sec. 66.0413 of the Wisconsin Statutes. No person shall remove or deface any placard placed by the Building Inspector on any building which has been declared unfit or unsafe for human habitation or use.

(7) MAINTENANCE AND WORKMANSHIP

(a) MAINTENANCE. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. All building systems (building, electrical, plumbing, mechanical, structural, and nonstructural), components, devices and/or safeguards installed at the construction, alteration or repair of any building or structure shall be maintained in good working order and in compliance with this Section in effect when installed and/or in accordance with the applicable manufacturer’s requirements. The owner or owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official shall have the authority to require a building or structure to be re-inspected. The requirements of this section shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing buildings or structures.

(b) WORKMANSHIP. Installations, alterations, repairs, and maintenance work which are caused directly or indirectly by the enforcement of this Section shall be executed and installed in a workman like manner and in accordance with the manufacturer’s installation instructions.

(8) RESPONSIBILITY OF PROPERTY OWNER. The property owner shall be responsible for satisfaction of the requirements and terms of this Section.

(9) MINIMUM STANDARDS FOR BUILDINGS AND STRUCTURES. All structures and appurtenances shall be maintained in good repair as to prevent deterioration and infestation by rodents and insects and to prevent individuals from living in squalor. The exterior of all structures shall be maintained and not permitted to be a blighting influence to the surrounding properties, the neighborhood or the Village.

(a) Roofs, Walls, Foundations, Floors, Etc.

(i) All roofs, walls (including siding), and/or floor systems shall be weather tight and rodent proof, capable of affording privacy and maintained in good repair.

(ii)Exterior surfaces, to include, but not limited to, roofs, walls, siding, flooring and appurtenances to include, but not limited to, eaves, soffits, chimneys, porches, decks, guardrails and handrails, shall be weather tight and painted or provided with a comparable finish in order to prevent deterioration, exclude insects and rodents and preserve the visual aesthetic character of the neighborhood.

(b) Windows, Doors and Other Openings.

(i)All windows and doors, to include storms and screens to windows and doors, and all other openings shall be weather tight, rodent- and insect-resistant and maintained in good repair.

(ii) Exterior openings, to include but not limited to, windows, doors, storms, etc., shall be painted or provided with comparable finish in order to prevent deterioration and preserve the visual aesthetic character of the neighborhood.

(i)Every porch, deck, stoop, and all appurtenances thereto, to include, but not limited to, guardrails, handrails and steps shall be maintained in good repair.

(ii)Stairways shall be maintained with uniform risers and proper guardrails and handrails.

(d) Garages and Other Accessory Structures.

(i)Every garage and other accessory structure shall be maintained as stated in subsections (a) through (d).

(ii)Garages and accessory buildings shall have weather tight, secure and properly operating overhead, service and other access doors.

(e) Corrosion of Metal.

(i)All ferrous (metal) equipment, trim, metal parts or other shall be protected and maintained free of rust or corrosion.

(ii)Rusted/corroded metal equipment, trim or metal parts are not permitted.

(f) Plumbing Requirements. All structures and/or units used as a residence shall contain a kitchen sink, a flush water closet, a lavatory basin, and a bathtub or shower, all in good working condition and properly connected to hot and cold water lines, as required, and to an approved water and sanitary system. Water pressure shall be available at all fixtures as specified in the State Plumbing Code.

(g) Water Heating Facilities. All structures and/or units used as a residence shall have supplied water heating facilities which are properly installed and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at any required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120ºF.

(h) Electrical. All structures and/or units used as a residence shall be supplied with electrical service, outlets and fixtures which shall be properly installed, shall be maintained in good and safe working conditions, and shall be connected to a source of electric power in a manner prescribed by the Wisconsin Electrical Code.

(i) Heating. All structures and/or units used as a residence shall be supplied with a heat source, properly installed and adequate to provide sufficient heat to each room of the residence so as maintain a temperature of 67ºF in the middle of the room.

(10) MAJOR REPAIRS – DEMOLITION ORDERED

(a) The Building Inspector may order the owner of premises upon which is located any building or part thereof which, in his judgment, is so old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for unfit habitation and unreasonable to repair the same, to raze and remove such building or part thereof, or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove, at the owner’s option.

(b) Major Alterations and/or Repairs. If alterations and/or repairs as determined by the Building Inspector exceed fifty percent (50%) of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the Department of Revenue for the Village of Bloomfield are made to any existing building or structure within any period of twelve (12) months, the entire building or structure shall be made to conform with the requirements provided for in this Chapter for new construction.

(c) Cessation of Construction. If there has been a cessation of normal construction of a building for a period of more than 2 years, the Building Inspector may order the owner of the building to raze the building.

(11) FAILURE TO COMPLY. The Building Inspector is authorized to swear out a complaint to the Village Police Department, requesting a citation be issued to enforce the provisions of this Section and/or may refer this matter to the Village’s Attorney for the commencement of other legal action to enforce the provisions herein.

(12) PENALTY. Any person, firm or other legal entity convicted of a violation of any provisions of this Section shall be punished by a forfeiture of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) and the costs of prosecution. Each day that a violation of a provision of this Section continues after notice has been served shall be deemed a separate offense.

______Established December 10, 2003, Ordinance No. 1004; Repealed & Recreated November 10, 2014, Ordinance No. 2014-O-18

CHAPTER 23 RESERVED

CHAPTER 24 ADMINISTRATIVE REVIEW PROCEDURE

24.01 Review of Administrative Determinations 24.02 Determinations Reviewable 24.03 Determinations Not Subject to Review 24.04 Municipal Authority Defined 24.05 Persons Aggrieved 24.06 Reducing Determination in Writing 24.07 Request for Review of Determination 24.08 Review of Determination 24.09 Administrative Appeal 24.10 Hearing on Administrative Appeal 24.11 Final Determination 24.12 Judicial Review 24.13 Legislative Review

Chapter 24 Board Action Adopted December 20, 2011 as part of Village Incorporation

24.01 REVIEW OF ADMINISTRATIVE DETERMINATIONS. Any person aggrieved by an administrative determination of the Village Board or a board, commission, agency, official or employee of the Village or an agent acting on its behalf may have such determination reviewed as provided in this Chapter. The remedies under this Chapter shall not be exclusive, but an election to proceed hereunder shall be an election of remedies.

24.02 DETERMINATIONS REVIEWABLE. The following determinations are reviewable under this Chapter:

(1) The grant or denial in whole or in part, after application, of an initial permit, license, right, privilege, or authority, except a fermented malt beverage or intoxicating liquor license.

(2) The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in 24.03(4).

(3) The denial of a grant of money or other thing of value under a statute or ordinance prescribing conditions of eligibility for such grant.

(4) The imposition of a penalty or sanction upon any person except a municipal employee or officer, other than by a court.

(5) The suspension or removal of a Village Official or employee except as provided in 24.03(2) and (7).

24.03 DETERMINATIONS NOT SUBJECT TO REVIEW. The following determinations are not reviewable under this Chapter:

(1) A legislative enactment. A legislative enactment is an ordinance, resolution or adopted motion of the Village Board.

(2) Any action subject to administrative or judicial review procedures under State Statutes or other provisions of this Code.

(3) The denial of a tort or contract claim for money required to be filed with the Village under Wis. Stats. 60.36.

(4) The grant, denial, suspension or revocation of a fermented malt beverage license or intoxicating liquor license under Wis. Stats. Ch. 125.

(5) Judgments and orders of a court.

(6) Determinations made during municipal labor negotiations.

(7) Determinations subject to grievance, arbitration or other procedures provided in collective bargaining agreements.

(8) Any action or determination which does not involve the constitutionally protected right of a specific person or persons to due process in connection with the action or determination.

24.04 MUNICIPAL AUTHORITY DEFINED. “Municipal Authority” includes the Village Board, commission, committee, agency, official, employee or agent of the Village making a determination under Section 24.01, and every person, committee or agency of the Village authorized to make an independent review under Section 24.08(2).

24.05 PERSONS AGGRIEVED. A person aggrieved includes any individual, partnership, corporation, association, public or private organization, and any official, department, board, commission or agency of the Village, whose rights, duties or privileges are adversely affected by a determination of a municipal authority. No department, board, commission, agency, official or employee of the Village who is aggrieved may initiate review under this chapter of a determination of any other department, board, commission agency, official or employee of the Village, but may respond or intervene in a review proceeding under this chapter initiated by another.

24.06 REDUCING DETERMINATION TO WRITING. If a determination subject to this chapter is made orally or, if in writing, does not state the reasons therefor, the municipal authority making such determination shall, upon written request of any person aggrieved by such determination made within 10 days of notice of such determination, reduce the determination and the reasons therefor to writing and mail or deliver such determination and reasons to the person making the request. The determination shall be dated and shall advise such person of his right to have such determination reviewed, shall advise that such review may be taken within 30 days and shall name the office or person to whom a request for review shall be addressed.

24.07 REQUEST FOR REVIEW OF DETERMINATION. Any person aggrieved may have a written or oral determination reviewed by written request mailed or delivered to the municipal authority which made such determination within 30 days of notice to such person of such determination. The request for review shall state the grounds upon which the person aggrieved contends that the determination should be modified or reversed. A request for review shall be made to the official, employee, agent, agency, committee, board, commission or body who made the determination; but failure to make such request to the proper party shall not preclude the person aggrieved from review unless such failure has caused prejudice to the municipal authority.

24.08 REVIEW OF DETERMINATION.

(1) INITIAL DETERMINATION. If a request for review is made under Section 24.07, the determination to be reviewed shall be termed an initial determination.

(2) WHO SHALL MAKE REVIEW. A review under this section may be made by the official, employee, agent, agency, committee, board, commission or body who made the initial determination.

(3) WHEN TO MAKE REVIEW. The municipal authority shall review the initial determination within 15 days of receipt of a request for review. The time for review may be extended by agreement with the person aggrieved.

(4) RIGHT TO PRESENT EVIDENCE AND ARGUMENT. The person aggrieved may file with his request for review or within the time agreed with the municipal authority written evidence and argument in support of his position with respect to the initial determination.

(5) DECISION ON REVIEW. The municipal authority may affirm, reverse or modify the initial determination and shall mail or deliver to the person aggrieved a copy of the municipal authority’s decision on review, which shall state the reasons for such decision. The decision shall advise the person aggrieved of his right to appeal the decision, shall advise that the appeal may be taken within 30 days and shall name the office or person with whom notice of appeal shall be filed.

24.09 ADMINISTRATIVE APPEAL.

(1) FROM INITIAL DETERMINATION OR DECISION ON REVIEW.

(a) If the person aggrieved had a hearing substantially in compliance with Section 24.10 when the initial determination was made, he may elect to follow Section 24.06 through 24.08 but is not entitled to a further hearing under Section 24.10 unless granted by the municipal authority. He may, however, seek judicial review under Section 24.12.

(b) If the person aggrieved did not have a hearing substantially in compliance with Section 24.10 when the initial determination was made, he shall follow Section 24.06 through 24.08 and may appeal under this section (24.09) from the decision made under Section 24.08.

(2) TIME WITHIN WHICH APPEAL MAY BE TAKEN UNDER THIS SECTION. Appeal from a decision on review under Section 24.08 may be taken within 30 days of notice of such decision.

(3) HOW APPEAL MAY BE TAKEN. An appeal under this section may be taken by filing with or mailing to the Village Clerk a written notice of appeal.

24.10 HEARING ON ADMINISTRATIVE APPEAL.

(1) TIME OF HEARING. The Village shall provide the appellant a hearing on an appeal under Section 24.09 within 15 days of receipt of the notice of appeal and shall serve the appellant with notice of such hearing by mail or personal service at least 10 days before such hearing.

(2) CONDUCT OF HEARING. At the hearing, the appellant and the municipal authority may be represented by counsel and may present evidence and call and examine witnesses and cross-examine witnesses of the other party. Such witnesses shall be sworn by the person conducting the hearing. The Village President shall appoint, without confirmation, an impartial decisionmaker, who may be an official, committee, board or commission of the Village or the Village Board who did not participate in making or reviewing the initial determination, who shall make the decision on administrative appeal and who may issue subpoenas. The hearing may, however, be conducted by an impartial person, committee, board or commission designated by the Village President to conduct the hearing and report to the decisionmaker.

(3) RECORD OF HEARING. The person conducting the hearing or a person employed for the purpose of making a record of the hearing shall take notes of the testimony and shall mark and preserve all exhibits. The person conducting the hearing may, and upon request of the appellant shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the Village.

(4) HEARING ON INITIAL DETERMINATION. Where substantial existing rights are affected by an initial determination, the municipal authority making such determination shall, when practicable, give any person directly affected an opportunity to be heard in accordance with this section before making such determination.

24.11 FINAL DETERMINATION.

(1) Within 20 days of completion of the hearing conducted under Section 24.10 and the filing of briefs, if any, the decisionmaker shall mail or deliver to the appellant its written determination, stating the reasons therefor. Such determination shall be a final determination.

(2) A determination following a hearing substantially meeting the requirements of Section 24.10 or a decision on review under Section 24.08 following such hearing, shall be a final determination, judicial review of which may be obtained under Section 24.12.

24.12 JUDICIAL REVIEW.

(1) Any party to a proceeding resulting in a final determination may seek review thereof by writ of certiorari within 30 days of receipt of the final determination.

(2) The record of the proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at his expense. If the person seeking review establishes impecuniousness to the satisfaction of the reviewing court, the court may order the proceedings transcribed at the expense of the Village; and the person seeking review shall be furnished a free copy of the transcript. By stipulation, the court may order a synopsis of the proceedings in lieu of a transcript. The court may otherwise limit the requirement for a transcript.

24.13 LEGISLATIVE REVIEW.

(1) Seeking review pursuant to this chapter does not preclude a person aggrieved from seeking relief from the Village Board or any of its boards, commissions, committees or agencies which may have jurisdiction.

(2) If, the course of legislative review under this section, a determination is modified, such modification and any evidence adduced before the Village Board, board, commission, committee or agency shall be made part of the record on review under Section 24.12.

(3) The Village Board, board, commission, committee or agency conducting a legislative review under this section need not conduct the type of hearing required under Section 24.10.

CHAPTER 25 CONSTRUCTION AND EFFECT OF ORDINANCES

25.01 Rules of Construction 25.02 Conflict and Separability 25.03 Clerk to File Documents Incorporated by Reference 25.04 Penalty Provisions 25.05 Repeal of General Ordinances 25.06 Effect of Repeals 25.07 Title; Effective Date; Citation 25.08 Keeping Code Current; Reviser’s Amendments

Chapter 25 Board Action Adopted December 20, 2011 as part of Village Incorporation

BLOOMFIELD 01/15/83

25.01 RULES OF CONSTRUCTION. In the construction of this Municipal Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance.

(1) Wisconsin Statutes. All references to “Wisconsin Statutes” or “Wis. Stats.” shall mean the Wisconsin Statutes for the years 1979-80 and shall include the 1981 session laws.

(2) Gender, Singular, and Plural. Every word in this Code and in any ordinance imparting the masculine gender may extend and be applied to females as well as males, and every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided these rules of construction shall not be applied to any provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.

(3) Person. The word “person” extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and to all entities capable of being sued, unless plainly inapplicable.

(4) Acts of Agents. When a provision requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

25.02 CONFLICT AND SEPARABILITY.

(1) CONFLICT OF PROVISIONS. If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter.

(2) SEPARABILITY OF CODE PROVISIONS. If any section, subsection, sentence, clause or phrase of the Code 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 or portion thereof.

25.03 CLERK TO FILE DOCUMENTS INCORPORATED BY REFERENCE. Whenever in this Code any standard, code, rule, regulation or other written or printed matter is adopted by reference, it shall be deemed incorporated in this code as if fully set forth herein and the Clerk shall file, deposit and keep in his office a copy of the code, standard, rule, regulation or other written or printed matter as adopted. Materials so filed, deposited and kept shall be public records open BLOOMFIELD 01/15/83 for examination with proper care by any person during the Clerk’s office hours, subject to such orders or regulations which the Clerk may prescribe for their preservation.

25.04 PENALTY PROVISIONS. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than $10.00 nor more than $5,000.00, together with the costs of the prosecution and any other penalties as provided by law; and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the Walworth County Jail until said forfeiture and costs are paid, but not exceeding ninety days, provided, however, that the penalty hereunder shall not exceed the maximum penalty provided under Wisconsin Statutes, if a statutory counterpart exists, and any other penalty as provided by law.

CONSTRUCTION AND EFFECT OF ORDINANCES 25.05

25.05 REPEAL OF GENERAL ORDINANCES. All ordinances heretofore adopted by the Village Board are hereby repealed, except all ordinances or parts of ordinances relating to the following subjects and not conflicting with any of the provisions of this Code:

(1) The issuance of corporate bonds and notes of the Village of whatever name or description

(2) The establishment of grades, curb lines and widths of sidewalks in the public streets and alleys.

(3) The fixing of salaries of public officials and employees.

(4) Rights, licenses or franchises or the creation of any contract with the Village.

(5) The lighting of streets and alleys.

(6) The naming and changing of names of streets, alleys, public grounds and parks.

(7) The letting of contracts without bids.

(8) The establishment of wards, ward boundaries and election precincts.

(9) Tax and special assessment levies.

(10) Releases of persons, firms or corporations from liability.

(11) Construction of public works.

BLOOMFIELD 01/15/83

(12) Water, sewer and electric rates, rules and regulations and sewer and water main construction.

(13) Budget ordinances, resolutions and actions.

25.06 EFFECT OF REPEALS. The repeal or amendment of any section or provision of this Code or of any other ordinance or resolution of the Board shall not:

(1) By implication be deemed to revive any ordinance not in force or existing at the time such repeal or amendment takes effect.

(2) Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or amended, unless the privilege of repealing such obligation or privilege has been reserved by the Village.

CONSTRUCTION AND EFFECT OF ORDINANCES 25.06 (3)

(3) Affect any offense committed, or penalty or forfeiture incurred, previous to the time when any ordinance is repealed or amended; except when any forfeiture or penalty has been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgement to be pronounced after such ordinance takes effect for any offense committed before that time.

(4) Affect any prosecution for any offense, or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid is repealed or amended; but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinance, and such prosecution shall proceed, in all respects, as if such ordinance had not been repealed; except all such proceedings had after the time this Code takes effect shall be conducted according to the provisions of this Code.

25.07 TITLE; EFFECTIVE DATE; CITATION. These ordinances shall be known as the “Municipal Code of the Village of Bloomfield” and shall take effect from and after passage and publication as provided in §66.035, Wis. Stats. All references thereto shall be cited by section number (example: §13.06, Municipal code of the Village of Bloomfield).

25.08 KEEPING CODE CURRENT; REVISER’S AMENDMENTS.

(1) The Village Clerk shall certify one copy of the Code as the original Municipal Code of the Village and shall file the same as part of the Village Ordinance Book. Such copy shall be BLOOMFIELD 01/15/83

retained in its original form. In addition, the Clerk shall retain in his office at least one copy of the Municipal Code in current form in which shall be inserted all supplemental sheets as hereinafter provided.

(2) Whenever any ordinance amending, repealing, revising or creating any section of this Code is adopted by the Village Board, the Clerk, after recording such ordinance in the ordinance book, shall forward such ordinance or resolution to the Revisor, who shall incorporate them into the Municipal Code. The revisor shall make no substantive changes to such ordinances and resolutions but may renumber, rearrange and edit them without first submitting them to the Village Board and such renumbering, rearranging and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Municipal Code affected thereby.

BLOOMFIELD 01/15/83

CHAPTER 26 MISCELLANEOUS

Chapter 26 Adopted December 20, 2011 as part of Village Incorporation

26.01 Charges for Storage of Vehicles

(1) The Town of Bloomfield shall be entitled to a fee for the storage of vehicles on Town property, subject to the following:

(a) The Town may charge a $25.00 per day storage fee for vehicles seized or impounded by Town officials. All vehicles shall be charged a fee except as provided in sub. (2).

(b) Vehicles seized or impounded as evidence of a crime or the commission of a crime, shall be subject to Sec. 968.20, Wis. Stats., and Sec. 973.075, Wis. Stats.

(c) The storage fee charged in sub. (1) of this section shall not act as a lien upon any abandoned vehicle until which time it is sold. Any vehicle sold and remains in storage for any period of time after the sale, constitutes a lien on the vehicle pursuant to Sec. 432.40 Wis. Stats., and Sec. 779.43 Wis. Stats.

______Adopted November 3, 2003; Ordinance No. 1003

CHAPTER 27 ZONING ORDINANCE

VILLAGE OF BLOOMFIELD WALWORTH COUNTY, WISCONSIN

RECOMMENDED BY THE PLAN COMMISSION 09/28/2010 Chapter 27 Board Action Adopted December 20, 2011 as part of Village Incorporation Revised March 4, 2013, Ordinance No. 2013-O-03 (Shoreland Zoning) Revised April 8, 2013, Ordinance No. 2013-O-04 (Size & Pole Barns) Revised September 9, 2013, Ordinance No. 2013-O-10 (Telecommunications Towers) Revised April 7, 2014, Ordinance No. 2014-O-05 (Signs) Revised June 2, 2014, Ordinance No. 2014-O-14 (Telecommunications Towers) Revised December 7, 2015, Ordinance No. 2015-O-08 (Other Retail in Business District) Revised July 11, 2016, Missed Revisions, “town” to “village”

CHAPTER 27 ZONING ORDINANCE

VILLAGE OF BLOOMFIELD WALWORTH COUNTY, WISCONSIN

CONTENTS

DIVISION 1. INTRODUCTION ...... 1

Sec. 27-1. Authority...... 1

Sec. 27-2. Title...... 1

Sec. 27-3. Purpose...... 1

Sec. 27-4. Intent...... 1

Sec. 27-5. Jurisdiction...... 2

Sec. 27-6. Compliance...... 2

Sec. 27-7. Abrogation and Greater Restrictions...... 3

Sec. 27-8. Interpretation...... 3

Sec. 27-9. Severability and Nonliability...... 3

Sec. 27-10. Special Exceptions for Americans with Disabilities Act Requirements ...... 4

Sec. 27-11. Conflicting Ordinances...... 4

Sec. 27-12. Adoption and Effective Date...... 4

Sec. 27-13 through 27-19. Reserved for Future Use...... 4

DIVISION 2. GENERAL ...... 5

Sec. 27-20. Use Regulations...... 5

Sec. 27-21. Site Regulations...... 7

Sec. 27-22. Fences and Retaining Walls ...... 7

Sec. 27-23. Temporary Living Quarters...... 8

Sec. 27-24. Sanitary Regulations...... 8 Sec. 27-25. Pet and Animal Regulations...... 8

Sec. 27-26. Minor Home Occupations/ Professional Home Offices...... 9

Sec. 27-27. Outdoor Wood Furnaces...... 10

Sec. 27-28. Swimming Pools ...... 11

Sec. 27-29. Reserved for Future Use...... 12

DIVISION 3. ZONING DISTRICTS ...... 13

Sec. 27-30. Establishment...... 13

Sec. 27-31. Zoning Map...... 14

Sec. 27-32. A-1 Farmland Preservation District ...... 14

Sec. 27-33. A-2 Agricultural Land District...... 17

Sec. 27-34. A-3 Agricultural Land Holding District...... 19

Sec. 27-35. A-4 Agricultural Related Manufacturing, Warehousing and Marketing District...... 20

Sec. 27-36. A-5 Agricultural-Rural Residential District...... 23

Sec. 27-37. C-1 Lowland Resource Conservation District...... 24

Sec. 27-38. C-2 Upland Resource Conservation District...... 26

Sec. 27-39. C-3 Conservancy-Residential District...... 27

Sec. 27-40. C-4 Wetland Resource Conservation District...... 28

Sec. 27-41. P-1 Recreational Park District...... 31

Sec. 27-42. P-2 Institutional District...... 33

Sec. 27-43. R-1 Single-Family Residence District (unsewered)...... 35

Sec. 27-44. R-2 Single-Family Residence District (sewered)...... 36

Sec. 27-45. R-2A Single-Family Residence District (sewered)...... 37

Sec. 27-46. R-3 Two-Family Residence District (sewered or unsewered)...... 39

Sec. 27-47. R-4 Multiple-Family Residence District (sewered or unsewered)...... 40

Sec. 27-48. R-6 Planned Manufactured Home Residence District...... 41

Sec. 27-49. B-1 Local Business District...... 43

Sec. 27-50. B-2 General Business District...... 46

Sec. 27-51. B-3 Waterfront Business District...... 49

Sec. 27-52. B-4 Highway Business District...... 53 Sec. 27-53. B-5 Planned Commercial Recreational Business District...... 57

Sec. 27-54. M-1 Industrial District...... 60

Sec. 27-55. M-2 Heavy Industrial District...... 62

Sec. 27-56. M-3 Mineral Extraction District...... 63

Sec. 27-57. M-4 Sanitary Landfill District...... 64

Sec. 27-58. Shoreland Regulations...... 65

Sec. 27-59. Reserved for Future Use...... 69

DIVISION 4. PLANNED UNIT DEVELOPMENT (PUD’s) ...... 70

Sec. 27-60. Purpose and Intent of PUD’s ...... 70

Sec. 27-61. General Requirements...... 70

Sec. 27-62. Procedural Requirements...... 70

Sec. 27-63. Basis for Approval...... 72

Sec. 27-64. Specific Implementation Plan...... 75

Sec. 27-65. Development Agreement...... 76

Sec. 27-66. Amendment of General Development Plans or Specific Implementation Plans...... 76

Sec. 27-67 through Sec 27-69. Reserved for Future Use...... 76

DIVISION 5. OVERLAY DISTRICTS ...... 77

Sec. 27-70. Wellhead Protection Overlay Districts...... 77

Sec. 27-71. Overlay District A...... 78

Sec. 27-72. Overlay District B...... 78

Sec. 27-73. Overlay District C...... 79

Sec. 27-74. Overlay District D...... 79

Sec. 27-75. Overlay District E...... 80

Sec. 27-76. Overlay District F...... 81

Sec. 27-77. Shoreland Overlay District...... 81

Sec. 27-78 through 27-79. Reserved for Future Use...... 91

DIVISION 6. CONDITIONAL USES ...... 92

Sec. 27-80. Agricultural and Related Uses...... 92

Sec. 27-81. Recreational and Related Uses...... 94 Sec. 27-82. Residential and Related Uses...... 100

Sec. 27-83. Commercial and Related Uses...... 103

Sec. 27-84. Industrial and Related Uses...... 104

Sec. 27-85. Public and Semi-Public Uses...... 106

Sec. 27-86. Mineral Extraction and Related Uses...... 107

Sec. 27-87. Sanitary Landfill Uses...... 108

Sec. 27-88. Recycling Facilities...... 109

Sec. 27-89. Revocation of Conditional Use Permits...... 110

Sec. 27-90 through Sec. 27-99. Reserved for Future Use...... 111

DIVISION 7. TRAFFIC, PARKING AND ACCESS ...... 112

Sec. 27-100. Traffic Visibility...... 112

Sec. 27-101. Loading Requirements...... 112

Sec. 27-102. Parking Requirements...... 112

Sec. 27-103. Driveways...... 115

Sec. 27-104. Highway Access...... 115

Sec. 27-105 through Sec. 27-109. Reserved for Future Use...... 115

DIVISION 8. SIGNS ...... 116

Sec. 27-110. Purpose...... 116

Sec. 27-111. General Requirements...... 116

Sec. 27-112. Existing Signs...... 117

Sec. 27-113. Permit Required...... 117

Sec. 27-114. Signs Permitted in All Zoning Districts...... 117

Sec. 27-115. Signs Permitted in All Agricultural and Conservation Districts...... 118

Sec. 27-116. Temporary Signs or Banners...... 119

Sec. 27-117. Signs Permitted in All Zoning Districts...... 119

Sec. 27-118. Signs Permitted in Certain Business, Industrial and Park Districts...... 120

Sec. 27-119. Nonconforming Signs...... 121

Sec. 27-120. Wind Pressure and Dead Load Requirements...... 121

Sec. 27-121. Abandoned Billboards and Signs...... 122 Sec. 27-122. Sign Illumination...... 122

Sec. 27-123. Modification for an Off-Premise Sign Location ...... 123

Sec. 27-124. Enforcement and Penalties...... 123

Sec. 27-125 through Sec. 27-129. Reserved for Future Use...... 123

DIVISION 9. PERFORMANCE STANDARDS ...... 124

Sec. 27-130. Compliance...... 124

Sec. 27-131. Air Pollution...... 124

Sec. 27-132. Fire and Explosive Hazards...... 124

Sec. 27-133. Glare and Heat...... 124

Sec. 27-134. Water Quality Protection...... 125

Sec. 27-135. Odors...... 125

Sec. 27-136. Radioactivity and Electrical Disturbances...... 125

Sec. 27-137. Vibration...... 125

Sec. 27-138 through Sec. 27-139. Reserved for Future Use...... 126

DIVISION 10 NONCONFORMING USES, STRUCTURES, AND LOTS ...... 126

Sec. 27-140. Existing Nonconforming Uses and Structures...... 126

Sec. 27-141. Existing Substandard Structures...... 127

Sec. 27-142. Changes and Substitutions...... 127

Sec. 27-143. Existing Substandard Lots...... 127

Sec. 27-144 through Sec. 27-149. Reserved for Future Use...... 128

DIVISION 11. EXCEPTIONS AND MODIFICATIONS ...... 129

Sec. 27-150. Height Exceptions ...... 129

Sec. 27-151. Yard Exceptions ...... 129

Sec. 27-152. Reduced Street Yard Setback Exceptions ...... 130

Sec. 27-153. Average Street Yard Exceptions ...... 130

Sec. 27-154. Noise Exceptions ...... 130

Sec. 27-155. Reduced Side Yard Exceptions ...... 130

Sec. 27-156. Parking Requirement Exceptions and Modifications...... 130

Sec. 27-157 through Sec. 27-159. Reserved for Future Use...... 130 DIVISION 12. PROCEDURAL REGULATIONS ...... 131

Sec. 27-160. Purpose of Procedural Regulations...... 131

Sec. 27-161. Procedures for Amending the Ordinance Text or Map Procedures...... 131

Sec. 27-162. Conditional Use Permit Review and Approval Procedures...... 133

Sec. 27-163. Site Plan Review and Approval Procedures...... 136

Sec. 27-164. Variance Procedures...... 138

Sec. 27-165. Appeals of Zoning Interpretations Procedures...... 142

Sec. 27-166 through Sec. 27-169. Reserved for Future Use...... 143

DIVISION 13. ADMINISTRATION AND ENFORCEMENT ...... 144

Sec. 27-170. Purpose of Administrative Regulations...... 144

Sec. 27-171. Zoning Administrator...... 144

Sec. 27-172. Plan Commission...... 145

Sec. 27-173. Zoning Board of Appeals...... 145

Sec. 27-174. Fees...... 148

Sec. 27-175. Violations and Penalties...... 148

Sec. 27-176 through Sec. 27-179. Reserved for Future Use...... 149

DIVISION 14. DEFINITIONS...... 150

DIVISION 15. TELECOMMUNICATIONS ...... 173

Sec. 27-180. Authority...... 173

Sec. 27-181. Title ...... 173

Sec. 27-182. Purpose ...... 173

Sec. 27-183. Intent ...... 174

Sec. 27-184. Applicability ...... 174

Sec. 27-185. Exempt from Village Review ...... 174

Sec. 27-186. Definitions...... 175

Sec. 27-187. Siting and construction of any new mobile service facility or substantial modification of facilities and support structures...... 177

Sec. 27-188 – Class 2 collocation ...... 181

Sec. 27-189 – Setbacks and site development...... 182 Sec. 27-190 – Abandonment...... 183

Sec. 27-191 – Severability...... 184

Sec. 27-192 – Transferability...... 184

Sec. 27-193 – Appeal Procedure...... 184

Sec. 27-194 – Limitations...... 184

Sec. 27-195 through Sec. 27-200 Reserved for Future Use ...... 184

DIVISION 1. INTRODUCTION

Sec. 27-1. Authority.

This ordinance is adopted under the authority granted by Wis. Stats. Ch. 60.62 and 62.23 and amendments thereto. The Board of Supervisors of the Village of Bloomfield, Walworth County, Wisconsin, do ordain as follows:

Sec. 27-2. Title.

This ordinance shall be known as, referred to, and cited as the "Zoning Ordinance, Village of Bloomfield, and Walworth County, Wisconsin" and hereinafter referred to as the "ordinance."

Sec. 27-3. Purpose.

The purpose of this ordinance is to promote the comfort, health, safety, prosperity, aesthetics, and general welfare of the Village and its communities and to protect the natural and agricultural resources, as identified and mapped in the Village of Bloomfield Comprehensive Plan.

Sec. 27-4. Intent.

It is the general intent of this ordinance to:

1) Regulate the use of structures, lands, and waters in the Village of Bloomfield.

2) Regulate lot coverage, population density and distribution, and the location and size of structures in the Village of Bloomfield;

3) Secure safety from fire, flooding, panic, and other dangers.

4) Provide adequate light, air, sanitation, and drainage.

5) Further the appropriate use of land and conservation of natural resources.

6) Obtain the wise use, conservation, development, and protection of the village's water, soil, wetland, woodland, and wildlife resources and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses.

7) Prevent overcrowding and avoid undue population concentration and urban sprawl.

8) Stabilize and protect the natural beauty and property values of the village.

9) Lessen congestion in and promote the safety and efficiency of the streets and highways.

10) Facilitate the adequate provision of public facilities and utilities.

11) Preserve natural growth and cover and promote the natural beauty of the village.

12) Implement the Village of Bloomfield Comprehensive Plan.

13) Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.

14) To preserve the beauty and rural character of the village through the permanent preservation of meaningful open space and sensitive natural resources.

15) To preserve prime agricultural land by concentrating housing on lands that have low agricultural potential.

16) To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community.

17) To provide a diversity of lot sizes, housing choices and building densities to accommodate a variety of age and income groups.

18) To provide buffering between residential development and non-residential uses.

19) To meet demand for housing.

20) To provide an opportunity to create an interconnected network of protected lands.

21) To protect the quality and abundance of ground water resources.

22) To protect and restore environmentally sensitive areas, biological diversity, minimize disturbance to existing vegetation, and maintain environmental corridors.

Additionally, it is intended to provide for the administration and enforcement of this ordinance and to provide penalties for its violation.

Sec. 27-5. Jurisdiction.

The provisions of this ordinance shall apply to all structures, land, water and air within the Village of Bloomfield, Walworth County, Wisconsin. provided however those provisions of the 'Shoreland Zoning Ordinance, Village of Bloomfield, Wisconsin' implementing the shoreland zoning standards of Chapter NR 115 and the floodplain regulations of Chapter NR116 of the Wisconsin Administrative Code shall apply in the shorelands. Where any provision of this ordinance conflicts with the shoreland zoning standards or floodplain regulations of the 'Shoreland Zoning Ordinance, Village of Bloomfield, Wisconsin,' the later shall control."

Sec. 27-6. Compliance.

No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, except minor structures, and without full compliance with the provisions of this ordinance and all other applicable local, county, and state regulations.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this ordinance. No part of any lot, yard, parking area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use.

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Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building, or part thereof, for which a zoning permit has been issued before the effective date of this ordinance and the construction of which shall have been completed within 24 months from the date of such permit.

The Zoning Administrator shall accept all applications, issue or deny all zoning permits, investigate all complaints, give notice of violations, and enforce the provisions of this ordinance. All violations of this ordinance shall be reported to the Village Attorney who shall bring action to enforce the provisions of this ordinance.

Access. The Zoning Administrator and his deputies shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance. If, however, they are refused entry after presentation of proper identification, they may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

Sec. 27-7. Abrogation and Greater Restrictions.

It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, wherever this ordinance imposes greater restrictions the provisions of this ordinance shall govern.

Sec. 27-8. Interpretation.

In their interpretation and application, the provisions of this ordinance shall be liberally construed in favor of the village and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes. This ordinance shall be interpreted and applied in its entirety and shall be consistent with the purpose and intent of this ordinance.

Sec. 27-9. Severability and Nonliability.

If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. This ordinance shall not create a liability on the part of, or a cause of action against, the village or any office or employee thereof for any damages that may result from reliance on this ordinance.

If any application of this ordinance to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

The village does not guarantee, warrant, or represent that those soils listed as being unsuited for specific uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the board of supervisors, its agencies, or employees for any flood damage, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this ordinance.

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Sec. 27-10. Special Exceptions for Americans with Disabilities Act Requirements

The Zoning Administrator, Plan Commission or Village Board may grant special exceptions for situations involving compliance with the Americans with Disabilities Act (ADA) or other similar State or Federal regulations where strict adherence to the requirements of this code would create a violation of State or Federal regulations.

Sec. 27-11. Conflicting Ordinances.

All prior village ordinances, or parts of ordinances and amendments thereto conflicting with this ordinance, are hereby repealed and superseded by this ordinance.

Sec. 27-12. Adoption and Effective Date.

This ordinance shall be effective after a public hearing, recommendation by the village Plan Commission, adoption by the Village Board of supervisors; and publication or posting as provided by law.

Sec. 27-13 through 27-19. Reserved for Future Use.

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DIVISION 2. GENERAL

Sec. 27-20. Use Regulations.

Only the following uses and their essential services may be allowed in any zoning district:

1) Permitted uses. Permitted uses as specified for each district.

2) Accessory uses.

a) Accessory uses and structures are permitted in any district but not until the principal structure is present or under construction.

b) Uses accessory to residential district developments shall not involve the conduct of any business, trade or industry except for home occupations, minor home occupations, and professional home offices as defined and permitted herein.

c) An accessory structure cannot contain a separate dwelling unit.

d) The size (square footage at ground floor elevation) of accessory structures shall be based on lot area. The area shall be considered thte net area less area zoned C-1 and C-4 in lots less than 5 acres. The total accessory structure floor area shall be calculated as follows:

i) Parcel from 0 to 12,000 square feet (sq. ft.): Total size of all accessory structures cannot exceed 10% of lot area.

ii) Parcel 12,001 sq. ft. to 1.99 acres: Total size of all accessory structures cannot exceed 1,200 sq. ft.

iii) Parcel 2 acres to 2.99 acres: Total size of all accessory structures cannot exceed 1,700 sq. ft.

iv) Parcels 3 acres to 3.99 acres: Total size of all accessory structures cannot exceed 2,200 sq. ft.

v) Parcels 4 acres to 4.99 acres: Total size of all accessory structures cannot exceed 2,700 sq. ft.

vi) Parcels 5 acres or more that contain areas zoned C-1 & C-4 that are equal to or greater than the lot area of the primary buildable zoning area can be used in the area calculation for accessory structures upon obtaining a conditional use for the accessory structure. Total size of all accessory structures cannot exceed 1.5% of the complete lot area.

The Village Plan Commission shall consider the buildable acres relationship with the setbacks, and intensity of building envelopes prior to final approval of the conditional use.

e) Accessory structures are permitted in the rear and side yards of all lots, and in the street yards of waterfront lots, flag lots, through lots, corner lots, and lots of one acre or more in size. Only boathouses, boat hoists, and piers shall be permitted in the shore yard.

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f) Accessory structures 1,200 square feet or less in size shall not exceed 17 feet in height. Accessory structures greater than 1,200 square feet shall not exceed 25 feet in height,

g) Accessory structures 1,200 feet or less shall comply with the following yard and setback requirements:

i) When located in the street yard, they shall not be closer than the minimum required side yard, rear yard and street yard setback except an alley which shall be at least five feet.

ii) When located in the street yard on waterfront lots, they shall not be located closer than three feet to the lot line, five feet to an alley line, or ten feet to the road right- of-way.

iii) When located in the rear yard they shall not be located closer than three feet to the lot line.

h) Accessory structures greater than 1,200 square feet shall maintain the setbacks required by the zone district for the principal structure.

i) No pole barn type accessory structure shall be allowed in any residential zoning district, unless with a conditional use permit approved by the Planning and Zoning Commission.

3) Conditional uses.

a) Conditional uses and their accessory uses are considered as special uses requiring authorization, review, public hearing and approval by the Plan Commission in accordance with Division 6 of this chapter, except those existent at time of adoption of this Zoning Ordinance.

b) Those existing uses that are classified as "conditional uses" for the district in which they are located at the time of adoption of the ordinance require no further action by the Plan Commission for them to continue as valid conditional uses.

c) A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Division 6 of this chapter.

d) Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses or establishment of new conditional uses shall require review, public hearing and approval by the Plan Commission in accordance with Division 6 and Division 11 of this chapter.

e) Conditional uses, either allowed by action of the Plan Commission or existent at time of adoption of this ordinance, shall be nonlapsing and shall survive vacancies of less than 12 months and change of ownership, providing the use remains unchanged. Change of use shall require either compliance with the district zoning or issuance of a new conditional use permit in accordance with Division 6 of this chapter.

4) Uses not specified.

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a) Uses not specified in this chapter that are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.

b) Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Plan Commission after public hearing and approval in accordance with Article V of this chapter.

Sec. 27-21. Site Regulations.

1) All lots shall abut upon a public street or other officially approved way for a frontage of at least 50 feet.

2) Only one principal structure shall be located, erected, or moved onto a lot, except as provided for in this ordinance. Unless otherwise dictated in a subdivision/condominium covenants, the principal structure shall have a minimum square footage footprint of 800 square feet, with a minimum total residence square footage of 1,000 square feet. Basements are not allowable square footage

3) No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

4) Width and area of all lots not served by a public sanitary sewage system or other approved system shall be sufficient to permit the use of a private on-site wastewater treatment system designed and approved in accordance with the Walworth County Sanitary Ordinance.

5) The width of all lots served by private on-site wastewater treatment system shall not be less than 150 feet and the area of all such lots shall not be less than 40,000 square feet per residential structure.

6) No primary structure or parking areas shall be located within 75 feet of the ordinary high water level of a navigable body of water.

7) All commercial and multifamily developments shall comply with the site plan requirements and procedures for the review and approval of site plan applications for multifamily and commercial developments as set forth in Section 27-163. Single and two-family homes are exempt from the requirements of this section.

Sec. 27-22. Fences and Retaining Walls

1) Fences and retaining walls are structures permitted in all districts on the property lines, except that all fences must comply with the traffic visibility requirements in Section 27-100 nor be closer than two feet to any public street right-of-way.

2) Fences and retaining walls shall not exceed a height of four feet in front yards and six feet in other yards, except as permitted herein.

3) Fences along freeways are permitted on the property lines but shall not exceed a height of ten feet.

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4) Entrance pillars may be permitted on either side of a driveway to the lot provided the pillars shall not be closer than two feet to any right-of-way, shall not exceed two feet in width, and shall not exceed six feet in height.

5) Security fences of an open type similar to woven wire or wrought iron, are permitted on the property lines in all districts, except residential and conservation districts, but shall not exceed ten feet in height.

6) Screening fences of a closed type may be permitted in all business and industrial districts provided the fence does not exceed 10 feet in height, and shall not be closer than 25 feet to any public street right of way and 10 feet to a property line.

Sec. 27-23. Temporary Living Quarters.

1) Temporary living quarters while constructing a new single family residence are permitted in any district that permits a single family residence as a principal use provided all of the following minimum requirements are met:

a) Approval is limited to 18 months or occupancy, whichever comes first with the removal of the temporary living quarters within 60 days of occupancy of the new single family residence.

b) Signed and notarized agreement to abate temporary quarters, on forms provided by the Zoning Administrator, to be recorded in the register of deeds office.

c) Shall be required to meet district setback requirements.

d) Shall have an issued zoning permit for the new single family residence.

e) Shall comply with well and sanitary regulations.

Sec. 27-24. Sanitary Regulations.

1) No private onsite wastewater treatment system or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without a sanitary permit and without full compliance with the county sanitary ordinance. Where public water supply systems are not available, private well construction shall be required to conform to Ch. NR 811 and 812, Wisconsin Administrative Code.

2) No zoning permit shall be issued until a safe and adequate water supply and sewage disposal system is assured and a sanitary permit is issued.

Sec. 27-25. Pet and Animal Regulations.

1) Household pets shall be permitted in all zoning districts provided that not more than three dogs or three cats are kept on any one premise, and provided further that no animals or pets are bred or reared on such premises for commercial purposes or sold there from. Notwithstanding the foregoing, however, offspring of permitted household pets may be kept and sold from the premises for a period of up to eight months.

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2) All animals other than household pets shall be permitted only in the agricultural, C-1 and C-2 conservation districts, park districts, and the B-5 business district.

3) Structures used for the housing of animals, other than household pets, must be located at least 100 feet from all property lines. Livestock structures for a livestock facility for fewer than 1,000 animal units shall be at least 100 feet from all property lines, wetland boundaries, and floodplain boundaries. Livestock structures for a livestock facility for 1,000 animal units or more shall be at least 200 feet from property lines, wetland boundaries, and floodplain boundaries and 150 feet from an access right-of-way.

Sec. 27-26. Minor Home Occupations/ Professional Home Offices.

1) A minor home occupation / professional home office shall include such uses as a home office, data processing, telephone answering, direct sale product distribution (Amway, Tupperware, Avon, Shaklee, etc.), dressmaking, sewing, tailoring, contractor sewing machine, jewelry making, typing/word processing, tutoring, music lessons, and computer programming.

2) A minor home occupation / professional home office shall be permitted in any residence provided all of the following minimum requirements are met:

a) Shall not exceed 25% floor area total.

b) Shall be incidental and secondary to the principal use of the residence.

c) No outside storage.

d) Shall be limited to the resident(s) of the parcel.

e) Shall be no employees on the parcel or employee vehicles except for resident and residents’ vehicles.

f) No on-site retail sales or display areas.

g) Deliveries – limited to typical residential deliveries.

h) Parking – sufficient on-premises parking to handle activity.

i) One business vehicle (pickup truck, truck, commercial trailer, cargo van with a Gross Vehicle Weight of 10,000 pounds or less is permitted on the parcel which is licensed as a truck and is used to transport property or equipment for business purposes.) For the purposes of this section, a commercial pickup truck is defined as any open or enclosed cargo bed truck commonly referred to as a mini, ½, ¾, or 1-ton pickup with no more than 6 rubber tires. A commercial cargo van truck is defined as any motor vehicle commonly referred to as mini-vans, cargo vans, commercial vans, or panel truck with no more than six rubber road tires.

j) Signage limited to 2 sq. ft. wall-mounted sign.

k) No use or storage of hazardous material or chemicals.

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l) No alterations to the dwelling necessary for the purpose of supporting the home occupation such as a second kitchen, special equipment, additional plumbing, additional cooling/heating, or additional furnishings that are not typical for residential use.

m) No exterior entryways separate from entryways to serve the dwelling shall be created and/or provided solely for the conduct of the home business.

n) More than one minor home occupation may operate in a residence provided the employee is a resident of the parcel and the total use is limited to 25% as if one.

Sec. 27-27. Outdoor Wood Furnaces.

1) Permitted by right: Outdoor wood furnaces are allowed in the A-1, A-2, A-3 districts subject to the following conditions. Prohibited in all other districts.

a) The following types of materials shall not be burned within an outdoor furnace: leaves, rubbish or garbage, waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code, asphalt and products containing asphalt, chemically-treated or painted wood, any plastic material, rubber and synthetic rubber-like products, any material treated with petroleum products or chemicals, and newspaper, corrugated cardboard, container board, paper, and other materials that must be recycled, except that such material may be used as a starter fuel.

b) An outdoor furnace shall comply with all applicable standards governing air quality and emissions as may be promulgated and amended by the United States Environmental Protection Agency and the Wisconsin Department of Natural Resources.

c) An outdoor furnace shall be certified by a recognized product testing company such as UL, CSA, or ETL.

d) An outdoor furnace shall be fitted with an electro-mechanical-draft combustion system.

e) An outdoor furnace shall be fitted with a secondary heat exchanger, also known as a two- pass heat exchanger.

f) An outdoor furnace shall have a child-proof locking device on the fire door or shall be in an enclosure with the access door having such a locking device.

g) There are no limitations on when during the year an outdoor furnace can be used.

h) An outdoor furnace shall not be placed closer than 50 feet to the property boundary line of the parcel on which it is located or within the building setback line. Furthermore, an outdoor furnace shall not be located in the front yard or in the street-side yard of a corner lot.

i) An outdoor furnace shall maintain separation to combustible materials, such as LP tanks, consistent with standards of the National Fire Protection Association.

j) Manufacturer operating instructions shall be followed except when in conflict with this section.

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k) An outdoor furnace shall be installed by a licensed contractor consistent with the manufacturer instructions except when in conflict with this section.

l) Stockpiles of burnable materials may be kept inside of a building or out of doors. If kept indoors, the building may not also house the outdoor furnace. If kept out of doors, the stockpiles shall be no closer than 25 feet to the property boundary line of the parcel on which it is located or within the building setback whichever is greater. Furthermore, if kept outdoors, the stockpiles shall not be located in the front yard or in the street-side yard of a corner lot.

m) If corn, or other similar food stuff, is burned within an outdoor furnace, it shall be stored in a vermin-proof container.

Sec. 27-28. Swimming Pools

1) Private Swimming Pools. No person shall construct, install, or enlarge a swimming pool not enclosed in a permanent building in the Village except in accordance with the regulations of this chapter.

2) Definition. The term private swimming pool is defined as A receptacle for water, or an artificial pool of water, having at any point of more than two feet depth, whether above or below the ground, used or intended to be used by the owner thereof, and his family and invited friends, for bathing or swimming, and includes all structures, appurtenances, equipment, appliances, and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool. Temporary pools less than 260 square feet in area and four feet in depth which are dismantled and removed for the winter are not regulated as swimming pools.

3) Permit. No person shall construct, install, enlarge or alter any private swimming pool unless permits have first been obtained from the Zoning Administrator and Building Inspector. Application shall be on forms provided by the Building Inspector and Zoning Administrator, and shall be accompanied by plans drawn to scale showing pool dimensions and volume of water in gallons; location and type of water waste disposal system; location of pool on lot and distance from lot lines; and except as provided in (5) herein, fencing and landscaping plan or a combination thereof.

4) Construction. Except as provided for in (5) herein, a private swimming pool shall be constructed in accordance with the following requirements:

a) The pool shall not be nearer than 10 feet to any residence or to an overhead electrical wire.

b) The pool must be completely fenced before filling with water, by a fence or wall not less than 4 feet in height, constructed of a minimum corrosion-resistant material, or enclosed wooden fence approved by the Building Inspector. All gates shall be

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equipped with self-closing and self-latching devices placed at the top of the gate. Fence posts shall be decay or corrosion resistant.

c) Above ground pools with self-providing fencing to prevent unguarded entry will be allowed without separate additional fencing provided the self-provided fence is of a minimum required height and design as heretofore specified. Permanent access from grade to above ground pools have stationary ladders, stairs, or ramps shall not have less than equal safeguard fencing and gates as are provided the pool proper.

d) No direct connection shall be made to the sanitary sewer or septic system.

e) Equipment shall be provided for the disinfection of all pool water. No gaseous chlorination shall be permitted.

f) There shall be an unobstructed concrete areaway around the entire pool of at least 3 feet on in-ground pools.

g) There shall be an unobstructed setback around the entire pool of at least 3 feet on above-ground pools.

h) Heating units, pumps, and filer equipment shall in no case be less than 20 feet from any property line and shall be adequately housed and muffled. Requirements for heating units shall be equal to those required for residential installation.

i) Both in-ground and above ground swimming pools must be setback a minimum of 10 feet from rear and side property lines. Swimming pools are not permitted in street yards in residential districts.

5) Exception to fence requirement. A conditional use permit maybe obtained by landowners intending to install an in ground pool on 5 acres or more. The Village Board shall consider the general safety of the area, including but not limited to the distance of the pool to the landowner’s lot line, other obstructions preventing access to the pool from children, the level of attractive nuisance the pool creates, and any other issues the Village Board deem relevant to safety before approval of the conditional use permit. This conditional use permit shall only exempt the owner from installing appropriate fencing if a solid pool cover that meets or exceeds the ASTM F1346-91, or as thereafter amended, is used.

VillageSec. 27-29. Reserved for Future Use.

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DIVISION 3. ZONING DISTRICTS

Sec. 27-30. Establishment.

For the purpose of this ordinance, the Village of Bloomfield, Walworth County, State of Wisconsin, is hereby divided into the following zoning districts, namely:

A-1 Farmland Preservation District

A-2 Agricultural Land District

A-3 Agricultural Land Holding District

Agricultural-Related Manufacturing, Warehousing, and Marketing District A-4

A-5 Agricultural-Rural Residential District

C-1 Lowland Resource Conservation District

C-2 Upland Resource Conservation District

C-3 Conservancy-Residential District

C-4 Wetland Resource Conservation District

P-1 Recreational Park District

P-2 Institutional Park District

R-1 Single-Family Residence District (Unsewered)

R-2 Single-Family Residence District (Sewered)

R-3 Two-Family Residence District (Sewered or Unsewered)

R-4 Multiple-Family Residence District (Sewered or Unsewered)

R-6 Planned Manufactured Home Residence District

B-1 Local Business District

B-2 General Business District

B-3 Waterfront Business District

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B-4 Highway Business District

B-5 Planned Commercial-Recreation Business District

M-1 Industrial District

M-2 Heavy Industrial District

M-3 Mineral Extraction District

M-4 Sanitary Landfill District

PUD Planned Unit Development District

Sec. 27-31. Zoning Map.

1) The boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, Village of Bloomfield, Walworth County, Wisconsin," which accompanies and is a part of this ordinance. Such boundaries shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad right-of-way, or such lines extended; and lines identifying boundaries of natural resource areas, as shown by changes in vegetation, slope, and other natural resource base features, unless otherwise noted on the zoning map. All notations, references, and other information shown upon the said zoning map shall be as much a part of this ordinance as if the matter and things set forth by the said map were fully described herein.

2) The official copy of the zoning map shall be adopted as part of this ordinance and shall be available to the public in the office of the Zoning Administrator.

3) The administrator shall from time to time update the zoning map as necessary to reflect changes in zoning district boundaries affected under Division 10 of this ordinance.

Sec. 27-32. A-1 Farmland Preservation District

1) Purpose. The purpose of this district shall be to promote an area for agricultural uses on the best quality agricultural land and to allow participation in the state’s farmland preservation program.

2) Permitted uses.

a) Agricultural uses as defined in Wis. Stats. §. 91.01(2).

b) Accessory uses, including farm residences.

c) Prior nonconforming uses, including prior nonconforming residential uses that were legally existing as of January 13, 2010 and additions to such uses provided the addition does not increase the extent of the nonconforming use.

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d) Transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

e) Undeveloped natural resource and open space areas.

3) Conditional uses

a) Agriculture-related uses that support and enhance agricultural uses within the district, do not impair or limit agricultural uses within the district, and do not unnecessarily convert cropland or prime farmland within the district.

b) Governmental, institutional, religious, or nonprofit community uses that qualify under Wis. Stats. § 91.46(5).

c) Nonfarm residences that qualify under Wis. Stats. § 91.46(2).

d) Nonfarm residential clusters that qualify under Wis. Stats. § 91.46(3)

e) Non-metallic mineral extraction that qualify under Wis. Stats. § 91.46(6).

f) Oil and gas exploration or production that is licensed by the Wisconsin Department of Natural Resources.

g) Transportation, communications, pipeline, electric transmission, utility, wind energy systems, or drainage uses that qualify under Wis. Stats. § 91.46 (4).

4) Area, Height, and Yard Requirements

a) Lot Area: Minimum 20 acres.

b) Lot Width: Minimum 300 feet.

c) Height Limitations:

i) Residential structures: 35 feet.

ii) Agricultural structures: Maximum two times their distance from the nearest lot lines.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 20 feet.

f) Rear Yard: Minimum 100 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

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5) Rezoning Land out of the A-1 Farmland Preservation Zoning District: Land may be rezoned out of the A-1 Farmland Preservation Zoning District if done in accordance with Wis. Stats. 91.48.

6) Definitions: The following definitions apply to this section.

a) Accessory Use: Has the meaning given in Wis. Stats. § 91.01(1).

b) Agricultural Use: Has the meaning given in Wis. Stats. § 91.01(2).

c) Agriculture-related use: A facility that is primarily devoted to supplying or servicing agricultural equipment, providing agricultural supplies, storing or processing agricultural products, or processing agricultural wastes. In addition, any use that the Wisconsin Department of Agriculture, Trade and Consumer Protection identifies by rule as an agriculture-related use.

d) Base Farm Tract: All land, whether on one parcel or two or more contiguous parcels, that is in the A-1 Farmland Preservation Zoning District and that is part of a single farm on January 13, 2010. In addition, any other tract that the Wisconsin Department of Agriculture, Trade and Consumer Protection by rule defines as a base farm tract.

e) Certified Farmland Preservation Plan: A farmland preservation plan that is certified as determined under Wis. Stats. § 91.12.

f) Certified Farmland Preservation Zoning Ordinance: A zoning ordinance that is certified as determined under Wis. Stats. § 91.32.

g) Farm: All land under common ownership that is primarily devoted to agricultural use. Land under common ownership that produced at least $6,000 in gross farm revenues in the previous year, or at least $18,000 in gross farm revenues in the preceding 3 years, is presumed to be “primarily devoted to agricultural use.”

h) Farm Acreage: The size of a farm in acres. For purposes of residential density calculations, “farm acreage” may also include open space parcels that are split from a farm if they contain no residential or other structures. “Farm acreage” does not include nonfarm residential acreage.

i) Farm Residence: Has the meaning given in Wis. Stats. § 91.01 (19).

j) Gross Farm Revenues: Has the meaning given in Wis. Stats. § 71.613 (1) (g).

k) Livestock: Means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.

l) Nonfarm Residence: Has the meaning given in Wis. Stats. § 91.01 (21).

m) Nonfarm Residential Acreage: The total number of acres of all parcels on which nonfarm residences are located. If a nonfarm residence is located on one of two or more adjoining parcels owned by the same person, the adjoining parcels are also considered “nonfarm residential acreage” unless clearly devoted to non-residential use other than open space use.

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n) Prime Farmland: An area with a class I or II land capability classification as identified by the Natural Resources Conservation Service of the U.S. Department of Agriculture or land that is identified as prime farmland in a certified farmland preservation plan.

o) Protected Farmland: Land that is located in a farmland preservation zoning district, is covered by a farmland preservation agreement, or is otherwise legally protected from nonagricultural development.

Sec. 27-33. A-2 Agricultural Land District.

1) Purpose. The primary purpose of the A-2 Agricultural Land District is to maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are not included within the A-1 Farmland Preservation District. The A-2 Agricultural Land District includes land suited for interim farming and smaller farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural-related farming activity.

2) Permitted Uses.

a) All uses permitted in the A-1 prime agricultural land district.

b) Single-family detached dwellings.

c) Minor home occupation / professional home office.

3) Conditional uses. (See Division 6)

a) Housing for farm laborers.

b) Housing for seasonal or migratory farm workers.

c) Commercial feed lots.

d) Animal hospitals, shelters and kennels.

e) Veterinarian services.

f) Commercial fur farms.

g) Commercial egg production.

h) Land restoration.

i) Ski hills.

j) Hunting and fishing clubs.

k) Recreation camp.

l) Commercial stables and retail sales related to the stable subject to Plan Commission review and approval.

m) Mobile homes for farm laborers.

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n) Business directory signs (exceeding two).

o) Sewage disposal plants.

p) Airports, airstrips, and landing fields.

q) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

r) Schools and churches.

s) Composting.

t) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

u) Home occupations.

v) More than one farm dwelling.

w) Bed and breakfast establishments.

x) Conservation development design (five or more dwelling units).

y) Planned unit developments

4) Area, height, and yard requirements

a) Lot Area: Minimum 20 acres.

b) Lot Width: Minimum 300 feet.

c) Building Height

i) Farm dwelling: Maximum 35 feet.

ii) Agricultural structures: Maximum two times their distance from the nearest lot lines

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 20 feet.

f) Rear Yard: Minimum 100 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

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Sec. 27-34. A-3 Agricultural Land Holding District.

1) Purpose. The primary purpose of the Agricultural Land Holding District is to preserve for a limited time period in agricultural and related open-space land uses those lands generally located adjacent to existing urban centers where urban expansion is planned.

2) Permitted uses. All uses permitted in the A-1 prime agricultural land district.

3) Conditional uses. (See Division 6)

a) Housing for farm laborers.

b) Housing for seasonal and migratory farm workers.

c) Livestock sales facilities.

d) Animal hospitals, shelters and kennels.

e) Commercial fur farms.

f) Commercial egg production.

g) Land restoration.

h) Ski hills.

i) Mobile homes for farm laborers.

j) Business directory signs (exceeding two).

k) Sewage disposal plants.

l) Airports, airstrips, and landing fields.

m) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, park and ride facilities.

n) Utilities.

o) Schools and churches.

p) Composting.

q) Home occupations.

r) More than one farm dwelling.

s) Bed and breakfast establishments.

t) Planned unit developments

4) Area, height, and yard requirements.

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a) Lot Area: Minimum 35 acres.

b) Lot Width: Minimum 300 feet.

c) Building Height:

i) Farm dwelling: Maximum 35 feet.

ii) Agricultural structures: Maximum two times their distance from the nearest lot lines.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 20 feet.

f) Rear Yard: Minimum 100 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

Sec. 27-35. A-4 Agricultural Related Manufacturing, Warehousing and Marketing District.

1) Purpose. The primary purpose of the A-4 Agricultural Related Manufacturing, Warehousing and Marketing District is to provide for the proper location and regulation of manufacturing, warehousing, storage, and related industrial and marketing activities that are dependent upon or closely allied to the agricultural district.

2) Permitted uses.

a) Fruit store.

b) Grape growing.

c) Production of sausages and other meat products providing that all operations be conducted within an enclosed building.

d) Vegetable store.

e) Veterinarian services.

3) Conditional uses. (See Division 6)

a) Contract sorting, grading and packaging services for fruits and vegetables.

b) Corn shelling, hay baling, and threshing services.

c) Bottling of spring water.

d) Grist mill services.

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e) Horticultural services. f) Poultry hatchery services. g) Production of animal and marine fat oils. h) Canning of fruits, vegetables, preserves, jams, and jellies. i) Canning of specialty foods j) Preparation of cereals. k) Production of natural and processed cheese. l) Production of chocolate and cocoa products. m) Coffee roasting and production of coffee products. n) Production of condensed and evaporated milk. o) Wet milling of corn. p) Cottonseed oil milling. q) Production of creamery butter. r) Drying and dehydrating fruits and vegetables. s) Preparation of feeds for animals and fowl. t) Production of flour and other grain mill products. u) Fluid milk processing. v) Production of frozen fruits, fruit juices, vegetables and other specialties. w) Malt production. x) Meat packing. y) Fruit and vegetable pickling, vegetable sauces and seasoning, and salad dressing preparation. z) Poultry and small game dressing and packing providing that all operations be conducted within enclosed buildings. aa) Milling of rice. bb) Production of shortening, table oils, margarine, and other edible fats and oils. cc) Milling of soy bean oil. dd) Milling of vegetable oil. ee) Sugar processing and production.

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ff) Production of wine, brandy, and brandy spirits.

gg) Livestock sales facilities.

hh) Grain elevators and bulk storage of feed grains.

ii) Fertilizer production, sales, storage, mixing, and blending.

jj) Sale or maintenance of farm implements and related equipment.

kk) Transportation-related activities primarily serving the basic agricultural industry.

ll) Living quarters for watchman or caretaker.

mm) Off-season storage facilities.

nn) Animal hospitals, shelters, and kennels.

oo) Land restoration.

pp) Sewage disposal plants.

qq) Airports, airstrips, and landing fields.

rr) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums, and park and ride facilities.

ss) Utilities.

tt) Schools and churches.

uu) Contractor’s storage yards.

vv) Production, packing, packaging, and light assembly of products from furs, glass, metals, papers, leather, plaster, plastics, textiles, and wood.

ww) Composting.

xx) Commercial greenhouse.

yy) Flea markets.

zz) Commercial stables.

aaa) Commercial stables with horse shows.

bbb) Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non- agricultural items is subject to detailed plan approval by the Plan Commission.

ccc) Planned unit developments

4) Area, height, and yard requirements.

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a) Lot Area: No minimum.

b) Lot Width: Minimum 70 feet.

c) Building Height

i) Farm dwelling: Maximum 35 feet.

ii) Agricultural structures: Maximum two times their distance from the nearest lot lines.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 75 feet.

f) Rear Yard: Minimum 75 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

Sec. 27-36. A-5 Agricultural-Rural Residential District.

1) Purpose. The purpose of the A-5 Agricultural-Rural Residential District is to provide for the proper location and regulation of rural residences in predominantly agricultural areas. As a matter of policy, it is intended that this district be applied solely to those rural lands that have marginal utility for agricultural use for reasons related to soils, topography, or severance from larger agricultural parcels.

2) Permitted uses.

a) Single-family dwellings.

b) Orchards.

c) Vegetable raising.

d) Plant nurseries.

e) Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction.

f) Greenhouses.

g) Roadside stands not exceeding one per farm.

h) Residential accessory structures.

i) Agricultural structures.

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j) Minor home occupations / professional offices

3) Conditional uses. (See Division 6)

a) Sewage disposal plants.

b) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

c) Utilities.

d) Schools and churches.

e) Home occupations.

f) Bed and breakfast establishments.

g) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: Minimum 40,000 square feet.

b) Lot Width: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 15 feet.

f) Rear Yard: Minimum 25 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

Sec. 27-37. C-1 Lowland Resource Conservation District.

1) Purpose: The primary purpose of the C-1 Lowland Resource Conservation District is to preserve, protect, and enhance the lakes, streams, and wetland areas in the Village of Bloomfield. The proper regulation of these areas will serve to maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; prohibit the location of structures on soils which are generally not suitable for such uses; protect natural watersheds; and protect the water-based recreational resources of the village.

2) Permitted uses. The following uses are permitted in this district provided that such do not involve dumping; filling; extension of cultivated areas; mineral, soil, or peat removal; or any other activity

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that would substantially disturb or impair the natural fauna, flora, water courses, water regimen, or topography.

a) Farming and related agricultural uses when conducted in accordance with the village's conservation standards, not including the erection of buildings or structures.

b) Boat landing sites.

c) Drainage.

d) Fish hatcheries.

e) Flood overflow and movement of water.

f) Forest and game management.

g) Hunting and fishing.

h) Impoundments.

i) Navigation.

j) Park and recreation areas, not including the location or erection of buildings or structures.

k) Stream bank protection.

l) Swimming beaches.

m) Wilderness areas and wildlife preservation and refuges.

n) Hiking and nature trails.

o) Wild crop harvesting.

3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Yachting clubs and marinas.

c) Hunting and fishing clubs.

d) Recreation camps.

e) Public and private campgrounds.

f) Sewage disposal plants.

g) Utilities.

4) Area, height, and yard requirements. None. No buildings or structures permitted.

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Sec. 27-38. C-2 Upland Resource Conservation District.

1) Purpose. The primary purpose of the C-2 Upland Resource Conservation District is to preserve, protect, enhance, and restore significant woodlands, related scenic areas, sub marginal farm lands, and abandoned mineral extraction lands within the village. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the village, while seeking to assure the preservation and protection of areas of significant topography, natural watersheds, ground and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the village, yet permit larger residential lots in these environmentally sensitive areas.

2) Permitted uses.

a) Single-family detached dwellings.

b) Forest preservation.

c) Forest and game management.

d) Parks and recreation areas; arboreta; botanical gardens.

e) Accessory uses.

f) Stables.

g) Residential accessory structures.

h) Agricultural structures.

i) Minor home occupations / professional offices.

3) Conditional uses. (See Division 6)

a) Animal hospitals, shelters, and kennels.

b) Land restoration.

c) Golf courses.

d) Ski hills.

e) Yachting clubs and marinas.

f) Hunting and fishing clubs.

g) Recreation camps.

h) Public or private campgrounds.

i) Commercial stables.

j) Sewage disposal plants.

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k) Utilities.

l) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, and park and ride facilities.

m) Bed and breakfast establishments.

n) Commercial arboretum (outside primary environmental corridors).

o) Commercial greenhouse (outside primary environmental corridor).

p) Home occupations.

q) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: Minimum 5 acres.

b) Lot Width: Minimum 300 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 20 feet.

f) Rear Yard: Minimum 100 feet.

g) Structures used for the housing of animals must be located at least 100 feet from all lot lines.

Sec. 27-39. C-3 Conservancy-Residential District.

1) Purpose. The primary purpose of the C-3 Conservancy-Residential District is the protection and preservation of environmentally significant uplands. It is intended that this district be applied to those upland environmental corridors which already have been divided into relatively small parcels or which, because of their proximity to urban areas, have a very high residential value potential. It is thus intended that this district recognize and attempt to balance man's need for shelter locations with his need to protect and restore the natural environment. Because of its residential character and smaller lot area minimum, farming and commercial recreation uses are not permitted.

2) Permitted uses.

a) Forest preservation.

b) Forest and game management.

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c) Single-family detached dwellings.

d) Accessory uses.

e) Residential accessory structures.

f) Minor home occupations / professional home offices.

3) Conditional uses. (See Division 6)

a) Animal hospitals, shelters, and kennels.

b) Planned residence developments.

c) Sewage disposal plants.

d) Utilities.

e) Governmental and cultural uses, such as fire stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums.

f) Bed and breakfast establishments.

g) Conservation development design (five or more dwelling units).

h) Home occupations.

i) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: Minimum 100,000 square feet.

b) Lot Width: Minimum 200 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 20 feet. In the case of no lot lines, minimum 20-foot dwelling separation.

f) Rear Yard: Minimum 50 feet.

Sec. 27-40. C-4 Wetland Resource Conservation District.

1) Purpose. The primary purpose of this district is to preserve, protect, and enhance the lakes, streams, and wetland areas in Walworth County. The proper regulation of these areas will serve to

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maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; prohibit the location of structures on soils which are generally not suitable for such use; protect natural watersheds; and protect the water-based recreational resources of the county.

2) Designation. The C-4 district includes all shorelands in the jurisdiction of this ordinance which are designated as wetlands on the Final Wisconsin Wetland Inventory Maps, dated June 27, 1983, that are hereby adopted and made a part of this ordinance.

3) Permitted uses. Permitted uses means the following uses are permitted, subject to shoreland zoning regulations of Walworth County, the provisions of Wis. Stats. Ch. 30 and 31, and the provisions of other state and federal laws, if applicable:

a) Activities and uses which do not require the issuance of a zoning permit but which must be carried on without filling, flooding, draining, dredging, ditching, tiling, or excavating.

b) Hiking, fishing, trapping, hunting, swimming, and boating.

c) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

d) The practice of silviculture, including the planting, thinning, and harvesting of timber.

e) The pasturing of livestock and the construction and maintenance of fences.

f) The cultivation of agricultural crops.

g) The construction and maintenance of duck blinds.

h) The construction and maintenance of piers, docks, and walkways, including those built on pilings.

i) The maintenance, repair, replacement, and reconstruction of existing village and county highways and bridges.

j) Uses which do not require the issuance of a zoning permit and which may involve filling, flooding, draining, dredging, ditching, tiling, or excavating to the extent specifically provided below:

i) Temporary water level stabilization measures, in the practice of silviculture, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

ii) Dike and dam construction and ditching for the purpose of growing and harvesting cranberries.

iii) Ditching, tiling, dredging, excavating, or filling done to maintain or repair existing agricultural drainage systems only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.

4) Conditional uses. Uses which are allowed upon the issuance of a land use permit or conditional use permit as specified under Division 6.

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a) The construction and maintenance of roads which are necessary to conduct silvicultural activities or are necessary for agricultural cultivation provided that:

i) The road cannot as a practical matter be located outside wetland;

ii) The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards;

iii) The road shall be designed and constructed as a single land roadway with only such depth and width necessary to accommodate the machinery required to conduct agricultural and silvicultural activities;

iv) Road construction activities are to be carried out in the immediate area of the roadbed only;

v) Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the road. b) The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that:

i) Any such building does not exceed 500 square feet in floor area;

ii) No filling, flooding, draining, dredging, tiling, or excavating be done;

iii) The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education area, historic and scientific area, wildlife refuges, game preserves, and private wildlife habitat areas, provided that:

iv) Any private recreation or wildlife habitat area must be used exclusively for that purpose;

v) No filling is to be done except limited filling which is necessary for the development of a boat access site;

vi) Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat or to otherwise enhance wetland values. c) The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to their members provided that:

i) The transmission and distribution lines and related facilities cannot as a practical matter be located outside the wetland; and

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ii) Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.

d) The construction and maintenance of railroad lines provided that:

i) The railroad lines cannot as a practical matter be located outside the wetland;

5) Prohibited uses. Any use not listed in this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with Wis. Stats. § 59.69(5)(e), NR Ch. 115, Wisconsin Administrative Code, and the amendment procedures of this ordinance.

6) Establishment. When an apparent discrepancy exists between the shoreland-wetland district shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate field office of the Wisconsin Department of Natural Resources to determine if the shoreland-wetland district as mapped is in error. If the Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official zoning map, the Zoning Administrator shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period of time.

Sec. 27-41. P-1 Recreational Park District.

1) Purpose: The purpose of the P-1 Recreational Park District is to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met without undue disturbance of natural resources and adjacent uses.

2) Permitted uses.

a) Parks, general recreation.

b) Parks, leisure and ornamental.

c) Forest preserves.

d) Boat rentals and boat access sites.

e) Golf courses and country clubs.

f) Gymnasiums and athletic clubs.

g) Ice skating rink.

h) Picnic grounds.

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i) Playfields and athletic fields.

j) Playgrounds.

k) Play lots and tot lots.

l) Recreational access ways.

m) Forest and game management.

3) Conditional uses. (See Division 6.)

a) Golf courses and country clubs.

b) Ski hills.

c) Yachting clubs and marinas.

d) Hunting and fishing clubs.

e) Recreation camps.

f) Public or private campgrounds.

g) Cultural activities.

h) Amusement activities.

i) Public assembly uses.

j) Archery ranges.

k) Golf driving ranges.

l) Firearm ranges, skeet trap, and rifle.

m) Sports fields.

n) Roller skating rinks.

o) Sewage disposal plants.

p) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums, and park and ride facilities.

q) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

r) Schools and churches.

s) Recycling centers.

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t) Composting.

u) Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

v) Land restoration.

w) Caretaker's quarters.

x) Commercial stables with horse shows.

y) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: No minimum.

b) Building Height: Maximum 35 feet.

c) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

d) Side Yard: Minimum 50 feet.

e) Rear Yard: Minimum 50 feet.

Sec. 27-42. P-2 Institutional District.

1) Purpose. The purpose of the P-2 Institutional District is to provide for areas for institutional uses, such as schools, health care facilities, and places of religious worship or assembly.

2) Permitted uses.

a) Churches, synagogues, and temples.

b) Rectories and convents.

c) College dormitories.

d) Hospitals.

e) Monasteries.

f) Nursing dormitories

g) Nursing homes.

h) Nursery schools and day care centers.

i) Orphanages.

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j) Retirement homes.

k) Schools, including universities, colleges, and technical schools

l) Lodges and fraternal buildings.

m) Village halls, village garage, police and fire stations.

n) Golf courses.

3) Conditional uses. (See Division 6)

a) Golf course country clubs.

b) Ski hills.

c) Yachting clubs and marinas.

d) Recreation camps.

e) Public or private campgrounds.

f) Cultural activities.

g) Public assembly uses.

h) Commercial stables.

i) Archery ranges.

j) Golf driving ranges.

k) Firearm ranges, skeet, trap, and rifle.

l) Sports fields.

m) Polo fields.

n) Sewage disposal plants.

o) Airports, airstrips, landing fields, and heliports.

p) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

q) Governmental and cultural uses such as community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

r) Penal and correctional institutions.

s) Cemeteries, and crematories.

t) Recycling centers.

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u) Composting.

v) Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

w) Land restoration.

x) Commercial stables with horse shows.

y) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: 10,000 square feet.

b) Lot width: Minimum 100 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 25 feet.

f) Rear Yard: Minimum 25 feet.

Sec. 27-43. R-1 Single-Family Residence District (unsewered).

1) Purpose. The purpose of the R-1 Single-Family Residence District (unsewered) is to provide regulations and locations for low density single-family development.

2) Permitted uses.

a) Single-family detached dwellings on lots not served by public sanitary sewer.

b) Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of this ordinance.

c) Residential accessory structures.

d) Minor home occupations / professional offices.

3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Home occupations

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c) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

d) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

e) Schools and churches.

f) Bed and breakfast establishments.

g) Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

h) Conservation development design (five or more dwelling units).

i) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: 40,000 square feet.

b) Lot Width: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 15 feet.

f) Rear Yard: Minimum 25 feet.

Sec. 27-44. R-2 Single-Family Residence District (sewered).

1) Purpose. The purpose of the R-2 Single-Family Residence District is to provide regulations and locations for low density single-family development on public sanitary sewers.

2) Permitted uses.

a) Single-family detached dwellings on lots served by public sanitary sewers.

b) Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction.

c) Residential accessory structures.

d) Minor home occupations / professional home offices.

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3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Home occupations.

c) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

d) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

e) Schools and churches.

f) Bed and breakfast establishments.

g) Model single-family residences, model single-family condominiums, and related temporary real estate sales office located within the model unit.

h) Conservation development design (five or more dwelling units).

i) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: Minimum 15,000 square feet.

b) Lot Width: Minimum 100 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet.

f) Rear Yard: Minimum 25 feet.

Sec. 27-45. R-2A Single-Family Residence District (sewered).

1) Purpose. The primary purpose of the R-2A Single-Family Residence District is to provide regulations and locations for larger residential sewered lots in environmentally sensitive areas. Such environmentally sensitive areas may include, but not be limited to, environmental corridors, shoreland areas, and significant woodlands.

2) Permitted uses.

a) Single-family detached dwellings on lots served by public sanitary sewers.

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c) Residential accessory structures.

d) Minor home occupations / professional home offices

3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Home occupations.

c) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

d) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

e) Schools and churches.

f) Bed and breakfast establishments.

g) Model single-family residences, model single-family condominiums, and related temporary real estate sales office located within the model unit.

h) Conservation development design (five or more dwelling units).

i) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: Minimum 40,000 square feet.

b) Lot Width: Minimum 100 feet.

c) Building Height: Maximum 35 feet

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet.

f) Rear Yard: Minimum 25 feet.

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Sec. 27-46. R-3 Two-Family Residence District (sewered or unsewered).

1) Purpose. The purpose of the R-3 Two-Family Residence District (sewered or unsewered) is to provide regulations and locations for single-family and two-family development.

2) Permitted uses.

a) Single-family detached dwellings.

b) Two-family dwellings (duplex).

c) Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of this ordinance.

d) Residential accessory structures.

e) Minor home occupations / professional home offices.

3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Home occupations.

c) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

d) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

e) Schools and churches.

f) Model single-family residences, model single-family condominiums, and related temporary real estate sales office located within the model unit.

g) Model two-family homes and model two-family condominiums, and related temporary real estate sales office located within the model unit.

h) Conservation development design (five or more dwelling units).

i) Planned unit developments

4) Area, height, and yard requirements.

a) Lot Area: 15,000 square feet.

b) Lot Width: Minimum 100 feet.

c) Building Height: Maximum 35 feet.

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d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet

f) Rear Yard: Minimum 25 feet.

Sec. 27-47. R-4 Multiple-Family Residence District (sewered or unsewered).

1) Purpose: The purpose of the R-4 Multiple-Family Residence District is to provide regulations and locations for multiple-family residential development

2) Permitted uses.

a) Single-family dwellings.

b) Two-family dwellings.

c) Multiple-family dwellings.

d) Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction.

e) Residential accessory structures

3) Conditional uses. (See Division 6)

a) Golf courses and country clubs.

b) Lodges and fraternal buildings.

c) Nursery schools and day care centers.

d) Retirement homes.

e) Home occupations.

f) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

g) Schools and churches.

h) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

i) Model apartments, model condominiums, and related temporary real estate sales office located within the model unit.

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j) Model single-family residences, model single-family condominiums, and related temporary real estate sales office located within the model unit.

k) Model two-family homes and model two-family condominiums, and related temporary real estate sales office located within the model unit.

l) Planned unit developments

4) Area, height, and yard requirements.

a) Maximum Density (sewered):

i) Sewered: Six dwelling units per net developable acre.

ii) Unsewered: Four dwelling units per net developable acre

b) Lot Area:

i) Sewered: 15,000 square feet.

ii) Unsewered: 40,000 square feet

c) Lot Width: 100 feet.

d) Building Height: Maximum 35 feet.

e) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

f) Side Yard: Minimum 10 feet.

g) Rear Yard: Minimum 25 feet.

h) Minimum required open space: 20 percent of the total development area. Such required open space land may be placed in more than one location within the development area.

Sec. 27-48. R-6 Planned Manufactured Home Residence District.

1) Purpose. The R-6 district is intended to generally provide for planned mobile home, modular home and manufactured home developments in comprehensively planned setting.

2) Permitted uses.

a) Mobile, manufactured and modular homes.

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c) Residential accessory structures.

d) Minor home occupation / professional home office.

3) Conditional uses. (See Division 6)

a) Accessory buildings for the purpose of providing laundry and recreational facilities and for the sale of convenience food and related items primarily for and to mobile home residents.

b) Golf courses and country clubs.

c) Home occupations.

d) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

e) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

f) Schools and churches.

g) Model manufactured home and related temporary real estate sales office located within the model unit.

h) Single-family detached dwellings:

i) Commercial establishments allowed in the B-1 Local Business District that serve primarily residents of the development.

j) Planned unit developments

4) Area, height, and yard requirements.

a) Development Site Requirements

i) Site Development Density: Maximum five dwelling units per net developable acre.

ii) Site Area: Minimum 10 acres.

iii) Site Width: Minimum 450 feet.

iv) Site Side Yard: Minimum 40 feet

v) Site Rear Yard: Minimum 40 feet

vi) Site Street Yard:

(1) Subdivision road: Minimum 25 feet.

(2) Other roads: Minimum 40 feet.

vii) Structure Height: Maximum 35 feet.

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viii) Minimum open space requirement, exclusive of interior manufactured home unit lots: 20 percent. Land used for accessory recreation facilities used in common by park residents, such as a recreation room or swimming pool, may count as open space.

b) Interior Manufactured Home Lot Requirements

i) Interior Site Area Per Manufactured Home Unit: Minimum 6,950 square feet

ii) Interior Site Width: Minimum 50 feet

iii) Interior Manufactured Home Unit Separation

(1) Side Separation: Minimum 15 feet.

(2) Rear Separation: Minimum 25 feet.

iv) Interior Manufactured Home Street Separation: Minimum 20 feet setback from interior public or private streets or drives

v) Structure Height: Maximum 35 feet.

5) Guidelines for manufactured home developments. In reviewing applications for manufactured home developments the Zoning Administrator, Plan Commission, and Village Board shall use the Manufactured Housing Site Development Guide (PAS 445) published by the American Planning Association – Planning Advisory Service as a general guideline for development.

Sec. 27-49. B-1 Local Business District.

1) Purpose. The purpose of the B-1 Local Business District is to provide regulations and locations for retail and customer service establishments typically found in a localized community center or downvillage.

2) Permitted uses. The following uses are permitted provided that they shall be retail establishments selling and storing primarily new merchandise.

a) Bakeries.

b) Beauty shops.

c) Clinics.

d) Delicatessens.

e) Fish markets.

f) Fruit stores.

g) Grocery stores.

h) Hobby shops.

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i) Meat markets.

j) Restaurants not licensed to sell alcoholic beverages.

k) Sporting goods stores.

l) Tobacco stores.

m) Antique shops.

n) Barber shops.

o) Business offices.

p) Clothing and apparel stores.

q) Confectioneries.

r) Drug stores.

s) Florists.

t) Gift stores.

u) Hardware stores.

v) Optical stores.

w) Professional offices.

x) Self-service and pickup laundry and dry cleaning establishments.

y) Supermarkets.

z) Vegetable stores.

aa) Library

bb) Museum

cc) One residential unit when located within the principal business structure.

3) Conditional uses. (See Division 6)

a) Restaurants, bars, taverns, clubs, and stores licensed to sell alcoholic beverages

b) Off-season storage facilities.

c) Bed and breakfasts.

d) Lodges and fraternal buildings and similar clubs.

e) Nursing homes.

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f) Nursery and day care centers.

g) Retirement homes.

h) Vehicle sales and services.

i) Public parking lots.

j) Taxi stands.

k) Sewage disposal plants.

l) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds, and park and ride facilities.

m) Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park, and industrial.

n) Schools and churches.

o) Car washes.

p) Gasoline service stations provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right-of-way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right-of-way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

q) Outside storage of goods for sale, supplies and equipment.

r) Planned unit developments.

s) Packaged beverage stores.

4) Area, height, and yard requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum: 40,000 square feet.

b) Lot width:

i) Sewered: Minimum 75 feet.

ii) Unsewered: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

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i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet.

f) Rear Yard: Minimum 30 feet.

Sec. 27-50. B-2 General Business District.

1) Purpose. The purpose of the B-2 General Business District is to provide regulations and locations for retail stores, services, and trades of a more general nature normally serving a larger trade area.

2) Permitted uses.

a) All uses permitted in the B-1Local Business District.

b) Appliance stores.

c) Caterers.

d) Clothing repair shops.

e) Crockery stores.

f) Department stores.

g) Electrical supply.

h) Financial institutions.

i) Food lockers.

j) Furniture stores.

k) Furniture upholstery shops.

l) Heating supply.

m) Hotels and motels.

n) Laundry and dry cleaning establishments employing not over seven persons.

o) Library.

p) Museum.

q) Music stores.

r) Newspaper office and press rooms.

s) Office supplies.

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t) Pawn shops.

u) Personal service establishments.

v) Pet shops.

w) Photographic supplies.

x) Plumbing supplies.

y) Printing.

z) Private clubs.

aa) Private schools.

bb) Publishing.

cc) Radio broadcasting studios.

dd) Restaurants not licensed to sell alcoholic beverages.

ee) Second-hand stores.

ff) Television broadcasting studios.

gg) Trade and contractor's office.

hh) Upholstery shops.

ii) Boat and marine supplies not including manufacturing.

3) Conditional uses. (See Division 6)

a) Animal hospitals, shelters, and kennels.

b) Bed and breakfasts.

c) Public assembly uses.

d) Commercial recreational facilities.

e) Off-season storage facilities.

f) Liquor stores, bars, taverns, cocktail lounges.

g) Lodges and fraternal buildings.

h) Night clubs and dance halls.

i) Nursing homes.

j) Nursery and day care centers.

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k) Restaurants, bars, taverns, clubs, and stores licensed to sell alcoholic beverages l) Retirement homes. m) Drive-in theaters. n) Funeral homes. o) Drive-in banks. p) Drive-in food and beverage establishments q) Vehicle sales and services. r) Public parking lots. s) Public passenger transportation terminals. t) Sewage disposal plants. u) Building contractors’ storage yards. v) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, park and ride facilities. w) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial. x) Heliports. y) Schools and churches. z) Hospitals, sanitariums, religious, charitable, penal and correctional institutions, cemeteries, and crematories. aa) Packing, packaging, and light assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles, and wood. bb) Tanning studios. cc) Small engine repair shops. dd) Flea markets. ee) Tattoo parlors. ff) Car wash. gg) Gasoline service stations provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right-of-way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right-of-way.

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Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

hh) Outside storage of good for sale, supplies and equipment.

ii) Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning district, (R-1, R-2, R-2A, R-3, R-4, R-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

jj) Planned unit developments

4) Area, height, and yard requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum: 40,000 square feet.

b) Lot width:

i) Sewered: Minimum 75 feet.

ii) Unsewered: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet.

f) Rear Yard: Minimum 30 feet.

Sec. 27-51. B-3 Waterfront Business District.

1) Purpose. The purpose of the B-3 Waterfront Business District is intended to provide regulations for the orderly and appropriate development of diverse retail and customer service establishments on waterfront property.

2) Permitted uses.

a) Bakery.

b) Boat rental and boat access (10 or less boats).

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c) Boat Liveries (10 or less boats). d) Clothing and apparel store. e) Clothing repair shop. f) Confectioneries, retail sales. g) Delicatessen. h) Fish market. i) Florist. j) Fruit store. k) Fur apparel, retail sales. l) Furniture upholstery shop. m) Furniture store. n) Gift store. o) Grocery store. p) Hardware store. q) Library. r) Meat market (retail sales – no slaughtering). s) Museum. t) Music store. u) Office supply store. v) Offices, professional. w) Office, business. x) Office, trade/contractor. y) Restaurants not licensed to sell alcoholic beverages. z) Second-hand store. aa) Sporting goods store. bb) Supermarkets. cc) Tanning salon.

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dd) Tobacco store.

ee) Vegetable store.

3) Conditional uses. (See Division 6)

a) Conditional uses permitted in the B-1 and B-2 districts.

b) Bed and breakfasts.

c) Boat rental and boat access sites.

d) Boats and marine supplies.

e) Bowling alleys.

f) Hotels, motels, and tourist courts.

g) Bait shops.

h) Skating rinks.

i) Swimming beaches and pools.

j) Restaurants, bars, taverns, clubs, and stores licensed to sell alcoholic beverages

k) Yachting clubs and marinas.

l) Bath houses.

m) Boat liveries.

n) Dance halls.

o) One residential dwelling unit when located within the principal business structure.

p) Public assembly uses.

q) Commercial recreational facilities.

r) Off-season storage facilities.

s) Lodges and fraternal buildings.

t) Nursing homes.

u) Nursery and day care centers.

v) Retirement homes.

w) Drive-in food and beverage establishments.

x) Vehicle sales and services.

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y) Public parking lots.

z) Public passenger transportation terminals

aa) Sewage disposal plants.

bb) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

cc) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

dd) Schools and churches.

ee) Gasoline service stations provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right-of-way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right-of-way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

ff) Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-6, A-5, C-3, B-5,), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

gg) Planned unit developments

4) Area, Height, and Yard Requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum: 40,000 square feet.

b) Lot width:

i) Sewered: Minimum 75 feet.

ii) Unsewered: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

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ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 10 feet.

f) Rear Yard: Minimum 30 feet.

Sec. 27-52. B-4 Highway Business District.

1) Purpose. The purpose of the B-4 Highway Business District is to provide regulations for the orderly and appropriate development of retail and customer service establishments along arterial streets and highways.

2) Permitted Uses.

a) The following uses are allowed as permitted uses providing there is no outside storage of goods for sale, supplies, or equipment. Businesses with outside storage areas require conditional use permits.

b) Bait Shop.

c) Bakery.

d) Beauty Shop.

e) Candy, nut, and confectionary store.

f) Caterer.

g) Clothing and apparel store.

h) Clothing repair shop.

i) Crockery store.

j) Delicatessen.

k) Dwelling unit when located within the principal business structure.

l) Electrical supply store with no outside storage.

m) Fish market.

n) Florist.

o) Food Lockers.

p) Fruit store.

q) Fur apparel, retail sales.

r) Furniture upholstery shop.

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s) Furniture store. t) Gift store. u) Greenhouses, commercial. v) Grocery store. w) Hardware store. x) Heating supply. y) Hobby shop. z) Laundry and dry cleaning. aa) Library. bb) Meat market (retail sales – no slaughtering). cc) Museum. dd) Music store. ee) Office supply store. ff) Offices, professional. gg) Offices, business. hh) Offices, trade/contractors. ii) Optical store. jj) Photographic store. kk) Plumbing store with no outside storage. ll) Restaurants not licensed to sell alcoholic beverages. mm) Second-hand store with no outside storage. nn) Sporting goods store. oo) Supermarket. pp) Tanning salon. qq) Tires, batteries, and accessory store with no outside storage. rr) Tobacco store. ss) Upholstery store.

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tt) Variety store.

uu) Vegetable store.

3) Conditional uses. (See Division 6)

a) Conditional uses permitted in the B-1 and B-2 Districts.

b) All businesses requiring outside storage of goods for sale, supplies, or equipment.

c) Automobile and truck retail sales and service.

d) Restaurants, bars, taverns, clubs, and stores licensed to sell alcoholic beverages.

e) Bed and breakfasts.

f) Gasoline service stations provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right-of-way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right-of-way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

g) Hotels, motels, and tourist courts.

h) Night clubs and dance halls.

i) Service and installation of tires, batteries, and accessories with outside storage.

j) One residential dwelling unit when located within the principal business structure.

k) Animal hospital, shelters, and kennels.

l) Yachting clubs and marinas.

m) Public assembly uses.

n) Commercial recreation facilities.

o) Off-season storage facilities.

p) Lodges and fraternal buildings.

q) Nursing homes.

r) Nursery and day care centers.

s) Retirement homes.

t) Drive-in food and beverage establishments.

u) Drive-in banks.

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v) Vehicle sales and services.

w) Public parking lots.

x) Public passenger terminals.

y) Sewage disposal plants.

z) Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

aa) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

bb) Schools and churches.

cc) Commercial arboretum.

dd) Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure or residential zoning districts (R-1, R-2, R-2A, R-3, R- 4, R-6, A-5, C-3, B-5), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

ee) Planned unit developments

4) Area, height, and yard requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum: 40,000 square feet.

b) Lot width:

i) Sewered: Minimum 75 feet.

ii) Unsewered: Minimum 150 feet.

c) Building Height: Maximum 35 feet

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 40 feet.

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f) Rear Yard: Minimum 40 feet.

Sec. 27-53. B-5 Planned Commercial Recreational Business District.

1) Purpose. The purpose of the B-5 Planned Commercial Recreational Business District is to provide regulations and locations for planned basis major commercial-recreation development projects, including recreation-related residential land uses. Such planned development projects are likely to include a large number of different individual land uses that are needed to carry on and support the primary commercial-recreational venture.

2) Permitted uses.

a. Golf courses and related facilities.

3) Conditional uses. (See Division 6)

a) Aircraft landing and takeoff fields.

b) Amusement parks and miniature golf courses.

c) Bed and Breakfasts.

d) Boat rentals and boat access sites.

e) Planned campground developments.

f) Dance halls.

g) Restaurants, bars, taverns, clubs, and stores licensed to sell alcoholic beverages.

h) Drive-in movies.

i) Dude ranches.

j) Fairgrounds.

k) Health and recreational resorts, including the following uses which may be permitted as a part of the resort complex provided that either in combination or individually they do not occupy more than 25 percent of the total floor area of the principal resort buildings.

i) Retail uses allowed in the B-2 General Business District

ii) Personal services allowed in the B-2 General Business District

l) Go-cart tracks.

m) Hotels and motels.

n) Penny arcades.

o) Race tracks.

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p) Commercial stables. q) Roller skating rinks. r) Skiing and tobogganing. s) Snowmobile trails. t) Swimming beaches. u) Skeet trap and rifle ranges. v) Single-family and multiple-family dwelling units when located on the same site with health or recreational resorts provided, however, that the transfer of ownership of any dwelling units may only include therewith a fractional interest in the site on which the dwelling unit is located, and such transfer shall not result in a subdivision or minor subdivision as defined under the Village of Bloomfield Land Division Ordinance. Any permitted dwelling units may be used either for the accommodation of transient guests or exclusively for living quarters for one family. w) Animal hospitals, shelters, and kennels. x) Yachting clubs and marinas. y) Public or private campgrounds. z) Cultural activities. aa) Amusement activities. bb) Public assembly uses. cc) Archery ranges. dd) Golf driving ranges and golf courses ee) Firearm ranges. ff) Sports fields. gg) Polo fields. hh) Skating rinks. ii) Commercial recreational facilities. jj) Off-season storage facilities. kk) Lodges and fraternal buildings. ll) Nursing homes. mm) Nursery and day care centers.

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nn) Retirement homes.

oo) Drive-in theaters.

pp) Vehicle sales and services.

qq) Public parking lots.

rr) Taxi stands.

ss) Sewage disposal plants.

tt) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

uu) Airports, airstrips, landing fields, and heliports.

vv) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

ww) Schools and churches.

xx) Commercial water slides.

yy) Retail sales and customer services ancillary to the primary use of the property.

zz) Planned unit developments

4) Area, height, and yard requirements

a) Development density: No planned development approved as a conditional use in the B-5 zone may, with respect to that area exclusively devoted to residential land uses, exceed ten dwelling units per net developable acre.

b) Lot area: Minimum 5 acres.

c) Lot width: Minimum 500 feet

d) Building Height: Maximum 35 feet.

e) Street Yard (total site)

i) Total site: Minimum 75 feet.

ii) Interior lot: Minimum 25 feet.

f) Side Yard:

i) Total site: Minimum 75 feet.

ii) Interior lot: Minimum 15 feet.

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g) Rear Yard: Minimum 40 feet.

i) Total site: Minimum 75 feet.

ii) Interior lot: Minimum 40 feet.

h) Open Space Requirement: Minimum 70 % of total lot area.

Sec. 27-54. M-1 Industrial District.

1) Purpose. The M-1 Industrial District is intended to provide for manufacturing, industrial, and related uses.

2) Permitted uses.

a) Automotive upholstery.

b) Cleaning, pressing, and dying.

c) Commercial bakeries.

d) Commercial greenhouses.

e) Distributors.

f) Food locker plants.

g) Printing.

h) Publishing.

i) Trade and contractors’ offices.

j) Warehousing.

k) Wholesaling.

l) Retail sales and service facilities, such as retail outlet stores, surplus goods stores, and restaurants and food service facilities, when established in conjunction with a permitted manufacturing or processing facility.

m) Manufacture, fabrication, processing or packaging of food but not including, because of noxious odors, cabbage, fish and fish products, meat and meat products, pea vining, and commercial egg production.

3) Conditional uses. (See Division 6)

a) Living quarters for watchman or caretaker.

b) Farm machinery plants.

c) Machine shops.

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d) Painting.

e) Manufacture, fabrication, packing, packaging, and assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles, and wood.

f) Automotive body repairs.

g) Laboratories.

h) Manufacture and bottling of nonalcoholic beverages.

i) Storage and sale of machinery and equipment.

j) Manufacture, fabrication, processing, packaging, and packing of confections; cosmetics; electrical appliances; electronic devices; instruments; jewelry; pharmaceutical; tobacco; and toiletries.

k) Sewage disposal plants.

l) Commercial service facility such as restaurants and fueling stations

m) Building contractor’s storage yard.

n) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

o) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

p) Recycling centers.

q) Composting.

r) Garbage dumpster rental.

s) Off-season storage facilities.

t) Planned unit developments

4) Area, height, and yard requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum 40,000 square feet.

b) Lot width: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

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i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 30 feet, except 50 feet when abutting a residential district.

f) Rear Yard: Minimum 30 feet, except 50 feet when abutting a residential district.

Sec. 27-55. M-2 Heavy Industrial District.

1) Purpose. The M-2 Heavy Industrial District is intended to provide regulations for more intense manufacturing and industrial development.

2) Permitted Uses.

a) All uses permitted in the M-1 Industrial District.

b) Freight yards, terminals, and transshipment depots.

c) Inside storage.

d) Breweries.

3) Conditional Uses. (See Division 6)

a) Living quarters for watchman or caretaker.

b) Crematories.

c) All conditional uses in the M-1 Industrial District.

d) Pea vineries.

e) Creameries.

f) Condenseries.

g) Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish.

h) Manufacture, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar, and yeast.

i) Manufacture and bottling of alcoholic beverages.

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j) Bag cleaning, bleacheries, canneries, cold storage warehouses, electric and steam generating plants, electroplating, enameling, forges, foundries, garbage, incinerators, lacquering, lithographing, offal, rubbish, or animal reduction, oil, coal, and bone distillations, refineries, road test facilities, slaughterhouses, smelting, stockyards, tanneries, and weaving.

k) Outside storage and manufacturing areas.

l) Wrecking, junk, demolition, automobile salvage yards, and scrap yards.

m) Commercial service facilities.

n) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

o) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

p) Recycling centers.

q) Composting.

r) Off-season storage facilities.

s) Planned unit developments

4) Area, height and yard requirements.

a) Lot area:

i) Sewered: Minimum 7,500 square feet.

ii) Unsewered: Minimum: 40,000 square feet.

b) Lot width: Minimum 150 feet.

c) Building Height: Maximum 35 feet.

d) Street Yard:

i) Subdivision road: Minimum 25 feet.

ii) Other roads: Minimum 40 feet.

e) Side Yard: Minimum 30 feet, except 50 feet when abutting a residential district.

f) Rear Yard: Minimum 30 feet, except 50 feet when abutting a residential district.

Sec. 27-56. M-3 Mineral Extraction District.

1) Purpose. The purpose of the M-3 Mineral Extraction District is to provide regulations for mineral extraction sites.

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2) Permitted uses.

a) Parks and open spaces

3) Conditional uses. (See Division 6)

a) Aggregate or ready-mix plant.

b) Clay, ceramic, and refractor minerals mining.

c) Crushed and broken stone quarrying.

d) Mixing of asphalt.

e) Nonmetallic mining services.

f) Processing of top soil.

g) Sand and gravel quarrying.

h) Washing, refining, or processing of rock, slate, gravel, sand or minerals.

i) The extension of any existing mineral extraction related uses.

j) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds, museums, and park and ride facilities.

k) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

l) Recycling centers.

m) Composting.

4) Yard requirements. All excavations shall be at least 200 feet from the right-of-way of any public or approved private street or property line. The Plan Commission may vary this requirement for shallow clay barrow excavation when the excavation and backfilling is conducted in a continuous phase and the barrow material is replaced on site for the re-establishment of the original grade after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall the setback requirement be reduced to less than 2 1/2 times the proposed maximum depth. All accessories, such as offices, parking areas, and stock piles, shall be at least 100 feet from any right-of-way or property line.

5) Applicable State and County Regulations. Any mineral extraction operation must be in full compliance with applicable Walworth County and State of Wisconsin regulations.

Sec. 27-57. M-4 Sanitary Landfill District.

1) Purpose. The purpose of the M-4 Sanitary Landfill District is to provide regulations for solid waste management sites and associated facilities.

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2) Permitted uses.

a) Parks and open spaces

3) Conditional uses. (See Division 6)

a) Sanitary landfill operations.

b) Incinerators.

c) Sewage disposal plants.

d) Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial.

e) Recycling centers.

f) Composting.

g) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds, museums, and park and ride facilities.

h) Contaminated soil reclamation.

4) Yard requirements.

a) All operations shall be at least 200 feet from the right-of-way of any public or approved private street or property line.

Sec. 27-58. Shoreland Regulations.

In addition to any applicable use, site, or sanitary regulations, the following restrictions and regulations apply to:

All unincorporated land lying within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the Village of Bloomfield shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication “Surface Water Resources of Walworth County” or are shown on the United States geological survey quadrangle maps or other zoning base maps. All unincorporated lands lying within 300 feet of the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever is greater. Rivers and streams in the Village of Bloomfield shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps referenced in section 27-31 of the Village of Bloomfield’s zoning ordinance. If evidence to the contrary is presented; the Village Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under laws of this state. The Village zoning administrator shall contact the appropriate district DNR office for a determination of navigability or ordinary high-water mark. Flood hazard boundary maps, or flood insurance study maps (or soil maps or other existing Village maps used to delineate floodplain areas which have been

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adopted by the Village of Bloomfield) shall be used to determine the extent of the floodplain of rivers or streams in the Village of Bloomfield.

Vegetation removal and earth movements shall be conducted in accordance with the Village’s conservation standards and shall require a Village approved conservation plan and permit, subject to the dimensional requirements listed below. The Village’s conservation standards are technical standards adopted by the Planning and Zoning Commission and include the Wisconsin Field Office Technical Guide, Section IV, Conservation Standards and Construction Standards, the Wisconsin Construction Site Best Management Handbook, Wisconsin Storm Water Manual and other standards approved by the Planning and Zoning Commission. In addition, the Village Zoning Administrator may, where appropriate, require an applicant to furnish a surety to enable the Village to carry out land restoration work in the event of default by the applicant in carrying out an approved conservation plan. The amount of such surety shall be determined by the Zoning Administrator, and the form and type of all sureties shall be approved by the Commission. The Village Zoning Administrator may, as appropriate, request a review of the proposed vegetation removal or earth movement activity by the Wisconsin Department of Natural Resources, and the USDA Natural Resources Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a permit, but not to exceed 30 days. All vegetation removal and earth movement activities shall be conducted as to prevent erosion and sedimentation and preserve the natural scenic beauty of the Village. Natural vegetation, especially woody cover, in the area closest to the water is crucial for fish and riparian wildlife. The tree and shrubbery cutting regulations do not apply to the removal of dead, diseased or dying trees or shrubbery, if verified and approved by the Village.

On those lands within 35 feet of the OHWM (ordinary high water mark) vegetation removal and/or land disturbing activities are prohibited (no touch zone), with the following exceptions subject to a Village approved conservation plan and permit:

1. All earth movement activities within 75 feet of the ordinary high water mark shall be limited to minimal grade changes and only if it is done in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat and preserves natural shoreline beauty. 2. Vegetation removal for the creation of a view/access corridor. In the strip of land 35 feet wide inland from the ordinary high water mark, the total width of the corridor or corridors shall not exceed 40 feet or 30 percent of the lot or parcel’s width at the ordinary high water mark, whichever is less, on lots or parcels of land with 200 feet or less of width at the ordinary high water mark. Or on lots or parcels of land with more than 200 feet of width at the ordinary high water mark, the total width of the corridor or corridors shall not exceed 20 percent of the lot or parcel’s width at the ordinary high water mark; implemented in increments of 30 feet in every 100 foot of lot width. 3. Vegetation removal for the location of those structures permitted within the shoreyard. 4. For those shoreline protection projects authorized by a DNR permit provided the erosion control measures are designed to remedy significant and existing erosion problems; 5. Vegetation removal along a farm drainage ditch provided the removal is part of drainage ditch maintenance work that is conducted consistent with the requirements of Chapter 88 Wisconsin Statutes and if the Planning and Zoning Commission determines that soil and water conservation practices are sufficient and no pollution is occurring on the site.

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Land adjacent to farm drainage ditches shall be vegetated and maintained with ground layer vegetation, such as turf grass; 6. Selective removal of exotic, invasive, damaged vegetation that must be removed to control disease or poses an imminent safety hazard provided the vegetation is replaced with comparable species of native plants approved by the Planning and Zoning Commission; 7. Natural areas management activities with a DNR approved management plan or a plan that was developed by a professional natural resource manager to satisfy the purposes of Wis. Stats. 281.31(1) and (6). 8. Prescribed burns of greater than 150 linear feet of shoreline with a plan approved by the Planning and Zoning Commission provided the project cannot be accomplished by selective removal in accordance with subsection (6) above and further provided it is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and preserves the natural shoreline beauty.

Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

A special vegetation removal plan allowing greater vegetation removal than that permitted in (2) above, may be permitted by the Commission by issuance of a conditional use permit, pursuant to division 6 of the Village of Bloomfield’s Zoning Ordinance. An application for such a permit shall include a survey of the lot providing the following information; location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The Commission may grant such a permit only if it finds that such special vegetation removal plans:

1. Will not cause undue erosion or destruction of scenic beauty; and 2. Will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Commission may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner, and 3. Will provide a public good.

Beyond the 35-foot strip, a Village approved conservation plan and permit shall be required for projects within 300 feet of the OHWM (ordinary high water mark) and which are either:

1. On slopes which are either 2. Larger than 1,000 square feet on slopes of 12-20 percent; or 3. Larger than 2,000 square feet on slopes of less than 12 percent.

Required setbacks: All structures, except piers, wharves, boat hoists, lifts, open fence, boathouses, bridges, dams, walkways and stairways which are necessary to provide pedestrian access to the shoreline, shall require a setback of at least 75 feet from the ordinary high water mark although a greater setback may be required where otherwise regulated by the floodplain provisions of this ordinance or other more restrictive ordinances.

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Structures which require authorization, or permits from the DNR, pursuant to Wis. Stats. Chs. 30 and 31, or which are to be located below the ordinary high water mark, namely bridges, dams, culverts, piers, wharves, shoreland riprap, navigational aids, and waterway crossings of transmission lines shall comply with all applicable federal, state, county, and local regulations, but shall not require the issuance of a shoreland floodplain zoning permit where the standard of this ordinance are complied with.

Boathouse: Boathouses shall not extend below the ordinary high water mark, shall not be located on lands having a slope of 12 percent or greater, shall be located so as to minimize earth disturbing activities and shoreland vegetation removal, and shall be designed exclusively for the storage of watercraft and related marine equipment and shall not be used for human habitation or commercial purposes. A boathouse with rooms above or within, used for purposes other than the storage of watercraft and related marine equipment, shall not be deemed to be a boathouse. Fireplaces, patio doors, plumbing, heating, cooking facilities, or any features inconsistent with the use of the structure exclusively as a boathouse, are not permitted in or on boathouses. The highest point of the roof elevation of the boathouse shall not be more than 14 feet in height measured from the lowest finished grade along the structure to the highest roofline of the structure, including the roofs or architectural projections; shall not exceed 400 square feet in horizontal area covered, and shall not be closer than three feet to any side lot line. Railings shall not be placed on top of the boathouse, nor shall boathouse roofs be designed to provide general outdoor living space, i.e. as a deck. Only one boathouse is permitted on a lot as an accessory structure.

Shoreyards may be reduced to the average of the shoreyards of the principle structures existing on the abutting properties within a distance of 100 feet of the subject site but shall not be reduced to less than 40 feet.

The Village of Bloomfield shall grant zoning permit approvals for the construction or placement of a structure on property in a shoreyard setback area if all the following apply:

1. The part of a structure that is nearest to the water is located at least 35 feet landward from the ordinary high water mark. 2. The total floor area of all the structures in the shoreyard setback area of the property will not exceed 200 square feet. In calculating this square footage boathouses shall be excluded. 3. The structure that is subject of the request for special zoning permission has no sides or has open or screened sides. 4. The Village of Bloomfield must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreyard setback area that is nearest to the water.

Stairway, walkway, lift, piers, and wharves: Stairway, lift, and walkways and that portion of piers and wharves landward of the ordinary high water mark are exempted from the shoreland setback requirements provided that the structure is necessary to access the shoreline because of steep slopes or wet, unstable soils. Further, the structure shall be located so as to minimize earth disturbing activities and shoreland vegetation removal during construction. The structure shall be

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no more than 48 inches wide; open railings are permitted only where required by safety concerns; canopies, roofs, and closed railings/walls on such structures are prohibited; landings for stairways or docks are permitted only where required by safety concerns and shall not exceed 25 feet in area.

Fences: Residential fences four feet in height or less are permitted in the shoreyard on the property line, but shall not be located on the shoreline. The fence shall not be designed to cross between property lines in the 75 foot shoreyard setback and shall minimize the barrier to wildlife movement. Also refer to section 27-22 of the Village of Bloomfield’s Zoning Ordinance.

Retaining walls: Retaining walls and terracing shall only be allowed in the shoreline setback area where the applicant can successfully prove to the Planning and Zoning Commission or the Department of Natural Resources that there is a current erosion problem that cannot be remedied by resloping and revegetation of the area or other means consistent with natural shoreline aesthetics. Walls and terracing shall only be permitted to the extent that they resolve a continuing erosion problem and shall not be used to provide level outdoor living space in the near-shore area.

Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, removal of stream or lake bed materials, are conditional uses requiring review, public hearing, and approval by the Commission in accordance with division 6 of the Village of Bloomfield’s Zoning Ordinance. However, such earth movements, having a DNR approval under Wis. Stats. Ch. 30, are exempt from this provision.

No waste materials, such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute or harm the waters shall be so located, stored, or discharged in a way that would be likely to run-off, seep, or wash into surface or ground waters.

Tillage, grazing, livestock watering, and the spreading, stacking and stockpiling of manure shall be permitted only when such uses are conducted in accordance with the Village’s conservation standards, and when such uses do not cause the discharge of animal wastes into drainage ways or surface waters. Spreading of manure or fertilizer on frozen ground, stockpiling or stacking of manure, and the establishment and use of feed lots, shall be prohibited when such practice would cause direct run-off of surface waters into a drainage way or watercourse.

Surface water withdrawal, diversion, or discharge for irrigation, processing, or cooling purposes is prohibited except upon issuance of a special permit by the State Department of Natural Resources.

Sec. 27-59. Reserved for Future Use.

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DIVISION 4. PLANNED UNIT DEVELOPMENT (PUD’s)

Sec. 27-60. Purpose and Intent of PUD’s

1) Purpose. Planned unit developments are established to encourage and promote improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this chapter and the general plan for community development. PUD’s allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

2) Uses. PUD’s may include residential, commercial, industrial, and mixed uses.

3) PUD’s allowed as conditional uses in all districts, except A-1. PUD’s are allowed as conditional uses in all districts, except the A-1 district, subject to the requirements of this division and Division 6 regulating conditional uses.

Sec. 27-61. General Requirements.

1) Minimum total area requirements. Areas designated as PUDs shall contain a minimum of five acres.

2) Lot area, lot width, heights, and yard requirements. In a PUD, there shall be no specific lot area, lot width, height, floor area ratio, yard offsets, separations, and usable open space requirements, but such requirements as are made a part of an approved recorded general development plan shall be, along with the recorded plat, construed to be and shall be enforced as a part of this chapter.

3) Permitted uses. Any use permitted in any of the districts of this chapter may be permitted in PUD’s provided such uses are identified in the approved and recorded general development plan.

4) Conditional uses. Any use allowed as a conditional use in any of the districts of this chapter may be allowed in a PUD, subject to the criteria as established in Division 6 and provided such uses and any conditions or requirements attached to such uses are identified in the approved and recorded general development plan.

Sec. 27-62. Procedural Requirements.

1) Pre-application conference. Prior to the official submission of the petition for the approval of a PUD, the owner or the owner's agent should meet with the Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.

2) Request for approval of a PUD as a conditional use. Following the pre-application conference, the owner or the owner's agent may file a petition with the Zoning Administrator for approval of a conditional use for a PUD. The procedure for reviewing and approving a PUD as a conditional use shall be as required for any other conditional use as set forth under Division 6 of this chapter, except that, in addition thereto, the following information shall be filed by the applicant with the Zoning Administrator with the application for a conditional use permit.

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3) Informational statement. A petition for a PUD shall be accompanied by an informational statement that sets forth the following information:

a) Total area to be included in the PUD, area of open space, residential density, proposed number and type of dwelling units, projected population, availability of or requirements for municipal services, and other similar data pertinent to a comprehensive evaluation of the proposed development.

b) A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

c) A general outline of the organizational structure of a property owners' or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

d) Any proposed departures from the standards of development as set forth in this chapter or other village regulations or administrative rules, or other universal guidelines.

e) The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

f) General development plan. A petition for a PUD shall be accompanied by a general development plan which shall include the following information:

i) A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

ii) The location of public and private roads, driveways, sidewalks, and parking facilities.

iii) The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

iv) The location of institutional, recreational, and open space areas, and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

v) The type, size and location of all structures.

vi) General landscape treatment.

vii) The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater drainage facilities.

viii) The existing and proposed location of all private utilities or other easements.

ix) Characteristics of soils related to contemplated specific uses.

x) Existing topography on the site with contours at no greater than two-foot intervals.

xi) If the development is to be staged, a staging plan.

xii) A plan showing how the entire development can be further subdivided in the future.

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4) Recording. Upon final approval of the application and adoption of a PUD by the Village Board, the general development plan, as approved, shall be recorded by the developer within ten days in the county register of deeds' office. Detailed construction and engineering plans need not necessarily be completed at the time the zoning is approved, but the approval and recording of such plans shall be conditioned upon the subsequent submittal, approval, and recording of more specific and detailed plans as the development progresses.

Sec. 27-63. Basis for Approval.

1) Review criteria. As a basis for reviewing a PUD application, the following criteria shall be applied to with specific consideration as to whether or not the proposed PUD is consistent with the spirit and intent of this chapter, whether or not it is consistent with the policies of the Village of Bloomfield Comprehensive Plan, whether or not it has been prepared with professional advice and guidance, and whether or not it produces significant benefits in terms of environmental design:

a) Character and integrity of land use. In a PUD, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

i) Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth, and open space.

ii) Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the community.

iii) Would not adversely affect the anticipated provision for school or other municipal services.

iv) Would not create traffic or parking demands incompatible with the existing or proposed facilities to serve it.

2) Economic feasibility and impact. The proponents of a PUD application shall provide evidence satisfactory to the Plan Commission and Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.

3) Engineering design standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village engineer.

4) Preservation and maintenance of open space. In a PUD, adequate provisions shall be made for the permanent preservation and maintenance of open space either by private reservation or dedication to the public.

a) For private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas restricting the area against any future building or

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use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational, or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the general development plan or, subsequently, with the express approval of the Village Board following approval of building, site, and operational plans by the Plan Commission.

b) The care and maintenance of such open space reservations shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.

c) Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

5) Implementation schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point. The Plan Commission and Village Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.

6) Residential PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

a) Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

b) The total net residential density within the PUD will be compatible with the village master plan or components thereof, and shall be compatible with the density of the neighborhood wherein located.

c) Structure types will be generally compatible with other structural types permitted in the neighborhood.

d) Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.

e) Provision has been made for adequate, continuing fire and police protection.

f) The population density of the development will not have an adverse effect upon the community's capacity to provide needed school or municipal service facilities.

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g) Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan either by private reservation and maintenance or by dedication to the public.

7) Commercial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

a) The economic practicality of the proposed development can be justified.

b) The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.

c) The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

d) The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

e) The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

8) Industrial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed industrial PUD, shall further consider whether:

a) The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

b) The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

c) The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail or arterial highway facilities.

d) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

9) Mixed use PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed mixed use PUD, shall further consider whether:

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a) The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood.

b) The various types of uses conform to the general requirements as set forth in this chapter, applicable to projects of such use and character.

Sec. 27-64. Specific Implementation Plan.

1) After approval and recording of the general development plan, the applicant shall file a specific implementation plan with the Plan Commission, through the Zoning Administrator. Unless and until a specific implementation plan has been approved by the Plan Commission and recorded, no building permit shall be issued for any construction within the PUD. Specific implementation plans shall include the following information:

a) A precise description of the type, number, and size of dwelling units; a description of the type and amount of square feet devoted to commercial or industrial uses; the estimated number of employees; and character and volume of truck and automobile traffic generated from the site.

b) A detailed site plan of the development showing the location of all buildings, pavement areas, signs, and outdoor lighting.

c) A final plat of the entire development area showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways, and parking facilities.

d) A detailed landscape plan showing the location and treatment of open space areas and the location, species, and size of landscape material.

e) Architectural drawings and sketches illustrating the design and character of proposed structures, including elevation drawings of all principal buildings. In residential PUDs with single-family homes, the Plan Commission may approve site and architectural design guidelines contained within a declaration of covenants, deed restrictions, or other similar document, in lieu of reviewing the plans for each individual single-family residence.

f) Location of all utility installations.

g) A detailed grading plan.

h) Stormwater management plan.

i) A development schedule indicating:

i) The approximate date when construction of the project can be expected to begin;

ii) The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

iii) The anticipated rate of development;

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iv) The approximate date when the development of each of the stages will be completed.

j) Agreements, bylaws, provisions, or covenants that govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, open areas or other facilities.

k) Operation plan

l) Any other plans, documents, or schedules required by the Plan Commission or Village Board.

Sec. 27-65. Development Agreement.

Before any building permit shall be issued, the applicant and the owner shall enter into an appropriate contract with the village to guarantee the implementation of the planned unit development according to the terms and conditions established as a part of the general development plan and the specific implementation plan. The village shall have the right, if deemed appropriate, to require the inclusion of performance bonds or other security deemed satisfactory to the Village Attorney.

Sec. 27-66. Amendment of General Development Plans or Specific Implementation Plans.

Under this article, any subsequent change of use of any lot or parcel of land or addition or modification of the general development plans or specific implementation plans shall first be submitted for approval to the Plan Commission and if, in the opinion of the Plan Commission, such change or modification constitutes a substantial alteration of the original plans, the procedures described in this ordinance shall be required before the use is changed or the plans modified.

Sec. 27-67 through Sec 27-69. Reserved for Future Use.

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DIVISION 5. OVERLAY DISTRICTS

Sec. 27-70. Wellhead Protection Overlay Districts.

1) Purpose and authority. The residents of the Pell Lake Sanitary District No. 1 situated in the Village of Bloomfield, Walworth County, Wisconsin, depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection Overlay District is to institute land use regulations and restrictions to protect the Pell Lake Sanitary District's village water supply and well fields, and to promote the district's village water supply and well fields, and to promote the public health, safety, and general welfare of the residents of the Pell Lake Sanitary District situated in the Village of Bloomfield, Walworth County, Wisconsin.

2) Statutory authority. Statutory authority of the village to enact these regulations is established by Wis. Stats. § 60.62 and 62.23 which specifically added groundwater protection to the statutory authorization for planning and zoning to protect public health, safety, and welfare.

3) Application of regulations. The regulations specified in this wellhead protection ordinance shall apply only to lands within 1,200 feet of the Pell Lake Sanitary District village well (cones of depression), located in sections 14 and 15, T 1 N, R 18 E, Village of Bloomfield, Walworth County, Wisconsin.

4) Definitions.

a) Aquifer. A saturated, permeable geologic formation that contains and will yield significant quantities of water.

b) Cone of depression. The area around a well, in which the water level has been lowered at least one foot by pumping the well. For the ease of determination, the cone of depression for Groundwater Protection Overlay District A has been established as being 1,200 feet from the Pell Lake Sanitary District wells.

c) Recharge area. Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

d) Well field. A piece of land used primarily for the purpose of locating wells to supply a village water system.

5) District boundaries established. The boundary of the Wellhead Protection Overlay District is hereby established as shown on the map entitled "Pell Lake Sanitary District No. 1, Environmental Concerns Map-Figure 2" and shall consist of the entire area that is situated within 1,200 feet of the Pell Lake Sanitary District wells.

6) Penalties. Any person who fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $10.00 or more than $200.00 and costs of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the Walworth County jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.

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Sec. 27-71. Overlay District A.

1) Intent. The primary portion of the Pell Lake Sanitary District recharge area to be protected is the land within 1,200 feet of the Pell Lake wells.

2) Prohibited uses. The following commercial uses, as defined in NR § 500.03, Wis. Adm. Code, and/or generally described below are prohibited uses within the Groundwater Protection Overlay District A. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

a) Any solid waste storage facility.

b) Transportation facility.

c) Transfer facility.

d) Incineration facility.

e) Air curtain destructor facility.

f) Processing facility.

g) Wood burning facility.

h) One time disposal facility.

i) Small demolition facility.

j) Sanitary landfill.

k) Coal storage area.

l) Salt or deicing material storage area.

m) Gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Commerce or its designated agent under § 10.10.

n) Bulk fuel storage facilities.

o) Pesticide or fertilizer handling or storage facilities.

3) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District A on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

Sec. 27-72. Overlay District B.

1) Intent. A second portion of the Pell Lake Sanitary District recharge area to be protected is the land which lies within 1,000 feet of the Pell Lake Sanitary District well. Land use restrictions

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within Groundwater Protection Overlay District B are more restrictive than in Overlay District A because of shorter flow times and a smaller potential for remediation, dilution, and attenuation.

2) Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District B. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination. Uses not listed may not be permitted uses.

a) All prohibited uses listed in Overlay District A.

b) Land application of village, commercial or industrial waste.

c) Industrial, commercial, or village wastewater lagoons or storage structures.

d) Commercial storage or stacking of manure.

e) Septic tanks or soil absorption units receiving 8,000 gallons or more per day.

3) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District B on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

Sec. 27-73. Overlay District C.

1) Intent. A third portion of the Pell Lake Sanitary District recharge area to be protected is the land which lies within 600 feet of the Pell Lake Sanitary District wells. Land use restrictions within Groundwater Protection Overlay District C are more restrictive than Overlay Districts A and B because of shorter flow times and a smaller potential for remediation, dilution, and attenuation.

2) Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District C. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

a) All prohibited uses listed under Overlay Districts A and B.

b) Gasoline or fuel oil storage tanks that have received written approval from the Wisconsin Department of Commerce or its designated agent.

3) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District C on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

Sec. 27-74. Overlay District D.

1) Intent. A fourth portion of the Pell Lake Sanitary District recharge area to be protected is the land which lies within 400 feet of the Pell Lake Sanitary District wells. Land use restrictions within

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Groundwater Protection Overlay District D are more restrictive than in Overlay Districts A, B and C because of shorter flow times and smaller potential for remediation, dilution, and attenuation.

2) Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District D. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

a) All prohibited uses listed in Overlay Districts A, B, and C.

b) Cemetery.

c) Stormwater drainage pond.

3) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District D on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

Sec. 27-75. Overlay District E.

1) Intent. A fifth portion of the Pell Lake Sanitary District recharge area to be protected is the land which lies within 200 feet of the Pell Lake Sanitary District wells. Land use restrictions within Groundwater Protection Overlay District E are more restrictive than in overlay districts A, B, C, and D because of shorter flow times and smaller potential for remediation, dilution, and attenuation.

2) Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District E. These uses are prohibited based on a high probability that activities routinely associated with these uses may cause groundwater contamination.

a) All prohibited uses listed in overlay districts A, B, C, and D.

b) Sanitary sewer main.

c) Lift station.

d) Single-family fuel oil tank.

3) Exceptions for Sewer Mains. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Water Works Association (AWWA) 600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

4) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District E on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

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Sec. 27-76. Overlay District F.

1) Intent. A sixth portion of the Pell Lake Sanitary District recharge area to be protected is the land which lies within 50 feet of the Pell Lake Sanitary District wells. Land use restrictions within Groundwater Protection Overlay District F are more restrictive than in Overlay Districts A, B, C, D, and E because of shorter flow times and smaller potential for remediation, dilution, and attenuation.

2) Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District F. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination. Uses not listed may not be permitted uses.

a) All prohibited uses listed in Overlay Districts A, B, C, D and E.

b) Storm sewer main.

3) Upgrades. Where any of the uses in the paragraphs above exist within Groundwater Protection Overlay District F on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Zoning Administrator and a zoning permit must be issued prior to any work being initiated. Expansion of the prohibited facility will not be allowed.

Sec. 27-77. Shoreland Overlay District.

1) Intent. It is the general intent of this district to regulate the use of all structures, lands, and waters within the shoreland areas of the Village of Bloomfield.

2) Statutory authority. This overlay district is adopted under the authority granted by Wis. Stats. §§ 59.69, 59.692, 59.694, and 281.31 and amendments thereto.

3) Application of regulations. This overlay district shall apply to all Village of Bloomfield shorelands, as defined below:

a. All lands in the Village of Bloomfield lying within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the Village of Bloomfield shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication “Surface Water Resources of Walworth County” or are shown on the United States Geological Survey quadrangle maps or other zoning base maps.

b. All lands in the Village of Bloomfield lying within 300 feet of the ordinary high water mark of navigable rivers or streams or the landward side of the floodplain, whichever is greater. Rivers and streams in the Village of Bloomfield shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps. If evidence to the contrary is presented, the Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under laws of this state. The

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Zoning Administrator shall contact the appropriate district DNR office for a determination of navigability or ordinary high water mark.

4) Minimum lot size in Shoreland Overlay District. Minimum lot sizes in shorelands shall be the larger of the minimum lot size defined by the applicable standard zoning district (Sec. 27-32 to 57) or as follows, for any lot created after December 20, 2011:

a. ‘Sewered lots.’ Lots served by public sanitary sewer shall have a minimum width of 65 feet (measured at front of house) and a minimum area of 10,000 square feet.

b. ‘Unsewered lots.’ Lots not served by public sanitary sewer shall have a minimum width of 100 feet (measured at front of house) and a minimum area of 20,000 square feet.

c. ‘Substandard lots.’ A legally created lot or parcel that met the minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply:

i. The substandard lot of parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel.

ii. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

iii. The substandard lot or parcel is developed to comply with all other ordinance requirements.

d. ‘Planned Unit Developments.’ A non-riparian lot may be created which does not meet the requirements of Sec. 27-77(4) if the Village has approved and recorded a plat or certified survey map including that lot within a planned unit development, if the planned unit development contains at least 2 acres or 200 feet of frontage, and if the reduced non- riparian lot sizes are allowed in exchange for larger shoreland buffers and setbacks on those lots adjacent to navigable waters that are proportional to and offset the impacts of the reduced lots on habitat, water quality, and natural scenic beauty.

5) Required setbacks and height requirements in Shoreland Overlay District.

a. All structures, except piers, wharves, boat hoists, lifts, open fence, boathouses, bridges, dams, walkways and stairways which are necessary to provide pedestrian access to the shoreline, shall require a setback of at least 75 feet from the ordinary high water mark although a greater setback may be required where otherwise regulated by the floodplain provisions of this ordinance or other more restrictive ordinances.

b. Structures located within 75 feet of the ordinary high water mark may not exceed a maximum height of 35 feet.

c. Structures which require authorization or permits from the DNR pursuant to Wis. Stats. Chs. 30 and 31, or which are to be located below the ordinary high water mark, namely

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bridges, dams, culverts, piers, wharves, shoreland riprap, navigational aids, and waterway crossings of transmission lines shall comply with all applicable federal, state, county and local regulations, but shall not require the issuance of a shoreland floodplain zoning permit where the standards of this ordinance are complied with.

d. Boathouse: The following regulations shall apply to new boathouses and boathouse additions or renovations completed after December 20, 2011. Boathouses shall not extend below the ordinary high water mark, shall be located within the access/viewing corridor, shall not be located on lands having a slope of 12 percent or greater, shall be located so as to minimize earth disturbing activities and shoreland vegetation removal, and shall be designed exclusively for the storage of watercraft and related marine equipment and shall not be used for human habitation or commercial purposes. A boathouse with rooms above or within, used for purposes other than the storage of watercraft and related marine equipment, shall not be deemed to be a boathouse. Fireplaces, patio doors, plumbing, heating, cooking facilities, or any features inconsistent with the use of the structure exclusively as a boathouse are not permitted in or on boathouses. The highest point of the roof elevation of the boathouse shall not be more than 14 feet in height measured from the lowest finished grade along the structure to the highest roofline of the structure, including the roofs of architectural projections; shall not exceed 400 square feet in horizontal area covered, and shall not be closer than three feet to any side lot line. Railings shall not be placed on top of the boathouse, nor shall boathouse roofs be designed to provide general outdoor living space, i.e., as a deck. Only one boathouse is permitted on a lot as an accessory structure. e. Where there is an existing development pattern, the shoreyard setback for a proposed principal structure may be reduced to the average shoreyard setback of the principle structure on each adjacent lot within 250 feet of the proposed principal structure. The shoreyard setback may not be reduced to less than 35 feet from the ordinary high water mark of any navigable waters.

f. The Village of Bloomfield shall grant zoning permit approvals for the construction or placement of a structure on property in a shoreyard setback area if all of the following apply:

i. The part of a structure that is nearest to the water is located at least 35 feet landward from the ordinary high water mark.

ii. The total floor area of all of the structures in the shoreyard setback area of the property will not exceed 200 square feet. In calculating this square footage boathouses shall be excluded.

iii. The structure that is subject of the request for special zoning permission has no sides or has open or screened sides.

iv. The Village of Bloomfield must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreyard setback area that is nearest to the water.

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g. Stairway, walkway, lift, piers, and wharves: Stairway, lift and walkway and that portion of piers and wharves landward of the ordinary high water mark are exempted from the shoreland setback requirements provided that the structure is necessary to access the shoreline because of steep slopes or wet, unstable soils, and is located within the access/viewing corridor. Further, the structure shall be located so as to minimize earth disturbing activities and shoreland vegetation removal during construction. The structure shall be no more than 60 inches wide; open railings are permitted only where required by safety concerns; canopies, roofs, and closed railings/walls on such structures are prohibited; landings for stairways or docks are permitted only where required by safety concerns and shall not exceed 25 feet in area.

h. See Sec. 27-22(7) and (8) for regulations related to fences and retaining walls in the shoreland.

6) Vegetation removal and retention and earth movement.

a. Vegetation removal and earth movements shall be conducted in accordance with the Village’s conservation standards, as determined by the Zoning Administrator, and shall require a Village approved conservation plan and permit, subject to the dimensional requirements listed below. In addition, the Zoning Administrator may, where appropriate, require an applicant to furnish a surety to enable the Village to carry out land restoration work in the event of default by the applicant in carrying out an approved conservation plan. The amount of such surety shall be determined by the Zoning Administrator, and the form and type of all sureties shall be approved by the Village Board. The Zoning Administrator may, as appropriate, request a review of the proposed vegetation removal or earth movement activity by the Wisconsin Department of Natural Resources, and the USDA Natural Resource Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a permit but not to exceed 30 days. All vegetation removal and earth movement activities shall be conducted as to prevent erosion and sedimentation and preserve the natural scenic beauty of the Village of Bloomfield. Natural vegetation, especially woody cover, in the area closest to the water is crucial for fish and riparian wildlife. The tree and shrubbery cutting regulations do not apply to the removal of dead, diseased or dying trees or shrubbery, if verified and approved by the Zoning Administrator.

b. On those lands within 35 feet of the OHWM (ordinary high water mark) vegetation removal and/or land disturbing activities are prohibited (no touch zone), with the following exceptions subject to a Village of Bloomfield approved conservation plan and permit:

i. All earth movement activities within 75 feet of the ordinary high water mark shall be limited to minimal grade changes and only if it is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and preserves natural shoreline beauty.

ii. Vegetation removal for the creation of a view/access corridor. In the strip of land 35 feet wide inland from the ordinary high water mark, the total width of the corridor or

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corridors shall not exceed 40 feet or 30 percent of the lot or parcel's width at the ordinary high water mark, whichever is less, on lots or parcels of land with 200 feet or less of width at the ordinary high water mark. Or on lots or parcels of land with more than 200 feet of width at the ordinary high water mark, the total width of the corridor or corridors shall not exceed 20 percent of the lot or parcel's width at the ordinary high water mark; implemented in increments of 30 feet in every 100 foot of lot width.

iii. Vegetation removal for the location of those structures permitted within the shoreyard.

iv. For those shoreline protection projects authorized by a DNR permit provided that erosion control measures are designed to remedy significant and existing erosion problems.

v. Vegetation removal along a farm drainage ditch provided the removal is part of drainage ditch maintenance work that is conducted consistent with the requirements of Chapter 88 of Wisconsin Statutes. Land adjacent to farm drainage ditches shall be vegetated and maintained with ground layer vegetation, such as turf grass.

vi. Selective removal of exotic, invasive, damaged vegetation or vegetation that must be removed to control disease or poses an imminent safety hazard provided the vegetation is replace with comparable species of native plants approved by the Zoning Administrator.

vii. Natural area management activities with a DNR approved management plan or a plan that was developed by a professional natural resource manager to satisfy the purposes of Wis. Stats. 281.31(1) and (6).

viii. Prescribed burns of greater than 150 linear feet of shoreline with a plan approved by the Zoning Administrator provided the project cannot be accomplished by selective removal in accordance with subsection (6) above and further provided it is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and preserves the natural shoreline beauty. c. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. d. A special vegetation removal plan allowing greater vegetation removal than that permitted in (ii) above, may be permitted by the Plan Commission and Village Board by issuance of a conditional use permit, pursuant to Section 27-80 to 89. An application for such a permit shall include a survey of the lot providing the following information; location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The Plan Commission and Village Board may grant such a permit only if it finds that such special vegetation removal plans:

i. Will not cause undue erosion or destruction of scenic beauty; and

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ii. Will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Village Board may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner, and

iii. Will provide a public good.

e. Beyond the 35-foot strip, a Village approved conservation plan and permit shall be required for projects within 300 feet of the OHWM (ordinary high water mark) and which are either:

i. On slopes which are either:

1. Larger than 1,000 square feet on slopes of 12—20 percent; or

2. Larger than 2,000 square feet on slopes less than 12 percent.

f. Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, removal of stream or lake bed materials, are conditional uses requiring review, public hearing, and approval by the Plan Commission and Village Board in accordance with Section 27-80 to 89. However, such earth movements having a DNR approval under Wis. Stats. Ch. 30 are exempt from this provision.

g. Filling, grading, lagooning, dredging, ditching, and excavating may be permitted only in accordance with the provisions of s. NR 115.04, the requirements of Ch. 30 Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat and natural scenic beauty.

7) Nonconforming uses within Shoreland Overlay District.

a. General rule for nonconforming uses and structures, pursuant to Wis. Stat. 59.692.

i. A damaged or destroyed nonconforming structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, without any limits on the costs of repair, reconstruction, or improvement, if all of the following apply:

1. The nonconforming structure was damaged or destroyed after March 2, 2006.

2. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

ii. A structure restored per 27-77(7)(a)(i) may be larger than the size it was immediately before damage or destruction occurred, if necessary for the structure to comply with applicable state or federal requirements.

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b. If a nonconforming use is discontinued for a period of 12 months, any future use of the building, structure, or property shall conform to this ordinance. c. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per Sec. 27-77(5), may be maintained and repaired within its existing building envelope. Maintenance and repair includes such activities as interior remodeling, plumbing, insulation, and replacement of windows, doors, siding, or roof. d. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per Sec. 27-77(5) may be expanded vertically, provided that all of the following requirements are met:

i. The use of the structure has not been discontinued for a period exceeding 12 months.

ii. The existing principal structure is at least 35 feet from the ordinary high water mark.

iii. Vertical expansion is limited to the height allowed in 27-77(5)(b).

iv. The Village shall issue a permit that requires a mitigation plan that shall be approved by the Village and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards of Sec. 27-77(11).

v. All other provisions of this ordinance are met. e. An existing principal structure that was lawfully placed when constructed, but that does not comply with the required building setback per Sec. 27-77(5), may be expanded horizontally, landward, or vertically provided that the expanded area meets the building setback requirements per Sec. 27-77(5) and that all other provisions of the ordinance are met. A mitigation plan is not required solely for expansion under this paragraph but may be required under other requirements of this ordinance. f. An existing principal structure that was lawfully placed when constructed, but that does not comply with the required building setback per Sec. 27-77(5), may be replaced or relocated on the property provided that all of the following requirements are met:

i. The use of the structure has not been discontinued for a period of 12 months or more.

ii. The existing principal structure is at least 35 feet from the ordinary high water mark.

iii. No portion of the replaced or relocated structure is located any closer to the ordinary high water mark than the closest point of the existing principal structure.

iv. The Village determines that no other location is available on the property to build a principal structure of comparable size to the structure proposed for replacement or relocation that will result in compliance with the shoreland setback requirement per Sec. 27-77(5).

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v. The Village shall issue a permit that requires a mitigation plan that shall be approved by the Village and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in Sec. 27-77(11) including enforceable obligations of the property owner to establish or maintain measures that the Village determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the Walworth County Register of Deeds.

vi. The Village shall issue a permit that requires that all other structures on the lot or parcel that do not comply with the shoreland setback requirement per Sec. 27-77(5) and are not exempt under any provisions of Sec. 27-77(5) be removed by the date specified in the permit.

vii. All other provisions of the shoreland overlay district shall be met.

g. Accessory structures that were legally constructed before the adoption of this chapter may be maintained and repaired, but shall not be expanded or rebuilt unless authorized by s. 59.692(1s) Wis. Stats. or unless they are made to conform with all other provisions of this ordinance.

h. The maintenance and repair of nonconforming boathouses which extend beyond the ordinary high water mark of any navigable waters shall be required to comply with s. 30.121 Wis. Stats.

8) Material storage in Shoreland Overlay District. No waste material such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters shall be so located, stored, or discharged in a way that would be likely to run-off, seep, or wash into surface or ground waters.

9) Agricultural practices in Shoreland Overlay District.

a. Tillage, grazing, livestock watering, and the spreading, stacking and stockpiling of manure shall be permitted only when such uses do not cause the discharge of animal wastes into drainage ways or surface waters. Spreading of manure or fertilizer on frozen ground, stockpiling or stacking of manure, and the establishment and use of feed lots, shall be prohibited when such practice would cause direct run-off of surface waters into a drainage way or watercourse.

b. Surface water withdrawal, diversion, or discharge for irrigation, processing, or cooling purposes is prohibited except upon issuance of a special permit by the State Department of Natural Resources.

10) Impervious Surface Standards in Shoreland Overlay District.

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a. Impervious surface standards shall apply to the construction, reconstruction, expansion, replacement, or relocation of any impervious surface within 300 feet of the ordinary high water mark of any navigable waterway, and shall require all of the following:

i. Calculation of percentage of impervious surface. Percentage of impervious surface shall be calculated by dividing the surface area of existing and proposed impervious surfaces on the portion of the lot or parcel within 300 feet of the ordinary high water mark by the total surface area of that portion of the lot or parcel within 300 feet of the ordinary high water mark, and multiplied by 100.

ii. Impervious surface standard. The percentage of impervious surface shall not exceed 15 percent of the total surface area of the portion of a lot or parcel within 300 feet of the ordinary high water mark, except as defined below.

iii. Maximum impervious surface. The Village may issue a permit for development that exceeds 15 percent but shall not exceed 30 percent of the total surface area of the portion of the lot or parcel within 300 feet of the ordinary high water mark, provided the Village approves a mitigation plan meeting the standards of Sec. 27-77(11).

iv. Existing impervious surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in Sec. 27-77(10)(a)(ii)) or the maximum impervious surface standard in Sec. 27- 77(10)(a)(iii), the property owner may do the following:

1. Maintain and repair the existing impervious surfaces.

2. Replace existing impervious surfaces with similar surfaces within the existing building envelope.

3. Relocate or modify existing impervious surface with a similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of this ordinance, and the impervious surface meets the applicable setback requirements.

v. This section of the ordinance shall not be construed to supersede other provisions in the Village Shoreland Overlay District. Maintenance, reconstruction, relocation, and expansion of existing structures must comply with the other provisions in the Village ordinance, the shoreland setback standards in Sec. 27-77(5), and the nonconforming structure provisions in Sec. 27-77(7).

11) Mitigation in the Shoreland Overlay District.

a. When the Village issues a permit requiring mitigation under Sec. 27-77(7)(d)(iv), Sec. 27- 77(7)(f)(v)), or Sec. 27-77(10)(a)(iii)) the property owner shall submit a complete permit application that is reviewed and approved by the Village. The application shall include the following:

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i. A site plan that describes the proposed mitigation measures:

1. The site plan shall be designed and implemented to offset the impacts of the permitted expansion or replacement on water quality, near-shore aquatic habitat, and natural scenic beauty.

2. The mitigation measures shall be proportional to the amount and impacts of the expansion being permitted.

ii. An implementation schedule and enforceable obligation on the property owners to establish and maintain the mitigation measures.

vi. The enforceable obligations shall be evidenced by an instrument recorded in the office of the Walworth County Register of Deeds prior to the issuance of a permit.

12) Land Division Review in the Shoreland Overlay District.

a. In addition to the Village Subdivision Ordinance, and any other applicable regulations, reviews of land divisions in shoreland areas which create three or more parcels or building sites of 5 acres each or less within a five year period shall be subject to the following factors:

i. Hazards to the health, safety, or welfare of future residents;

ii. Proper relationship to adjoining areas;

iii. Public access to navigable waters, as required by law;

iv. Adequate storm drainage facilities;

v. Conformity to state law and administrative code provisions.

13) Signs in Shoreland Overlay District.

a. The following on-premise shoreland signs may be erected, placed, or posted in all districts with a permit and subject to the conditions herein specified.

i. Signs visible to stream or lake users at anytime of the year shall not exceed 12 square feet in area on one side nor 24 square feet in area on all sides for any one premise.

ii. Signs shall not exceed a height of 10 feet.

iii. Signs shall not be located closer than 50 feet to any side lot line or any intersection.

iv. Signs shall not be located within 75 feet of the ordinary high water mark of any navigable body of water.

v. Signs shall not contain, include, or be illuminated by a flashing light or be composed of any animated parts.

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Sec. 27-78 through 27-79. Reserved for Future Use.

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DIVISION 6. CONDITIONAL USES

Sec. 27-80. Agricultural and Related Uses.

Except where specifically permitted as a principal use in Division 3, the following agricultural and related uses shall be conditional uses and may be permitted as specified. All conditional uses in the A-1 district are limited to those that are consistent with agricultural use and found to be necessary in light of alternative locations available for any such uses.

1) Single-family dwellings. Single-family dwellings exceeding one per farm in A-1, A-2, and A-3 districts provided, however, that such dwellings may only be permitted when consistent with an agricultural use and that are occupied by an owner of the parcel, or a person who or a family of which at least one adult member earns the majority of his or her gross income from conducting the farm operations on the parcel, or a parent or child of an owner who conducts the majority of the farm operations on the parcel, or a parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel and laborers principally engaged in a principal or approved conditional use and only when the need for such additional units to support and carry on the principal or approved conditional use has been established. If conditional use approval is granted for one or more additional dwellings, such dwellings may be separated from the farm lot provided however that any parcel so created conforms with all regulations set forth in this ordinance, except that no such parcel shall be less than 40,000 square feet in area or greater than the larger of either five acres.

2) Housing for Seasonal Farm Workers. Housing for seasonal or migratory farm workers in the A-1, A-2, and A-3 districts.

3) Commercial feed lots/livestock facilities. Commercial feed lots/livestock facilities in the A-1, A-2, and A-4 districts in accordance with the provisions of Wis. Stats. § 93.90, and ATCP 51 of Wis. Administrative Rules, if applicable, inclusive of all future amendments to any provisions of those sections of the Wisconsin Statutes and Administrative Rules. Applications for livestock facilities shall be approved unless the Plan Commission finds based on clear and convincing information and documentation that the application does not comply with requirements of the regulations.

4) Livestock sales barns. Livestock sales barns in the A-1, A-3, and A-4 districts.

5) Animal hospitals, shelters, and kennel. Animal hospitals, shelters, and kennels in the A-2, A-3, A- 4 and A-5 agricultural districts, conservancy districts and the B-2, B-4 and B-5 business districts provided that the lot area is not less than five acres and further provided that, if animals are to be housed outside, there is a minimum building separation of 1,000 feet from the nearest residential structure existing at the time of the issuance of a zoning permit.

6) Veterinarian services. Veterinarian services in the A-2 and A-4 districts.

7) Commercial stables. Commercial stables in the A-2, A-4, C-2, P-1, P-2, and B-5 districts. Tack rooms associated with commercial stables shall be used only by the owner and boarders. Commercial stables with horse shows and tack shop that permit off-site retail sales in the A-4 and P-1 districts.

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8) Fur Farming. Commercial raising and propagation of fur-bearing animals in the A -1, A-2, and A- 3 districts.

9) Egg Production. Commercial egg production in the A-1, A-2, and A-3 districts.

10) Land Restoration. Land restoration in the A-1, A-2, A-3, A-4, and C-2 districts when conducted in accordance with applicable Village and Walworth County conservation standards. Any project designed and certified by Natural Resources Conservation Service, Walworth County Department of Land Conservation, or the Wisconsin Department of Natural Resources may be exempt from the conditional use process.

11) Agricultural-Related Businesses. Agricultural-related manufacturing, warehousing, and marketing activities in the A-4 district, including contract sorting, grading, and packaging services for fruits and vegetables; corn shelling, hay baling, and threshing services; spring water bottling; grist mill services; horticultural services; poultry hatchery services; production of animal and marine fat and oil; canning of fruits, vegetables, preserves, jams, and jellies; canning of specialty foods; preparation of cereals; production of natural and processed cheese; production of chocolate and cocoa products; coffee roasting and production of coffee products; production of condensed and evaporated milk; wet milling of corn; cottonseed oil milling; production of creamery butter; drying and dehydrating fruits and vegetables; preparation of feeds for animal and fowl; production of flour and other grain mill products; blending and preparing of flour; fluid milk processing; production of frozen fruits, fruit juices, vegetables, and other specialties; malt production; meat packing; fruit and vegetable pickling, vegetable sauces and seasoning, and salad dressing preparation; poultry and small game dressing and packing, providing that all operations be conducted within an enclosed building; milling of rice; production of sausages and other meat products, providing that all operations be conducted within an enclosed building; production of shortening, table oils, margarine, and other edible fats and oils; milling of soy bean oil; milling of vegetable oil; sugar processing and production; production of wine, brandy and brandy spirits; livestock sales facilities; grain elevators and bulk storage of feed grain; fertilizer production, sales, mixing, storage and blending; sales or maintenance of farm implements and related equipment; and transportation-related activities primarily serving the basic agricultural industry. Any outside storage or display areas in conjunction with the above commercial and related uses may be permitted by the Plan Commission after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall the area be closer than 25 feet to any right-of-way.

12) Business Signs. Signage for approved business on A-4 provided the sign is located at least five feet from property lines.

13) Off-season storage facilities for boats and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes in the A-4 district. Any outside storage or display areas in conjunction with this use may be permitted by the Plan Commission after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of- way.

14) Hunting and Fishing Clubs. Hunting and fishing club land without structures in the A-1, A-2, and A-3 districts.

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15) Retail sales. Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non-agricultural items are subject to detailed plan approval by the Plan Commission.

Sec. 27-81. Recreational and Related Uses.

Except where specifically permitted as a principal use in Division 3, the following recreational related uses shall be conditional uses and may be permitted, as specified.

1) Golf courses and country clubs in all residential and park districts, the C-2 conservancy district, and the B-5 district.

2) Hunting and fishing clubs in the A-2, C-1, C-2, and P-1 districts.

3) Ski hills in the A-2, A-3, P-1, P-2, C-2, and B-5 districts.

4) Yachting clubs and marinas in the P-1, P-2, C-1, C-2, B-4, and B-5 Districts.

5) Recreational camps in the A-2, P-1, P-2, C-1, and C-2 districts subject to the State of Wisconsin regulations and such other regulations as the Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a) Yards. There shall be a yard on each side of a recreational camp as follows:

b) Street Yard: Minimum 100 feet.

c) Rear Yard: Minimum 100 feet.

d) Side Yard: Minimum 50 feet.

e) Screening. There shall be a condition of the granting of the permit for a recreational camp, and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs, and trees, be allowed to grow and develop in all required yards, except noxious plants, weeds, and trees, or that vegetation of equivalent density be planted therein so as to provide a natural screen between a camp and neighboring areas and so that required yards shall be unused and unusable for general purposes of camp operation.

f) Off-street parking: Off-street parking shall be provided on the premises of any such recreational camp, but not in any required yard, equal to not less than one parking space for each camping unit, plus one additional parking space for each motor vehicle operated in connection with such camping.

g) Sewage disposal: Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by Wisconsin Administrative Code Chapter DHS 178 and constructed and maintained as required by the county sanitary ordinance.

h) Water supply: Where public water is not available, the well or wells supplying any camping area shall comply with Wisconsin Administrative Code Chapter DHS 178, except that well pits or pump pits shall not be permitted.

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6) Public or private campgrounds in the P-1, P-2, and C-1, C-2 and B-5 districts subject to the regulations of Wisconsin Administrative Code Chapter DHS 178 and such other regulations as the Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a) Camping area location. The temporary accommodation of persons providing their own means of shelter is permitted only in the locations approved on the site plan, as required under Section 27-163 of this ordinance. In approving such locations, the Plan Commission shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises. Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited.

b) Within the camping areas approved on the site plan, every camping unit shall be located on a generally well-drained ground, and no camping unit nor any building or structure related to the operation of such camping area shall be located on ground on which storm or other surface waters accumulate or on ground which is substantially wet or muddy due to subsoil moisture. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barn yard or other source of pollution. No camping unit shall be located more than 400 feet from a toilet or service building.

c) Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motor home, camping trailer, and tent. A camping unit shall not exceed a maximum living area of 400 square feet.

d) Minimum camping unit site area. There shall be not less than 4,000 square feet of land per camping unit exclusive of required yards, parking lots, and areas devoted to permanent buildings and their grounds. Camping unit site areas shall be located and spaced at least 75 feet center to center. No camping unit shall be located within 50 feet of any other camping unit. Group camping shall be permitted only in an area designated for such use on the approval site development plan. Automobiles, except self-propelled camping units, shall not be parked in any such designed group camping area except for loading and unloading purposes.

e) Yards. A yard shall be provided along each side of the camp except that part which fronts on a lake or stream course.

f) Street Yard: Minimum 100 feet.

g) Rear Yard: Minimum 100 feet.

h) Side Yard: Minimum 50 feet.

i) Screening. It shall be a condition of the granting of the permit for such camp and a continuing condition for its operation, that the natural vegetation, including grasses, flowers, shrubs, and trees, be allowed to grow and develop in all required yards, or that vegetation of equivalent density be planted therein, so as to provide a natural screen between such camp and adjacent properties.

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j) Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit. Each such parking space shall be not less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein. k) Water supply. There shall be an adequate source of pure water with supply outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted, nor shall any drinking water faucets be placed in any toilet rooms. l) Sewage disposal. Sanitary sewage and waste disposal facilities shall be provided as required by the Wisconsin Administrative Code, Chapter H 78, and constructed and maintained as required by the sanitary ordinance. m) Drives and walkways. There shall be a system of driveways and walkways connecting every camp unit within any camping area with a public street or highway. Such driveways shall be not less than 16 feet in width and such walkways shall be not less than 5 feet in width. All driveways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Driveways shall be well lighted at night and shall be unobstructed at any time. n) Maintenance: It shall be a condition on the granting of a permit for the camping area, and a continuing condition for the operation of the same, that:

i) Drainage of the area shall be maintained and camping units placed on well drained ground.

ii) Required yards shall be maintained.

iii) Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

iv) Driveways, walkways, and parking areas shall be maintained.

v) All requirements of Wisconsin Administrative Code Chapter H 78 shall be met and maintained. o) Permit renewal. Any conditional use permit issued for a campground, including permits issued to existing operations, shall be in effect for a one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the village Plan Commission after a public hearing. p) Existing operations. Within 60 days after the effective date of this ordinance, all existing campground operations shall be required to register with the Zoning Administrator, and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data maps showing existing campground layout, and such other data as

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may be necessary to enable the Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in this ordinance. Notwithstanding the foregoing, however, the Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

7) Planned campground developments. Planned campground developments are conditional uses in the B-5 zoning district subject to the regulations of Wisconsin Administrative Code DHS 178, and such other regulations as the Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

a) Planned campground development area location. In approving such locations, the Plan Commission shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises.

b) Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited. Compliance with this requirement shall be the responsibility of the campground association.

c) Within the camping areas approved on the site plan, every camping unit shall be located on generally well-drained ground, and no camping unit or any building or structure related to the operation of such camping area shall be located on ground on which storm or other surface waters accumulate, or on ground which is substantially wet or muddy due to subsoil moisture. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barn yard or other source of pollution.

d) Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motor home, camping trailer and park model. A camping unit shall not exceed a maximum living area of 400 square feet. All camping units shall remain mobile. The original wheel assembly shall not be removed, wheels shall be in contact with the pad, the pad shall not exceed 6" above the original grade, and the unit shall not be installed upon footings or a foundation.

e) Perimeter yards. There shall be a buffer yard on all sides of a planned campground development as follows:

i) Street Yard: Minimum 100 feet.

ii) Rear Yard: Minimum 100 feet.

iii) Side Yard: Minimum 50 feet.

f) Screening. There shall be a condition, if granting the permit for a planned campground development and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs and trees be allowed to grow and

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develop in all perimeter yards (except noxious plants, weeds and trees), or the vegetation of equivalent density be planted therein so as to provide a natural screen between the campground and neighboring areas and so that perimeter yards shall be unused and unusable for general purposes of the camp operation. g) Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit plus one additional parking space for each motor vehicle operating in connection with such camping, but not to be located in any required yard. Each such parking space shall not be less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein. h) Sewage disposal. Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by DHS 178 and Chapter COMM 83 of the Wisconsin Administrative Code and constructed and maintained as required by the county sanitary ordinance. No camping unit shall be located more than 400 feet from a toilet or service building. i) Water supply. There shall be an adequate source of pure water with water outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with DHS 178 and the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted nor shall any drinking water faucets be placed in any toilet rooms. j) Interior roadways and walkways. There shall be a system of roadways and walkways connecting every unit within any camping area with a public street or highway. Such roadways shall be not less than 16 feet in width and such walkways shall be not less than 5 feet in width, unless by means of a conditional use permit, the width of the roadway(s) or walkway(s) within the planned campground are modified by the village Plan Commission. All roadways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Roadways shall be well lit at night and shall be unobstructed at all times. k) Interior setback requirements.

i) Ten foot street yard setback requirement from edge of pavement of the interior roadways. (Corner lots require two street yard setbacks.)

ii) Five foot side yard setback requirement.

iii) Five foot rear yard setback requirement. l) Storage shed.

i) The storage shed shall be freestanding in its construction.

ii) Maximum size not to exceed 100 square feet.

iii) Height not to exceed ten feet from original grade to peak.

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iv) If located in the rear yard shall be located at least three feet from lot lines.

v) If located in the street yard shall be located at least ten feet from the pavement of the interior roadway and five feet from the side lot line.

vi) If located in the side yard shall be located at least five feet from the lot lines.

vii) If located in the shore yard shall be located at least 5 five feet from the side property line and 75 feet from the ordinary high-water mark. m) Structures. (Including but not limited to enclosures, porches, decks, gazebos, and stairways.)

i) The structure shall be freestanding in its construction. A nonpermanent weather/storm seal may be used to adjoin the camping unit to the enclosure, deck, and/or gazebo. Structures shall be required to maintain the interior setback requirements as listed above.

ii) HVAC, plumbing, and electrical shall be subject to all applicable codes.

iii) Height not to exceed 17 feet or the height of the ridge line of the camping unit’s original roof, whichever is less. A combination of structures not to exceed the size/square footage of the existing camping unit is permitted subject to meeting setback requirements. n) Maintenance. It shall be a condition on the granting of a permit for the camping area, and the continuing condition for the operation of the same, that:

i) Drainage of the area shall be maintained and camping units placed on well drained ground.

ii) Required yards shall be maintained.

iii) Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

iv) Roadways, walkways, and parking areas shall be maintained.

v) All requirements of Chapter DHS 178 of the Wisconsin Administrative Code shall be met and maintained. o) Permit renewal. Any conditional use permit issued for a planned campground development, including permits issued to existing operations, shall be in effect for a one-year period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the Plan Commission after a public hearing. p) Existing operations. All existing campground operations shall be required to register with the Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership date, maps showing existing campground layout, and such other data as may be necessary to enable the Zoning

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Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any site within the existing operation which does not comply with this registration requirement shall be required to meet current ordinance requirements.

8) Cultural activities. Cultural activities such as aquariums, art galleries, botanical gardens, arboreta, historic and monument sites, libraries, museums, planetaria, and zoos in the P-1, P-2, and B-5 districts.

9) Amusement activities. Amusement activities such as fair grounds, roller skating rinks, go-cart tracks, race tracks, and recreation centers in the P-1 and B-5 districts.

10) Public assembly uses. Public assembly uses such as amphitheaters, arenas, field houses, gymnasiums, natatoriums, auditoriums, exhibition halls, music halls, legitimate theaters, motion picture theaters, and stadiums in the P-1, P-2, B-2, B-3, B-4 and B-5 districts.

11) Commercial stables. Commercial stables in the A-2, C-2, P-1, P-2, and B-5 districts.

12) Sports activities. Archery ranges, golf driving ranges, firearm ranges, sports fields, polo fields, and skating rinks in the P-1, P-2 and B-5 districts.

13) Commercial recreation facilities, Commercial recreation facilities such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, race tracks, rifle ranges, Turkish baths, skating rinks, and theaters in the B- 2, B-3, B-4 and B-5 business districts.

14) Storage facilities. Off-season storage facilities for boats and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes in the B-1, B-2, B-3, B- 4, M-1, M-2, and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Plan Commission after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

15) Lodging facilities. Hotels, motels, and bed and breakfasts in the B-1, B-2, B-3, B-4, and B-5 districts.

Sec. 27-82. Residential and Related Uses.

Except where specifically permitted as a principal use in Division 3, the following residential and quasi- residential uses shall be conditional uses and may be permitted as specified.

1) Conservation development design. Conservation development design projects existing at the effective date of this ordinance that were previously approved under Walworth County zoning regulations are conforming conditional uses.

2) Planned unit developments in all districts, provided that no planned unit development shall be approved which includes residential uses not permitted as a principal use in the given district. The district regulations, excluding exterior district setback requirements, may be modified provided that adequate open space shall be provided so that the average intensity and density of land use shall be

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no greater than that permitted for the district in which it is located. The proper preservation, care, and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions.

3) The following district regulations may be modified by the Plan Commission but never below the following minimums:

Area Minimum of 2/3 of the minimum lot area for the district in which Area (sewered) located

Area (unsewered) Minimum 20,000 sq. ft. and adequate sanitation

Width Minimum of 2/3 of the minimum lot width for the district in Width (sewered) which located

Width Minimum consistent with conservation design standards or 2/3 of (unsewered) the minimum lot width for the district in which located

Street: Yards Minimum 10 feet (Interior)

Rear Minimum 5 feet or 10 feet separation

Side Minimum 5 feet or 10 feet separation

4) Fraternities, lodges, and meeting structures of a noncommercial nature in the R-4 residential and all business districts provided all principal structures and uses are not less than 25 feet from any lot line.

5) Rest Homes, nursing homes, home for the aged, clinics, and children's nurseries or day care centers in the R-4 residential and all business districts provided all principal structures and uses are not less than 50 feet from any lot line.

6) Barbering and beauty culture operations in all residential districts, not to exceed 25 percent of the total floor area. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building.

7) Home occupations in the A-1, A-2, A-3, R-1, R-2, R-2A, R-3, and R-4 districts, not to exceed 25 percent of the area of any floor of a building on the parcel. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building or parcel, may include employees, and stock and trade may be kept or sold from the premises after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance.

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8) Mobile homes in the A-1, A-2 and A-3 districts when necessary and essential to the principal or conditional permitted use.

9) Two-family dwellings and multi-family dwellings in the R-4 residential district.

10) One residential dwelling unit in the B-1, B-2, B-3 and B-4 business districts when located detached from the principal business structure. This provision is established to provide Plan Commission review of detached residences that existed prior to 1994 and for special circumstances where a residence cannot be located within the primary business structure.

11) Model apartments and homes in all residential districts subject to the following:

a) Models may be located in all new subdivisions for a period not to exceed three years from the date of issuance of a zoning permit.

b) Models shall not be used as a real estate office other than incidental to showing the model dwelling.

c) Models shall be designed in such a manner as to blend with existing neighborhood environments.

d) Models shall not be open beyond 9:00 p.m.

e) One sign may be permitted provided, however, that it is no larger than four feet by six feet and further provided that, in the event that said sign is lighted, there is no flashing or traveling lights associated with said sign.

f) Models shall be completely landscaped and have a paved driveway within one year from the date of issuance of the zoning permit.

g) No parking lots shall be created that would not normally be found in a single-family development.

h) Sufficient parking shall be provided in model home driveways and may be provided on subdivision roads, but in no case shall the parking be allowed on any federal, state, county or village highway. Any parking on subdivision roads shall be done in such a manner as to minimize congestion to the surrounding neighborhood.

12) Bed and breakfast establishments in the A-2, A-3, A-5, C-2, C-3, R-1, R-2, and R-2A districts provided the owner of the bed and breakfast establishment resides in the establishment. No bedrooms shall be permitted to be located in an accessory structure. No bed and breakfast establishment shall have more than four bedrooms or shall be rented to no more than a total of ten tourists or transients. Individual rentals shall not exceed 14 consecutive days in length. No retail sales shall occur in a bed and breakfast establishment. No meal except breakfast is served and the breakfast is provided only to lodgers. The establishment was originally built and occupied as a single-family residence or, prior to the use as a place of lodging, was converted to use and occupied as a single-family residence. One exterior advertising sign, not exceeding nine square feet in area, may be erected on the premises.

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Sec. 27-83. Commercial and Related Uses.

Except where specifically permitted as a principal use in Division 3, the following commercial and related uses shall be conditional uses and may be permitted as specified.

1) Drive-in theaters in the B-2 and B-5 districts provided that a planting screen at least 25 feet wide is created along any side abutting a residential district.

2) Drive-in establishments serving food or beverages for consumption outside the structure in the B-2, B-3 and B-4 districts.

3) Funeral homes in the B-2 district provided all principal structures and uses are not less than 25 feet from any lot line.

4) Drive-in banks in the B-2 and B-4 districts.

5) Vehicle sales, service, washing, and repair stations, gasoline service station, garages, taxi stands, and public parking lots, in all business districts. Car wash facilities shall be installed in such a manner as not to cause spray or run-off water to encroach upon any adjoining properties or public right-of-ways.

6) Boats and marine supplies, not including manufacturing, bait shops; taverns; bars, restaurants; swimming beaches; bath houses; and yachting clubs in the B-3 waterfront business district.

7) Automobile and truck retail services. Automobile repair services; bars, taverns, restaurants, night clubs, and dance hall; gasoline service stations; gifts, novelty and souvenir sales; service, and installation of tires, batteries, and accessories in the B-4 highway business district.

8) Planned commercial recreation facilities in the B-5 planned commercial recreation business district, including aircraft landing and takeoff fields; amusement parks and miniature golf courses; boat rentals and boat access sites; campgrounds; dance halls; restaurants, taverns, bars, night clubs; drive-in movies; dude ranches; fair grounds; health and recreational resorts; retail sales of antiques, books, cameras, and photographic supplies; candy, nut, and confectionery; china, glassware, and metalware, cigars, cigarettes, and tobacco, flowers, fur apparel, gifts, novelties, and souvenirs, jewelry, men's and boy's clothing and furnishings, music supplies, newspapers and magazines, shoes, sporting goods, stationery, toys, women's and girl's clothing and furnishings, and drug stores; personal services, including artists services, barber services, beauty services, dry cleaning, photographic studios, shoe repairing cleaning services, custom tailoring, and travel arranging services; go-cart tracks; golf courses and related facilities; hotels and motels; penny arcades; race tracks; riding stables; roller skating rinks; skiing and tobogganing; snowmobile trails; swimming beaches; skeet, trap, and rifle ranges; and single-family and multiple-family dwelling units when located on the same site with health or recreational resorts, provided that the transfer of any dwelling units may only include therewith a fractional interest in the site on which the dwelling unit is located.

9) Business directory signs exceeding three per business in all agricultural districts.

10) Flea markets in the A-4, B-2, B-3 and B-4 districts.

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11) Commercial greenhouse in the A-4, C-2 (outside primary environmental corridors), and B-4 districts.

12) Hotels, motels, and tourist courts in the B-3, B-4, and B-5 districts.

13) Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2, and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Plan Commission after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

14) Restaurants, supper clubs, bars, taverns, clubs, and stores licensed to sell alcoholic beverages in the B-1, B-2, B-3, B-4, and B-5 districts.

15) Any other specific retail store establishment, with Planning and Zoning Commission and Full Board approval. (Ord No. 2015-O-08)

Sec. 27-84. Industrial and Related Uses.

Except where specifically permitted as a principal use in Division 3, the following industrial and related uses shall be conditional uses and may be permitted as specified.

1) Sewage disposal plants in nonresidential districts.

2) Pea vineries, creameries, and condenseries in the A-4 and M-2 districts.

3) Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lamp-black, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish in the M-2 district.

4) Manufacturing, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar, and yeast in the M-2 district.

5) Manufacture and bottling of alcoholic beverages in the M-2 district.

6) Bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generating plants; electroplating, enameling; forges; foundries; garbage; incinerators; lacquering; lithographing; offal, rubbish or animal reduction, oil, coal, and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stock-yards; tanneries; and weaving in the M-2 district.

7) Outside storage and manufacturing areas in the M-1 and M-2 districts.

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8) Wrecking, junk, demolition, automobile salvage yards and scrap yards in the M-2 district subject to the following regulations and such other regulations as the village Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a) Location. Every wrecking, junk, demolition, automobile salvage yard or scrap yard shall be located at least 1,000 feet from the boundary of any residential or park district or the B-1 business district, and shall further be located at least 1,000 feet from the nearest residence, not including the residence of the owner or operator of the yard.

b) Street yard. No wrecking, junk, demolition, or scrap yard operation shall be conducted within 150 feet of any existing or proposed street, road, or highway right-of-way line.

c) Screening. Every wrecking, junk, demolition, or scrap yard shall be surrounded by a suitable fence or dense evergreen planting screen which shall completely prevent a view of the yard operations from any other property or public right-of-way. Such fence or screen shall be at least six feet in height and shall have no openings more than two inches in width other than approved entrances or exits. Such fence or screen shall be kept in proper repair at all times.

d) Operations. All junk, scrap, salvage, and other material shall be kept within the fence or screen, but shall not be piled against it.

e) Permit renewal. Any conditional use permit issued for a wrecking, junk, demolition, or scrap yard, including permits issued to existing operations, shall be in effect for a one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the village Plan Commission after a public hearing.

f) Existing operations. Within 60 days after the effective date of this ordinance, all existing wrecking, junk, demolition, and scrap yards in a village shall be required to register with the Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in Sections 27-47 and 27-48. Notwithstanding the foregoing, however, the Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

g) Revocation of permit. Upon the complaint of the Zoning Administrator or any interested person, the Plan Commission shall hold a public hearing to determine whether a wrecking, junk, demolition, automobile salvage yard or scrap yard permit shall be revoked, notice of such hearing to be given to all interested parties. After such public hearing, the Plan Commission may order the permit revoked if evidence presented at such hearing discloses that the provisions of this ordinance are being willfully violated.

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9) Commercial service facilities, such as restaurants and fueling stations, in the M-1 and M-2 districts provided all such services are ancillary and oriented toward industrial district users and employees and other users are only incidental customers.

10) Living quarters for watchmen or caretakers in the M-1 and M-2 industrial districts and the A-4 agricultural district.

11) Building contractor storage yards in the B-2, M-1, M-2, and A-4 districts.

12) Electric power generation plants in the M-2 district.

13) Signage provisions under Section 27-86 for on-premise signs in the M-1, M-2, M-3, and M-4 zoning districts may be modified by the Plan Commission but no sign shall be closer than five feet to any property line.

14) Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes in the B-1, B-2, B-3, B-4, M-1, M-2, and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Plan Commission after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

Sec. 27-85. Public and Semi-Public Uses.

Except where specifically permitted as a principal use in Division 3, the following public and semi-public uses shall be conditional uses and may be permitted as specified.

1) Airports, airstrips, and landing fields, excluding heliports, in all agricultural districts and the P-2 and B-5 districts, provided, in the A-1 district, the same is related to agricultural activities, including those which are used to assist the owner or operator with a means of transportation to and from the property, and provided further that the site area is not less than 20 acres.

2) Heliports in all agricultural districts and the P2, B-2, and B-5 districts, provided that in the A-1 district, the same is related to agricultural activities, including those which are used to assist the owner or operator with a means of transportation to and from the property, and provided further that the principal structures and uses are not less than 100 feet from any residential district boundary.

3) Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all districts.

4) Utilities in all districts provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial which will require a 10 foot setback. Utilities required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit.

5) Public passenger transportation terminals such as bus, taxi, and rail depots, except airports, airstrips, and landing fields, are allowed in the B-2, B-3, and B-4 districts, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.

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6) Public, parochial, and private elementary and secondary schools in all residential, business, agricultural, and park districts, provided the lot area is not less than 2 acres and all principal structures and uses are not less than 50 feet from any lot line.

7) Churches in all residential, business, agricultural, and P-1 districts, provided the lot area is not less than 2 acres and all principal structures and uses are not less than 50 feet from any lot line.

8) Sanitariums; religious, charitable, penal and correctional institutions, cemeteries, and crematories in the P-2 and B-2 districts, provided all principal structures and uses are not less than 50 feet from any lot line.

9) Hospitals in the B-2, B-3, and B-4 districts provided all principal structures and uses are not less than 50 feet from any lot line.

10) Lake management facilities and activities including equipment and vehicles used in lake weed harvesting and off loading activities in the P-1 and P-2 districts.

Sec. 27-86. Mineral Extraction and Related Uses.

1) Mineral extraction related uses in the M-3 Mineral Extraction District, including aggregate or ready-mix plants; clay, ceramic, and refractor minerals mining; crushed and broken stone quarrying; mixing of asphalt; nonmetallic mining services; processing of top soil; sand and gravel quarrying; washing, refining, or reprocessing of rock, slate, gravel, sand, or mineral; and the extension of any existing mineral extraction related uses.

2) All of the above stated mineral extraction and related uses shall be subject to the following regulations and such other regulations as the Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a) Plat of survey. Submittal of a plat of survey showing, as appropriate, the data and information set forth in Section 27-58, topographic data (minimum contour interval of five feet vertical), existing natural resource base data, the location of existing and proposed access roads, the depth of existing and proposed excavations, and an approved reclamation plan.

b) Operations plan. Submittal of an operations plan, including at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of water to be used; a description of proposed noise and dust control procedures; reclamation plan, and proposed hours of operation.

c) Restoration plan. Submittal of a restoration plan, which shall include all pertinent data related to proposed restoration of the site. Elements of the plan may include identification of natural features to be protected, proposed final contours (minimum contour interval of five feet vertical), type of fill, depth of restored topsoil, planting or reforestation, sodding or seeding, timing and completion data, or any other data applicable to the subject site. The restoration plan shall conform to the standards specified by the applicable conservation standards.

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d) Permit duration. Any conditional use permit issued for a mineral extraction or related use under this section shall be in effect for a time period that shall be specified on the approved operations plan. Any variances in operations from those specified under the operations plan, or any expansion of an approved mineral extraction site or operation, shall require a new conditional use permit in accordance with the procedures set forth in Sections 27-58 and 27-59. In this context, the term "expansion" shall refer both to new geographical areas of operation and to new or different operational methods and procedures.

e) Existing operations: Within 60 days after the effective date of this ordinance, all existing commercial mineral extraction uses in the village shall be required to register with the Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Notwithstanding the foregoing, however, the Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion. Noncommercial mineral extraction sites where all extracted material is used on-site by the property owner are exempt from the foregoing registration requirement.

Sec. 27-87. Sanitary Landfill Uses.

1) Sanitary landfill operations and incinerators in the M-4 Sanitary Landfill District. All such operations shall be subject to the following regulations and such other regulations as the Plan Commission may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

a) Uses to comply with Wisconsin Administrative Code, applicable state statutes and Walworth County Solid Waste Management Plan. All sanitary landfill operations must be conducted in strict accordance with the provisions of the Wisconsin Administrative Code and Wis. Stats. Ch. 289. Any proposal must also demonstrate its compatibility with the Walworth County Solid Waste Management Plan.

b) Plat of survey. Applicants shall submit a plat of survey showing, as appropriate, the data and information set forth in Section 27-58, topographic data (minimum contour interval two feet), existing natural resource base data, the location of existing and proposed excavation and fills. Subsurface investigation: Including subsoil description and groundwater depth and movement.

c) Operations plan. All applications shall submit an operations plan that shall include at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of the water to be used; a description of proposed leachate, litter, noise, rodent and dust control procedures; and proposed hours of operation.

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d) Restoration plan. All applications shall submit a restoration plan showing at least proposed contours (minimum contour interval of two feet), a type of fill depth of restored topsoil, planting or reforestation, and timing and completion date.

e) Permit renewal. Any conditional use permit issued for a use permitted in this section, including permits issued to existing operations, shall be in effect for a specified time period, but not to exceed two years. Such permit may be renewed upon application for successive periods, not to exceed two years each. Modifications to previous conditions or additional conditions may be imposed upon application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the village Plan Commission after a public hearing.

f) Existing operations. Within 60 days after the effective date of this ordinance, all existing sanitary landfill operations in a village shall be required to register with the Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operations only. Notwithstanding the foregoing, however, the Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

Sec. 27-88. Recycling Facilities.

1) Recycling facilities in the P-1, P-2, M-1, M-2, M-3, and M-4 Districts. Recycled materials are not to be stored longer than six months on property. Materials are to be containerized or stored in buildings. The following information will be required as part of the conditional use application:

a) A legal description of the property and the facility boundaries.

b) The present ownership of the proposed facility property.

c) Surrounding land uses.

d) The area served, including population.

e) The consistency of facility development with area wide solid waste plans and land use plans.

f) The types of vehicles and access routes used to transport solid waste to and from the facility.

g) The persons responsible for facility construction and operation.

h) Any additional procedures for the control of dust, odors, fire, vermin, insects, rodents, filth, and windblown materials, if appropriate.

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i) The names and locations of all solid waste disposal facilities at which solid waste will be disposed.

j) Overall facility layout.

k) Potential markets for the recyclables.

l) A timetable for construction and operation.

m) The tentative operating schedule for the facility.

n) Provisions for protection of groundwater and surface waters during facility construction and operation.

o) An estimate of the quantities and characteristics of the waste to be processed.

p) A discussion of operating personnel responsibilities; hours of operation; methods of controlling fire, odors, and windblown materials; methods of controlling access; persons responsible for operation and record keeping; names of facility licensee and owner; record keeping; and names and locations of solid waste disposal facilities at which any waste generated by the recycling operation will be disposed.

Sec. 27-89. Revocation of Conditional Use Permits.

1) Basis for revocation. The Plan Commission may revoke a conditional use permit upon making one of the following findings:

a) The owner/applicant of such site fails to comply with the requirements of this ordinance as it existed at the time of the issuance of the conditional use permit.

b) The owner/applicant has failed to comply with the conditions of approval imposed.

c) If the Plan Commission approved the conditional use for a specified amount of time with a known expiration date, then the conditional use shall be automatically revoked upon passing of the expiration date without implementation of the revocation process. The property owner may petition for an extension of the conditional use prior to the expiration date.

d) Conditional use permits that have not been actively exercised on a yearly basis since issuance may be subject to dismissal without prejudice. Dismissal without prejudice shall occur without implementation of the revocation process. In order to dismiss a conditional use without prejudice the Zoning Administrator or designee shall provide certified notice to the current property owner indicating dismissal of the conditional use shall occur after 60 days of the notice. The notice shall state that the dismissal is the result of the owner's failure to actively exercise the conditional use activity on a yearly basis. The property owner may contest the dismissal by providing a written request of appeal before the village Plan Commission within 30 days of the notice issuance. It shall be the responsibility of the property owner to verify the continued conditional use activity on a yearly basis before the village Plan Commission. The owner shall be required to pay an associated review fee as established by the village Plan Commission. Conditional use permits for livestock operations may be dismissed without prejudice according to the same notice procedure stated above if

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the permit holder fails to do the following within two years after issuance: begin populating the new or expanded livestock facility; begin construction on all of the new structures proposed by the permit.

2) Revocation process

a) The owner/applicant of such site shall be notified by certified mail of noncompliance by the Zoning Administrator.

b) The owner/applicant shall comply with such notice within 30 days to the satisfaction of the Zoning Administrator.

c) If compliance is not obtained within 30 days, the Zoning Administrator shall notify the Plan Commission of the noncompliance and request permission to proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.)

d) The Zoning Administrator shall petition the Village Board for a public hearing before the Plan Commission following publication of a class 2 notice in the legal newspaper of the Village of Bloomfield.

e) A copy of a hearing notice shall be mailed certified to the owner of record of the property at least two weeks prior to the hearing date.

f) In compliance with the procedures of a conditional use hearing, a written decision of the Plan Commission will be made.

Sec. 27-90 through Sec. 27-99. Reserved for Future Use.

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DIVISION 7. TRAFFIC, PARKING AND ACCESS

Sec. 27-100. Traffic Visibility.

No obstruction such as structures, parking or vegetation shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located 15 feet from their point of intersection.

In the case of arterial streets, intersections, or railway intersections, the corner cutoff distances establishing the triangular vision clearance space are to be increased to 25 feet along each right-of-way line from their point of intersection.

Sec. 27-101. Loading Requirements.

In all districts adequate loading areas shall be provided and located so that all vehicles loading, maneuvering, or unloading are completely off the public ways and so that vehicles need not back onto any public way.

Sec. 27-102. Parking Requirements.

In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:

1) Number of Parking Stalls

Single-family dwellings 2 stalls for each dwelling

Mobile homes 2 stalls for each mobile home

Multi-family dwellings 1.5 stalls for each dwelling unit

1 stall for each guest room plus 1 stall for Hotels, motels each 3 employees

Hospitals, clubs, lodges, sororities, dormitories, 1 stall for each 4 beds plus 1 stall for each lodgings and boarding houses. 3 employees

1 stall for each 4 beds plus 1 stall for each Sanitariums, institutions, rest and nursing homes 3 employees

Medical and dental clinics 3 stalls for each doctor

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Churches, theaters, auditoriums community centers, vocational and night schools, and 1 stall for each 5 seats other places of public assembly.

Restaurants, bars, places of entertainment, 1 stall for each 150 square feet of floor area repair shops, retail and service stores

Manufacturing and processing plants, 1 stall for each 3 employees on the shift with the laboratories, and warehouses maximum number of employees

Financial institutions; business, 1 stall for each 300 square feet of floor area governmental, and professional offices

Funeral homes 1 stall for each 4 seats

Bowling alleys 5 stalls for each alley

Housing for the elderly 1 stall for each dwelling

Unit plus 1 stall for every eight units for guest

parking

Colleges, high schools 1 stall per employee plus 1 stall per 5 students

Elementary, middle schools 1 stall per employee

Trade schools 1 stall per 2 students

Plus 1 stall per employee and/or teacher

Day care 1 stall per staff member

Plus 1 stall per 5 students plus 1 space per facility

vehicle

Bed and breakfast 1 stall for each guest

Commercial riding stables 1 space for each four stalls

Commercial feed lots 1 stall per employee on largest shift

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1 stall per employee on largest shift and 6 stalls per Golf course golf hole, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurants)

1 stall per employee on largest work shift and 1 stall Golf driving range per tee

Home occupation 2 stalls in addition to requirement for residence

Model homes 4 spaces per model

Beauty salons, barber 3 spaces per chair

2) In the case of structures or uses not mentioned, the provisions for a use which is similar shall apply.

3) Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.

4) Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 10 feet wide for 1-and 2-family dwellings, at least 12 feet wide for commercial bed and breakfast establishments and at least 24 feet wide for all other uses.

5) Size of each parking space shall be not less than 180 square feet exclusive of the space required for ingress and egress.

6) Location to be on the same lot as the principal use, or on a lot not over 400 feet from the principal use. Parking stalls and interior driveways located in the A-4, P-1, P-2, R-4, B-1, B-2, B-3, B-4, B- 5, M-1, and M-2 districts shall be located at least 25 feet from any public right-of-way. No parking stall or driveway is permitted within the shore yard.

7) All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

8) Curbs and barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

9) Uses existing on the effective date of this ordinance which do not have the required amount of parking space shall not further reduce said space; and no expansion of the use shall be permitted, unless additional parking spaces in compliance with the setback requirements and equal to the parking requirement for the expansion are provided as part of the expansion.

10) Whenever an existing use of a lot is hereafter proposed to be changed to a use having greater parking requirements, the applicant shall provide additional parking spaces in compliance with the setback requirements and equal to the difference in required parking spaces between the existing use and the proposed use.

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11) Parking areas existing on the effective date of this ordinance which do not meet the setback requirements may be continued as established. Once the parking area has been changed so as to comply with the provisions of this ordinance, it shall not revert back. If the parking area is discontinued or terminated for a period of 12 months, any future use shall conform to the provisions of this ordinance.

Sec. 27-103. Driveways.

1) All driveways installed, altered, changed, replaced, or extended after the effective date of this ordinance shall meet the following requirements:

a) Openings for vehicular ingress and egress shall not exceed 35 feet at the property line.

b) Vehicular entrances and exits to drive-in theaters, banks, and restaurants; motels, funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, hospital, park playground, library, or other place of public assembly.

Sec. 27-104. Highway Access.

1) No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, or to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

2) No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

a) Freeways, interstate highways, and their interchanges or turning lanes nor to intersecting or intersection streets within 1,500 feet of the most remote end of the taper of the turning lanes.

b) Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.

c) Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

d) Temporary access to the above rights-of-way may be granted by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.

Sec. 27-105 through Sec. 27-109. Reserved for Future Use.

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DIVISION 8. SIGNS

Sec. 27-110. Purpose.

Depending on their size, number and character, signs either provide useful information or detract from the quality of life for residents and attractiveness of the village municipality. Large and tall signs threaten scenic beauty and distract motorists. Therefore, the purpose of this division is to protect public health, safety and welfare and specifically to promote the safety of public travel on roads. In addition, it is the intent of the Village of Bloomfield to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety. This division is authorized, in part, by Wis. Stats. 60.62 and 62.23.

villageVillageSec. 27-111. General Requirements.

(1) All signs are prohibited in any zoning district, except as provided by ordinance.

(2) Back-to-back signs shall constitute one sign within the meaning of this Division.

(3) All parts of a sign shall meet the setbacks as provided herein.

(4) All signs are prohibited from being illuminated except those specifically provided for in this ordinance.

(5) No sign shall contain, include or be illuminated by a flashing or moving light or be composed of any animated part, except as exempted under law.

(6) Illuminated signs shall be effectively shielded so as to prevent beams of light from being directed on any adjoining property or portion of a street or road or to impair the vision of any motorist. All such signs shall conform to the electrical code.

(7) No sign shall resemble, imitate or approximate the shape, size, form or color of traffic or railroad signs, signals or devices. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(8) No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.

(9) No sign shall encroach in any street or highway right-of-way.

(10) In the case of signage not enumerated, the provision governing a sign that is similar shall apply.

(11) Billboards are prohibited within 2,000 feet of any state designated rustic road.

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(12) The owner of any sign shall keep it in sound condition, well maintained and in good appearance and repair and shall maintain the premises on which the sign is located in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish, refuse, debris and weeds. (13) Abandoned signs shall be promptly removed by the owner of the property upon which said abandoned sign is located. villageSec. 27-112. Existing Signs.

Signs lawfully existing at the time of the adoption or amendment of this Division may be continued although the use, size or location does not conform to the provisions of this Division. Such signs shall be subject to the nonconforming use or substandard structure provisions of Section 27-119 and Division 9, as applicable.

Sec. 27-113. Permit Required.

No person shall locate, erect, move, reconstruct, extend, enlarge, convert or structurally alter a sign without first obtaining a zoning permit, except as provided herein, and without being in conformity with the provisions of this article.

Sec. 27-114. Signs Permitted in All Zoning Districts.

The following signs may be erected, placed, posted or exhibited in any zoning district without a permit and subject to the conditions herein specified, and shall not be included in the determination of type, number or area of signs allowed in any zoning district:

1) Name, occupation and warning signs not over two square feet in area, provided the same is limited to one for each premise and the same is located at least five feet from the outer limit of the street or highway right-of-way.

2) Real estate signs, single or double faced, not over 9 square feet in area and 6 feet in height on property in residential zones and 32 square feet or less and 6 feet in height on property in nonresidential zones, provided there is no more than 1 sign for each premise and it is located at least 5 feet from the street or highway right-of-way, 10 feet from the side property lines and 50 feet from any intersection.

3) Directional signs not over 2 square feet in area provided such sign is located at least 50 feet from any intersection and 5 feet from the street or highway right-of-way. Each institution erecting such signs shall be limited to three in number.

4) "No Hunting" and "No Trespassing" signs provided the sign does not exceed two square feet in area.

5) Memorial signs, tablets, names of buildings and the date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

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6) Recreational signs within a village park not over nine square feet in area, six feet in height and located at least five feet from the street or highway right-of-way and ten feet from any intersection.

7) Any federal, state or local government sign, without limitation.

8) Official signs such as traffic control, parking restrictions, warning, information, and notices as required by law.

9) Window signs placed on the inside of commercial buildings provided such sign does not exceed 25 percent of the glass pane upon which the sign is displayed. Such signs may be illuminated and may be changeable copy when the building is open for business.

10) A sign appurtenant to a home occupation or daycare, limited to 1 one sign per parcel and provided said sign does not exceed 9 square feet in area and 6 feet in height, is located at least 5 feet from the street and highway right-of-way at least 10 feet from a side property line, and 50 feet from any intersection.

11) A sign appurtenant to a bed and breakfast establishment limited to 1 sign per parcel and provided that said sign does not exceed 9 square feet in area and 6 feet in height, is located at least 5 feet from the street and highway right-of-way, at least 10 feet from a side property line, and 50 feet from any intersection.

12) A sign appurtenant to a community-based residential facility limited to 1 sign per parcel and provided that said sign does not exceed 9 square feet in area and 6 feet in height, is located at least 5 feet from the road and highway right-of-way, at least 10 feet from a side property line, and 50 feet from any intersection.

13) Rummage/garage sale signs. Rummage or garage sale signs not to exceed 9 square feet in area and 6 feet in height, provided that such signs are limited to 72 hours per sale. A maximum of three such signs shall be allowed off premises.

14) Except as may be necessary to ensure traffic or pedestrian safety, the provisions of this Division do not apply to signs containing political messages erected on property during election campaign periods. Such signs shall not be located within 50 feet of an intersection. The person or organization responsible for the erection or distribution of any such sign and the owner of the property upon which the sign is located shall cause the same to be removed within 72 hours following the election campaign period.

Sec. 27-115. Signs Permitted in All Agricultural and Conservation Districts.

The following on-premise ground signs may be erected, placed or posted in the A-1, A-2, A-3, A-4, A-5, C-2, and C-3 districts without a permit and subject to the conditions herein specified:

1) Agricultural signs pertaining to the sale of products actually grown on a farm or to membership in agricultural or agricultural-related organizations which shall not exceed 24 square feet in area for any 1 sign, provided that no more than 2 signs are permitted on any 1 farm, shall not exceed 6 feet in height, such signs are located at least 5 feet from the street or highway right-of-way, are at least 10 feet from a side property line, such signs are more than 50 feet from any intersection, and are located on the same premises as the products for sale.

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2) An on-premise business sign on lands zoned A-4 reviewed and approved as part of a conditional use process provided the sign is located at least five feet from all property lines.

3) A sign appurtenant to an approved conditional use limited to 1 sign per parcel and does not exceed 9 square feet in area, is located at least 5 feet from the road right-of-way, at least 10 feet from a side property line, and shall not exceed 6 feet in height, and shall be located at least 50 feet from any intersection.

4) Seasonal signs not to exceed 9 square feet in area. Such signs shall be located at least 5 feet from the road right-of-way, at least 10 feet from a side property line, shall not exceed 6 feet in height, and shall be located at least 50 feet from any intersection.

Sec. 27-116. Temporary Signs or Banners.

The following signs may be placed, posted or exhibited in any zoning district without a zoning permit and subject to the conditions herein specified:

1) Construction announcement signs not to exceed 32 square feet in area and 6 feet in height which announce new subdivisions, new industrial parks and similar facilities, provided the sign is located on the premises where the new facility is located. One sign is permitted per facility and the sign is located at least 5 feet from the outer limits of the street or highway right-of-way, and at least 50 feet from any intersection. For the purposes of this provision, a temporary construction announcement sign is one that will be used for no more than one year;

2) A sign pertaining to drives or events of civic, philanthropic, educational, religious, or nonprofit organizations of not more than 12 square feet and 6 feet in height may be erected, placed, posted or exhibited in any district provided the sign is located at least 5 feet from the street or highway right-of-way and at least 75 feet from any intersection. For the purposes of this provision, a temporary drive or event sign is one that will be used for no more than 30 days and not more than 4 events per calendar year shall be allowed; events may not be consecutive and at least 30 days shall have elapsed between events.

Sec. 27-117. Signs Permitted in All Zoning Districts.

1) The following on-premise signs may be erected, placed or posted in all districts with a permit and subject to the conditions herein specified:

a) Churches or schools.

i) Signs shall not exceed 25 square feet in area.

ii) Signs shall be setback a minimum of five feet from all property lines.

iii) Signs shall be located at least 50 feet from any intersection.

iv) Signs shall not exceed six feet in height.

v) Changeable copy panels are permitted.

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vi) Only two permanent signs are permitted per church or school, only one of which may be a monument style sign and only one of which may be a wall or awning style sign. This wall sign may only display the name of the church or school.

vii) May be illuminated but shall be extinguished by 11:00 p.m.

viii) Score boards do not require permits and may only be illuminated during game times.

b) Permanent subdivision or development signs.

i) Signs shall not exceed 25 square feet in area.

ii) Signs shall be setback a minimum of five feet from all property lines.

iii) Signs shall be located at least 50 from any intersection.

iv) Signs shall not exceed six feet in height.

v) Only one sign which may be a monument style sign is permitted.

vi) Such sign shall only be used to identify the subdivision name.

2) Nonconforming business signs. Signs (including but not limited to changeable copy) over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length. Such signs may be illuminated only when the building is open for business.

Sec. 27-118. Signs Permitted in Certain Business, Industrial and Park Districts.

The following illuminated and changeable copy on-premise signs may be erected, placed or posted in all B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, M-4, P-1, and P-2 districts with a permit and subject to the conditions herein specified, unless reviewed and modified by the Plan Commission through the conditional use process:

1) Wall signs not exceeding 200 square feet in display area for any one premise.

2) Projecting signs not exceeding 100 square feet in display area on all sides for any one premise. Projecting signs shall be located not less than 10 feet from all lot lines, shall not extend more than 6 feet in any required yard, and shall not exceed 20 feet in height.

3) Freestanding signs, limited to one sign per parcel, provided the height of sign does not exceed 30 feet and further provided said sign is located no closer than 5 feet from a right-of-way, is no closer than 10 feet from a side lot line, 50 feet from any intersection, and does not exceed 100 square feet in display area on any 1 side nor 200 square feet in display area on all sides.

4) The following off-premise/billboard signs may be erected, placed or posted in all B-1, B-2, B-4, M-1, and M-2 districts, with a permit, and subject to the conditions specified herein. No billboard shall:

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5) Be located within 50 feet of the existing or proposed right-of-way of any federal, state or county trunk highway or any village road or any street measured horizontally along a line normal or perpendicular to the center of the highway.

6) Be located within a 2,000-foot radius of any other off-premises sign, within 2,000 feet of any intersection, within 2,000 feet of the property line of any airport, airfield or landing strip, within 2,000 feet of any state designated rustic road or within 2,000 feet of an allowable district boundary.

7) Exceed 15 feet in height above the mean centerline street grade and not exceed 32 square feet on one side, or 64 square feet on all sides of any one sign.

8) Notwithstanding the foregoing, in no case shall the total square footage of signage on any parcel exceed 400 square feet unless an on-premise sign is modified by the Plan Commission.

Sec. 27-119. Nonconforming Signs.

Signs eligible for characterization as legal nonconforming. Any sign located within the village limits on January 13, 2010 that does not conform with this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

1) The sign was covered by a proper sign permit prior to January 13, 2010.

2) If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on January 13, 2010.

3) Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:

a) The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this article than it was before alteration.

b) The sign is relocated.

c) The sign fails to conform to the village requirements regarding maintenance and repair, abandonment, or dangerous or defective signs.

4) Nothing in this article shall relieve the owner or use of a legal nonconforming sign or the owner of the property on which the sign is located from the sections of this article regarding safety, maintenance, and repair of signs.

Sec. 27-120. Wind Pressure and Dead Load Requirements.

All billboards, signs, and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the building code or other sections of this code.

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Sec. 27-121. Abandoned Billboards and Signs.

Except as otherwise provided in this article, all billboards and sign messages shall be removed by the owner or lessee of the premises upon which an off-premise sign/billboard is located when the business it advertises is no longer conducted where advertised. If the owner or lessee fails to remove the sign/billboard, the Village Board shall give the owner 60 days' written notice to remove such sign/billboard. Thereafter, upon the owner's or lessee's failure to comply, the village may remove such sign/billboard, the costs for which shall be charged to the owner of the property or may be assessed as a special assessment against the property, and the Village Board may take any other appropriate legal action necessary to attain compliance.

Sec. 27-122. Sign Illumination.

All illuminated sign applications require the applicant to provide the manufacturer’s specifications verifying compliance with the following illumination sign requirements:

(1) Electrical permits. All signs in which electrical wiring and connections are to be used shall comply with all applicable provisions of the State Electrical Code. No permit for the erection of a sign shall be granted prior to approval and issuance of a valid electrical permit for that sign.

(2) Voltage Displayed. The voltage of any electrical apparatus used in conjunction with a sign shall be conspicuously noted of that apparatus.

(3) Electrical illumination. A building or structure, along with signs, awnings and canopies attached to the building or structure, may be illuminated externally, provided that the light source is designed, located, shielded, and maintained in such a manner that it is fixed and not directly visible from any adjacent public rights-of-way or surrounding premises.

(4) Internal illumination. Internally illuminated signs shall permit light to shine fully through the lettering and graphic element of the sign. The background for such lettering and graphic shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics. If the contract between the lettering or graphic elements and background does not permit adequate legibility, a translucent white border of up to one inch in width may be place around said lettering or graphic elements.

(5) Brightness Limitation. In no instance shall lighting intensity of any illuminated sign exceed:

a. Three foot candles at the front lot line and one foot candle at all other lot lines, measured three feet above the surface of the ground.

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b. Seventy-five foot candles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign. When the sign is located on a lot adjoining a property used exclusively for residential purposes, this limit is reduced to fifty candles.

(6) Glare. All artificial illumination shall be designed, located, shielded, and directed so as to prevent the casting of glare or direct light upon adjacent public rights-of-way or surrounding property.

Sec. 27-123. Modification for an Off-Premise Sign Location

The Plan Commission may modify the location of an on-premise sign to an abutting parcel through conditional use review and approval. The Plan Commission shall first determine whether it is impractical to locate an on-premise sign on the parcel of concern and the proposed location on an abutting parcel must be next to the approved existing access to the parcel of concern. An on-premise sign on an approved abutting parcel shall not count as the on-premise sign for that parcel. The Plan Commission may also modify the height, setback and number of on-premise signs on abutting parcels after considering such evidence and need as may be presented at the public hearing bearing upon the general purpose and intent of this chapter and each institution erecting such signs shall be limited to three in number. A modified sign under this section shall meet all other requirements of the sign code.

Sec. 27-124. Enforcement and Penalties.

1) In addition to any penalty provided in this code, the Zoning Administrator shall have the authority to order the painting, repair, alteration or removal of any signs that become dilapidated, abandoned or a physical hazard to the public safety.

2) The Zoning Administrator shall also have the authority to immediately abate any sign of a physical hazard to public safety at the expense of the sign owner.

Sec. 27-125 through Sec. 27-129. Reserved for Future Use.

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DIVISION 9. PERFORMANCE STANDARDS

Sec. 27-130. Compliance.

This ordinance permits specific uses in specific districts, and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air, and waters shall hereafter, in addition to their use, site and sanitary regulations, comply with the following performance standards and all applicable standards set forth by the Wisconsin Departments of Commerce and Wisconsin Department of Natural Resources in the Wisconsin Administrative Code.

Sec. 27-131. Air Pollution.

No activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation, or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the Wisconsin Administrative Code.

Sec. 27-132. Fire and Explosive Hazards.

All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

Closed Cup Flash Point Gallons

Over 187 degrees F. 400,000

105 degrees F. to 187 degrees F. 200,000

Below 105 degrees F. 100,000

Sec. 27-133. Glare and Heat.

No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

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Sec. 27-134. Water Quality Protection.

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

In addition, no activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in NR Ch. 102 of the Wisconsin Administrative Code for all navigable waters in the village.

Sec. 27-135. Odors.

Except in the A-1, A-2, and A-3 districts, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside their premises. The guide for determining odor measurement and control is set out in the Wisconsin Administrative Code.

Sec. 27-136. Radioactivity and Electrical Disturbances.

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

Sec. 27-137. Vibration.

No activity in any district except the M-1 and M-2 districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1 or M-2 districts shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

Displacements (Inches)

Frequency (Cycles Per Second) Outside the Premises Outside the District

0 to 10 .0020 .0004

10 to 20 .0010 .0002

20 to 30 .0006 .0001

30 to 40 .0004 .0001

40 to 50 .0003 .0001

50 and over .0002 .0001

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Sec. 27-138 through Sec. 27-139. Reserved for Future Use.

DIVISION 10 NONCONFORMING USES, STRUCTURES, AND LOTS

Sec. 27-140. Existing Nonconforming Uses and Structures.

1) The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this ordinance may be continued although the use does not conform with the provisions of this ordinance, except that:

a) Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, substituted or moved.

b) Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50 percent of the assessed value of the structure over the life of the structure established upon application for the first zoning permit for any addition and/or alteration identifying a legal nonconforming use, unless it is permanently changed to conform to the use provisions of this ordinance.

c) Substitution of new equipment may be permitted by the board of adjustment if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.

d) If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this ordinance.

e) When a principal nonconforming structure is damaged by fire, explosion, flood or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the provisions of this ordinance.

f) Once a nonconforming use or structure has been changed or altered so as to comply with the provisions of this ordinance, it shall not revert back to a nonconforming use or structure. Once the board of adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board.

2) A current file of all nonconforming uses and structures shall be maintained by the Zoning Administrator listing the following: property location, use of the structure, land, or water and assessed value of the structure.

3) Any addition or structural change that alters the footprint of a nonconforming structure or a structure used for a nonconforming use shall require a zoning permit issued by the Zoning Administrator.

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Sec. 27-141. Existing Substandard Structures.

1) The use of a structure (principal and/or accessory) existing at the time of the adoption or the amendment of this ordinance may be continued although the structure's size and or location does not conform to the required yard, height, parking, loading, access, and lot area provisions of this ordinance.

2) Additions and enlargements to existing substandard structures (principal and/or accessory) are permitted and shall conform to the established building setback line of all side yard, street yard and rear yards, but may never be closer than five feet to any lot line, and shall conform to the required shore yard, height, parking, loading, and access provisions of this ordinance.

3) Existing substandard structures (principal and/or accessory) which are damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed to their original design (building envelope) and location (footprint), and any proposed additions and enlargements to the original design (building envelope) and/or location (footprint) shall conform with the established building setback lines of all side yard, street yard, and rear yards, but may never be closer than five feet to any lot line. Any proposed additions and enlargements shall conform to the required shore yard, height, parking, loading, and access provisions of this ordinance.

4) Existing substandard structures (principal and/or accessory) may be moved, removed, razed, and reconstructed, or replaced to their original design (building envelope) and location (footprint) and any proposed additions and enlargements to the original design (building envelope) and/or location (footprint) shall conform with the established building setback lines of all side yard, street yard, and rear yards, but may never be closer than five feet to any lot line. Any proposed additions and enlargements shall conform to the required shore yard, height, parking, loading, and access provisions of this ordinance.

5) The provisions of this section are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by public sanitary sewer.

Sec. 27-142. Changes and Substitutions.

Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with the yard, height, parking, loading, and access provisions of this ordinance, it shall not revert back to a nonconforming use or substandard structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for the existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and a substituted use shall become subject to all the conditions required by the board.

Sec. 27-143. Existing Substandard Lots.

In any residential, conservation, or agricultural district, a single-family detached dwelling and its accessory structures may be erected on an existing substandard legal lot or parcel of record in the Walworth County Register of Deeds Office before the effective date or amendment of this ordinance, provided such lot or parcel meets site regulation requirements of this ordinance, the sanitary ordinance of Walworth County, and the following minimum substandard lot requirements:

1) Lot area

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a) Sewered lot: Minimum 7,500 square feet.

b) Unsewered lot: Minimum 10,000 square feet.

2) Lot width

a) Sewered lot: Minimum 50 feet.

b) Unsewered lot: Minimum 65 feet.

3) Side yard

a) Sewered lot: Minimum 10 feet.

b) Unsewered lot: Minimum 16 percent of the lot width on each side but not less than 5 feet from the lot line.

4) Rear yard: Minimum 25 feet.

Sec. 27-144 through Sec. 27-149. Reserved for Future Use.

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DIVISION 11. EXCEPTIONS AND MODIFICATIONS

Sec. 27-150. Height Exceptions

The following uses and structures are accepted from the district height limitations provided elsewhere in this ordinance:

1) Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, substations, and smoke stacks, shall not exceed in height their distances from the nearest lot line.

2) Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this ordinance.

3) Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line. Utility cabinets shall be setback a distance equal to two times their height from the nearest lot line.

4) Agricultural structures, such as barns, silos, tanks, and windmills, shall not exceed in height two times their distance from the nearest lot line.

Sec. 27-151. Yard Exceptions

The following uses and structures are accepted from the yard requirements provided elsewhere in this ordinance:

1) Uncovered stairs, landings, terraces, balconies, decks, and fire escapes may project into any required yard, except shore yard, but not to exceed six feet and not closer than three feet to any lot line.

2) Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard but such projection shall not exceed three feet.

3) Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed ten feet in height, shall not be closer than two feet to any existing public right-of- way, and shall be of an open type similar to woven wire or wrought iron fencing. Screening for garbage containers of a closed fence type may be permitted in all business, industrial, and park districts, except provided it does not exceed six feet in height, is not located in the street yard, and shall not be closer than ten feet to a property line.

4) Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this ordinance.

5) Landscaping and vegetation are exempt from the yard requirements of this ordinance, except with respect to maintenance of traffic visibility as provided in Sec. 27-100.

6) Utility cabinets shall be setback a distance equal to two times their height from the nearest lot line

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Sec. 27-152. Reduced Street Yard Setback Exceptions

Additions in the street yard of existing structures may be permitted but shall not project beyond the average of the existing street yards on the abutting lots or parcels.

Sec. 27-153. Average Street Yard Exceptions

The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting principal structures on each side .

Sec. 27-154. Noise Exceptions

Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this ordinance.

Sec. 27-155. Reduced Side Yard Exceptions

The side yards may be modified down to a minimum of 16 percent of the lot width on each side for any lots having a lot width of less than 100 feet, but in no case shall it be less than 5 feet. This modification applies to unsewered districts only.

Sec. 27-156. Parking Requirement Exceptions and Modifications.

1) The Plan Commission may authorize exceptions to the parking standards or other requirements of Section 27-102 where the applicant can demonstrate that the proposed use will generate less parking demand than the parking standard requirements, or where an exception from the requirements would result in a site plan and development that would benefit the village and be consistent with the intent of this ordinance. An applicant requesting an exception to the parking requirements shall be required to demonstrate and document the projected parking demand based on an analysis of similar or comparable uses.

2) The Plan Commission may require additional parking stalls where it is determined that the proposed use is likely to generate a demand for more parking stalls than this chapter would require.

3) In granting exceptions to the parking standards, the Plan Commission may grant conditional exceptions, subject to future review and reconsideration.

Sec. 27-157 through Sec. 27-159. Reserved for Future Use.

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DIVISION 12. PROCEDURAL REGULATIONS

Sec. 27-160. Purpose of Procedural Regulations.

The purpose of this Division is to establish the procedural requirements for reviewing applications for zoning text or map amendments, conditional use, site plan approvals, certificates of occupancy, variances, and appeals of interpretations by the Zoning Administrator.

Sec. 27-161. Procedures for Amending the Ordinance Text or Map Procedures.

1) Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed text or map amendments to provisions of this ordinance.

2) Initiation of Request for Amendment to this Ordinance. Proceedings for amendment of the text or map of this ordinance may be initiated by any one of the following:

a) An owner(s) of the subject property, or their legally authorized representative(s).

b) A member of the Plan Commission.

c) A member of the Village Board.

3) Application Requirements. All applications for proposed amendments to the ordinance text or the zoning map, regardless of the party of their initiation, shall be made on application forms provided by the Zoning Administrator and shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. No notice of public hearing or placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

4) Staff Meeting. Once the application is approved as complete by the Zoning Administrator, the Zoning Administrator may schedule a meeting with village staff a minimum of two weeks from the date of complete application acceptance. Prior to any staff meeting on the site plan application, the Zoning Administrator shall forward copies of the complete application to all of the pertinent village staff.

5) Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator who shall prepare a report addressing the following:

a) The Zoning Administrator shall evaluate the application to determine whether it is consistent and in harmony with the intent and purposes of this ordinance.

b) The Zoning Administrator shall evaluate the application to determine whether the requested text amendment is in harmony with the Village of Bloomfield Comprehensive Plan,

c) The Zoning Administrator shall evaluate whether the proposed amendment maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

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d) The Zoning Administrator’s report shall include relevant comments on the application from other village staff or departments.

e) Zoning Administrator’s Report. The Zoning Administrator shall forward the report to the Plan Commission for the Commission’s review and use in making its recommendation to the Village Board.

6) Review and Recommendation by the Plan Commission. The Village Board shall not make an amendment to this ordinance without allowing for a public hearing and recommendation from the Plan Commission per the provisions of this section.

a) The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the amendment application. The applicant shall appear in person or be represented by an agent and/or an attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7) (d) of the Wisconsin Statutes.

b) Within 60 days after the public hearing, the Plan Commission shall make a recommendation to the Village Board, and shall state in the minutes its findings and recommendation.

c) If the Plan Commission fails to make a report within 60 days after the filing of said complete application, the Village Board may proceed to act on the application. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board.

7) Review and Action by Village Board. The Village Board shall consider the Plan Commission’s recommendation regarding the proposed text amendment. The board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the applicant.

a) The Village Board shall schedule a public hearing to consider the application within a reasonable time period after receipt of the written recommendation from the Plan Commission. Notice of the proposed text amendment and the public hearing shall conform to the requirements of Section 62.23(7) (d) of the Wisconsin Statutes.

b) The Village Board may take final action on the application at the time of public hearing or may continue the proceedings. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. If the Village Board wishes to make significant changes in the proposed amendment, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7) (d) of the Wisconsin Statutes shall be followed prior to the village action.

c) When the Village Board takes action on the application, it shall state in the minutes and/or in the recitals of the adopting ordinance its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed text amendment outweigh any and all potential adverse impacts of the proposed amendment, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission. Any action to amend the ordinance text or map requires a majority vote of the Village Board. The Village Board’s approval of the requested amendment shall be

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considered the approval of a unique request and shall not be construed as precedent for any other proposed amendments to provisions of this ordinance.

8) Effect of Denial: No amendment application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Sec. 27-162. Conditional Use Permit Review and Approval Procedures.

1) Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and actions on proposed conditional use permits.

2) Initiation of Request for Approval of a Conditional Use Permit. Proceedings for approval of a conditional use permit must be initiated by owner(s) of the subject property or their legally authorized representative(s).

3) Application Requirements. All applications for conditional use permits shall be made on application forms provided by the Zoning Administrator and shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. No notice of public hearing or placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

5) Review by the Zoning Administrator. The proposed conditional use permit application shall be reviewed by the Zoning Administrator who shall prepare a report addressing the following:

a) The Zoning Administrator shall evaluate the application to determine whether it is consistent and in harmony with the intent and purposes of this ordinance.

b) The Zoning Administrator shall evaluate the application to determine whether the requested text amendment is in harmony with the Village of Bloomfield Comprehensive Plan.

d) The Zoning Administrator’s report shall include relevant comments on the application from other village staff or departments.

e) The Zoning Administrator shall forward the report to the Plan Commission for the Commission’s review and use in making its recommendation to Village Board.

6) Review and Recommendation by the Plan Commission. The Village Board shall not approve issuance of a conditional use permit without allowing for a public hearing and recommendation from the Plan Commission per the provisions of this section.

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a) The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application. The applicant shall appear in person or be represented by an agent and/or an attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes.

b) Within 60 days after the public hearing, the Plan Commission shall make a recommendation to the Village Board and shall state in the minutes its findings and recommendation.

c) When the Plan Commission recommends an affirmative action on the application, it shall state in its recommendation action its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use sufficiently outweigh any and all potential adverse impacts of the proposed conditional use. Any action to recommend approval of a proposed conditional use shall be considered a recommendation on a unique request and shall not be construed as precedent for any other proposed conditional use.

d) If the Plan Commission fails to make a report within 60 days after the filing of said complete application, the Village Board may proceed to act on the application. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board.

7) Review and Action by Village Board. The Village Board shall consider the Plan Commission’s recommendation regarding the proposed conditional use permit. The board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the applicant.

a) The Village Board shall consider the conditional use permit application at its next regularly scheduled meeting, after receiving a recommendation on the application from the Plan Commission.

b) The Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, may deny approval of the proposed conditional use, or may approve the conditional use as either a regular or limited conditional use. If the Village Board wishes to approve significant changes in a proposed conditional use which result in more development than proposed at the time of public notice, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to final Village Board action.

c) When the Village Board takes affirmative action on the application for a conditional use permit, it shall state in the adopting resolution its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use sufficiently outweigh any and all potential adverse impacts of the proposed conditional use, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission. Any action to approve or allow the proposed conditional use requires a majority vote of the Village Board. The Village Board’s approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

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8) Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

9) Termination of an Approved Conditional Use. Upon approval by Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements for initiation of development activity on the subject. Once a conditional use is granted, no site plan building permit or certificate of occupancy shall be issued for any development which does not comply with all requirements of the approved conditional use. Any conditional use found not to be in compliance with the terms of this ordinance or the terms and conditions of approval shall be considered in violation of this ordinance and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board.

10) Time Limits on the Development of Conditional Use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by Village Board and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use. Prior to such a revocation the applicant may request an extension of this period. Said request shall require formal approval by Village Board and shall be based upon a showing of acceptable justification, as determined by Village Board.

11) Discontinuing an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

12) Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property, except where limited explicitly by the Village Board. Modification, alteration, or expansion of any conditional use in violation, without approval by Village Board, shall be grounds for revocation of said conditional use permit.

13) Recording of Conditional Use Permit Requirements. Except for conditional use permit approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the applicant with the Walworth County Register of Deeds office. After recording, the applicant shall provide a copy of the recorded document to the Village Clerk.

14) Pre-Existing Conditional Uses. All uses existing at the effective date of this ordinance that were lawfully approved conditional uses under Walworth County zoning are hereby declared to be conforming conditional uses. Any proposed change to the existing use shall be subject to the conditional use procedures as if such use were being established anew. Also, any addition or alteration to existing structures or improvements which exceed 25 percent of the prior structure size or increase by 25 percent or more prior intensity of use shall be subject to the conditional use procedures as if such use were being established anew. Other than as above restricted, additions, alterations, or extensions to existing structures or improvements are not prohibited provided such changes do not result in a change in the existing use or otherwise violate any provision of applicable ordinances of the Village of Bloomfield or Walworth County.

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Sec. 27-163. Site Plan Review and Approval Procedures.

1) Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications for multifamily and commercial developments. Single and two-family homes are exempt from the requirements of this section.

2) Initiation of Request for Approval of a Site Plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property or their legally authorized representative(s).

3) Application for Site Plan Review. All applications for site plan reviews shall be made on application forms provided by the Zoning Administrator and shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. No notice placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

Said complete application shall be comprised of all of the following:

a) Written description of the intended use describing in reasonable detail the following:

i) Existing and proposed zoning district(s).

ii) Comprehensive plan future land use map designation(s).

iii) Current and proposed land uses.

iv) Projected number of dwelling units and total residents if the proposed use includes residential land uses.

v) Projected employees, number of daily customers, and hours of operation if the proposed use includes commercial land uses.

vi) Possible future expansion and related implications for i through v, above.

b) Site plan which includes:

i) A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for project.

ii) The date of the original plan and the latest date of revision to the plan.

iii) A north arrow and a graphic scale. Said scale shall not be smaller than 1 inch equals 100 feet.

iv) A legal description of the subject property.

v) All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.

vi) All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.

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vii) All required building setback lines.

viii) All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls.

ix) The location and dimension (cross-section and entry throat) of all access points onto public streets.

x) The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this ordinance.

xi) The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas.

xii) The location of all outdoor storage areas and the design of all screening devices.

xiii) The location, type, height, size, and lighting of all signage on the subject property.

xiv) The location, height, design/type, illumination power, and orientation of all exterior lighting on the subject property.

xv) The location and type of any permanently protected green space areas.

xvi) The location of existing and proposed drainage facilities.

xvii) Lot area.

xviii) Gross area.

xix) Impervious surface area.

xx) Number of parking stalls c) Landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11" x 17"), showing the location of existing and proposed plant materials, fencing, and berms. d) Grading and erosion control plan at the same scale as the main plan (and reduction at 11" x 17") showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the following detailed requirements. e) Scaled elevation drawings of each elevation of the proposed building(s) or proposed remodeling of an existing building(s) showing finished exterior treatment. Labels on the elevation drawings shall identify all exterior materials and colors and building height. f) A certified survey map may be required by the Zoning Administrator in instances where he/she determines compliance with setback requirements may be difficult. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures, and paved areas.

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5) Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of the zoning ordinance to ensure attractive, efficient, and appropriate development of land in the community, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until a revision depicting such additional measures and/or modifications has been submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record and development activity on the subject property may not proceed until the revised application has been approved.

6) Initiation of Land Use or Development Activity. Except with the written permission of the Zoning Administrator, no land use or development activity, including site clearing, grubbing, or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this ordinance and shall be subject to all applicable enforcement mechanisms and penalties.

7) Modification of an Approved Site Plan. Any and all variations or modifications of a site plan after approval shall be considered amendments of a site plan and shall require the same review and approval procedures as a new site plan application.

8) Waivers of Submittal Requirements. The Zoning Administrator may waive the certain specific application submittal requirements for site plans or site plan amendments for minor projects where the scope and scale of a project requiring site plan approval does not warrant literal interpretation of the application requirements. Any waivers of submittal requirements must be specifically described and included in any motion by the Plan Commission acting on such minor projects.

Sec. 27-164. Variance Procedures.

1) Purpose. The purpose of this section is to provide regulations which enable the village to hear and decide requests for permitted variation from the terms of this ordinance where, owing to special factors, a literal enforcement of the provisions of this ordinance would result in practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done, as provided for by Wisconsin Statutes 62.23(7)(e)(7).

2) Initiation of Request for Approval of a Variance. Proceedings for approval of a requested variance shall be initiated by initiated by the owner(s) of the subject property, or their legally authorized representative(s).

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3) Application for Variances. All applications for variances shall be made on application forms provided by the Zoning Administrator and shall be certified as complete by the Zoning Administrator prior to the formal initiation of this procedure. No notice placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

Said complete application shall include the following:

a) A map of the subject property showing all lands for which the variance is proposed. Said map shall clearly indicate the current zoning of the subject property. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than 1 inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided.

b) A map showing the generalized location of the subject property in relation to the village as a whole.

c) A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.

d) A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of Section 27-163.

e) Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in this ordinance.

4) Review by the Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:

a) The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this ordinance. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this ordinance, he/she shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he/she shall so notify applicant.

b) Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application.

c) The Zoning Administrator shall also evaluate the application to determine whether the requested variance is in harmony with the recommendations of the Village of Bloomfield's Comprehensive Plan and is in compliance with the standards below:

i) What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:

ii) The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one which affects all properties similarly. Such a

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hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed. iii) Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.

iv) Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting-off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships.

v) Violations by, or variances granted to, neighboring properties shall not justify a variance.

vi) The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)

vii) In what manner do the factors identified above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.

viii) Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

ix) Would the granting of the proposed variance as depicted on the required site plan result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions, and policies of this ordinance, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the village or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.

x) Have the factors which present the reason for the proposed variance been created by the act of the applicant or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or

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orientation, lotting pattern, or grading) after the effective date of this ordinance? The response to this question shall clearly indicate that such factors existed prior to the effective date of this ordinance and were not created by action of the applicant, a previous property owner, or their agent.

d) The Zoning Administrator shall forward the report to the Zoning Board of Appeals for the Board’s review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the village's zoning ordinance and comprehensive plan, the Zoning Administrator shall note this determination in the report.

5) Review and Determination by Zoning Board of Appeals.

a) Within 30 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of Section 62.23(7)(d) of Wisconsin Statutes.

b) Within 30 days after the holding of the public hearing or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals, the Zoning Board of Appeals shall make its findings and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at the time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.

c) If the Zoning Board of Appeals fails to make a determination within 30 days after said public hearing, then the request for the variance shall be considered denied.

d) Said report shall include a formal findings of facts developed and approved by the Zoning Board of Appeals concerning the requirements above.

6) Effect of Denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

7) Limited Effect of a Variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted and shall not be construed as precedent for any other proposed variance.

8) Stay of Proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this ordinance from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals, or

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by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.

Sec. 27-165. Appeals of Zoning Interpretations Procedures.

1) Purpose. The purpose of this section is to provide regulations which enable the village to hear and decide requests for appeals from the interpretations of the Zoning Administrator.

2) Initiation of Request for Review of Zoning Interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the village affected by any decision of the Zoning Administrator.

3) Time Limit for Filing an Appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of this section within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this 45-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

4) Application Requirements. All applications for review of an interpretation, regardless of the party of their initiation per (2) above, shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the Village Clerk and to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:

a) A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the applicant.

b) A written statement from the applicant indicating the reasons why an appeal is justified based upon an analysis of the Zoning Administrator’s interpretation. This statement shall be dated and signed by the applicant.

5) Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:

b) Upon notifying applicant that the application is complete, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the request is in harmony with the recommendations of the Village of Bloomfield's Comprehensive Master Plan.

c) The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with

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the provisions of the Village of Bloomfield's Comprehensive Master Plan or zoning ordinance, the Zoning Administrator shall note this determination in the report.

6) Review and Action by the Zoning Board of Appeals

a) Within 45 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to Section 63.23(7)(d) of the Wisconsin Statutes.

b) Within 60 days after the filing of the complete application as determined by the Zoning Administrator (or, within an extension of said period requested in writing by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals make its findings per this section. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.

c) If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.

7) Effect of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

8) Limited Effect of a Favorable Ruling on an Appeal.

a) No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use has commenced within that period.

b) A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.

Sec. 27-166 through Sec. 27-169. Reserved for Future Use.

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DIVISION 13. ADMINISTRATION AND ENFORCEMENT

Sec. 27-170. Purpose of Administrative Regulations.

The purpose of this Division is to establish the administrative and enforcement framework for the application of this ordinance.

Sec. 27-171. Zoning Administrator.

1) Designation. The Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this ordinance and is also herein referred to as the Zoning Administrator. The duty of the Zoning Administrator is to interpret and administer this ordinance and to issue, after on-site inspection, all permits required by this ordinance.

2) Duties. The provisions of this ordinance shall be administered and enforced by the Zoning Administrator or a designee, who in addition thereto and in furtherance of said authority, shall:

a) Determine that all site plans, building permits, certificates of occupancy, and sign permits, comply with all provisions of this ordinance.

b) Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this ordinance.

c) Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him/her to ensure compliance with this ordinance. If, however he/she is refused entry after presentations of his/her identification, he/she may procure a special inspection warrant in accordance with Section 66.122 of the Wisconsin Statutes. Be permitted to conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this ordinance.

d) Maintain permanent and current records of this ordinance including, but not limited to, all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefore.

e) Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the floodland districts.

f) Receive, file, and forward all applications for any and all procedures governed by this ordinance to the designated official bodies.

g) Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters; give notice of all violations of this ordinance to the owner, resident, agent, or occupant of the premises; and report uncorrected violations to the Village Attorney in a manner specified by him.

h) Institute, in the name of the Village of Bloomfield, any appropriate actions or proceedings against a violator of this ordinance, as provided by law.

i) Prohibit the use or erection of any structure, land, or water until he/she has inspected and approved such use or erection.

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j) Where useful, the Zoning Administrator, or his/her agent, may set marks on bridges or buildings or other markers which show the depth of the regional flood, or may set marks delineating the boundaries of wetlands.

k) Request assistance and cooperation from the Village of Bloomfield Police Department and Village Attorney as deemed necessary.

l) Make available to the public, to the fullest extent possible, all reports and documents concerning the village's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The Village Board may set fees necessary to recover the cost of providing information to the public.

m) Make interpretations regarding the provisions of this ordinance.

n) Grant minor variations from the dimensional setback, height, and area requirements of this ordinance, up to a maximum variation of 10% for setbacks and height limitations, and up to a maximum variation of 10% or 1,000 square feet for area requirements (whichever is less), so long as the spirit and intent of the performance standards are preserved.

Sec. 27-172. Plan Commission.

1) The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the Village Board, other public officials and other interested organizations and citizens. The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys.

2) In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this ordinance, its functions are primarily recommendatory to the Village Board pursuant to guidelines set forth in this ordinance as to various matters, and always being mindful of the intent and purposes of this ordinance. Recommendations shall be in writing. A recording thereof in the Plan Commission’s minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

Sec. 27-173. Zoning Board of Appeals.

1) Power and Duties. The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this ordinance; or appeals regarding an interpretation of the Zoning Administrator of the provisions of this ordinance.

2) Establishment and Membership. A Zoning Board of Appeals is hereby established. The Zoning Board of Appeals shall consist of five members appointed by the village chair, subject to confirmation by the Village Board, for three years, except that of those first appointed, one shall serve for one year and two for two years. The members shall serve without compensation and shall be removable by the village chair for cause upon written charges and after public hearing. The village chair shall designate one of the members president. The village chair shall appoint,

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subject to confirmation of the board, for staggered terms of three years two alternate members of such board, in addition to the five members above provided for. Annually, the village chair shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses or declines to vote, is disqualified because of interest, or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest or is absent or when more than one member so refuses or declines, is disqualified, or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the third Tuesday in April. Terms of office shall commence the first day of May. The Village Clerk shall serve as secretary of the board. The Zoning Board of Appeals may employ other employees.

3) Organization. The Zoning Board of Appeals shall adopt rules for its government and procedure. All bylaws or other rules adopted by the Zoning Board of Appeals must also be approved by the Village Board.

4) Meetings. Meetings of the Zoning Board of Appeals shall be held at the call of the president, and at such other times as the Zoning Board of Appeals may determine. The president, or in his/her absence an elected acting president, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

5) Meeting Minutes. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Board of Appeals, which is the Village Clerk's office, and shall be a public record.

6) Powers. The Zoning Board of Appeals shall have the following powers:

a) To hear and decide appeals when it is alleged there is error in any order, requirement, interpretation, decision, or determination made by the Zoning Administrator.

b) To authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

c) The Zoning Board of Appeals shall have the power to call on any other village department for assistance in the performance of its duties and it shall be the duty of such other departments to render such assistance as may be reasonably required.

d) In exercising the above listed powers, the Zoning Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Administrator or other administrative officer from whom the appeal is taken. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of the

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applicant on any matter on which it is required to pass or to effect any variation in the requirements of this ordinance.

e) Except as specifically provided, no action of the Zoning Board of Appeals shall have the effect of permitting in any district uses prohibited in such districts.

7) Appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the Village of Bloomfield affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the Zoning Board of Appeals, by filing with the officer(s) from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record of appeals upon which the action appealed from was taken. The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide to same within a reasonable time.

8) Notice of Hearing. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, and cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing.

9) Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the Zoning Board of Appeals. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the board following public hearing may be made either in public or closed session as the board shall determine.

10) Findings.

a) Findings of fact and reasons for all actions taken shall be reduced by the board to writing in the minutes of the proceedings.

b) In the case of appeal based on variance, for the same to be granted the findings shall affirmatively show the following together with the fact, and the grounds therefore:

c) A literal enforcement of the terms of this ordinance would result in practical difficulty or unnecessary hardship to the appellant.

d) The variance is not contrary to the public interest and will not endanger public safety.

e) The variance is in accord with the spirit of this ordinance.

f) The variance will cause substantial justice to be done.

g) Further to be considered by the Zoning Board of Appeals in case of appeal based on variance, in arriving at its reasons and grounds for the above required findings, are the following:

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11) Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.

12) Exceptional Circumstances. There may be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general a recurrent nature as to suggest that the zoning ordinance should be changed.

13) Economic Hardship and Self-Imposed Hardship Not Grounds for Variance. No variance 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 a variance.

14) Preservation of Property Rights. Such variance may be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

15) Absence of Detriment. Such variance should not create substantial detriment to adjacent property and shall not materially impair or be contrary to the purpose and spirit of this ordinance or the public interest.

Sec. 27-174. Fees.

1) Application fees. Application fees for the procedures set forth in Division 10 and other procedures and applications associated with this ordinance shall be established by resolution by the Village Board and adjusted from time to time by the Village Board, as needed.

2) Additional review fees. In addition, the village may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the village's review of a proposal coming before the Plan Commission. The village may apply the charges for these services to the applicant. The village will require the applicant to sign a professional consultant review services form. The village may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the applicant. The submittal of a development proposal application or petition by an applicant shall be construed as an agreement to pay for such professional review services applicable to the proposal. Review fees which are applied to an applicant but which are not paid may be assigned by the village as a special assessment to the subject property.

Sec. 27-175. Violations and Penalties.

1) Violation of this Ordinance. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this ordinance, or otherwise elect, refuse or fail to comply with this ordinance's requirements. Any person who violates or fails to comply with any of the provisions of this ordinance shall, upon conviction thereof, be subject to the penalties set forth in this section and shall pay all costs and expenses, including actual

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reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.

2) Penalties. Any person, firm, or corporation who fails to comply with the provisions of this ordinance or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not less than $10.00 nor more than $200.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.

3) Village Promulgated Correction of Violation. In addition to any other penalty imposed by this section for a violation of the provisions of this ordinance, the village reserves and maintains the continued right to abate violations of this ordinance.

4) Abatement of violation. If the Zoning Administrator determines that a violation of this ordinance exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred. The Zoning Administrator is hereby authorized to abate a violation of this ordinance.

5) Notice of violation. If the Zoning Administrator determines that a violation of this ordinance exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property on which said violation is occurring to remove said violation within ten working days. If such violation is not removed within such ten working days, the Zoning Administrator shall cause the violation to be abated per this section. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred.

6) Cost of Abatement. In addition to any other penalty imposed by this subchapter for a violation of the provisions of this ordinance, the cost of abating a violation of this ordinance shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the village to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail, and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter such charges onto the tax roll as a special tax as provided by State Statute 66.615(5).

Sec. 27-176 through Sec. 27-179. Reserved for Future Use.

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DIVISION 14. DEFINITIONS

For the purpose of this ordinance, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory.

1) Abandoned sign: Any sign located on a property which becomes vacant and is unoccupied for a period of 30 days or more; any sign which pertains to a time, event or purpose which no longer applies; or a sign which no longer directs attention to a business activity, service or product sold on the premises.

2) Access and viewing corridor: A strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone.

3) Accessory use or structure: A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure. An accessory structure cannot contain a separate dwelling unit, nor be used for overnight stays.

4) Adult entertainment use: An establishment consisting of, including, or having the characteristics of any or all of the following:

a) Adult bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

b) Adult cabaret:

c) An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein;* A cabaret that features topless and/or bottomless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein*, for observation by patrons.

d) Adult mini motion picture theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

e) Adult motion picture theater: An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

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f) Adult oriented establishment: Shall include, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments or adult cabarets, and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein*, to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

*Specified anatomical areas: Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

*Specified sexual activities: Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochism, fellatio or cunnilingus. Fondling or erotic touching of human genitals, pubic region, buttock or female breast.

5) Agricultural use: Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836 or lands that are part of other state and federal conservation programs; participating in the milk production termination program under 7 USC 1446 (d); and vegetable raising (Wis. Stats. 91.01, 92.10).

6) Airport, public: Any airport which complies with the definition contained in Wis. Stats. § 114.002(18m)(a), or any airport which serves or offers to serve any common carriers engaged in air transport.

7) Alley: A special public right-of-way affording only secondary access to abutting properties.

8) Animal unit: Has the meaning given in NR-243.03(3). For animal units not listed, the equivalency to animal units shall be based on live animal weights. In these cases, 1,000 pounds of live weight is equivalent to 1 animal unit.

9) Amusement activities: Amusement activities means uses such as, but not limited to, fair grounds, roller skating rinks, go-cart tracks, race tracks, and recreation centers.

10) Area, net developable: Those lands within a development parcel remaining after the deletion of floodlands, wetlands, lands densely covered with trees and shrub growth on slopes of 12 percent or greater, all lands having slopes of 20 percent or greater, and all lands proposed for commercial or business land uses.

11) Area, total lot: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

12) Arterial Street: A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as arterial streets, highways, and parkways.

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13) Attached or attachment: The minimum requirement for attachments shall include all of the following:

a) The attachment, when possible, must extend from original grade to the roof line of one or more of the connected structures.

b) The attachment must be completely enclosed by a roof, walls, and floor (openings only for windows, skylights, doors, etc., are allowed).

c) The attachment must be accessible from all connecting structures.

d) The attachment as well as the connecting structures must meet applicable Uniform Dwelling Codes for foundation requirements.

e) The attachment should be similar in design and materials to the connected structure(s).

14) Automotive proving grounds: An area used for testing and measuring the durability, safety, performance, emissions and related functions of passenger vehicles, light-duty trucks, and multi- purpose vehicles which functions are consistent with the design, development, engineering, manufacturing, and marketing of such vehicles and the administration of the same, but does not include public performance and racing, whether by paid admission or otherwise, of motorcycles, go-carts, or race cars.

15) Automotive salvage yard: Any premises on which more than one self-propelled vehicle, not in running and/or operating condition, is not stored within an enclosed building. Running and/or operating conditions shall be a vehicle currently licensed, registered, and operating in accordance with all applicable regulations of the Department of Motor Vehicles for the State of Wisconsin.

16) Banner: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any kind. Flags shall not be considered banners for the purpose of this chapter.

17) Basement: That portion of any structure located partly below the average adjoining lot grade.

18) Bed and breakfast establishment: Any place of lodging, in compliance with Wis. Stats. § 254.61(1), that provides four or fewer rooms for rent, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

19) Bed and breakfast establishment--commercial: Any place of lodging, in compliance with Wis. Stats. § 254.61(1), that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

20) Billboard: Any off-premises sign, except political signage, exceeding 12 square feet in area.

21) Boardinghouse: A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for 4 or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

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22) Boathouse, private: A permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls, or any combination of these structural parts.

23) Building: 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, or materials.

24) Building envelope: The three dimensional space within which a structure is built.

25) Building area: The total living area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

26) Building height: The vertical distance, measured from the lowest finished grade along the street yard elevation of the structure, to the ridge of the highest roof line of the structure, including the roofs of architectural projections such as cupolas, domes, steeples, and gables. Flat roofs shall be measured to the highest point of the roof surface including such architectural projections as railings and walls.

27) Building inspector: A person certified by the Wisconsin Department of Commerce to engage in the administration and enforcement of the Uniform Dwelling Code for the State of Wisconsin.

28) Building officer: A person other than a certified Building Inspector having duties that do not include the administration and enforcement of the Uniform Dwelling Code.

29) Building, detached: A principal building surrounded by open space on the same lot.

30) Building, principal: A building in which the principal use of the lot on which it is located is conducted.

31) Building line: A line between which any street line, no buildings or parts of buildings may be erected, altered, or maintained except as otherwise provided for in this ordinance.

32) Buildable lot area: That portion of a lot remaining after required yards have been provided.

33) Bulkhead line: A boundary line established along any section of the shore of any navigable waters by a village ordinance approved by the Wisconsin Department of Natural Resources, pursuant to Wis. Stats. § 30.11. Filling and development is only permitted on the landward side of such bulkhead line.

34) Business: An occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.

35) Campground, planned campground development: A parcel or tract of land maintained, intended, or used for the purpose of supplying nonpermanent overnight accommodations to persons in a recreational vehicle, no more than 400 square feet in area, including travel trailer, pick-up coach, motor home, camping trailer, and park model, as well as other permitted structures as specified in this ordinance.

36) Campground, public or private: Any parcel or tract of land maintained, intended, or used for the purpose of supplying non-permanent overnight accommodations to persons providing their own

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means of shelter in a portable device or recreational vehicle, no more than 400 square feet in area, including travel trailer, pick-up coach, motor home, camping trailer, park model, buses, automobiles, tents, or sleeping bags.

37) Carport: A structure having a roof, with or without supporting walls, posts or columns, used, designed or intended to be used for the protection or shelter of private motor vehicles. For the purpose of this ordinance, a carport shall be considered to be the equivalent of a garage.

38) Car washes: Any facility used for the washing of vehicles requiring the installation of special equipment or machinery and plumbing affixed to or affixed separate of a structure.

39) Cemetery: As defined in Wisconsin State Statutes Chapter 157.

40) Centralized sanitary sewerage system: A system designed to collect, convey, and treat sanitary and other wastes from a number of individual waste sources and which operates a sewage treatment facility approved by the Wisconsin Department of Natural Resources. A septic tank, whether serving one or several waste sources, is not a sewage treatment facility. Any sewerage system served by a septic tank shall not, therefore, be termed or classified as a centralized sanitary sewerage system. Such centralized sanitary sewerage systems may be publicly or privately owned and operated, but in every case is subject to the rules and regulations for the Wisconsin Department of Natural Resources.

41) Changeable copy sign: A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. Such sign shall not contain, include or be illuminated by a flashing or moving light or be composed of any animated part. Each change of message shall be accomplished in one second or less and each message shall remain in a fixed position for at least two seconds. The use of traveling messages or segmented messages is prohibited.

42) Channel: Those floodlands normally occupied by a stream of water under average annual high- water flow conditions while confined within generally well-established banks.

43) Channeling: The act or action which results in an interconnection of two bodies of water, usually navigable by surface craft.

44) Clinic: An establishment for the medical examination and treatment of patients, but without provision for keeping such patients overnight on the premises. For the purposes of this ordinance, a doctor's or dentist's office in his/her own home, when it complies with the requirements of this ordinance relating to such offices, shall not be considered a clinic, but any doctor's or dentist's office which is not a part of his/her own home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a clinic.

45) Clothing repair shops: Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, or clothes pressing shops, but not employing over five persons.

46) Clothing stores: Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops.

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47) Club: An association of persons using a building or group of buildings for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

48) Cluster treatment systems: A cluster treatment system collects, conveys and treats sanitary waste and other waste water from a number of individual waste sources and is operated by a governmental unit with sanitary powers. A cluster treatment system shall include treatment systems that employ an aerated lagoon, together with a spray irrigation system. Such systems shall include those that involve a traditional septic field serving multiple homes which is thereafter collected into the cluster system. Effluent may be transported via a combination of pressure collection and local holding tank contract hauling. Cluster treatment systems are designed specifically as a means to replace or provide for failed or sub-code private sewerage systems installed prior to the availability of the new cluster system service. As such they are not designed to serve all properties within a community. Neither the properties served by the clusters nor others within the governmental district shall be considered as served by a public or centralized sanitary sewerage system for purpose of invoking any of the sewered zoning categories.

49) Commercial arboretum: A place where many kinds of trees and shrubs are grown for exhibition,

50) Commission: That commission, also known as the Village of Bloomfield Plan Commission, created and designated by the Village Board under Wis. Stats. § 60.62 and 62.23 to act in matters pertaining to village planning and zoning.

51) Composting: A controlled process of degrading organic material by micro-organisms (not to include solid waste and sludge composting).

52) Condominium: A property subject to a condominium declaration established in accordance with Wis. Stats. Ch. 703.

53) Conservation area/unbuildable: That portion of the proposed subdivision parcel within the identified conservation land (open space) of the proposed development containing floodlands, wetlands, lands densely covered with trees and shrub growth on slopes of 12 percent or greater, and all lands having slopes of 20 percent or greater.

54) Conservation development: A residential development in which dwellings are located in a manner that reduces the area of land needed to be cleared, graded, and converted from agricultural, woodland, or wildlife habitat uses to building sites, driveways, and yard space. In such developments, lot sizes, dimensions, and setbacks are reduced from those typically required for conventional developments, although the total number of dwellings is not increased unless provided for through density bonuses specifically authorized. This term shall also encompass the concept of "conservation subdivision" and "conservation condominium."

55) Conservation easement: A legal agreement between a landowner and a government agency or a qualified tax-exempt nonprofit conservation organization, such as a land trust or conservancy, that permanently limits uses of the land in order to protect its conservation or natural resource values. A conservation easement runs with the chain of title, in perpetuity and specifies the various conservation uses that may occur on the property. Land subject to a conservation easement remains privately owned and managed by the landowner, but monitoring and enforcement of the easement restrictions becomes the permanent responsibility and legal right of the holder of the conservation easement.

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56) Conservation land: That portion of a tract that is set aside for the protection of sensitive natural features, land capable of use for agriculture, horticulture or silviculture, scenic views, and other unique or noteworthy features. Conservation land may be accessible to the residents of the development and/or public, or may be lands which are not accessible to the public.

57) Conservation lot: A large (ten acres or greater in size), privately owned lot comprising part of an area of conservation land. The purpose of the conservation lot is to provide surrounding residents with visual access to conservation land while keeping the land under private ownership and maintenance. Only a small portion of a conservation lot may be developed; the remainder must be protected through conservation easements and used in conformance with standards for conservation land. Public access to conservancy lots is not required.

58) Conservation plan: A plan which is developed to protect existing natural resources as to conformance with soil conservation standards or other equivalent engineering data.

59) Conservation standards mean design criteria, standards and specifications for soil and water conservation practices and management used by the village.

60) Construction sign: Any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other pertinent information included thereon.

61) Contractors storage yard: Outside and/or inside storage of equipment, commercial vehicles, and/or supplies for contractors such as plumbers, heating and air conditioning contractors, excavators, carpenters, landscapers, painting contractors, wastewater treatment system contractors, electricians, well drillers, and similar uses.

62) Core living area: That area or space within a dwelling unit devoted to the principal residential use of the structure, excluding attached garages, porches, sheds, and other appurtenances.

63) Cultural activities: Cultural activities means uses such as, but not limited to, aquariums, art galleries, botanical gardens, arboreta, historic and monument sites, museums, libraries, planetaria and zoos.

64) Development area: A parcel of land where a structure, land, water, or air is used, intended to be used, is located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered.

65) Directional sign: A sign which designates entrances, exits, parking areas, and similar functions without advertising.

66) Ditching: The process of excavation for purposes of surface water drainage and removal; a shallow channel, not navigable, used for the conductance of waters.

67) Drain: A surface ditch or underground tile line constructed for the purpose of lowering the water table so that land may be farmed or used for other purposes.

68) Drain tile laying: The placement of tile for the purpose of removing excess waters from the soil, either for agricultural purposes or for the removal of waters around building foundations.

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69) Drainage basin: A geographic area the general configuration of which causes surface waters to flow in a specified direction; the area, contained by a naturally defined watershed, draining all surface waters.

70) Drainageway: Any natural or artificial water course, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, streams, waterways, gulleys, ravines, or washes, in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.

71) Dredging: The process of which bottom materials are removed from bodies of water for the purposes of deepening the body of water.

72) Dwelling: A structure or portion thereof that is designed or arranged for human habitation, but does not include boarding or lodging houses, motels, hotels, or tents.

73) Dwelling, detached, single-family: A structure containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.

74) Dwelling, multiple-family: A structure containing three or more dwelling units.

75) Dwelling, single-family: A structure containing one dwelling unit, which is designed or arranged for use as living quarters for one family. "Single-family dwelling" includes a manufactured home which contains only one dwelling unit.

76) Dwelling, two-family: A structure on a single lot, which contains two dwelling units.

77) Dwelling unit: A group of rooms containing but not limited to living area(s), bathroom area(s), and food preparation area(s).

78) Earth moving: Any process which physically alters the existing topography by means of mechanical or hydraulic equipment and devoiding the soils of vegetative cover so as to make the same soil susceptible to erosion.

79) Efficiency: A dwelling unit consisting of one principal room with no separate sleeping rooms.

80) Egg production, commercial: An animal confinement facility used or designed for the raising of poultry for egg production having a capacity of 200 or more animal units.

81) Election campaign period: A sign which shall have the meaning as set forth in Wis. Stats. § 12.04.

82) Election sign: A temporary sign supporting a candidate for office or urging action on any other matter on the ballot of a primary, general, or special election.

83) Emergency shelter: Public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare; fire, flood, windstorm, riots, and invasions.

84) Erosion: The process by which the ground surface is worn away by action of wind or water.

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85) Erosion control plan: A written description of control measures designed to prevent excess movement of soil, sediment or rock fragments caused by water, wind, ice or gravity. Plan shall include erosion control measures such as grading, excavating, fills, open cuts, side slopes and other land disturbances to be mulched, seeded, sodded, riprapped, or otherwise protected as a temporary or permanent erosion control measure. Such control measures will be designed and installed also with the intent to protect surface water, manmade and natural drainage ways and subsurface water. Design and installation will be performed meeting minimum standards SCS Technical Guide, or other approved engineering data which meet approval of the Village of Bloomfield.

86) Essential services: Essential services means services provided by public and private utilities, necessary for the exercise of the principal, accessory, or conditional use or service of the principal, accessory or conditional structure. These services include underground, surface, or overhead gas, electrical, steam water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings. These services may also include privileges in streets in accordance with Wis. Stats. 66.0425 and as amended from time to time.

87) Excavation: The act by which soil, earth, sand, gravel, rock, or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting there from.

88) Existing development pattern: A situation where principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline

89) Expressway: A divided arterial street or highway with full or partial control of access and with or without grade separated intersections.

90) Family: One person, or group of individuals related by blood, marriage, adoption, or guardianship as defined by state statutes, and not to exceed four persons not so related, living together in a dwelling unit as a single housekeeping unit with an intentional structured relationship. The individuals shall have common use of, and access to, all living areas, bathrooms, and food preparation areas.

91) Farm family business: Any lawful activity, except a farm operation, consisting of uses which are accessory to an agricultural use listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics, conducted primarily for any of the following:

a) The purchase, sale, lease or rental of personal or real property.

b) The manufacture, processing or marketing of products, commodities or any other personal property.

c) The sale of services.

92) Farm stand: See "roadside stand."

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93) Feed lot, commercial: An animal confinement facility used or designed for the feeding or holding of 500 or more animal units for a period of 30 days or more.

94) Fence: An artificially constructed barrier of any material or combination to enclose, screen, or separate areas.

95) Fill: Any act by which clean uncontaminated soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, pulled, or transported, and shall include the conditions resulting there from.

96) Flood: A temporary rise in stream flow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.

97) Flood profile: A graph showing the relationship of the floodwater surface elevation for a flood event of a specified recurrence interval to the stream bed and other significant natural and man- made features along a stream.

98) Flood stage: Those floodlands, excluding the floodway, subject to inundation by the 100-year recurrence interval flood, or where such data is not available, the maximum flood of record.

99) Floodproofing: Measures designed to prevent or reduce flood damage for those uses which cannot be removed from, or which of necessity must be erected on, floodplains ranging from structural modifications, through installation of special equipment or materials to operation and management safeguards, such as the following: underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent water-tight bulkheads, shutters, and doors; treatment of exposed timbers; elevation of flood-vulnerable utilities; use of waterproof cement; adequate fuse protection; anchoring of buoyant tanks; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of seal-tight windows and doors; installation of wire-reinforced glass; location and elevation of valuable items; waterproofing, disconnecting, elevation, or removal of all electrical equipment; the avoidance of the use of flood-vulnerable areas; temporary removal or waterproofing of merchandise; postponement of orders or rescheduling of freight shipments; operation of emergency pump equipment; closing of backwater sewer valves; placement of plugs in flood drain pipes; placement of movable watertight bulkheads; counter-flooding; erection of sandbag levees; and the shoring of weak walls or other structures.

100) Floodway: Those floodlands, including the channel, required to carry and discharge the 100-year recurrence interval flood. Since development and fill are prohibited in the floodplain under the terms of this ordinance, the floodway is defined as that area subject to inundation by the ten-year recurrence interval flood.

101) Floor area, business, commercial, and industrial buildings: For the purpose of determining off- street parking and off-street loading requirements.

102) Floor area: The sum of gross horizontal areas of several floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include accessory storage areas located within selling or working space, such as counters, racks, or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces

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shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

103) Floor area, gross: The sum of the gross horizontal areas of all floors measured in square feet, not including the basement floor, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building includes elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment--open or closed--located on a roof or in a basement), penthouses, attic space having a headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.

104) Freestanding sign: Any sign which is attached to or part of a completely self-supporting structure other than a building that has a structural base of less than 75 percent of the width of the area of the sign.

105) Freeway: An expressway with full control of access and with fully grade separated intersections.

106) Frontage: The smallest dimension of a lot abutting a public street or other officially approved way measured along the street line.

107) Fur farm: Any property comprising land or buildings or both used for the purpose of raising or harboring fur bearing animals including those defined in Wis. Stats. § 29.01(3)(c), and also including chinchillas and other fur bearing animals, if any, whether the animals are kept for breeding or slaughtering or pelting purposes.

108) Garage, private: An accessory building or accessory portion of the main building used or designed or intended to be used for the storage of private motor vehicles. See also "Carport."

109) Garage, public: Any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.

110) Gift stores: Retail stores where items such as art, antiques, jewelry, books, and notions are sold.

111) Grading: Any stripping, excavating, filling, stockpiling, or any combination thereof, including the land in its excavated or filled condition.

112) Hardware stores: Retail stores where items such as plumbing, heating, carpentry and electrical supplies; sporting goods; and paints are sold.

113) Height of sign: The overall height of a sign or sign structure as measured from the adjacent ground surface to the highest point of the sign. In the case where a sign is to be located on a berm, the grade shall be determined by the average of the grades measured at the toes of slope at the front and back of the berm.

114) High-water elevation: The average annual high-water level of a pond, stream, lake, flowage or wetland references to an established datum plane or if where such elevation is not available, the elevation of the line up to which the presence of the water is so continuous as to leave a distinct mark by erosion, change in or destruction of vegetation or other easily recognized topographic, geologic, or vegetative characteristics.

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115) Hospital: An institution where patients are lodged overnight providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

116) Hotel: A building where rooms, with or without meals, are supplied to the transient public, or to anyone who may apply, for compensation.

117) Household: A family living together in a single dwelling unit, with common access to, and use of all living and dining areas, bathrooms, food preparation and serving areas.

118) Home occupation: Any occupation for gain or support conducted entirely within building on the parcel by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 25 percent of the area of any floor, and may include up to two additional employees who are not resident occupants. A home occupation may include uses such as barbering, beauty culture, house cleaning service, laundry, ironing, photography, real estate brokerage, or drivers’ education and shall not include any use with outside storage.

119) Impervious surface: An area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surface excludes frozen soil, but includes rooftops, sidewalks, driveways, parking lots, and streets unless determined by the Zoning Administrator to be designed, constructed, and maintained to be pervious.

120) Interchange: A grade separated intersection with one or more turning lanes for travel between intersection legs.

121) Joint extraterritorial zoning committee: Any zoning committee established in accordance with Wis. Stats. § 62.23(7a).

122) Kennel: The use of land, with related buildings or structures, for the breeding, rearing, or boarding of more than four dogs.

123) Laboratory: A place where scientific experiments and research are carried on, or where drugs, chemicals, etc. are made or tested for purity or strength.

124) Laboratory, experimental: An establishment devoted to the development of and fabricating of preliminary or pilot models, but specifically not to include any mass production from the result of the experimental work.

125) Lagoon: A water body in a depression back of an offshore bar, a beach ridge, or shore dune with these geomorphic features, either natural or manmade, acting as barriers or dams. Also, a shallow pond, channel, or impoundment connected to a larger body of water.

126) Lagooning: The act of creating a lagoon.

127) Land restoration: Land disturbance activities which require large scale grading and filling for the re-establishment or stabilization of unstable soil contours resulting from non-agricultural practices.

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128) Land stewardship plan: A site plan, narrative, and supporting documents and details, depicting, specifying and describing the proposed conservation measures and methods required to protect and improve the natural, cultural, historic, and scenic elements of the conservation land. The land stewardship plan must identify monitoring, operation, and maintenance activities needed to maintain the quality and the stability of the resources on the conservation land. The cost and schedule for implementing the proposed conservation measures and methods must be included in the land stewardship plan.

129) Livestock: Domestic animals traditionally used in this state in the production of food, fiber, or other animal products. Livestock includes animals such as bovine animals, swine, poultry, sheep, and goats. Livestock does not include animals such as equine animals, farm-raised deer, fish, captive game birds, ratites, camelids or mink.

130) Livestock facility: A feedlot, dairy farm, or other operation where livestock are or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period. A "livestock facility" includes all of the tax parcels on which the facility is located, but does not include an entire tax parcel used only for pasture. Two or more livestock facilities constitute a single livestock facility, for purposes of this chapter, if the same person owns or manages all of the facilities and any of the following apply:

131) The facilities are adjacent. Adjacent means livestock facilities that are located on adjacent tax parcels or on tax parcels that are separated only by a river, stream, or transportation or utility right- of-way.

132) Common livestock structures are used to collect or store manure or other waste from the facilities.

133) Manure or other waste from the facilities is applied to the same tax parcel of land or under the same nutrient management plan.

134) Livestock structure: A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. Livestock structure includes but is not limited to a barn, milking parlor, feed storage facility, feeding facility, animal lot, or waste storage facility. Livestock structure does not include a pasture, a fence surrounding a pasture, a livestock watering facility in a pasture, or a machine shed or like facility that is not used for livestock.

135) Living rooms: All rooms within a dwelling except closets, foyers, storage areas, utility rooms, and bathrooms.

136) Loading areas: A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to public street or alley.

137) Lodge: A building or group of buildings under single management containing both rooms and dwelling units available for temporary rental to transient individuals or families.

138) Lodging house: A building other than a hotel where lodging is provided for compensation for five or more persons not members of a family.

139) Lot: A parcel of land having frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use, and sufficient in size to

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meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this ordinance.

140) Lot, corner: A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

141) Lot, flag: A lot configured such that its conventional length and width does not abut directly onto a public or private street or right-of-way, and where access to the street is by a narrow driveway, access easement, or similar extension.

142) Lot, interior: A lot situated on a single street which is bounded by adjacent lots along each of its other lines.

143) Lot, substandard: A parcel of land having frontage on a public street occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this ordinance.

144) Lot, through: A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

145) Lot coverage: The area under a roof and enclosed by the exterior permanent walls.

146) Lot lines and area: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

147) Lot width: The width of a parcel of land measured at the rear of the specified street yard.

148) Machine shops: Shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating and electrical repair, and overhaul shops.

149) Maintenance easement: Maintenance easement means a limited right of vehicle ingress/egress to unmanned utilities, dams, cell towers, renewable energy, sanitary sewers, etc. (not including buildings) necessary to provide a needed public service. The limited access easement is to facilitate repairs and maintenance only and shall not be permitted to access buildings. The limited access easement shall connect to a street or other officially approved way.

150) Manufactured home: A structure certified and labeled as a manufactured home under 42 US Code Sections. 5401 to 5406 which, when placed on a site:

a) Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), which meets the standards set forth in subchapters III, IV, and V of chap. ILHR 21, Wis. Adm. Code, or is set on a comparable enclosed foundation system approved by the Building Inspector. In villageships that utilize a building officer, that officer shall require a plan certified by a registered architect, registered professional engineer, or Building Inspector to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.

b) Is installed in accordance with the manufacturer's instructions.

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c) Is properly connected to utilities.

d) Shall have a minimum width of 22 feet.

e) Shall have a core area of living space at least 22 feet by 22 feet in size.

151) Manufactured home site: Land within a manufactured home park for the placement of a single manufactured or mobile home and the exclusive use of its occupants.

152) Manufactured home park: Land which has been developed for the placement of manufactured homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation.

153) Minor home occupation: Minor home occupation means an occupation for gain or support conducted entirely within the residence by resident occupants only which is customarily incidental to the principal use of the premises and does not exceed 25 percent of the area of any floor.

154) Minor structures: Any small, 100 square feet or less, movable accessory erection or construction, such as birdhouses, pet houses, play equipment, and arbors.

155) Mitigation: Balancing measures that are designed, implemented, and function to restore natural functions and values that are otherwise lost through development and human activities.

156) Mobile home: A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, which has an overall length in excess of 35 feet. "Mobile home" includes the structure, its plumbing, heating, air conditioning and electrical systems, all appliances, and all other equipment carrying a manufacturer's warranty. The removal of the wheels, axles, or other components of the running gear and/or the mounting of such a structure or vehicle on a foundation or over a basement shall not be deemed to change its status from that of a mobile home. A structure manufactured after June 15, 1976, which is certified and labeled as a manufactured home under 42 US Code Sections 5401 to 5406 but which is not set on an enclosed foundation in the manner described in the definition of manufactured home shall be deemed to be a mobile home under this zoning ordinance.

157) Modular home: A structure which is partially pre-assembled at a manufacturing plant and placed on a lot or parcel as a dwelling unit or units; also called "pre-fabricated" or "pre-cut" homes or "double-wide" units. For purposes of this ordinance, the term manufactured home shall generally be used to describe this type of structure. It shall be further distinguished from the term mobile home. (See definitions of "manufactured home" and "mobile home.")

158) Monument sign: Any sign independent from any building that has a structural base of not less than 75 percent of the width of the sign.

159) Motel: A series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.

160) Navigable waters: All natural inland lakes and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of the Village of Bloomfield. This ordinance does not apply to lands adjacent to farm drainage ditches if:

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a) Such lands are not adjacent to a natural navigable stream or river; b) Those parts of the such drainage ditches adjacent to such lands were non-navigable streams before ditching or had no previous stream history; c) Such lands are maintained in nonstructural agricultural use.

161) Net buildable area: The gross tract area minus all lands located within existing and proposed street right-of-ways, all lands located within railway right-of-ways or easements, all wetlands, and all of the area located within a pond, lake, or stream channel.

162) Net developable acre: Those lands within a development parcel remaining after the deletion of wooded slopes of 12 percent or greater, any slopes 20 percent or greater, wetlands, and existing and proposed streets.

163) Non-common conservation land: Land designated as permanent open space, but not subject to common ownership by an association. Non-common conservation land is typically situated within large conservation lots or limited common element at least ten acres in size or within nonresidential lots used for compatible rural resource uses such as agriculture, horticulture, silviculture, or equestrian boarding not including building areas and required building setbacks.

164) Nonconforming structure: Any structure, by virtue of the use to which it is put, which does not comply with the use provision of this ordinance for the district in which it is located, such as, but not limited to, structures in the floodplain, wetland, right of way, or those structures lying on or across a parcel line.

165) Nonconforming use: Any land or water lawfully used or occupied at the time of the effective date of this ordinance which does not conform to the regulations of this ordinance or amendments thereto pertaining to uses.

166) Nonprofit conservation organization: A qualified tax-exempt conservation organization, organized as a nonprofit organization under federal tax laws, which, in all or part of its mission, actively works to conserve lands by undertaking or assisting direct land transactions. Nonprofit conservation organizations purchase land or acquire conservation easements on land for its natural, recreational, scenic, historic, and productive value.

167) Nursery: Land or greenhouses used to raise flowers, shrubs, vegetable, and plants not for retail sale.

168) Nursing home: A building or institution for the care of the aged, the infirm or the sick, provided the same shall comply with the further definitions and with the regulations contained in the rules of the Wisconsin Department of Health and Social Services.

169) Off-premise sign: Any sign which is not appurtenant to the use of the property where the sign is located, or to a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign.

170) On-premise sign: Any sign that is not an off-premise sign.

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171) Open space: Land within a development area exclusive of required yards, access drives, and parking area. Such open space may be placed in more than one location within the development area. Perimeter yards may be included in the open space calculation.

172) Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

173) Outdoor Furnace: An outdoor furnace is an apparatus designed to burn solid or liquid combustible materials (e.g., corn, ear corn, wood, wood pellets, coal, fuel oil) to produce heat and/or heat hot water for a building in which it is not located.

174) Owners association (OA): A legal and recorded membership organization, established by the subdivider, of all owners of interests within the development. The OA is established and operated with a financial subsidy from the developer before any sale of any building area within the development. Membership of the OA of all owners and their successors within a development is mandatory and automatic and is accomplished by making membership a condition of sale and the membership document must be signed by the purchaser at the closing or settlement. The OA is governed by bylaws which must authorize the OA to collect dues and fees and place liens on the real property of members who fail to pay their dues and fees. The OA may hold undivided land, including conservation land, in common. The term owners association is synonymous with such associations as a property owners association, homeowners association, and condominium association.

175) Parcel: A lot, lots, or tract of land designated by a single tax key number legally recorded in the register of deeds office. Those platted lots assigned multiple tax key numbers as a result of such things as school district, village, county, or village boundaries shall constitute one parcel.

176) Park, amusement: An area, publicly or privately owned, containing amusement and recreation facilities and devices, whether operated for profit or not.

177) Park, public: An area owned by the village, county or other public entity within the village operated for the convenience and recreation of the public and containing such facilities as the owning entity shall see fit.

178) Parking lot: A structure on premises containing ten or more parking spaces open to the public for rent or a fee.

179) Parking space: A graded and surfaced area of not less than 180 square feet in an area either enclosed or open for the parking of a motor vehicle having adequate ingress or egress to a public street or alley.

180) Parties in interest: Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

181) Party wall: A wall containing no opening which extends from the elevation of building footings to the elevation of the other surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.

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182) Pasture: An area of land where animals graze or otherwise seek feed in a manner that maintains the vegetative cover over all the grazing area, which does not have grazing at a density greater than one animal unit per acre and where the vegetative cover is the primary food source for the animals.

183) Patio: A terrace extending not more than six inches above the average level of the ground at its margins, provided that no fixed walls or roof shall be erected on or over any patio or similar structure that is located in a required yard.

184) Permanent sign: Any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in permanent manner affixed to the ground, wall, or building.

185) Person: Except when otherwise indicated by the context, the word "person" shall include the plural, or a company, firm, corporation, or partnership.

186) Personal service establishments: Includes uses such as but not limited to artists services, barber services, beauty services, dry cleaning, laundry, photographic studios, shoe repair and cleaning services, custom tailoring, travel arranging services, and day spas.

187) Pets, household: Animals commonly found in residences as pets, such as dogs, cats, song birds, and other small animals, providing that they are not raised or reared for commercial resale or as a source of staple supplement. Household pets shall not include horses, chickens, cows, goats, sheep, hogs, or other animals not commonly found in residences.

188) Pierhead line: A boundary line established along any section of the shore of any navigable waters by a village ordinance approved by the Wisconsin Department of Natural Resources, pursuant to Wis. Stats. § 30.13. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to Wis. Stats. § 30.12(2).

189) Planned unit development: A development to be created as a single entity that permits improved environmental design and innovative uses of land and structures which are consistent with the overall intent of the Village of Bloomfield Zoning Ordinance.

190) Professional homes offices: Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, lawyers, professional engineers, registered land surveyors, artists, teachers, authors, musicians, or other recognized professions used to conduct their professions without employees.

191) Projecting sign: Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

192) Property: An unimproved parcel, a parcel together with improvements on it, or improvements without the underlying land.

193) Public assembly uses: Public assembly uses means uses such as, but not limited to, amphitheaters, arenas, field houses, gymnasiums, natatoriums, auditoriums, exhibition halls, music halls, legitimate theaters, motion picture theaters, and stadiums.

194) Public passenger transportation terminals: Public passenger transportation terminals mean bus, taxi, or rail depots.

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195) Reach: A longitudinal segment of a stream generally including those floodlands wherein flood stages are primarily and commonly controlled by the same man-made or natural obstructions to flow.

196) Real estate signs: A sign pertaining to the lease, hire, or sale of land, building or part thereof upon which the sign is located.

197) Recreational camp: An area containing one or more permanent buildings used occasionally or periodically for the accommodation of members or guests of associations or groups for recreational, educational, or religious purposes.

198) Recycling: The process by which waste products such as metal cans, glass, newspaper, document paper, cardboard, or plastic are collected and/or reduced to raw material for the transformation into new and different products (not to include automobile salvage, wrecking, junk, demolition, toxic and hazardous/medical waste, and scrap yards).

199) Rendering plant: A plant for reduction of dead animals, or slaughtered animals not suitable for human consumption to by-products, such as hide, skin, grease, bones, glue and soap, and for the storage of such by-products.

200) Residential accessory structures: Including but not limited to detached garages, detached personal storage structures, swimming pools, hot tubs, or tennis courts.

201) Retaining wall: A structure constructed and erected between lands of different elevations to protect structures and/or prevent erosion.

202) Retirement home: A building or institution for the accommodation of elderly persons, with or without nursing or medical care, provided that if such nursing or medical care is to be provided on a continuing basis for at least 3 persons during not less than 72 hours in each week, such building or institution shall be classified as a nursing home.

203) Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription, easement, or condemnation and intended (whether improved or unimproved) to be occupied by a street for vehicular way or railroad. The right of one to pass over the property of another for ingress and egress. Essential services are permitted to be located within a right-of-way.

204) Right-of-way line: The dividing line between a highway and the abutting lots or other divisions of land.

205) Roadside stand: A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises).

206) Rooming house: See "lodging house."

207) Routine maintenance of vegetation: Normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

208) Sanitary landfill: A type of land disposal operation involving the disposal of solid waste and/or contaminated soil on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to

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reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary.

209) School: Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

210) Seasonal signs: A sign used to identify seasonal commercial establishments, including but not limited to Christmas tree lots, fruit and vegetable stands, and crop signs.

211) Sediment: Soils or other surficial materials transported by wind or surface water as a product of erosion.

212) Service station: Any building, structure or premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oils, having pumps and storage tanks; also where battery, tire and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles.

213) Shorelands: Those lands lying within the following distances: 1,000 feet from the high-water elevation of navigable lakes, ponds, and flowages; 300 feet from the high-water elevation of navigable streams or to the landward side of the floodplain, whichever is greater.

214) Shoreline buffer zone: The vegetation protection area.

215) Shorelines: The intersection of the land surfaces abutting lakes, ponds, streams, flowages, and wetlands with the average annual high-water elevation.

216) Sign: Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known which is used or is intended to attract attention of the public and which is visible from any public street or highway but does not include legal notices required to be posted by village, state or federal law and highway and traffic signs authorized by village, state or federal law. The term sign shall not include flags.

217) Silt: Soil particles, intermediate in size between sand and clay, which are readily transported by inflowing streams or surface waters into a body of water.

218) Sketch plan overlay sheet. A sketch map drawn on translucent or transparent material, to be overlain on top of an existing conditions and site analysis map, to determine the extent to which the proposed layout of house sites, streets, lot lines, and protected open space avoids negatively impacting the property's principal and noteworthy natural and cultural features.

219) Slaughterhouse: Any building or premises used for the killing or dressing of cattle, sheep, swine, goats, horses, or poultry and the storage, freezing, and curing of meat and preparation of meat products.

220) Smoke unit: The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.

221) Soil: Any earth, sand, gravel, rock, or any similar material.

222) Solid waste: Garbage, refuse, and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from

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domestic use and public service activities, but does not include solids or dissolved material in waste water effluents or other common water pollutants.

223) Steep slope: A slope over 12 percent grade, which is characterized by increased runoff, erosion, and sediment hazards.

224) Stewardship fund: An endowment or fund that is established along with a conservation easement agreement and is used to cover the expense of monitoring, enforcing, compliance, and legal defense of the easement.

225) Storage capacity: The volume of space available above a given cross-section of a floodplain for the temporary storage of floodwater. The storage capacity will vary with stage.

226) Stormwater best management practice: Structural and nonstructural practices and methods that are designed, constructed, and maintained to control the quantity and quality of stormwater. Stormwater best management practices selected are based the physical suitability of a site, the overall site management objectives, and the performance criteria specified in the village land disturbance, erosion control, and stormwater management ordinance.

227) Stormwater management plan: A plan that includes structural and nonstructural stormwater best management practices selected to match overall site management objectives and site conditions with the stormwater performance criteria specified in the village land disturbance, erosion control, and stormwater management ordinance. The plan includes scaled site plans, narrative, construction details, design computations, inspection, operation, and management requirements for the structural and nonstructural stormwater management practices selected to serve the development. The costs and schedule for constructing, operating, and maintaining the selected structural and nonstructural stormwater best management practices selected to service the site must be included in the stormwater plan.

228) Story: That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

229) Story, half: A story which is situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.

230) Street: Any public or private vehicular way that provides access to property, including but not limited to state, county, village, and private roadways.

231) Stripping: Any activity which removes the vegetative surface cover including tree removal, clearing, grubbing, and storage or removal of topsoil.

232) Structure: Anything constructed or erected that covers more than 100 square feet or has a volume greater than 800 cubic feet or a height greater than six inches, but shall not include seasonal structures or children’s play systems.

233) Structural alterations: Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.

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234) Structural improvement: Any repair, re-construction, or improvement of a nonconforming structure, the cost of which equals or exceeds 50 percent of the present assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored before the damage occurred. The term does not, however, include either:

a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

b) Any alterations of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places.

c) Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.

235) Subdivision road: A village road or other officially approved means of access providing access to interior lots located within a subdivision or minor subdivision as defined in the Village of Bloomfield Land Division Ordinance.

236) Substandard structure: Any structure conforming in respect to use but not in respect to the frontage width, height, lot area, yard, parking, loading, or distance requirements of this ordinance.

230) Swimming pool: A receptacle for water, or an artificial pool of water, having at any point of more than two feet depth, whether above or below the ground, used or intended to be used by the owner thereof, and his family and invited friends, for bathing or swimming, and includes all structures, appurtenances, equipment, appliances, and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool. Temporary pools less than 260 square feet in area and four feet in depth which are dismantled and removed for the winter are not regulated as swimming pools.

231) Tourist court: Same as "Motel."

232) Turning lanes: An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.

233) Unit: A part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or part thereof) in a building.

234) Unnecessary hardship: That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.

235) Use: The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

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236) Use consistent with agricultural use: (Wis. Stats. 91.01 (10), 92.10) Any activity that meets all of the following conditions:

a) The activity will not convert land that has been devoted primarily to agricultural use, unless under a state or federal wetland restoration program or any other designated program as adopted by the Village Board of supervisors.

b) The activity will not limit the surrounding land's potential for agricultural use.

c) The activity will not conflict with agricultural operations on land subject to a farmland preservation agreement.

d) The activity will not conflict with agricultural operations on other properties.

237) Use, accessory: A subordinate use on the same lot which is incidental and customary in connection with the principal or conditional use.

238) Use, principal: The main use of land or building as distinguished from a subordinate or accessory use.

239) Use, conditional: Uses of a special nature so as to make impractical their predetermination as a principal use in a district.

240) Utilities: Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including electric power generation plants, sewage disposal plants, village incinerators, warehouses, shops, and storage yards.

241) Vision clearance: An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersection highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in this ordinance.

242) Wall sign: Any on-premise sign painted or attached to and erected parallel to the face of or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

243) Waterfront: Land at the edge of a navigable body of water such as a stream, river, pond, flowage, harbor, bay, or lake.

244) Woodland: Those upland acres 1 acre or more in size having 17 or more deciduous trees per acre, each measuring at least 4 inches DBH (diameter at 4 ½ feet above the ground) and having 50 percent or more tree canopy coverage. Coniferous tree plantations and reforestation projects are also considered woodlands.

245) Yard: An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

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246) Yard, rear: A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or opposite one of the street yards with driveway access on a corner lot.

247) Yard, side: A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. Any yards not designated as a street yard, rear yard, or shore yard shall also be deemed side yards.

248) Yard, shore: A yard within 75 feet of the ordinary high-water mark of a navigable body of water.

249) Yard, street: A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line, and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards, also called front yard.

250) Yards, perimeter: Required yard areas around the exterior boundaries of a parcel. Includes street yards, shore yards, side yards, and rear yards.

251) Zoning Administrator: For the purposes of this ordinance, the Zoning Administrator shall be the professional hired by Village of Bloomfield to administer and enforce the provisions of the zoning ordinance.

DIVISION 15. TELECOMMUNICATIONS

Sec. 27-180. Authority.

This ordinance is adopted under the authority granted by Wis. Stats. Ch. 61.34 and 66.0404 and amendments thereto. The Village of Bloomfield, Walworth County, Wisconsin, do ordain as follows:

This Ordinance shall be known as, referred to, and cited as the Mobile Tower Siting Ordinance, Village of Bloomfield, Wisconsin.

Sec. 27-181. Title

This Ordinance shall be known as, referred to, and cited as the Mobile Tower Siting Ordinance, Village of Bloomfield, Wisconsin.

Sec. 27-182. Purpose

The Purpose of this ordinance is to regulate by zoning permit (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

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Sec. 27-183. Intent

It is intended that the village shall apply these regulations to accomplish the following: 1. Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure, consistent with the Federal Telecommunications Act of 1996 and Wisconsin State Statute 66.0404, are provided to serve the community, as well as serve as an important and effective part of the Village law enforcement, fire and emergency response network. 2. Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the interests of the village citizens. 3. Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by Wis. Stats. § 59.69(4d)and (4f), or its successor sections, as amended from time to time or as preempted by federal law.

Sec. 27-184. Applicability

This ordinance applies only in the Village of Bloomfield

Sec. 27-185. Exempt from Village Review

The following shall be exempt from Village Review: (1) The use of all television antenna, satellite dishes and receive-only antennas, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property. (2) Amateur Radio. This chapter shall not govern the installation of any antenna and their supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or, is used exclusively for receive-only antennas. (3) Mobile services providing public information coverage of news events of a temporary or emergency nature. (4) Utility pole mounted antenna if the height of the antenna is 30 feet or less above the highest part of the utility pole. (5) Freestanding (ground mounted antenna) antennas (not supported on or attached to a building) and their supporting towers, poles or masts and their equipment buildings 350 square feet or less in size, may be installed without a zoning permit when the overall height of the antennas and their supporting structures do not exceed a height of 45 feet above the original grade at the site of the installation. Antennas, their supporting towers, poles or masts and their equipment building to be located in the A-1 zoning district are subject to meeting the requirements of Wis. Stats. § 91.01(10) as amended from time to time. (6) Antennas installed on, or attached to, any existing building (building mounted antenna), and their equipment buildings 350 square feet or less in size, when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or

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alternative support is 30 feet or less above the highest part of the building or alternative support structure to which it is attached. Antennas, installed on, or attached to, any existing building, and their equipment buildings to be located in the A-1 zoning district are subject to meeting the requirements of Wis. Stats. § 91.01(10) as amended from time to time.

Sec. 27-186. Definitions.

All applicable definitions in Chapter 27 shall also apply unless specifically defined in this chapter.

“Antenna” means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

“Application” means an application for a zoning permit under this Sec. to engage in an activity specified in sub. (2) (a) or a class 2 collocation.

“Class 1 collocation” means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.

“Class 2 collocation” means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.

“Collocation” means class 1 or class 2 collocation or both.

“Department” means the Bloomfield Village Zoning Department.

“Distributed antenna system” means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

“Equipment compound” means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

“Existing structure” means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.

“Fall zone” means the area over which a mobile support structure is designed to collapse.

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“Height” means the distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas and protection devices (e.g. lightning rods).

“Mobile service” has the meaning given in 47 USC 153 (33).

“Mobile service facility” means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

“Mobile service provider” means a person who provides mobile service.

“Mobile service support structure” means a freestanding structure that is designed to support a mobile service facility.

“Permit” means a Village Zoning Permit which authorizes any of the following activities by an applicant:

a. A class 1 collocation.

b. A class 2 collocation.

c. The construction of a mobile service support structure.

“Public utility” has the meaning given in s. 196.01 (5).

“Search ring” means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

“Substantial modification” means the modification of a mobile service support structure, including the mounting of an antenna on such a structure that does any of the following:

a. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

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b. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more. If a greater height is necessary to avoid interference with an existing antenna, the activity is not considered a substantial modification.

c. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation. If a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable, the activity is not considered a substantial modification.

d. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

“Support structure” means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

“Utility pole” means a structure owned or operated by an alternative telecommunications utility, as defined in s. 196.01(1d); public utility, as defined in s. 196.01 (5); telecommunications utility, as defined in s. 196.01 (10); political subdivision; or cooperative association organized under ch. 185; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in s. 182.017 (1g) (cq); for video service, as defined in s. 66.0420 (2) (y); for electricity; or to provide light

Sec. 27-187. Siting and construction of any new mobile service facility or substantial modification of facilities and support structures

Application Process

1. A zoning permit is required for the siting and construction of any new mobile service support structure and facilities and the substantial modification of an existing support structure and mobile service facilities (Class 1 collocation).

a. New mobile service support structure and facilities means a freestanding structure that is designed to support a mobile service facility and the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area.

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b. Substantial modification of an existing support structure and mobile service facilities means the modification of a mobile service support structure, including the mounting of an antenna on such a structure that does any of the following:

1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more. If a greater height is necessary to avoid interference with an existing antenna, the activity is not considered a substantial modification.

3. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation. If a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable, the activity is not considered a substantial modification.

4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

2. A zoning permit application must be completed by any applicant and submitted to the department. The application must contain the following information, if applicable:

a. The name, business address, phone number, e-mail address, facsimile number of the applicant and the contact individual.

b. The location of the proposed or affected support structure.

c. The location of the proposed mobile service facility.

d. If the application is to construct a new mobile service support structure a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

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e. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocations, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

f. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and the network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

g. Federal Communications Commission (FCC) license number and registration numbers, if applicable.

h. Copies of finding of no significant impacts (FONSI) statement from the Federal Communication Commission, if applicable.

i. Copies of determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings, if applicable.

j. Plans indicating security measures (i.e. fencing, lighting, etc).

k. A report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate additional antennas.

l. Copies of an Affidavit of Notification indicating that all operators and owners of airports located within ½ mile radius from heliports, 1 miles from private airport runways, or 3 mile radius from public use airport runways, have been notified via certified mail, if applicable.

m. Proof of Bond as surety for removal.

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3. Applications for a zoning permit shall be made to the department on forms furnished by the village.

4. If an applicant submits to the department an application for a zoning permit to engage in an activity described in this ordinance, which contains all the information required under this ordinance, the department shall consider the application complete. If the zoning administrator does not believe that the application is complete, the department shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

5. Within 90 days of its receipt of a complete application, the department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the department may agree in writing to an extension of the 90 day period:

a. Review the application to determine whether it complies with all applicable aspects of Village ordinances, subject to the limitations in this Sec..

b. Make a final decision whether to approve or disapprove the application.

c. Notify the applicant in writing, of its final decision.

d. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

6. The zoning administrator may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant’s search ring and provide the sworn statement described under paragraph 2.e.

If an applicant provides the zoning administrator with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required, that setback or fall zone area does not apply to such a structure unless the department provides the applicant with substantial evidence that the engineering certification is flawed

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Sec. 27-188 – Class 2 collocation .

Application Process.

1. A zoning permit is required for a class 2 collocation.

2. A zoning permit application must be completed by any applicant and submitted to the department. The application must contain the following information:

a. The name, business address, phone number, e-mail address, facsimile, etc. of the applicant and the contact individual.

b. The location of the proposed or affected support structure.

c. The location of the proposed mobile service facility.

3. Applications for a zoning permit shall be made to the department on forms furnished by the Village.

4. A class 2 collocation is subject to the same requirements for the issuance of a zoning permit to which any other type of commercial development or land use development in Chapter 27 is subject.

5. If an applicant submits to the department an application for a zoning permit to engage in an activity described in this ordinance, which contains all of the information required under this ordinance, the department shall consider the application complete. If any of the required information is not in the application, the department shall notify the applicant in writing, within five (5) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

6. Within 45 days of its receipt of a complete application, the department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the department may agree in writing to an extension of the 45 day period:

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a. Make a final decision whether to approve or disapprove the application.

b. Notify the applicant, in writing of its final decision.

c. If the application is approved, issue the applicant the relevant permit.

d. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

Sec. 27-189 – Setbacks and site development.

1. Setbacks from property lines. All new towers shall be setback a minimum of 50 feet from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)

2. Setback from road right of way of all streets. All new towers shall be setback from all streets a minimum as defined in the village zoning ordinances.

3. Setback from ordinary high water mark (OHWM). All new towers shall be setback a minimum of 75 feet from the ordinary high water mark (OHWM) of any navigable body of water.

4. Guy wire anchor setback. All guy wire anchors shall be at least 25 feet from all property lines.

5. An existing legal substandard mobile service support structure or facility existing at the time of the adoption or amendment of this ordinance may be continued although the structure’s size and/or location does not conform to the required setback(s). Additions, enlargements, reconstruction or replacement, within the scope of this Chapter, shall conform with the legally established setback lines, as detailed in Chapter 27.

6. Equipment shelters/buildings shall be limited to 350 square feet or less in size per mobile service provider and 15 feet in height measured from the lowest finished grade to the ridge of the highest roof line of the structure.

7. The leased area/equipment compound, intended for the location of the mobile service support structure and mobile service facility shall maintain a minimum size of twenty-five hundred (2,500) square feet.

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8. All sites must be served by a minimum 30 foot wide easement. All sites shall use existing access points and roads whenever possible. Any new access point to the site shall be approved by the applicable road jurisdiction.

9. Any parcel created shall meet the minimum lot area, width and frontage requirements in accordance with Chapter 27.

Sec. 27-190 – Abandonment.

1. Any mobile service support structure and facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Time may be extended upon review and approval of the department, if the tower owner demonstrates a good faith effort to secure new tenants. In such circumstances, the following shall apply:

a. The owner of such mobile service support structure and facility shall remove such within 90 days of receipt of notice from the department notifying the owner of such abandonment. If removal to the satisfaction of the department does not occur within 90 days, the county corporation counsel may order removal utilizing the established security for removal as provided below and salvage. If there are two or more users of a single tower, then this provision shall not become effective until all operation of the tower cease. The mobile service support structure shall notify the department when the facility is no longer in operation.

2. Removal. It is the express policy of the village and this chapter that mobile service support structure be removed once they are no longer in use and not a functional part of providing service and that it is the mobile service support structure owners responsibility to remove such structure and restore the site to its original condition or a condition approved by the department. This restoration shall include the removal of any subsurface structure or foundation including concrete used to support the structure down to ten feet below the surface. After a mobile service support structure is no longer in operation, the tower owner shall have 90 days to effect removal and restoration unless weather prohibits such efforts. The mobile service support structure owner shall record a document with the Walworth County Register of Deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.

3. Security for removal. The Mobile service support structure shall provide to the village, prior to issuance of a zoning permit, a performance bond in the amount of $20,000.00 or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the structure will be removed when no

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longer in operation. The village will be named as the obligee on the bond and must approve the bonding company.

Sec. 27-191 – Severability.

village If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or its applications of this ordinance that can be given effect without the invalid provision or application and to this end the provision of this ordinance are severable.

Sec. 27-192 – Transferability.

Permits granted under this chapter go with the land and are transferable. Permits granted under this chapter are not limited in duration. All chapter and permit requirements shall apply to subsequent owners. The department shall be notified of any change in ownership including, but not limited to, facility leases, mortgages, liens or other instruments which may affect title to the property.

Sec. 27-193 – Appeal Procedure.

Those dimensional standards established herein in accordance with Wisconsin Statute 61.35 may be appealed to the Village Board for a variance following the provisions of Chapter 27, Village Code of Ordinances, Zoning or Shoreland Zoning. A party who is aggrieved by the final decision of the department may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located.

Sec. 27-194 – Limitations.

All limitations contained in Wis. Stat. ss/ 66.0404(4) are hereby incorporated by reference

Sec. 27-195 through Sec. 27-200 Reserved for Future Use

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CHAPTER 28: FLOODPLAIN

WISCONSIN DEPARTMENT OF NATURAL RESOURCES

MODEL FLOODPLAIN ORDINANCE

Effective January 1, 2012

Chapter 28 Board Action Created May 7, 2012, Ordinance No. 2012-O-03 Revised July 15, 2014, Ordinance No. 2014-O-15

-1 TABLE OF CONTENTS

28.01 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS 2 (1) Statutory Authorization 2 (2) Finding of Fact 2 (3) Statement of Purpose 2 (4) Title 2 (5) General Provisions 2 (a) Areas to be Regulated 2 (b) Official Maps and Revisions 3 (c) Establishment of Districts 3 (d) Locating Floodplain Boundaries 3 (e) Removal of Lands from Floodplain 4 (f) Compliance 4 (g) Municipalities and State Agencies Regulated 4 (h) Abrogation and Greater Restrictions 4 (i) Interpretation 4 (j) Warning and Disclaimer of Liability 5 (k) Severability 5 (l) Annexed Areas for Cities/Villages 5 28.02 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN 5 (1) Hydraulic and Hydrologic Analyses 5 (2) Watercourse Alterations 6 (3) Chapter 30, 31, Wis. Stats., Development 6 (4) Public or Private Campgrounds 6 (5) Compensatory Flood Storage 7 28.03 FLOODWAY DISTRICT (FW) 7 (1) Applicability 7 (2) Permitted Uses 7 (3) Standards for Development 8 (4) Prohibited Uses 9 28.04 FLOODFRINGE DISTRICT (FF) 10 (1) Applicability 10 (2) Permitted Uses 10 (3) Standards for Development 10 28.05 GENERAL FLOODPLAIN DISTRICT (GFP) 12 (1) Applicability 12 (2) Permitted Uses 12 (3) Standards for Development 13 (4) Determining Floodway/Floodfringe Limits 13 28.06 NONCONFORMING USES 13 (1) General 13 (2) Floodway Districts 16 (3) Floodfringe Districts 16 28.07 ADMINISTRATION 17 (1) Zoning Administrator 17 (2) Zoning Agency 22 (3) Board of Adjustment/Appeals 23 (4) To Review Appeals of Permit Denials 25 (5) Floodproofing 26 (6) Public Information 26 28.08 AMENDMENTS 27 (1) General 27 (2) Procedures 27 28.09 ENFORCEMENT AND PENALTIES 28 28.10 DEFINITIONS 28

-2 28.01 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS

(1) STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for villages and cities; 59.69, 59.692, and 59.694 for counties; and the requirements in s. 87.30, Stats.

(2) FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

(3) STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to:

(a) Protect life, health and property;

(b) Minimize expenditures of public funds for flood control projects;

(d) Minimize business interruptions and other economic disruptions;

(e) Minimize damage to public facilities in the floodplain;

(f) Minimize the occurrence of future flood blight areas in the floodplain;

(g) Discourage the victimization of unwary land and homebuyers;

(h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(i) conflicts between property owners; and

(j) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(4) TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for the Village of Bloomfield, Wisconsin.

(5) GENERAL PROVISIONS (a) AREAS TO BE REGULATED This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

(b) OFFICIAL MAPS & REVISIONS The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-

-3 30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see s. 28.08 Amendments) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Clerk, Village of Bloomfield. If more than one map or revision is referenced, the most restrictive information shall apply.

(i) OFFICIAL MAPS: Based on the FIS

(a) Flood Insurance Rate Map (FIRM), panel numbers 55127C0345D, 55127C0363D, 55127C0364D, 55127C0362D, 55127C0361D, 55127C0355D, 55127C0366D, 55127C0333D, 55127C0334D, 55127C0368D dated 10/02/2009; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 09/03/2014; volume 55127CV000B.

Approved by: The DNR and FEMA

(ii) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.

(a) Letter of Map Revision: Revalidated Letters of Map Change for Walworth County, WI Case No: 07-05-0407V Approved by: The DNR and FEMA

(c) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The regional floodplain areas are divided into three districts as follows:

(i) The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.

(ii) The Flood fringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.

(iii) The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.

(d) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subd (i) or (ii) below. If a significant difference exists, the map shall be amended according to s. 28.08 Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments

-4 required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to s. 28.07(3)(c) and the criteria in (i) and (ii) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. 28.08 Amendments.

(i) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(ii) Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.

(e) REMOVAL OF LANDS FROM FLOODPLAIN Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. 28.08 Amendments.

(f) COMPLIANCE Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations.

(g) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies.

(h) ABROGATION AND GREATER RESTRICTIONS (i) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under ss. 59.69, 59.692 or 59.694 for counties; s. 62.23 for cities; s. 61.35 for villages; or s. 87.30, Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(ii) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

(i) INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

-5 (j) WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.

(k) SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

(l) ANNEXED AREAS FOR CITIES AND VILLAGES The Walworth County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

28.02 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.

Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 28.07(1)(b). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.

(1) HYDRAULIC AND HYDROLOGIC ANALYSES (a) No floodplain development shall:

(i) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

(ii) Cause any increase in the regional flood height due to floodplain storage area lost.

(b) The zoning administrator shall deny permits if it is determined the proposed

-6 development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 28.08 Amendments are met.

(2) WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 28.02(1) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 28.08 Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(3) CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to s. 28.08 Amendments.

(4) PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

(a) The campground is approved by the Department of Health Services;

(b) A land use permit for the campground is issued by the zoning administrator;

(c) The character of the river system and the campground elevation are such that a 72- hour warning of an impending flood can be given to all campground occupants;

(d) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

(e) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (d) - to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;

(f) Only camping units that are fully licensed, if required, and ready for highway use are allowed;

(g) The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;

-7 (h) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;

(i) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

(j) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either s. 28.03, 28.04 or 28.05 for the floodplain district in which the structure is located;

(k) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and

(l) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

(5) COMPENSATORY FLOOD STORAGE

(1) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage. (2) If compensatory storage cannot be provided, development approval may be obtained upon receiving plan approval from the Engineer and meeting all other standards in this Ordinance.

28.03 FLOODWAY DISTRICT (FW)

(1) APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 28.05.

(2) PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:

• they are not prohibited by any other ordinance; • they meet the standards in s. 28.03(3)and 28.03(4); and • all permits or certificates have been issued according to s. 28.07(1).

(a) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

(b) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

-8 picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 28.03(3)(d).

(d) Uses or structures accessory to open space uses, or classified as historic structures that comply with s. 28.03(3) and 28.03(4).

(e) Extraction of sand, gravel or other materials that comply with s. 28.03(3)(d).

(f) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.

(g) Public utilities, streets and bridges that comply with s. 28.03(3)(c).

(3) STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY (a) GENERAL

(i) Any development in the floodway shall comply with s. 28.02 and have a low flood damage potential.

(ii) Applicants shall provide the following data to determine the effects of the proposal according to s. 28.02(1):

(a). A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

(b). An analysis calculating the effects of this proposal on regional flood height.

(iii) The zoning administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subd. (ii) above.

(b) STRUCTURES Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

(i) Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;

(ii) Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(iii) Must be anchored to resist flotation, collapse, and lateral movement;

(iv) Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and

-9 (v) It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

(i) Adequate floodproofing measures are provided to the flood protection elevation; and

(ii) Construction meets the development standards of s. 28.02(1).

(d) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if:

(i) The requirements of s. 28.02(1) are met;

(i) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;

(i) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

(iv) The fill is not classified as a solid or hazardous material.

(4) PROHIBITED USES All uses not listed as permitted uses in s. 28.03(2) are prohibited, including the following uses:

(a) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

(b) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(d) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department- approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;

(e) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;

(f) Any solid or hazardous waste disposal sites;

(g) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and

(h) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the

-10 regulations for the floodplain area occupied.

28.04 FLOODFRINGE DISTRICT (FF)

(1) APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 28.05(4).

(2) PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 28.04(3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in s. 28.07(1) have been issued.

(3) STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE S. 28.02(1) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of s. 28.06 Nonconforming Uses;

(a) RESIDENTIAL USES Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of s. 28.06 Nonconforming Uses;

(i) The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of s 28.04(3)(a)(ii) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.

(ii) The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;

(iii) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (iv).

(iv) In developments where existing street or sewer line elevations make compliance with subd. (iii) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:

(a) The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

(b) The municipality has a DNR-approved emergency evacuation plan.

(b) ACCESSORY STRUCTURES OR USES Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

(c) COMMERCIAL USES Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of s. 28.04(3)(a). Subject to the requirements of s. 28.04(3)(e), storage yards, surface parking lots and other such uses may be placed

-11 at lower elevations if an adequate warning system exists to protect life and property.

(d) MANUFACTURING AND INDUSTRIAL USES Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in s 28.07(5). Subject to the requirements of s. 28.04(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(e) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 28.07(5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(f) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and

(i) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 28.07(5).

(i) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(g) SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 28.07(5)(c), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.

(h) WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 28.07(5)(c), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.

(i) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(j) DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance.

(k) MANUFACTURED HOMES (i) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

(ii) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

-12

(a) Have the lowest floor elevated to the flood protection elevation; and

(b) Be anchored so they do not float, collapse or move laterally during a flood

(iii) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 28.04(3)(a).

(l) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in s. 28.04(3)(k)(ii) and (iii). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

28.05 GENERAL FLOODPLAIN DISTRICT (GFP)

(1) APPLICABILITY The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones.

(2) PERMITTED USES Pursuant to s. 28.05(4), it shall be determined whether the proposed use is located within the floodway or floodfringe.

Those uses permitted in the Floodway (s. 28.03(2)) and Floodfringe (s. 28.04(2)) Districts are allowed within the General Floodplain District, according to the standards of s. 528.05(3), provided that all permits or certificates required under s. 28.07(1) have been issued.

(3) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT S. 28.03 applies to floodway areas, s. 28.04 applies to floodfringe areas. The rest of this ordinance applies to either district.

(a) In AO/AH Zones the structure’s lowest floor must meet one of the conditions listed below whichever is higher:

(i) at or above the flood protection elevation; or

(ii) two (2) feet above the highest adjacent grade around the structure; or

(iii) the depth as shown on the FIRM

(b) In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.

(4) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the general floodplain district, the zoning administrator shall:

(a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits,

-13 stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM.

(b) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.

(i) A Hydrologic and Hydraulic Study as specified in s. 28.07(1)(b)(iii).

(ii) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;

(iii) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

28.06 NONCONFORMING USES

(1) GENERAL (a) APPLICABILITY

If these standards conform with s. 59.69(10), Stats., for counties or s. 62.23(7)(h), Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto.

(b) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:

(i) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.

The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

(ii) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;

(iii) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the

-14 structure's total current value those modifications represent;

(iv) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 28.04(3)(a). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;

(v) No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 28.04(3)(a).

(vi) If on a per event basis the total value of the work being done under (iv) and (v) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 28.04(3)(a).

(vii) Except as provided in subd. (viii), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.

(viii) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.

(a). Residential Structures

(i) Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of s. 28.07(5)(b).

(ii) Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

(iii) Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the

-15 components during conditions of flooding.

(iv) In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

(v) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 28.05(3)(a).

(vi) In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

(b). Nonresidential Structures (i) Shall meet the requirements of s. 28.06(1)(b)(viii)(a)i-ii and iv-vi.

(ii) Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 28.07(5)(a) or (b).

(iii) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 28.05(3)(a).

(c) A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with s. 28.03(3)(a), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 28.07(5) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 28.06(1)(b)(viii)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

(2) FLOODWAY DISTRICT (a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:

(i) Has been granted a permit or variance which meets all ordinance requirements;

(ii) Meets the requirements of s. 28.06(1);

(iii) Shall not increase the obstruction to flood flows or regional flood height;

(iv) Any addition to the existing structure shall be floodproofed, pursuant to s. 28.07(5), by means other than the use of fill, to the flood protection elevation; and

(v) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

(a). The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

-16

(b). The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

(c). Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

(d). The use must be limited to parking, building access or limited storage.

(b) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s. 28.07(5)(c) and ch. SPS 383, Wis. Adm. Code.

(c) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 28.07(5)(c) and chs. NR 811 and NR 812, Wis. Adm. Code.

(3) FLOODFRINGE OVERLAY DISTRICT (a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of s. 28.04(3) except where s. 28.06(3)(b) is applicable.

(b) Where compliance with the provisions of subd. (a) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in s. 28.07(3), may grant a variance from those provisions of subd. (a) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

(i) No floor is allowed below the regional flood elevation for residential or commercial structures;

(ii) Human lives are not endangered;

(iii) Public facilities, such as water or sewer, shall not be installed;

(iv) Flood depths shall not exceed two feet;

(v) Flood velocities shall not exceed two feet per second; and

(vi) The structure shall not be used for storage of materials as described in s. 28.04(3)(e).

(c) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, 28.07(5)(c) and ch. SPS 383, Wis. Adm. Code.

(d) All new wells, or addition to, replacement, repair or maintenance of a well shall meet

-17 the applicable provisions of this ordinance, s. 28.07(5)(c) and ch. NR 811 and NR 812, Wis. Adm. Code.

28.07 ADMINISTRATION Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance.

(1) ZONING ADMINISTRATOR (a) DUTIES AND POWERS The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers:

(i) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

(ii) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.

(iii) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.

(iv) Keep records of all official actions such as:

(a) All permits issued, inspections made, and work approved; (b) Documentation of certified lowest floor and regional flood elevations; (c) Floodproofing certificates. (d) Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. (e) All substantial damage assessment reports for floodplain structures. (f) List of nonconforming structures and uses. .

(vi) Submit copies of the following items to the Department Regional office:

(a) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;

(b) Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken.

(vii) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.

(vii) Submit copies of amendments and biennial reports to the FEMA Regional office.

(b) LAND USE PERMIT A land use permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure,

-18 including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:

(i) GENERAL INFORMATION

(a) Name and address of the applicant, property owner and contractor;

(b) Legal description, proposed use, and whether it is new construction or a modification;

(ii) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain:

(a) Location, dimensions, area and elevation of the lot;

(b) Location of the ordinary highwater mark of any abutting navigable waterways;

(d). Location of any existing or proposed on-site sewage systems or private water supply systems;

(e) Location and elevation of existing or future access roads;

(f) Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

(g) The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

(h) Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of s. 28.03 or 28.04 are met; and

(i) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 28.02(1). This may include any of the information noted in s. 28.03(3)(a).

(iii) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.

(a) Zone A floodplains: (i) Hydrology a. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

(ii) Hydraulic modeling

-19 The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

a. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.

b. channel sections must be surveyed.

c. minimum four foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

d. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.

e. the most current version of HEC_RAS shall be used.

f. a survey of bridge and culvert openings and the top of road is required at each structure.

g. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

h. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.

i. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.

(iii). Mapping A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.

a. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

b. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.

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(b). Zone AE Floodplains (i). Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

(ii). Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

a. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.

b. Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review.

c. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.

d. Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.

e. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

f. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.

(iii). Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:

a. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work

-21 map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.

b. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.

c. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.

d. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.

e. The revised floodplain boundaries shall tie into the effective floodplain boundaries.

f. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.

g. Both the current and proposed floodways shall be shown on the map.

h. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.

(iv) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.

(c) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:

(i) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;

(ii) Application for such certificate shall be concurrent with the application for a permit;

(iii) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed;

(iv) The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 7.5 are met.

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(d) OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.

(2) ZONING AGENCY (a) The planning and zoning commission shall:

(i) Oversee the functions of the office of the zoning administrator; and

(ii) Review and advise the governing body on all proposed amendments to this ordinance, maps and text.

(b) The planning and zoning commission shall not:

(i) Grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or

(ii) Amend the text or zoning maps in place of official action by the governing body.

(3) BOARD OF ADJUSTMENT/APPEALS The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties or s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the Board.

(a) POWERS AND DUTIES The Board of Adjustment/Appeals shall:

(i) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;

(ii) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and

(iii) Variances - Hear and decide, upon appeal, variances from the ordinance standards.

(b) APPEALS TO THE BOARD (i) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.

(ii) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES

(a). Notice - The board shall:

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(i) Fix a reasonable time for the hearing; (ii) Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and (iii) Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.

(b) Hearing - Any party may appear in person or by agent. The board shall:

(i) Resolve boundary disputes according to s. 28.07(3)(c); (ii) Decide variance applications according to s. 28.07(3)(d); and (iii) Decide appeals of permit denials according to s. 28.07(4).

(iii) DECISION: The final decision regarding the appeal or variance application shall:

(a) Be made within a reasonable time;

(b) Be sent to the Department Regional office within 10 days of the decision;

(d) State the specific facts which are the basis for the Board's decision;

(e) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and

(f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

(c) BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

(i) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;

(ii) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and

(iii) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to s. 28.08 Amendments.

(d) VARIANCE (i) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:

(a) Literal enforcement of the ordinance will cause unnecessary hardship;

(b) The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the

-24 ordinance or map must be amended;

(d) The variance is consistent with the purpose of this ordinance in s. 28.01(3).

(ii) In addition to the criteria in subd. (i), to qualify for a variance under FEMA regulations, the following criteria must be met:

(a) The variance shall not cause any increase in the regional flood elevation;

(b) Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and

(c) Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance.

(iii) A variance shall not:

(a) Grant, extend or increase any use prohibited in the zoning district;

(b) Be granted for a hardship based solely on an economic gain or loss;

(d) Damage the rights or property values of other persons in the area;

(e) Allow actions without the amendments to this ordinance or map(s) required in s. 28.08 Amendments; and

(f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

(iv) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.

(4) TO REVIEW APPEALS OF PERMIT DENIALS (a) The Zoning Agency (s. 28.07(2)) or Board shall review all data related to the appeal. This may include:

(i) Permit application data listed in s. 28.07(1)(b);

(ii) Floodway/floodfringe determination data in s. 28.05(4);

(iii) Data listed in s. 28.03(3)(a)(ii) where the applicant has not submitted this information to the zoning administrator; and

(iv) Other data submitted with the application, or submitted to the Board with the appeal.

-25 (b) For appeals of all denied permits the Board shall:

(i) Follow the procedures of s. 28.07(3);

(ii) Consider zoning agency recommendations; and

(iii) Either uphold the denial or grant the appeal.

(i) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 28.08 Amendments; and

(ii) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.

(5) FLOODPROOFING STANDARDS FOR NONCOMFORMING STRUCTURES OR USES (a) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate.

(b) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

(i) Certified by a registered professional engineer or architect; or

(ii) Meets or exceeds the following standards:

(a) a minimum of two openings having a total net area of not less thank one square inch for every square foot of enclosed area subject to flooding;

(b) the bottom of all openings shall be no higher than one foot above grade; and

(c) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(i) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

(ii) Protect structures to the flood protection elevation;

(iii) Anchor structures to foundations to resist flotation and lateral movement; and

(iv) Minimize or eliminate infiltration of flood waters.

(v) Minimize or eliminate discharges into flood waters.

(6) PUBLIC INFORMATION

-26 (a) Place marks on structures to show the depth of inundation during the regional flood.

(b) All maps, engineering data and regulations shall be available and widely distributed.

28.08 AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 28.08(1).

(a) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 28.08(1). Any such alterations must be reviewed and approved by FEMA and the DNR.

(b) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 28.08(1).

(1) GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 28.08(2) below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:

(a) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

(b) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

(d) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;

(e) Correction of discrepancies between the water surface profiles and floodplain maps;

(f) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and

(g) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(2) PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats., for cities and villages, or 59.69, Stats., for counties. The petitions shall include all data required by s. 28.05(4) and 28.07(1)(b). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.

-27 (a) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and villages or s. 59.69, Stats., for counties.

(b) No amendments shall become effective until reviewed and approved by the Department.

(c) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

28.09 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $ 10.00 (ten dollars) and not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.

28.10 DEFINITIONS Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.

1. A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

2. AH ZONE – See “AREA OF SHALLOW FLOODING”.

3. AO ZONE – See “AREA OF SHALLOW FLOODING”.

4. ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.

5. ALTERATION – An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.

6. AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

7. BASE FLOOD – Means the flood having a one percent chance of being equaled or

-28 exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

8. BASEMENT – Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.

9. BUILDING – See STRUCTURE.

10. BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.

11. CAMPGROUND – Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.

12. CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pickup truck, or tent that is fully licensed, if required, and ready for highway use.

13. CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.

14. CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

15. CRAWLWAYS OR "CRAWL SPACE" – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

16. DECK – An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

17. DEPARTMENT – The Wisconsin Department of Natural Resources.

18. DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

19. DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

20. ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway.

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21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program.

22. FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

23. FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

24. FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.

25. FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.

26. FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.

27. FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

28. FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.

29. FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

30. FLOODPLAIN MANAGEMENT – Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

31. FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the

-30 water surface elevation of a flood event to locations of land surface elevations along a stream or river.

32. FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

33. FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.)

34. FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

35. FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

36. FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

37. HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation.

38. HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.

39. HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

40. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

41. HISTORIC STRUCTURE – Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

42. INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood

-31 elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

43. LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)

44. LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building.

45. LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

46. MAINTENANCE – The act or process of restoring to original soundness, including redecorating, refinishing, non structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

47. MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."

48. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.

49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

50. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.

51. MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self- propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."

52. MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.

-32 53. MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

54. MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.

55. MODEL, EXISTING (PRE-PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.

56. MODEL, REVISED (POST-PROJECT) – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.

57. MUNICIPALITY" or "MUNICIPAL – The county, city or village governmental units enacting, administering and enforcing this zoning ordinance.

58. NAVD” or “NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment.

59. NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment.

60. NEW CONSTRUCTION – For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

61. NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)

62. NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)

63. OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

64. OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 28.07(5)(b), which has been approved by the Department and FEMA.

65. OPEN SPACE USE – Those uses having relatively low flood damage potential and not involving structures.

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66. ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

67. PERSON – An individual, or group of individuals, corporation, partnership, association, municipality or state agency.

68. PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

69. PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

70. REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

71. REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.

72. START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

73. STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

74. SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats.

75. SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

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76. SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work preformed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

77. UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.

78. VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.

79. VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

80. WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water.

81. WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

82. WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

-35 CHAPTER 29 RESERVED

CHAPTER 30 RESERVED

CHAPTER 31 PUBLIC UTILITIES SUMMARY Chapter 31 provides for the management and control of the sewer and water utilities serving the Village of Bloomfield, requires all properties within the Village of Bloomfield that were previously included in the Pell Lake Sanitary District and future lands annexed into the Utility District to connect to the municipal sewer and water utilities, provides the mechanism by which sewer and water rates shall be determined, and sets forfeiture amounts for violations of the provisions of Ch. 31.

PUBLIC UTILITIES

31.01 Title/Purpose 31.02 Authority 31.03 Adoption of Ordinance

SEWER 31.101 Purpose 31.102 Definitions 31.103 Use of Sanitary Sewers 31.104 Use of Storm Sewers 31.105 Prohibitions and Limitation 31.106 Use of the Public Sewer Required 31.107 Building Sewers and Connections 31.108 Provision of Sewer Service to New Developments 31.109 Industrial Wastes 31.110 Basis for Sewer Charges 31.111 Sewer Service Charges 31.112 Billing Practice 31.113 Audit, Notification and Records 31.115 Violations and Penalties 31.116 Appeals 31.117 Validity

WATER

31.201 Definitions 31.202 Management 31.203 Powers 31.204 Reserved 31.205 Title to Property 31.206 Mandatory Hook-Up 31.207 Excavations 31.208 Tapping the Main

31.209 Permits Required 31.210 Installation of House Laterals 31.211 Meters 31.212 Inspection 31.213 Utility Responsibility 31.214 Installation Costs 31.215 Abandonment Required 31.216 Well Operation Permit 31.217 Abandonment Procedure 31.218 Penalties for Non-Complying Wells 31.219 Repairs and Maintenance 31.220 Penalty for Improper Use 31.221 Municipal Water Utility Rules 31.222 Rates and Payment

Chapter 31 Board Action January 30, 2012, Absorption of the Pell Lake Sanitary District Adoption July 1, 2013, Ordinance No. 2013-O-05 Repeal & Recreate June 2, 2014, Ordinance No. 2014-O-12 Repeal & Recreate August 4, 2014, Ordinance No. 2014-O-16

CHAPTER 31: PUBLIC UTILITIES

31.01 TITLE/PURPOSE This Chapter is entitled “Public Utilities.” The purpose of Chapter 31 is to regulate the provision of water and sewer services by the Village of Bloomfield (hereinafter referred to as the “Village”) 31.02 AUTHORITY The Village Board has the specific authority, powers, and duties, pursuant to Wis. Stat. §§ 60.79 and 66.0819 to construct, acquire, or lease, or extend and improve, a plant and equipment within or without its corporate limits for the furnishing of water to the municipality or to its inhabitants, and for the collection, treatment, and disposal of sewage, including the lateral, main and intercepting sewers, and all necessary equipment. 31.03 ADOPTION OF ORDINANCE The Village Board has, by adoption of this Chapter, confirmed the specific statutory authority set forth above and hereby adopts this ordinance in conformity therewith. SEWER 31.101 PURPOSE The purpose of this section is to establish regulations for the use of public and private sewers and drains, for the installation and connection of building sewers, and for the discharge of waters and wastes into the public sewer system compatible with regulations of the State of Wisconsin Department of Natural Resources; to provide for penalties for violations thereof; to provide for the levying and collection of sewer service charges and penalties; and to provide for a system of charges to new customers to compensate the Village for reserve capacity designed and built into the sewer system. 31.102 DEFINITIONS (A.) BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidization of organic matter in five (5) days at 20 degrees Celsius, expressed as milligrams per liter (mg/1). Quantitative determination of BOD shall be made in accordance with procedures set forth in “Standard Methods.” (B.) BUILDING DRAIN shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the

3 walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. (C.) COMBINED SEWER shall mean a sewer intended to receive both wastewater and storm or surface water (D.) COMPATIBLE POLLUTANTS shall mean biochemical oxygen demand, suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants, and, in fact, do remove such pollutants to a substantial degree. (E.) GARBAGE shall mean the residue from the preparation, cooking and dispensing of food, including without limitation, grease, cooking oil, and similar products, and from the handling, storage, and sale of food products and produce. (F.) GROUND GARBAGE shall mean the residue from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one- half (1/2) inch in any dimension. (G.) HOLDING TANK WASTE shall mean any untreated wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and vacuum pump tank trucks (H.) INCOMPATIBLE POLLUTANTS shall mean wastewater with pollutants that will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility. (I.) LATERAL shall mean the extension from the building drain to the public sewer or other place of disposal. (J.) MUNICIPALITY shall mean the Village. (K.) NATURAL OUTLET shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. (L.) NORMAL DOMESTIC STRENGTH WASTEWATER shall mean wastewater with concentrations of BOD no greater than 200 mg/1,

suspended solids no greater than 250 mg/1, and phosphorus no greater than 6 mg/1. (M.) OPERATION AND MAINTENANCE COSTS shall include all costs associated with the operation and maintenance of the wastewater collection and treatment facilities, as well as the costs associated with periodic equipment replacement necessary for maintaining capacity and performance of wastewater collection and treatment facilities. (N.) PARTS PER MILLION shall be a weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water (O.) PERSON shall mean any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity. (P.) pH shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7. (Q.) PUBLIC SEWER shall mean any publicly owned sewer, storm drain, sanitary sewer, or combined sewer. (R.) REPLACEMENT COSTS shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater collection facilities to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs shall include replacement costs. (S.) SANITARY SEWAGE shall mean a combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities. (T.) SANITARY SEWER shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally. (U.) SEWAGE is the spent water of a community. The preferred term is “wastewater.”

(V.) SEWER shall mean a pipe or conduit that carries wastewater or drainage water. (W.) SEWERAGE SYSTEM shall mean the facilities used for the collection, treatment, and disposal of wastewater. (X.) SEWER SERVICE CHARGE is a charge levied on users of the wastewater collection and treatment service to recover annual revenues for debt service, Replacement Costs, and Operation and Maintenance expenses of said facilities. (Y.) SLUG shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation, and shall adversely affect the collection system and/or performance of the wastewater treatment works. (Z.) STANDARD METHODS shall mean the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. (AA.) STORM DRAIN (or STORM SEWER) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source. (AB.) STORM WATER RUNOFF shall mean that portion of the rainfall that is drained into the sewers. (AC.) SUSPENDED SOLIDS shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods, and referred to as nonfilterable residue. (AD.) TREATMENT AUTHORITY shall mean the Village. (AE.) UNPOLLUTED WATER is water of a quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

(AF.) USER CHARGE is a charge levied on users of the wastewater collection and treatment facilities for payment of Operation and Maintenance Costs of said facilities. (AG.) WASTEWATER shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present. (AH.) WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM) shall mean the equipment required to collect and carry away domestic and industrial wastewater. (AI.) WASTEWATER TREATMENT FACILITY shall mean the arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. (AJ.) WATERCOURSE shall mean a natural or artificial channel for the passage of water, either continuously or intermittently. (AK.) WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT is a document issued by the Wisconsin State Department of Natural Resources which establishes effluent limitation and monitoring requirements for the regional wastewater treatment facility WPDES Permit and modifications thereof pertain to the Village’s Wastewater Treatment Facility. 31.103 USE OF SANITARY SEWERS No person(s) shall discharge or cause to be discharged any unpolluted water such as storm water, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer in the Village. Storm water runoff from limited areas which may be polluted at times, may be discharged to the sanitary sewers by permission of the Village Board. No person(s) shall discharge or cause to be discharged any sanitary sewerage, or wastewater into the wastewater collection facilities of the Village unless the property of such person(s) is first physically connected to the Village water system and has ceased discharging waters from a private source into the wastewater collection facilities of the Village. 31.104 USE OF STORM SEWERS Storm water, other than that exempted under paragraph 31.103(A), above, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural

7 outlet approved by the Village and other regulatory agencies. Unpolluted cooling water or process waters may be discharged into a storm sewer, combined sewer or natural outlet with the Village’s approval. 31.105 PROHIBITIONS AND LIMITATION (A) PROHIBITIONS Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer of the Village: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, gas or any petroleum product. (2) Any waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility. (3) Any waters or wastes having a pH in excess of 9.0. (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater collection and treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, paper or cloth diapers, cups, milk containers, etc., either whole or ground by garbage grinders. (5) Any other discharge that violates the requirements of the WPDES permit and the modifications thereof. (B) SPECIAL ARRANGEMENTS. No statement contained in this Chapter shall be construed as prohibiting any special agreement between the Village and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater collection and treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater collection and treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the Village without recompense by

8 the person, and being further subject to the specific conditions and rates as prescribed by the Village. (C) SEPTIC TANK AND HOLDING TANK DISPOSAL. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or sewer manhole located within the Village. 31.106 USE OF THE PUBLIC SEWER REQUIRED. (A) It shall be unlawful for any person to place, deposit or permit to be deposited upon any public or private property within the Village any human or animal excrement (other than the normal type of fertilizer), garbage or other objectionable waste. (B) It shall be unlawful to discharge to any natural outlet within the Village, or in any are under the jurisdiction of the Village, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with an order of the Village and the Plumbing and Drainage Code in force in the Village. (C) The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation, occupancy or employment or for the carrying on of any trade or business on a continuing basis situated within the Village and abutting on any street, alley or right-of-way in which a public sewer is located, or in which the extension of the public sewer may be deemed feasible by the Village is hereby required at the owner’s expense to install suitable wastewater facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within two hundred seventy (270) days after the date of official notice to do so. Absent any extraordinary conditions, any building which may be connected to the sewer line with a lateral up to 300 feet long shall be declared a feasible connection. If an owner of a parcel as described herein in the Village claims that the house, building, property, or any structure on the parcel, which had previously been inhabited by human beings, or used for the carrying on of any trade or business on a continuing basis is not fit for human habitation, is not inhabited, and is not fit for business or trade use, so as to be exempt from the connection requirement, the owner of said parcel must submit satisfactory proof that no human is currently occupying or living in the structure and that

9 the property is in fact not being used for any trade or business and shall further submit a statement from the building inspector that the structure, house, building or property is currently not fit for human habitation. Failing such proof, the building, house, structure, or property shall be deemed fit for human habitation and/or use of trade or business on a continuing basis and connection will be required as provided in these ordinances. Such proof must be submitted within thirty (30) days of receipt of a notice requiring connection to the village system or such proof shall be deemed insufficient and connection ordered as provided in these ordinances. (D) The maintenance and use of outhouses, vault privies, septic systems, holding tanks and other private wastewater collection systems are hereby declared to be a public nuisance and a health hazard. Any such systems not in conformity with the requirements of this ordinance shall be abandoned, caved in and filled, within thirty (30) days of connection to public sanitary sewers as provided in Section 31. 106(C), above. (E) No person, firm or corporation shall carry on the business of pluming or installation of plumbing or sewer connections or drain laying or do or perform any such work within the limits of the Village, until he, they or it shall have first obtained the Plumber’s License prescribed by the State of Wisconsin, as required by law, and shall exhibit said license to the Village Building Inspector upon request. 31.107 BUILDING SEWERS AND CONNECTIONS (A) Supervision and Inspection. The Village Building Inspector or his designee shall act as inspector under the direction of the Village and shall have control of the supervision and inspection of drainage, drain laying and sewer connections and the authority to enforce all laws, ordinances and rules in relation thereto. Thereinafter, the Village Building Inspector, acting in this capacity, is referred to as the “Inspector”. (B) Opening Public Sewer Prohibited. No unauthorized personal shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a digging permit from the Inspector.

(C) Connection Permit Required. No connections shall be made to any of the sewers of the Village from any building, premises, excavation place or property of any kind whatsoever by any drain, tap or sewer intended or designed to, or capable of, discharging any matter, whether fluid or solid, into the sewers of the Village unless a sewer connection permit has first been issued therefor by the Village Building Inspector. (D) Application and Fees. The applicant for a sewer connection permit shall file a written application for such permit with the Village Building Inspector for his approval. Before the Inspector issues any such permit or approves any application so filed, he shall collect the standard fee from the applicant to cover inspection costs, and he shall inspect the premises covered by the application. (E) Inspection of Connection. The applicant for the building sewer permit shall notify the Village Building Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector. (F) Connections. No permit shall be issued to connect with the public sanitary sewer any excavation or open basement. No permit shall be issued to connect any building with the Sanitary Sewer until such building is completely enclosed by rood, the outside wall backfilled to established grade, and all sanitary sewer lines within buildings that will be covered by basement floors have been inspected and approved by the Inspector and after the permanent floor is constructed in the basement. For buildings without basements or for mobile home pads, the permit shall be issued after the footing and the sub-floor or pad has been constructed. (G) Owner’s Liability. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (H) Single Connection. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to

the rear building and the whole considered as one building sewer. (I) Old Sewer. Old Building sewers may be used in connection with new buildings only when they are found on examination and test by the Inspector to meet all requirements of this ordinance. (J) Sumps and Sump Pumps Required. In all buildings where a foundation drainage system is provided and there is no natural drain for this sub-surface water to drain into, the owner shall provide or build a suitable pit, minimum size fifteen inches (15”) diameter by thirty inches (30”) deep, to collect all water that may enter the foundation drainage system; also he shall install, operate and maintain a sump pump, cellar drainer or some suitable pump and he shall pump this foundation water to a storm sewer or outside the building to a natural drain, or discharge point at least fifteen (15) feet from the foundation drainage to the sanitary sewer system. It shall be unlawful to willfully allow any sump pit to overflow into the basement floor drain that is connected to the sanitary sewer. (K) Connection Location. The connection of the building sewer into the public sewer shall be made at the wye branch. If no suitable wye branch is available, a neat hold may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of approximately forty-five (45) degrees. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat, watertight joint shall be made by field solvent welding a wye saddle to the public sewer. Special fittings may be used for the connection only when approved by the Inspector. If the public sewer is broken or damaged in any manner by making a connection, the owner shall replace all damaged pipe in the public sewer at their expense. (L) Slope of Sewer. The size and slope of the building sewer shall be subject to the approval of the Inspector, but in no event shall the diameter be less than that required by the State Plumbing Code. The slope of such pipe shall be not less than one-eighth (1/8) inch per foot. (M) Inspection of Disconnected Sewers. Upon disconnection of any system lateral, the person responsible for the disconnection shall cap and seal the lateral and notify the

Village of such action. All work relating to the disconnection, except when otherwise permitted by the Village, shall remain uncovered until inspected and approved. (N) Capping Required. All mains and laterals shall be capped and sealed during the construction or re-construction of any building or structure to which they are or will be connected unless otherwise permitted by the Village. (O) Road Restoration. In restoring any street or public way, the work shall be performed in accord with the requirements of the Village or other governmental body with jurisdiction over such street or other public way. Private roads within the Village shall be restored to the satisfaction of the owner. (P) Openings Protected. Every plumber must enclose each opening which he may make in the roads, streets, or public ways, with sufficient barriers. Warning lights shall be used and so placed as to warn personas of any such opening. All necessary precautions shall be taken effectively to guard the public from accident or damage to persons or property from the beginning to the end of the work. Plumbers and owners will be held liable for all damages, including costs incurred by the Village in defending any action brought against them for damages, and for the costs of any appeal thereon that may result from the neglect of servants, agents, or employees of said plumber or damage to persons, livestock, vehicles or property of any kind. Any contractor making such an opening shall deposit such security with the governmental unit or private association having jurisdiction over such street or public way in such amount as is required by such governmental unit or private association and shall furnish satisfactory evidence of public liability insurance coverage as required by such governmental unit or private association but not less than $250,000 for injury to one person and $500,000 for one accident, and $100,000 for property damages. (Q) Tapping District Sewer Lines. No person, except a licensed plumber, as herein provided, shall be permitted to tap or make any connection with the general sewerage system or any part thereof. Such information as the Inspector, Superintendent, the Village or the Village Engineer may have with regard to the location of sewer junctions or slants will be furnished to plumbers, the Village assuming no risk as to the accuracy of the same.

(R) Materials and Methods of Construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in “Standard Specifications for Sewer and Water Construction in Wisconsin,” the most recent edition, shall apply. (S) Building Sewer Grade. Whenever practical, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (T) Storm and Groundwater Drains. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer. In addition to any forfeiture imposed hereby, all existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer must be disconnected within ten (10) days of the date of an official written notice from the Village, Exceptions to the above shall be made only by the Village. (U) Adoption of and Conformance to Plumbing Codes. (1) The provisions of the State Plumbing Code issued by the State of Wisconsin and all amendments or additions thereto in effect and any specified time are incorporated herein by reference with the same force and effect as though fully set forth herein; provided, however, that in the event of any conflict between the provision of the code and this ordinance, the provision which requires the maximum compliance or is the most restrictive shall govern. (2) The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and reglu8ations of the Village or the procedures set forth in the appropriate specifications of the A.S.T.M and W.P.C.F. Manual of Practice

No. 9. All such connections shall be made gas tight and water tight. Any deviations from the prescribed procedures and materials must be approved by the Village before installation. (V) Barricades: Restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the Village or the owner, if on private property. 31.108 PROVISION OF SEWER SERVICE TO NEW DEVELOPMENTS. (A) Extension of Main. In any particular subdivision, development or other area to which sewer service is to be extended, when said properties within the area to be serviced reach 50% of construction permits pulled, the Village will then extend sewer and/or water mains into the proposed area. (B) Cost. Any property owner or owners requesting an extension of water and/or sewer into a particular area shall pay for the entire cost of the extension, subject, however, to the right to pro rate reimbursement from abutting vacant property owners who may later hook in to the main line. (C) Connection. Upon completion of a sewer and/or water main extension, property owners shall have nine (9) months to complete hook up to the main. In the event hook up is not reasonable or practicable under the circumstances, it shall be the property owners’ responsibility to petition the Village for an extension of time based upon the circumstances. (D) Penalties. Any person in violation of the provisions of this section shall be subject to the forfeiture of no less than $100 and no more than $1,000 for each day of the violation. 31.109 INDUSTRIAL WASTES. Discharge of any industrial effluent into the Village collection system is prohibited without a permit for the same issued by the Village. Said permit shall establish a user charge for the industrial user considering factors such as volume, waste load, waste concentration and treatment costs. 31. 110 BASIS FOR SEWER CHARGES.

(A) BASIS. It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the Village to levy and collect charges, rentals, or rates of service upon all the lands, lots, and premises served by having connections with the sanitary sewerage system of the Village or served by having connections available with the sanitary sewerage system. (B) SET BY COMMISSION. A sewer service charge (user rates shall be determined by the Village with categories as set forth herein. Said sewer service charges shall be amended from time to time by the Village to reflect the correct costs of sewage collection and wastewater treatment. (C) CONNECTION FEES. The Village wastewater treatment, sewage collection and pumping system was designed with excess capacity to accommodate future growth. In order to equitably apportion costs between present users and future users, there is hereby established a connection charge to reflect and equitably apportion the Village’s system investment in reserve capacity amount present and future customers. Such connection fee shall be determined and paid before a permit is issued by the inspector. The connection fee shall be as follows:

• Base connection fee of $7,000 • Road opening and closing related fees

(1) For purposes of the foregoing formula, the Village shall determine the number of residential unit equivalents (RUE’s) attributable to the person requesting sewer connection in accordance with section 3.110. The total connection fee shall be the number of RUE’s multiplied by the connection charge per RUE as set forth above. This section shall apply to all connections by persons who connect to the Village system subsequent to the startup date of the sanitary sewer system. 31.111 SEWER SERVICE CHARGES A. USER CHARGES. Sewer service (user) charges are hereby established by the Village on the basis of RUE’s. Users shall pay monthly user fees based on both a flat fee and a metered fee. Initial users shall pay a quarterly user flat fee of $55.00 for each RUE. The following unit determination shall be used:

UNIT DETERMINATION Definition: One Unit = One Residential Home = Three People = 192 Gallons Per Day.

CLASSIFICATION UNIT OF VALUE*

1. Single Family Residence One Unit 2. Duplex Two Units 3. Apartments One Unit Per Apartment 4. General Business One Unit Per 25 Employees 5. Shopping Center One Unit Per 4,000 s.f. of Floor Space 6. Supermarket One Unit Per 4,000 s.f. of Floor Space 7. Motel One Unit= Bed Space x% of Occupancy A. With Laundry One Unit= Bed Space x% of Occupancy 6 8. Bowling Alley with Bar 0.50 Units Per Alley 9. Service Station or Garage One Unit 10. Country Club One Unit Per 25 Members 11. School A. With Meals Served One Unit Per 15 Students B. With Meals & Showers One Unit Per 12 Students 12. Churches One Unit 13. Tavern One Unit Per 40 Seats 14. Restaurants A. Standard Restaurant One Unit = Seating Capacity 13 B. Drive-in or Short Order One Unit = Seating Capacity 45 C. Restaurant with One Bar One Unit = Seating Capacity 10 D. Restaurant with Two Bars One Unit = Seating Capacity 8 E. Restaurant with Three Bars One Unit = Seating Capacity 7 15. Other Cases To Be Determined by Sanitary

* No Classification Will Receive Less Than One Unit. Initial user shall also pay a metered fee. Metered fees shall be based on the water meter readings. The metered fee shall be $2.75 per 1000 gallons of water used. B. OPERATION, MAINTENANCE, AND REPLACEMENT FUND ACCOUNTS. The annual replacement revenues shall be maintained in a separate account by the Village to be used solely for the purpose of purchasing replacement parts and/or equipment. 31.112 BILLING PRACTICE. A. CALCULATION OF SEWER SERVICE CHARGES. Sewer service charges that shall be assessed to Village Sewer users shall be computed by the Village according to the rates and formulas presented in Section 6 of these Rules and Regulations. B. SEWER SERVICE CHARGE BILLING PERIOD. Sewer service charges shall be billed quarterly. C. PAYMENT OF SEWER SERVICE CHARGES. Sewer service charges billed by the Village shall be paid by the last day of the month following the billing date and shall be a debt due the

Village and a lien upon the property. Any charges not paid by the due date shall be deemed delinquent and shall be subject to a late payment charge of one percent (1%) of the total sewer charge and may thereafter be collected as provided by law, including, but not limited to, being placed on the next year’s tax roll as a special assessment as provided in Section 66.069 Wis. Stats. In such case, the Village shall cause notice to be sent to the delinquent user on October 15 stating the total amount of the delinquency, including late charges; and further, that if the amount is not paid by November 1, a penalty of ten percent (10%) shall be added and that unless the same is paid by November 15, the delinquent amount, plus any penalties, will be levied as a special tax against the property served. Thereafter, the special tax shall bear interest at the rate of one percent (1%) for each month or fraction thereof and an additional one-half of one percent (0.5%) penalty assessment for each month or fraction thereof until payment is made. A change of ownership or occupancy of the premises found delinquent shall not be cause for reducing or eliminating charges and penalties. D. REASSIGMENT OF SEWER USERS. The Village shall reassign sewer users into appropriate sewer service charge categories if wastewater flow monitoring and sampling programs or other related information indicate a change of categories is necessary. E. CHARGE FOR TOXIC POLLUTANTS. Any person discharging toxic pollutants which cause an increase in the cost of treatment or of managing the effluent or sludge from the treatment authority’s wastewater treatment facility shall pay for such increased costs as my be determined by the Village in addition to any forfeiture which may be imposed therefor. F. SERVICE CHARGES. In the event the owner of a parcel of land situated in the Village shall fail to connect to the sanitary sewer system as required by this Chapter, the Village shall commence charging the owner of such parcel the same quarterly service charge charged to owners of parcel who are connected to the sanitary sewer system. The quarterly service charge shall commence on the connection deadline date by which the owner of the parcel should have connected to the system. Any variances granted extending connection deadlines shall not extend the commencement date for the quarterly service charges.

31.113 AUDIT, NOTIFICATION AND RECORDS. A. BIENNIAL AUDIT. The Village shall review annually the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater collection and treatment facilities and the sewer service charge system, if necessary, to accomplish the following: 1. Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users. 2. Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater collection and treatment facilities. 3. Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to the class of users for the next year and adjust the sewer service charge rates accordingly. B. ANNUAL NOTIFICATIONS. The Village shall notify its sewer users annually as to the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and any debt service costs of the wastewater collection and of treatment by the Town of Bloomfield. The notification shall occur in conjunction with the adoption of a budget for the ensuring year in accordance with Sec. 65.90 Wis. Status. C. RECORDS. The Village shall maintain records regarding wastewater flows, costs of the wastewater collection and treatment facilities, sampling programs and other information which is necessary to document compliance with 40 CFR 35, Subpart E of the Clean Water Act. 31.114 RIGHT OF ENTRY, SAFETY AND IDENTIFICATION. A. RIGHT OF ENTRY. The Village and other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of these Rules and Regulations and Sec. 66.122, Wisconsin Statutes. B. RIGHT TO ENTER EASEMENTS. The Village or other duly authorized employees of the District, bearing proper credentials

and identification, shall be permitted to enter all private properties through which the Village holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of the easement. C. ACQUISITION OF EASEMENTS AND BUILDING SITES. The Village shall have the power to purchase and acquire for the Village all real and personal property which may be necessary for the construction of the sewer system, and for any repair, remodeling, or additions thereto. Whenever any real estate, including any easement therein or use thereof, shall, in the judgment of the Village, be necessary to the sewer system, and whenever, for any cause, an agreement for purchase cannot be made with the owners, the Village shall proceed to acquire title to such real estate, or to obtain such easement or permit to use by the power of eminent domain, as set out in the Wisconsin Statutes, complying fully with such statutes and, where Federal funds are used, with the Uniform Relocation and Real Property Acquisition Act of 1970. 31.115 VIOLATIONS AND PENALTIES. A. WRITTEN NOTICE OF VIOLATION. Any person found to be violating any provision of this Ordinance, except Sections 31.110, 31.111 or 31.112, shall be served by the Village with a writing notice stating the nature of the violation and providing a reasonable time of the satisfactory correction thereof. The offender shall, within the period of time state in such notice, permanently cease all violations. Such notice may be in addition to a citation for violation of this ordinance. B. ACCIDENTAL DISCHARGE. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in additional to any forfeiture, pay an amount to cover the damage, both values to be established by the Village. C. PENALTY FOR VIOLATIONS. Any person, partnership, or corporation, or any officer, agent or employee thereof, who shall violate any of the provisions of this ordinance, except Sections 31.110, 31.111 and 31.112, shall, upon conviction thereof, forfeit not less than $20.00 nor more than $500.00 together with the costs of prosecution. In default of payment

20 of such forfeiture and costs, said violator shall be imprisoned in the Walworth County Jail for a period not to exceed thirty (30) days. Each day in which any violation continues shall be deemed a separate offense. D. LIABILITY FOR LOSSES. Any person violating any provisions of the Rules and Regulations shall become liable to the Village for any expense, loss, or damage occasioned by reason of such violation which the Village may suffer as a result thereof. The Village must be notified immediately by any person who becomes aware of any violations that occur. 31.116 APPEALS. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the Village interpreting or implementing the provisions of these Rules and Regulations or in any permit issued hereunder, may file with the Village a written request for reconsideration within ten (10) days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration. The Village shall schedule a hearing regarding such request for reconsideration and shall give notice to the requesting person at least five (5) days before the hearing. The requesting person shall have the right to present any relevant matters at such hearing. The Village shall render a decision on the request for reconsideration to the requesting person in writing within fifteen (15) days of the hearing. 31.117 VALIDITY. A. SUPERSEDING PREVIOUS RULES. These Rules and Regulations governing sewer use, industrial wastewater discharges, sewer services charges, and sewer connections and construction shall supersede all previous rules and regulations of the Village insofar as they relate to the sanitary sewer system of the District. B. INVADIATION CLAUSE. Invalidity of any section, clause, sentence, or provision in the Rules and Regulations shall not affect the validity of any other section, clause, sentence, or provision of these Rules and Regulations which can be given effect without such invalid part or parts. WATER

31.201 DEFINITIONS. A. CROSS-CONNECTION shall mean any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending upon the pressure differential between the two systems. Additional Definitions are currently in the document you are looking at listed as 31.303. B. MUNICIPAL WATER SYSTEM shall mean community water system owned by a city village, county, etc. C. NON-COMPLYING shall mean a well or pump installation which does not comply with s.NR812.08 or NR812.42, Wisconsin Administrative Code, and which has not been granted a variance pursuant to s.NR812.43, Wisconsin Administrative Code. D. PUMP INSTALLATION shall mean the pump and related equipment used for withdrawing water from a well including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps. E. UNSAFE shall mean a well or pump installation which installation produces water which is bacteriologically contaminated or exceeds the drinking water standards of s.NR812.06, Wisconsin Administrative Code, or for which a Health Advisory has been issued by the Department of Natural Resources. F. UNUSED shall mean a well or pump installation which is not used or does not have a functional pumping system. G. WELL shall mean an excavation or opening into the ground made by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater for consumption or other use. H. WELL ABANDONMENT shall mean the proper filling and sealing of a well according to the provisions of s.NR812.26, Wisconsin Administrative Code. 31.202 MANAGEMENT. The management, operation, and control of the water system for the Village, is vested in the Village Board. All records minutes and all written proceedings thereof shall be kept by the Village. The Village Treasurer shall keep all the financial records.

31.203 POWERS. The Village shall have the power to construct water lines for public use, and shall have the power to lay water pipes in and through the alleys, streets, and public grounds of the Village and, generally, to all such work as may be found necessary or convenient in the management of the water system. The Village shall have power acting on its own behalf or through its officers, agents, and servants to enter upon any land for the purpose of making examination or supervising the performance of its duties under this Chapter, without liability therefor; and the Village shall have the power to purchase and acquire for the Village real or personal property as may be necessary for construction of the water system, or any repair, remodeling, or additions thereto. 31.205 TITLE TO PROPERTY. Title to Real Estate and Personal Property. All property, real, personal and mixed, acquired for the construction of the water system, and all plans, specifications, diagrams, papers, books and records connected therewith said water system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of the Village. 31.206 MANDATORY HOOK-UP A. PROPERTIES REQUIRED. The owner of each parcel of land adjacent to a water main on which there exist a building useable for human habitation or in a block through which such system is extended, shall connect to such system within nine (9) months from date of official notification. Upon failure to do so the Village may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, pursuant to Section 144.06 Wisconsin Statues, provided, however, that the owner may within thirty (30) days after the completion of the work file a written application with the Village Clerk stating that he cannot pay such amount in one sum and ask that they be levied in not to exceed to five (5) equal installments and that the amount shall be so collected with interest at the rate of 7% per annum from the completion of the work, the unpaid balance being a special tax lien, pursuant to Section 144.06 Wisconsin Statutes. B. PENALTY. In lieu of assessing a tax lien pursuant to par. A above, the Village, at its option, may, after ten (10) days written notice to any owner failing to make a connection to the Municipal Wayer System, may impose a penalty in the amount of $100 to $1000 per month for each residential unit equivalent (“RUE”) for the period in which the failure to connect 23 continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, pursuant to Section 144.06 Wisconsin Statutes. C. POLICY. Failure to connect to the water system is contrary to the minimum health standards of the Village and fails to assure preservation of the public health, comfort, and safety of the Village.

31.207 EXCAVATIONS. A. EARTH REMOVED. In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public. B. BARRICADES REQUIRED. No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations. C. REFILLING. In refilling the opening, after the service pipes are laid, the earth must be laid in layers of not more than nine inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the Village. No opening of the streets for taping in the pipes will be permitted when the ground is frozen.

31.208 TAPPING THE MAIN

A. PERMISSION REQUIRED. No persons, except those having special permission from the Village, or persons authorized thereby will be permitted, under any circumstances to tap the water mains or distribution pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from the Village. B. LOCATION. Pipes should be tapped on the top half of the pipe, and not six inches (15cm) of the joint, or within 24 inches (60cm) of another connection.

31.209 PERMITS REQUIRED. After water connections have been introduced into any building or upon any premises, no person includes a licensed plumber shall make any alterations, extensions, or attachments, unless the party ordering such tapping or other work shall exhibit the proper permit for the same from the Village.

31.210 INSTALLATION OF HOUSE LATERALS

A. STANDARDS. All waterlines on private property, whether underground or within a structure, will be installed in accordance with State of Wisconsin Administration Code, Chapter H-62, “Design, Construction, Installation, Supervision and Inspection of Plumbing”, specifically section H-623.13, “Water Distribution Systems”. B. INSPECTION AND TESTING. The building’s water line shall be inspected upon completion of placement of the pipe and before backfilling and, tested before or after backfilling. 31.211 METERS. It shall be the duty of the owner of any premises to provide a location for a water meter, and to maintain such locations and passageway thereto, clean and sanitary and free from any obstruction or any conditions of a hazardous nature. No connection for water meters shall be installed in any location not easily accessible, or which is or may be, unclean, unsanitary, or in any manner unsafe to utility employees in the discharge of their duties. 31.212 INSPECTION. Every user shall permit the Village or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes, and fixtures and the manner in which the water is used, and they must at all times, frankly and without concealment, answer all question put to them relative to its use. 31.213 UTILITY RESPONSIBILITY. It is expressly stipulated that no claim shall be made against the Village or its officers or duly authorized representatives by reason of breaking, clogging, stoppage, or freezing of any service pipe; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the service at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the water service within any area of the Village, if practicable, give notice to each and every consumer within the area served by the Municipal Water System of the time when such service will be shut off.

31.214 INSTALLATION COSTS A. LATERAL CHARGES. Service lines and laterals extending from the main to the property line shall be installed at the time of installation of the water main to eliminate the necessary for subsequent street openings. The cost thereof may be levied as a special assessment against the property served by such lateral along with the assessment for the installation of the water mains and shall be classified as “aid to construction.” B. EXTENSIONS. If a request for an extension to the system is granted after the water main is installed, the cost for such extension, including laterals, will be borne by the party requesting said extension. Said party shall pay a connection fee. Upon inspection and approval by the Village, the extension will be dedicated to the Municipal Water System. All plans and specifications must be approved by the Village before construction begins. 31.215 ABANDONMENT REQUIRED. All unused, unsafe or non- complying wells on premises served by the Municipal Water System shall be properly abandoned in accordance with this Chapter no later than three (3) months from the date of connection to the Municipal Water System, unless a valid well operation permit has been issued to the well owner by the Village under the terms of Section 5 of this ordinance. All well operation permits issued to the well owner by the Village remain in full force and effect until their expiration. Upon their expiration the well owner must apply for a well operation permit from the Village under the terms of this Chapter. 31.216 WELL OPERATION PERMIT. Owners of wells on premises that are or will be served by the Municipal Water System wishing to retain their wells for non-potable uses only shall be entitled to make application for a well operation permit. A. PERMIT REQUEST. The request for such a permit shall be made to the Village Clerk. B. SAMPLES REQUIRED. Along with the permit request, the owner shall submit to the Village, the results of one safe bacteriological sample establishing that the well’s water is safe for human consumption. In areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substance other than bacteria, additional chemical tests may be required to evidence safety of the water.

C. ACCESS TO PROPERTY. The property owner shall allow access to the well to a representative of the Village for purposes of locating the well relative to municipal utilities. D. WELL OPERATION PERMIT. Owners of such wells which are determined to be more than fifty (50) feet from the municipal sanitary sewer main who wish to retain their wells for any non- potable use shall make application for a well operation permit for each well not later than ninety (90) days after connecting to the municipal system. All other provisions of Section 5 of this ordinance remain in full force and effect. E. STANDARDS. Well and pump installation shall meet or shall be upgraded to meet the Standards of Exiting Installation described in s.NR812.42, Wisconsin Administrative Code. F. CROSS-CONNECTION PROHIBITED. There shall be no cross- connections between the well’s pump installation or distribution piping and the Municipal Water System. G. DISCHARGE PROHIBITED. The well water shall not discharge into drain leading directly to a public sewer utility unless property metered and authorized by the sewer utility. H. OTHER REQUIREMENTS. The well shall have a functional pumping system and the proposed use of the well water must be justified as reasonable in addition to water provided by the Municipal Water System. I. TERM OF PERMITS. Permits shall be good for a period of five (5) years. A well operation permit may be renewed by proof of compliance with the regulations set forth in this Chapter. J. PERMIT FEES. Well operation permit fees shall be set by the Village Board and shall be subject to revision by the Village Board from time to time. K. ABANDONMENT REQUIRED. Any well not in compliance with this Chapter shall be abandoned. L. FORMS. Permit applications and rules shall be made on forms provided by the Clerk.

31.217 ABANDONMENT PROCEDURE A. STANDARDS. All wells abandoned under the jurisdiction of this Chapter shall be done according to the procedures and methods of s.NR812.26, Wisconsin Administrative Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations which may interfere with sealing operations shall be removed prior to abandonment. B. NOTICE AND INSPECTION. The owner of the well shall notify the Village Clerk in advance of any well abandonment activities. Abandonment of the well may be observed or verified by inspection, and the well owner shall submit a copy of the well abandonment report within ten (10) days of said inspection.

C. REPORT. An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk and the Department of Natural Resources within thirty (30) days of completion of the well abandonment.

31.218 PENALTIES FOR NON-COMPLYING WELLS. Any property owner upon whose property there exists a well any provision of this ordinance shall, upon conviction, be punished by forfeiture of not less than $100 nor more than $1,000 per day. Each day that the well on said property owner’s property remains in violation constitutes a separate offense. In the event that any property owner fails to comply with this Chapter for more than thirty (30) days after the Village mails written notice of the violation by certified mail, the Village may cause the well to be abandoned, and in the event the Village chooses to cause said well to be abandoned, shall assess the cost thereof as a special tax against the property. 31.219 REPAIRS AND MAINTENANCE. A. MAINTENANCE SERVICES. All services within the limits of the Village from the street main to the property line and including all controls between the same will be maintained by the Municipal Water Utility without expenses to the property owner except when they are damaged as a result of negligence or carelessness on the part of the property owner, a tenant, or agent of the owner, in which case they will be repaired at the expenses of the property owner. All Municipal Water Services from the point of maintenance by the Village to and throughout the premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. B. REPAIRS MAINTENANCE REQUIRED. All users shall keep their own service pipes in good repair and protected from frost at their own risk and expense, and shall prevent any unnecessary waste of water. C. LICENSE REQUIRED. No plumber, pipe fitter or other person will be permitted to do any plumbing or pipe fitting work in connection with the water in connection with the Municipal Water System without first receiving a license from the State of Wisconsin. 31.220 PENALTY FOR IMPROPER USE.

A. POLLUTION PROHIBITTED. It shall be unlawful for any person to willfully pollute or otherwise injure any water supplied by the water system. B. CROSS-CONNECTION PROHIBITTED. Cross-connections are not permitted between the water utility system and any other source of water as set forth in Wisconsin Administrative Code NR 111.25 and H-62.14 and this Chapter. C. WELLS. All private wells which are unused, unsafe or do not comply with appropriate Wisconsin Administrative Code or this Chapter must be abandoned in compliance with Wisconsin Administrative Code Section NR 112.21. D. PENALTIES. Any person who shall violate any of the provisions of this Chapter; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall upon conviction thereof forfeit not less than $100 nor more than $1000 and the costs of prosecution. This, however, shall not bar the Village from enforcing the connection duties set forth hereon regarding mandatory hookup. E. DAMAGE RECOVERY. The utility shall have the right of recovery from all persons, any expense incurred by said utility for the repair or replacement of any water pipe, curbstop, gate valve, hydrant, or valve box damaged in any manner by any person by the performance of any work under their control, or by any negligent act. Owners or operators of motor vehicles will be held liable for the cost of repair of any hydrant damaged by them and the utility will not be responsible for the damage due the motor vehicle by reason of such accident. 31.221 MUNICIPAL WATER UTILITY RULES. A. PUBLIC SERVICE COMMISSION RULES. The standard rules published by the Public Service Commission of Wisconsin (small utility rules), as amended from time to time, shall apply to the Municipal Water Utility and are incorporated herein by reference. B. OTHER RULES. All rules of the Department of Industry, Labor and Human Relations and the Department of Natural Resources applicable to the Municipal Water Utility are hereby adopted and incorporated herein by reference.

C. USER RULES AND REGULATIONS. The rules, regulations and water rates in this Chapter shall be set forth shall be considered a part of the contract with every person, company, or corporation who is connected with the Municipal Water System and every such person, company, or corporation by connection with the Municipal Water System shall be considered as expressing his or their assent to be bound thereby. Whenever any of said rules and regulations, or such others as the Village may hereafter adopt are violated, the service shall be shut off from the building or place of such violation, regardless of the number of parties receiving service through the same connection and shall not be re-established except by order of the Village, and upon payment of all arrears, the expenses and established charges of shutting off and reestablishing service, and such other terms as the Village may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Village may declare any payment made for the service by the party or parties committing the violation to be forfeited, and the same shall thereupon be forfeited. The right is reserved to the Village to change said rules regulations, and water rates, from time to time as they may deem advisable; and to make special rates and contracts in all proper cases, subject to the authority of the Wisconsin Public Service Commission. 31.222 RATES AND PAYMENT. A. RATES. The rates as provided by the Public Service Commission Findings of Fact, Certification, and Order (“PSC Order”) shall be the rates of the Municipal Water Utility. B. BILLING. The property owner is held responsible for all water bills on the premises that he owns. All water bills and notices of any nature, relative to the water service, will be addressed to the owner and delivered to the premises referred to on such bill or notice.

C. FAILURE TO RECEIVE BILL. Every responsible care will be exercised in the proper delivery of the water bills. Failure to receive a water bill, however, shall not relieve any person of the responsibility for payment of water rates within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.

D. PENALTIES. A late payment charge of 1 ½% per month will be added to bills not paid within 20 days of issuance and

30 will be applied to the total unpaid balance including unpaid late payment charges.

E. LIEN ON PROPERTY. All water services, charges and special assessments shall be a lien on a lot, part of a lot, or land on which water services are supplied. All sums which have accrued during the preceding year, and which are unpaid by the first day of October of any year, shall be certified to the Village Clerk to be placed on the tax roll for collection as provided by Wis. Stat. § 66.069(1).

CHAPTER 32

EROSION CONTROL

Chapter 32 Board Action Adopted December 20, 2011 as part of Village Incorporation

Chapter 32 Re-Created, April 10, 2017, Ordinance No. 2017-O-03

32.1 AUTHORITY (1) This ordinance is adopted by the Village of Bloomfield under the authority granted by s.61.354, Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s. 61.35, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in s. 61.354, Wis. Stats. S.61.35 applies to this ordinance and to any amendments to this ordinance.

(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the same governing body.

(3) The Village of Bloomfield hereby designates the Village Building Inspector to administer and enforce the provisions of this ordinance.

(4) The requirements of this ordinance do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:

32.2 FINDINGS OF FACT The Village of Bloomfield acknowledges that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in The Village of Bloomfield.

32.3 PURPOSE (1) It is the purpose of this ordinance to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in

2 of 33 the Village of Bloomfield (2) These goals shall be accomplished by insuring land disturbing activities are consistent with village conservation standards and minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing activities, and construction-sites to lakes, streams, channels, ditches, ponds, wetlands and other watercourses of the village and by preventing flooding on adjacent land. (3) It is the intent of this article to establish standards, plan and permit requirements and procedures for land disturbing and land developing activities to minimize the amount of sediment and other pollutants carried in runoff or discharged to waters of the state in the village or to adjacent properties. (4) This article is intended to meet the following construction site and sediment erosion control regulatory requirements:

(a) Subchapter III of NR 151, of the Administrative Code, Construction Site Performance Standard for New Development. (b) NR 216 of the Wis. Administrative Code. (c) Chapter SPS 360 of the Wisconsin Administrative Code. (d) NR 115, of the Administrative Code, Wisconsin's Shoreland Management Program. (5) This article is intended to establish conservation standards, plan and permit requirements and procedures for, vegetation removal, and the construction of ponds and retaining walls, when required to meet village conservation standards in the following Village Ordinances: (a) Chapter 27 of the Village Code of Ordinances. (b) Chapter 18 of the Village Code of Ordinances. 32.4. APPLICABILITY AND JURISDICTION (1) APPLICABILITY. (a) Except as provided under par. (b), this ordinance applies to any construction site as defined under S. 32.5 (7). (b) Exemptions: 1. Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial

3 of 33 development. Transportation facility projects directed and supervised by Wisconsin Department of Transportation are not subject to this ordinance. Notwithstanding this ordinance, The Village is required to comply with the construction site transportation facility performance standards in subch. IV of NR 151, Wis. Adm. Code, for its own transportation- related projects. 2. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity. 3. Nonpoint discharges from agricultural facilities and practices. 4. Nonpoint discharges from silviculture activities. 5. Routine maintenance for project sites that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility. (c) Notwithstanding the applicability requirements in par. (a), this ordinance applies to construction sites of any size that, as determined by the Village of Bloomfield, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.

(2) JURSIDICTION. This ordinance applies to land disturbing construction activities on lands within the boundaries and jurisdiction of the Village of Bloomfield, as well as all lands located within the extraterritorial plat approval jurisdiction of the Village, even if plat approval is not involved.

(3) EXCLUSIONS. This ordinance is not applicable to activities conducted by a state agency, as defined under s.227.01 (1), Wis. Stats. 32.5. DEFINITIONS

4 of 33 For the purposes of this Chapter, the following words have the following meanings:

(4) “Best management practice” or “BMP” means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.

(5) “Business day” means a day the office of the Village of Bloomfield is routinely and customarily open for business.

(6) “Cease and desist order” means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Village of Bloomfield.

(7) “Construction site” means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is

5 of 33 not a common plan of development.

(8) "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall

(9) “Division of land” means the creation from one parcel of [number] or more parcels or building sites of [number] or fewer acres each in area where such creation occurs at one time or through the successive partition within a 5-year period.

(10) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice or gravity.

(11) “Erosion and sediment control plan” means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

(12) “Extraterritorial” means the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or village.

(13) “Gross aggregate area” means the total area, in acres, of all land located within the interior property boundary containing a proposed land development, redevelopment, or property subdivision activity.

(14) "Final stabilization" means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70 percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

(15) “Governing body” means town board of supervisors, county board of supervisors, city council, village board of trustees or village council

(16) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil

6 of 33 erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(17) "Landowner" means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land disturbing construction activity or maintenance of storm water BMPs on the property.

(18) “Maximum extent practicable” means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with section 32.55 of this ordinance.

(19) “Performance standard” means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

(20) “Permit” means a written authorization made by the Village of Bloomfield to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.

(21) “Pollutant” has the meaning given in s. 283.01 (13), Wis. Stats.

(22) “Pollution” has the meaning given in s. 281.01 (10), Wis. Stats.

(23) “Responsible party” means the landowner or any other entity performing services to meet the requirements of this ordinance through a contract or other agreement. “Runoff” means storm water or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.

(24) “Sediment” means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

(25) "Silviculture activity" means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a Silviculture activity.

(26) “Site” means the entire area included in the legal

7 of 33 description of the land on which the land disturbing construction activity occurred.

(27) “Stop work order” means an order issued by the Village of Bloomfield which requires that all construction activity on the site be stopped.

(28) "Technical standard" means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

(29) “Transportation facility” means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under s. 85.095 (1)(b), Wis. Stats. “Transportation facility” does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to s. 281.33, Wis. Stats.

(30) “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction. 32.55 MAXIMUM EXTENT PRACTABLE Maximum extent practicable applies when a person who is subject to a performance standard of this ordinance demonstrates to the Village Engineer’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall consider the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

8 of 33 32.6. TECHNICAL STANDARDS All BMPs required for compliance with this ordinance shall meet design criteria, standards and specifications based on any of the following:

(1) Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code.

(2) Soil loss prediction tools (such as the Universal Soil Loss Equation (USLE)) when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.

(3) Technical standards and methods approved by the Village.

32.7. PERFORMANCE STANDARDS FOR CONSTRUCTION SITES UNDER ONE ACRE. (1) RESPONSIBLE PARTY. The responsible party shall comply with this section.

(2) STORM EROSION AND SEDIMENT CONTROL PRACTICES. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

(a) The deposition of soil from being tracked onto streets by vehicles. (b) The discharge of sediment from disturbed areas into on-site storm water inlets. (c) The discharge of sediment from disturbed areas into adjacent waters of the state. (d) The discharge of sediment from drainage ways that flow off the site. (e) The discharge of sediment by dewatering activities. (f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days. (g) The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. Projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this

9 of 33 subdivision.

(3) LOCATION. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.

(4) IMPLEMENTATION. The BMPs used to comply with this section shall be implemented as follows:

(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin. (b) Erosion and sediment control practices shall be maintained until final stabilization. (c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site. (d) Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. (e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party 32.8. PERFORMANCE STANDARDS FOR CONSTRUCTION SITES OF ONE ACRE OR MORE. (1) RESPONSIBLE PARTY. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with S. 32.10.

(2) EROSION AND SEDIMENT CONTROL PLAN. A written site- specific erosion and sediment control plan shall be developed in accordance with S. 32.10 of this ordinance and implemented for each construction site.

(3) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The erosion and sediment control plan required under sub. (2) shall include the following:

(a) EROSION AND SEDIMENT CONTROL PRACTICES. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all the following:

1. The deposition of soil from being tracked onto streets by vehicles. 2. The discharge of sediment from disturbed areas into

10 of 33 on-site storm water inlets. 3. The discharge of sediment from disturbed areas into adjacent waters of the state. 4. The discharge of sediment from drainage ways that flow off the site. 5. The discharge of sediment by dewatering activities. 6. The discharge of sediment eroding from soil stockpiles existing for more than 7 days. 7. The discharge of sediment from erosive flows at outlets and in downstream channels. 8. The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision. 9. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

(b) SEDIMENT PERFORMANCE STANDARDS. In addition to the erosion and sediment control practices under par. (a), the following erosion and sediment control practices shall be employed: 1. BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization. 2. No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. Credit may be given toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms. 3. Notwithstanding subd. 1., if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site- specific explanation of why the sediment performance standard cannot be met and how the

11 of 33 sediment load will be reduced to the maximum extent practicable.

(c) PREVENTIVE MEASURES. The erosion and sediment control plan shall incorporate all the following: 1. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible. 2. Minimization of soil compaction and preservation of topsoil. 3. Minimization of land disturbing construction activity on slopes of 20 percent or more. 4. Development of spill prevention and response procedures.

(d) LOCATION. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.

(4) IMPLEMENTATION. The BMPs used to comply with this section shall be implemented as follows: (a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in 32.8 (2). (b) Erosion and sediment control practices shall be maintained until final stabilization. (c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site. (d) Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. (e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party 32.9. PERMITTING REQUIREMENTS, PROCEDURES AND FEES (1) PERMIT REQUIRED. No responsible party may commence a land disturbing construction activity subject to this ordinance without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Village.

(2) PERMIT APPLICATION AND FEES. The responsible party that

12 of 33 will undertake a land disturbing construction activity subject to this ordinance shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of S. 32.10, and shall pay an application fee to the Village in the amount specified in S. 32.11. By submitting an application, the applicant is authorizing the village and its designated representatives to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3) PERMIT APPLICATION REVIEW AND APPROVAL. The Village shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used: (a) Within 30 business days of the receipt of a complete permit application, as required by sub. (2), the Village shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this ordinance. (b) If the permit application and erosion and sediment control plan are approved, the Village shall issue the permit. (c) If the permit application or erosion and sediment control plan is disapproved, the Village shall state in writing the reasons for disapproval. (d) The Village may request additional information from the applicant. If additional information is submitted, the Village shall have 30 business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved. (e) Failure by the Village to inform the permit applicant of a decision within 30 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.

(4) SURETY BOND. As a condition of approval and issuance of the permit, the Village may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.

13 of 33 (5) PERMIT REQUIREMENTS. All permits shall require the responsible party to: (a) Notify the Village within 48 hours of commencing any land disturbing construction activity. (b) Notify the Village of completion of any BMPs within 14 days after their installation. (c) Obtain permission in writing from the Village prior to any modification pursuant to S. 32.10 (3) of the erosion and sediment control plan. (d) Install all BMPs as identified in the approved erosion and sediment control plan. (e) Maintain all road drainage systems, storm water drainage systems, BMPs and other facilities identified in the erosion and sediment control plan. (f) Repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land disturbing construction activities and document repairs in a site inspection log. (g) Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week. Make needed repairs and install additional BMPs as necessary, and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site. (h) Allow the Village and its designated representatives to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan. Keep a copy of the erosion and sediment control plan at the construction site.

(6) PERMIT CONDITIONS. Permits issued under this section may include conditions established by Village in addition to the requirements set forth in sub. (5), where needed to assure compliance with the performance standards in S. 32.7 or S. 32.8.

(7) PERMIT DURATION. Permits issued under this section shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The

14 of 33 Village may grant one or more extensions not to exceed 180 days cumulatively. The Village may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this ordinance.

(8) MAINTENANCE. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this ordinance until the site has undergone final stabilization. 32.10. EROSION AND SEDIMENT CONTROL PLAN, STATEMENT AND AMENDMENTS (1) EROSION AND SEDIMENT CONTROL PLAN STATEMENT. For each construction site identified under S. 32.4 (1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Village. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of the ordinance. A site map shall also accompany the erosion and sediment control plan statement.

(2) EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS. (a) An erosion and sediment control plan shall be prepared and submitted to the Village.

(b) The erosion and sediment control plan shall be designed to meet the performance standards in S. 32.7, S. 32.8* and other requirements of this ordinance.

(c) The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items: 1. Name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant’s principal contact at such firm. The application shall also include start and end dates for construction. 2. Description of the construction site and the nature of the land disturbing construction activity, including representation of the limits of land disturbance on a United States Geological

15 of 33 Service 7.5 minute series topographic map. 3. Description of the intended sequence of major land disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 4. Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land disturbing construction activities. 5. Calculations to show the compliance with the performance standard in S. 32.8 (3)(b)1. 6. Existing data describing the surface soil as well as subsoils. 7. Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available. 8. Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.

(d) The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed two feet. 1. Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year flood plains, flood fringes and floodways shall also be shown. 2. Boundaries of the construction site. 3. Drainage patterns and approximate slopes anticipated after major grading activities. 4. Areas of soil disturbance. 5. Location of major structural and non-structural controls identified in the erosion and sediment control plan.

16 of 33 6. Location of areas where stabilization BMPs will be employed. 7. Areas which will be vegetated following land disturbing construction activities. 8. Area(s) and location(s) of wetland on the construction site, and locations where storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site. 9. Areas(s) used for infiltration of post-construction storm water runoff. 10. An alphanumeric or equivalent grid overlying the entire construction site map.

(e) Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements: 1. Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. 2. Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Village, structural measures shall be installed on upland soils. 3. Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls. 4. Trapping of sediment in channelized flow. 5. Staging land disturbing construction activities to limit exposed soil areas subject to erosion. 6. Protection of downslope drainage inlets where they occur.

17 of 33 7. Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site. 8. Clean up of off-site sediment deposits. 9. Proper disposal of building and waste material. 10. Stabilization of drainage ways. 11. Installation of permanent stabilization practices as soon as possible after final grading. 12. Minimization of dust to the maximum extent practicable.

(f) The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.

(3) EROSION AND SEDIMENT CONTROL PLAN AMENDMENTS. The applicant shall amend the erosion and sediment control plan if any of the following occur: (a) There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan. (b) The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff. (c) The Village notifies the applicant of changes needed in the erosion and sediment control plan.

32.11. FEE SCHEDULE (1) The permit application fees referred to in this article shall be established by the village board of trustees, in a fee schedule and may, from time to time, be modified. The processing fees shall be related to costs involved in processing permit applications, reviewing plan, conducting inspections, and documentation. A schedule of the fees shall be available for review at the village hall or on the village website. (2) A double permit fee shall be assessed, if land disturbing or construction activities commence before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this article nor from prosecution for violation of this article.

18 of 33 (3) A permit extension fee is required if the landowner or the responsible party has not completed final site stabilization and desires to continue land disturbing construction activities beyond the expiration date of the permit. (4) Plan amendment or revision fee. A plan amendment or revision fee is required, if the landowner or responsible party amends or revises any component of the erosion and sediment control plan after the village has completed the initial review, and approved the plan.

Erosion control - 1 and 2-family residences, and residential add. less than 1 acre of land disturbance $175.00

Erosion control - Permit renewal 1/2 of original Fees not to exceed $1000.00 Erosion control - Decks/post holes only (open deck/fence) $50.00 Erosion control - Excavation/decks/patios and post hole additions with roof 10,000 or $100.00 less sq. ft. of land disturbance Erosion control - In ground swimming pool $150.00 plus greater than 10,000 sq. ft. of land $0.005/sq.ft disturbance disturbed Erosion control - Landscaping w/ structures, $150.00 plus retaining walls or stairways greater than $0.005/sq.ft. 10,000 sq. ft. of land disturbance disturbed Erosion control - Retaining walls or stairways 10,000 or less sq. ft. of land $150.00 disturbance Erosion control - Storage structures, garages, accessory structures, etc. $150.00 Erosion control - Swimming pool 10,000 or less sq. ft. of land disturbance $150.00 Erosion control - Waterfront- Decks/post holes only (open deck/fence) $100.00 Erosion control - Waterfront - Landscaping $300.00 and w/structures, retaining walls or stairways $0.005/sq.ft. greater than 10,000 sq. ft. of land disturbed disturbance

19 of 33 Erosion control - Waterfront - Retaining walls or stairways/shoreyard landscaping $225.00 10,000 or less sq. ft. of land disturbance Erosion control - Waterfront - Storage structures, garages, boathouses. accessory $225.00 structures, etc. Erosion control - Waterfront - Swimming pool 10,000 or less sq. ft. of land disturbance $225.00 Erosion control - Waterfront - Swimming pool $300.00 plus greater than 10,000 sq. ft. of land $0.005/sq.ft. disturbance disturbed Erosion control - Waterfront 1 and 2-family $300.00 and residences, residential add. less than 1 $50.00 for each acre of land disturbance accessory building included with application Erosion control - Waterfront excavated/decks/patios 10,000 or less sq. $225.00 ft. of land disturbance and/or post hole additions with roof Erosion control and Stormwater - Multi- $100.00/unit plus family residential greater than 2 units $0.005/sq.ft. disturbed Erosion control - Revisions 1/2 of original Fees not to exceed $1000.00 Erosion control Revisions - Waterfront 1/2 of original Fees not to exceed $1000.00 Erosion control - Waterfront - Multi-family $225.00/unit and residential greater than 2 units $0.005/sq.ft. disturbed Erosion control with storm water - greater $300.00 plus than 1 acre of land disturbance for 1 and 2 $0.005/sq.ft. family residential construction disturbed Erosion control with Stormwater - greater $325.00 and than 1 acre of land disturbance 1 and 2 $0.005/sq.ft. family residential construction - Waterfront disturbed

Commercial/Institutional Project $175.00 Less than 2500 sq.ft. - $200.00 plus $0.005 sq.ft over 10,000 sq.ft.

20 of 33 Land disturbing activities, no structures, $150.00 Less than Subdivision development and others 10,000 sq.ft. $150.00 plus $0.005 sq.ft over 10,000 sq.ft. Subdivision development and others $100.00 plus $0.005/sq.ft. disturbed Pond Construction/Pond Maintenance $150.00 plus $0.005/sq.ft. disturbed Vegetation removal/tree cutting permits $150.00 Vegetation removal - shoreyard mitigation $150.00 Vegetation removal – restoration/compliance review fee $600.00

Compliance Inspection Fee $100.00/Inspection

Ordinance Citation Forfeiture $663.00 for Each Offense Citation Inspection Fee $200.00/visit

32.12. INSPECTION If land disturbing construction activities are occurring without a permit required by this ordinance, the Village may enter the land pursuant to the provisions of ss. 66.0119 (1), (2), and (3), Wis. Stats.

32.13. ENFORCEMENT (1) The Village may post a stop work order if any of the following occurs:

(a) Land disturbing construction activity regulated under this ordinance is occurring without a permit. (b) The erosion and sediment control plan is not being implemented in good faith such as if There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the

21 of 33 discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan or if the actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff. (c) The conditions of the permit are not being met.

(2) If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Village may revoke the permit.

(3) If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Village, or if a responsible party violates a stop work order posted under sub. (1), the Village may request the village attorney to obtain a cease and desist order in any court with jurisdiction.

(1) The Village may retract the stop work order issued under sub. (1) or the permit revocation under sub. (2).

(2) After posting a stop work order under sub. (1), the Village may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The Village may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Village, plus interest at the rate authorized by Village shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to subch. VII of ch. 66, Wis. Stats. (4) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $10.00 nor more than $5000.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

22 of 33 (5) Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

32.14. POND REGULATIONS (1) Pond construction and pond maintenance require a land disturbance erosion and sediment control permit and if applicable, a zoning permit. Land disturbance, erosion and sediment control permit applications and plans are reviewed by the village. Pond design, construction and maintenance must be consistence with village conservation standards and the following criteria:

(a) Ponds proposed to be constructed in wetlands must meet conservation standards for wetland enhancement, wetland restoration, wetland wildlife habitat management, or other conservation practice standards approved by the village. Shallow wildlife ponds have a maximum depth of four feet with eight to one side slopes and do not provide for more than 20 percent open water within a wetland. Wildlife ponds may not be constructed across a wetland boundary with a deeper portion proposed outside of the wetland. Wildlife ponds may not have a significant adverse effect on the natural hydrologic water regime, existing unique plant wetland flora and fauna, of a wetland area and must be a wetland enhancement. (b) Pond construction and maintenance in uplands and agricultural lands are not required to meet specific dimensional limitations or requirements, but shall incorporate safety features, consistent with village construction standards. (c) Spoils excavated for pond construction or pond maintenance may not be disposed of in any village regulated wetland area, floodplain or within any shoreyard, as determined by the village. (d) If a pond is proposed to be constructed in a floodplain area, the applicant must demonstrate that the project restores or

23 of 33 improves functional values, including increasing flood and storm water storage, maintaining groundwater recharge-discharge, enhancing fisheries and wildlife habitat, improving filtration or storage of sediments, nutrients, and toxins, improving shoreline protection against erosion, and any additional wetland functional values. The enhancement of functional values of a floodplain may not be conducted as part of mitigation for loss of wetlands. (e) Spoils from pond construction may not be hauled off- site or sold without obtaining proper zoning and conditional use approval or land disturbance permit and plan approval. (f) The applicant must obtain conditional use approval for placing fill in the floodplain. (g) The land owner or the responsible party must obtain all approvals required by the state department of natural resources, U.S. Army Corps of Engineers and local agencies prior to commencing pond construction within the village. (h) Site specific guidelines may be established during the review and approval process which is more restrictive based on unique characteristics of project site.

(2) Pond construction permit requirements, application procedures and fees and plan requirements.

(a) Permit required. No person shall commence pond construction or pond maintenance, subject to this article without receiving prior approval and obtaining a land disturbance/erosion and sediment control permit for pond construction from the village. (b) Permit application and fees. Prior to undertaking a land disturbing activity for the construction of pond maintenance subject to this ordinance, the landowner or responsible party shall submit an application for a permit and submit a pond construction plan, construction site erosion and sediment control plan that meets the requirements of section 32-10 of this article and shall pay

24 of 33 an application fee, referenced in section 32- 11 of this article. By submitting an application, the applicant is authorizing the village and it authorized representives to enter the site to obtain information required for the review of the project plan (c) The pond construction plan shall be prepared and submitted to the village and include the following information:

1. A project site plan map, drawn to scale with the following information and details: A. Location and dimensions of all planned land disturbing activities, including the location of any spoil spreading. B. The location of any lake, stream, channel, ditch, pond, wetland, waterway or 100-year floodplain line near the project site. C. Location of property boundaries to insure proposed pond is set-back from the property line. D. Location and direction of drainage patterns flowing onto or through the project site. E. Site grading plan, showing the existing and proposed contours and elevations of the pond and spoil spreading areas. F. The project site construction access roadway. G. If the proposed pond is an embankment pond, show the location and elevation of the embankment and the locations and elevations of the inlet and outlet of the principal and emergency spillways, if planned. H. Location of all construction site erosion and sediment control practices necessary during pond construction, pond maintenance or spoil spreading activities, consistent with section 32-10 of this article. I. Methods to handle, store, de-water and transport spoil material. 2. Pond construction details, specifications, and design documentation, including, but not limited to:

A. Soil boring logs, if required. B. Cross-sections of planned pond excavation. C. If pond is constructed using an embankment, the following details must be prepared and submitted:

25 of 33 D. Design computations. E. Profiles along centerline of embankment. F. Cross-sections along principal and emergency spillway. G. Pond lining specifications, if used. H. Material and construction specifications for excavation, fill, conduits, pipes or other materials used for pond construction.

(3) Project construction schedule and sequencing plan, including the anticipated starting date of each phase of construction, including the installation of erosion and sediment control measures and final site restoration, for the pond construction or maintenance and the spoil spreading areas. (4) A site restoration, vegetation and landscaping plan for the pond site and the spoil disposal areas, describing the seeding mixture and rate, erosion control matting specifications, mulching type and application rate and any special planting. (5) Project narrative describing the purpose and intent of the pond construction or maintenance and the type of equipment that will be used. (6) A pond maintenance plan, specifying inspection and maintenance tasks and intervals. 32.15. RETAINING WALL REGULATIONS (1) When land disturbing activities associated with the construction or reconstruction of retaining walls or terraces are regulated by the village zoning department, pursuant to chapter 27-22 of the Village Code of Ordinances and subject to this article, the following requirements apply:

(a) Only the minimum excavation necessary for the installation of retaining walls for stabilization of the natural slopes will be authorized. (b) All retaining walls must meet village setback requirements, if applicable. (c) All retaining walls constructed for slope stabilization with a height greater than four feet, shall be designed and certified by a professional engineer licensed in the state, unless pre-engineered products are used and installation complies with manufacturer's specifications. (d) No change in the existing topography of any

26 of 33 land shall be made which would result in increasing any slope greater than three feet horizontal to one foot vertical. (e) New retaining walls and terracing proposed within the shoreyard setback area, as referenced in section 27-22 of the Village Code of Ordinances, will only be authorized where the landowner or responsible party can successfully prove to the village or the department of natural resources, with an engineering report prepared in accordance with section 32-43(c), there is a current erosion problem that cannot be remedied or repaired by resloping and re-vegetation of the area or the use of other means and methods consistent with natural shoreline aesthetics. (f) Retaining walls, when authorized in the shoreyard setback, will be shielded with vegetation if site conditions are suitable for establishing vegetation.

(2) Permit required. No person shall commence land disturbance activities for retaining wall construction or replacement, subject to this article, without receiving prior approval and obtaining a land disturbance, erosion and sediment control from the village. (3) Permit application and fees. Prior to undertaking a land disturbing activity for the construction or reconstruction of retaining walls, subject to this ordinance, the landowner or responsible party shall submit an application for a permit on a form provided by the village, a permit application fee, a retaining wall construction plan, a construction site erosion control and sediment control plan that meets the requirements of section 32-10, and an engineer's report, as referenced in section 32-15(3) prepared by a professional engineer, licensed in the state, certifying that construction or reconstruction of a retaining wall meets the requirements in section 32- 15(a)(5). (4) Engineering report. New construction of retaining walls within the shoreyard setback will not be authorized, unless a professional engineer, licensed in the State of Wisconsin has conducted an on-site inspection and evaluation, considered the site conditions, limitations and

27 of 33 opportunities, documented and certified the following findings:

(a) A slope erosion or failure analysis, including field surveys and exploration, indicates an erosion problem is present on the site. (b) The cause of the slope erosion or failure. (c) The re-sloping and re-vegetation options considered, including the use of erosion control matting and other geotextile remedies. (d) A construction plan and construction details for the retaining wall, if determined and to be the only remedy for the documented erosion problem 32.16. CONSERVATION STANDARDS FOR VEGETATION REMOVAL. (1) Village conservation standards include those applicable design criteria, standards and specifications for a soil and water conservation practice or a system of practices. Conservation standards establish the minimum level of acceptable quality for planning and site assessment, performance, design, installation, operation and maintenance for land and water conservation and management practices. Conservation standards may reference companion documents for design and construction methods, testing procedures, construction and material specifications and other criteria necessary to ensure the appropriate design, installation and maintenance of a conservation practices. (2) Conservation practice standards include those contained in:

(a) Subchapter V of ch. NR 151, Wis. Adm. Code. (b) Section IV of the Field Office Technical Guide, Technical Notes and Field Office Manuals published by the USDA Natural Resource Conservation Service. (c) Other technical standards and specifications adopted by the State Standards Oversight Council, other state or local agencies or organizations, the Wisconsin Department of Natural Resources, the Wisconsin Department of Transportation, the University of Wisconsin Cooperative Extension Service, the Southeastern Wisconsin Regional Planning Commission or the Center for Watershed Protection and approved by the village.

28 of 33 (3) If the Village determines if a proposed vegetation removal activity requires a permit and conservation plan approval, pursuant to chapter 27 of the Village Code of Ordinances, the landowner or the responsible party shall prepare and submit a conservation plan to the village for approval. A conservation plan for vegetation removal activities includes site plan maps, narratives, drawings, job sheets or other instructions and details of the treatment area(s). The following information or documents are the minimum requirements for the preparation of a conservation plan for an area proposed for removal of vegetation.

(a) Description of the intended purpose of the proposed vegetation removal, (ex. water view or access corridor, manage noxious weeds and woody plants, restore natural plant community balance, etc.) and the method of treatment, (ex. manual removal, chemical treatment, biological treatment, controlled burn). (b) A scaled site maps showing the location (s) of the proposed vegetation removal, (treatment area). Mark and label, the 35-foot line from the ordinary high water mark of the body of water, if present. Identify and label stairways, pathways, piers or other structures, if present on the parcel. Show areas to be left undisturbed. (c) Existing species description (by scientific name), distribution and count, transect line location and number and description of the targeted tree, shrub and forb species to be cut and cleared. (d) Photographs of the project site. (e) Describe and include instructions for the proposed treatment methods: 1. Type(s) of equipment used. 2. Schedule and sequence of treatment tasks and procedures. 3. Herbicide name, if used, rate of application, date of application, mixing instruction, (if applicable reference to label instructions). 4. Biological agent, (if used) timing, duration and intensity of grazing or browsing, requirements when using inspects or plants as control agents. 5. A prescribed burn plan, if proposed, complying with village conservation standards. (f) Identify methods and locations for the

29 of 33 disposal of cut vegetation. (g) On a site plan map, locate and label access sites to the treatment areas on the project site plan. If a new permanent or temporary driveway or project access road is proposed, follow permit application instructions for a driveway/roadway permit. (h) On a site plan map, locate and label all erosion and sediment control best management practices to be used on the treatment area, these methods can include, mulching, filter fabric fencing, geo-textile covering or matting. (i) Replanting plan.

1. Replanting location(s) shown on a scaled site plan. 2. Listing by species (by scientific name) density, and maturity 3. Planting methods, including site preparation instructions, 4. Mulching or matting specifications 5. Planting schedule. 6. Care and handling of plant materials 7. Watering or irrigation plan. (4) Evaluation and maintenance plan. Include a narrative to ensure that sufficient monitoring and maintenance of the treatment area is undertaken and spot treatment or re- treatment is conducted. (5) Treatment areas with severe or limiting site conditions, such slope, soils, or wetness, may require additional site planning information and considerations. (6) Vegetation removal activities, if regulated by the village zoning ordinance, cannot commence without approval of a conservation plan by the village. (7) If the zoning division determines that a proposed vegetation removal project requires a conservation plan approved the village, the landowner or the responsible party will prepare and submit a conservation plan complying with the standards and plan requirements contained in section 32-16. (8) The conservation plan will be submitted with the zoning permit application with the application fee, pursuant to section 32-11 of the Village Code of Ordinances. Within 30

30 of 33 days of receipt of the conservation plan, the village will determine if the plan meets requirements of this article and will issue a conservation plan approval letter. The conservation plan approval may include conditions that may be binding with the zoning permit approval.

32.17. SPECIAL EVENTS, PUBLIC ASSEMBLIES AND MASS GATHERINGS (1) APPLICABILTY: This article shall apply to all public gatherings, rallies, assemblies or festivals, at which attendance is greater than 5,000 persons. (2) Application; notice and hearing. Any property owner or person having a contractual interest in any land in the village may file an application for a special sanitary permit. If more than one event is scheduled in a calendar year, an annual permit may be applied for. Except as provided in (c), the application shall be filed with the director of the land use and resource management department at least 30 days in advance of the date of the scheduled event or the first scheduled event of a series, on forms furnished by him and shall include the following: (a) Names and addresses of the applicant, owner of the site, promoter or sponsor of the gathering. (b) Description of the site by metes and bounds or other legal description, address of the site, type and date or dates of proposed gathering and proposed method of operation, maximum number of persons to attend such gatherings and any special or unusual conditions anticipated. (c) Plat of survey to a scale of one inch equals 100 feet prepared by a registered land surveyor showing the location, boundaries, dimensions, type, elevations and size of the following: subject site, soil mapping unit lines, existing or proposed wells, building, fences, woods, streams, lakes or watercourses, as well as the vertical contour interval two feet above the high water level. (d) Fee receipt from the village clerk in the amount of $2000.00 for a Concert and Event in excess of 5,000 persons. (3) Upon receipt of the completed application the executive committee shall call a public hearing thereon. Notice of the time and place of the hearing shall be given by publication in the village of a class 1 notice under Wis.

31 of 33 Stats. ch. 985. A copy of such notice shall be sent by first class mail. The hearing shall be conducted in accordance with the rules of the executive committee. After the hearing the committee shall, if it finds that the standards set forth in section 32-17(5)have been or will be met, direct the director of the land use and resource management department to issue a special sanitary permit and may attach such conditions thereto as are reasonably necessary to insure compliance with, and fulfill the purposes of, this article, including a limitation on the number of persons permitted to attend an event and the imposition of an additional fee based on the estimated actual cost to the village of policing and inspecting the premises and of enforcing the conditions attached to the permit. (4) DETERMINATION BY VILLAGE BOARD: The executive committee shall make a finding based on evidence presented at the hearing of the number of persons expected to attend the event. Such findings shall be final and conclusive on the applicant for the purpose of determining the applicability of those standards set forth in this article which are dependent upon the number of persons attending the event. (5) SANITARY FACILITIES: Adequate sanitary facilities shall be provided in full compliance with this article. Unsanitary, unsealed or open types of portable toilets, outdoor toilets, privies or cesspools are prohibited except that sanitary privies may be permitted provided they are constructed as watertight vault-type privies in accordance with the Wisconsin Administrative Code, and further provided that flush-type toilets shall be provided for any gathering in excess of 10,000 persons. The number of water closets, urinals and lavatories shall be in full compliance with Chapter SPS 377 of the Wisconsin Administrative Code, or other applicable codes. The use of sanitary privies or sanitary portable toilets may be allowed if approved by the village board. (6) MEDICAL FACILITIES: Physicians and nurses licensed to practice in the state shall be present in sufficient numbers to provide the average medical care enjoyed by residents of the state for the maximum number of people to be assembled, together with an enclosed first aid station or stations where medical treatment may be rendered. At least one emergency ambulance shall be available for use at all times.

32 of 33 (7) SOLID WASTE DISPOSAL: Adequate refuse containers shall be available to prevent accumulation of solid waste, garbage and rubbish on the ground. (8) PERMIT REQUIRED: No person shall conduct a public gathering, rally, assembly or festival at which attendance is greater than 5,000 persons without first having obtained a special sanitary permit. 32.18. APPEALS (1) BOARD OF APPEALS. The board of appeals, created pursuant to section [number] of the Village ordinances pursuant to s. 62.23 (7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village in administering this ordinance. The board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the board may authorize variances from the provisions of this ordinance that are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship. (2) WHO MAY APPEAL. Appeals to the Board of Adjustment may be taken by any aggrieved person or any office or department of the village affected by any decision of the village zoning department.

32.19. SEVERABILITY If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such judgment.

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CHAPTER 33 STORM SEWER ILLICIT DISCHARGE AND CONNECTION ORDINANCE

VILLAGE OF BLOOMFIELD WALWORTH COUNTY, WISCONSIN

Chapter 33 Board Action Adopted April 10, 2017, Ordinance No. 2017-O-03

CHAPTER 33 STORM SEWER ILLICIT DISCHARGE AND CONNECTION ORDINANCE

VILLAGE OF BLOOMFIELD WALWORTH COUNTY, WISCONSIN

CONTENTS

Sec. 33-1. Authority...... 1

Sec. 33-2. Title...... 1

Sec. 33-3. Purpose and Intent...... 1

Sec. 33-4. Definitions...... 1

Sec. 33-5. Applicability...... 4

Sec. 33-6. Responsibility for Administration...... 4

Sec. 33-7. Compatibility with Other Regulations...... 4

Sec. 33-8. Severability...... 4

Sec. 33-9. Ultimate Responsibility...... 4

Sec. 33-10. Discharge Prohibitions...... 4

Sec. 33-11. Watercourse Protection...... 5

Sec. 33-12. Compliance Monitoring...... 6

Sec. 33-13. Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the use of Best Management Practices...... 6

Sec. 33-14. Notification of Spills...... 7

Sec. 33-15. Violations, Enforcement, and Penalties...... 7

Sec. 33-16. Cost of Abatement of the Violation...... 9

Sec. 33-17. Appeals...... 9

Sec. 33-18. Enforcement Measures After Appeal...... 10 Sec. 33-19. Violations Deemed a Public Nuisance...... 10

Sec. 33-20. Remedies Not Exclusive...... 10

Sec. 33-21 through 33-30. Reserved for Future Use...... 10

Sec. 33-1. Authority.

This ordinance is adopted under the authority granted by Wis. Stats. Ch. 61.35 and amendments thereto. The Board of Supervisors of the Village of Bloomfield, Walworth County, Wisconsin, do ordain as follows:

Sec. 33-2. Title.

This ordinance shall be known as, referred to, and cited as the " Storm Sewer Illicit Discharge and Connection Ordinance, Village of Bloomfield, and Walworth County, Wisconsin" and hereinafter referred to as the "ordinance."

Sec. 33-3. Purpose and Intent.

The purpose of this ordinance is to provide for the health, safety, environment and general welfare of the citizens of the Village of Bloomfield through the regulation of non-storm water discharges into waters of the state or the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into waters of the state or the MS4 to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this ordinance are: 1) To regulate the contribution of pollutants into waters of the state or the MS4 by storm water discharges by any user.

2) prohibit illicit connections and discharges into waters of the state or the MS4.

3) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance.

Sec. 33-4. Definitions.

For the purposes of this ordinance, the following shall mean: Authorized Enforcement Agency. Employees or designees of the Zoning Administrator.

Best Management Practices (BMPs). Structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state. Pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Construction Activity. Activities subject to the Village of Bloomfield construction permits per Construction Site Erosion Control Zoning Ordinance or WPDES construction permits per NR 216 and ch. 283, Wis. Stats. Contaminated storm water. Storm water that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in NR 216. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

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Department (WDNR). The Wisconsin Department of Natural Resources.

Discharge. As defined in ch. 283, Wis. Stats., when used without qualification includes a discharge of any pollutant. Discharge of pollutant or discharge of pollutants. As defined in Ch. 283, Wis. Stats. means any addition of any pollutant to the waters of this state from any point source.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge. Any discharge into waters of the state or the municipal separate storm sewer system that is not composed entirely of storm water. Non-storm water discharges that are not considered illicit discharges include water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, firefighting, and discharges authorized under a WPDES permit unless identified by the Zoning Administrator as a significant source of pollutants to waters of the state. Illicit Connections. An illicit connection is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter waters of the state or the MS4 including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter waters of the state or the MS4 and any connections to waters of the state or the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to waters of the state or the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity. Activities subject to WPDES Industrial Permits per NR 216 and ch. 283, Wis. Stats.

Maximum Extent Practicable (MEP). A level of implementing management practices in order to achieve a performance standard or other goal which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. Municipality. Any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes, storm water or other wastes. Municipal Separate Storm Sewer System (MS4). As defined in Wisconsin Administrative Code NR 216, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria: (a) Owned or operated by a municipality. (b) Designed or used for collecting or conveying storm water. (c) Which is not a combined sewer conveying both sanitary and storm water. (d) Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment. 2 of 13

Non-Storm Water Discharge. Any discharge to the MS4 that is not composed entirely of storm water.

Owner. Any person holding fee title, an easement or other interest in property. Outfall. The point at which storm water is discharged to waters of the state or to a storm sewer. Person. An individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. Point source. A discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants may be discharged either into the waters of the state or into a publicly owned treatment works except for a conveyance that conveys only storm water or a discernible, confined and discrete conveyance of storm water for which a permit is required under s. 283.33 (1). Pollution. As defined in Ch. 283, Wis. Stats., means any man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. Pollution prevention. Taking measures to eliminate or reduce pollution.

Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Management Plan/Storm Water Pollution Prevention Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to waters of the state or the MS4 to the Maximum Extent Practicable. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse. A natural or artificial channel through which water flows. These channels include: all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils maps in the NRCS soils book for Walworth County, all channels identified on a site, and new channels that are created as part of a development. The term watercourse includes waters of the state as herein defined. Waters of the state. As defined in Ch. 283, Wis. Stats., means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person. Wisconsin Pollutant Discharge Elimination System (WPDES) Storm Water Discharge Permit. Means a Wisconsin pollutant discharge elimination system permit issued by the department pursuant to ch. 283, Stats.

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Sec. 33-5. Applicability.

This ordinance shall apply to all water and discharges entering waters of the state or the MS4 storm drain system generated on any lands unless explicitly exempted by the Village of Bloomfield.

Sec. 33-6. Responsibility for Administration.

The Zoning Administrator shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Zoning Administrator may be delegated in writing by the Zoning Administrator to persons or entities acting in the beneficial interest of or in the employ of the agency.

Sec. 33-7. Compatibility with Other Regulations.

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

Sec. 33-8. Severability.

Sec. 33-9. Ultimate Responsibility.

The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

Sec. 33-10. Discharge Prohibitions.

1. Prohibition of Illicit Discharges. No person shall throw, dump, spill, drain, or otherwise discharge, cause, or allow others under its control to throw, dump, spill, drain, or otherwise discharge into waters of the state or the MS4 any pollutants or waters containing any pollutants, other than storm water. 2. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows

a. The following discharges are exempt from discharge prohibitions established by this ordinance: Water line flushing, landscape irrigation, diverted stream flows, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, and discharges authorized under a WPDES permit unless identified by the Village of Bloomfield as a significant source of pollutants to waters of the state. 4 of 13

b. Discharges or flow from firefighting, and other discharges specified in writing by the Village of Bloomfield as being necessary to protect public health and safety.

c. Discharges associated with dye testing, however this activity requires a verbal notification to the Village of Bloomfield and the Department of Natural Resources a minimum of one business day prior to the time of the test.

d. Any non-storm water discharges permitted under a construction activity permit, industrial activity permit, or WPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Village prior to allowing discharges to waters of the state or the MS4.

3. Prohibition of Illicit Connections.

a. The construction, use, maintenance or continued existence of illicit connections to waters of the state or the MS4 in prohibited.

b. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

c. A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to waters of the state or the MS4, or allows such a connection to continue.

d. Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Village.

e. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to waters of the state of the MS4, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the Village requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Village of Bloomfield

Sec. 33-11. Watercourse Protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of soil erosion, trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

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Sec. 33-12. Compliance Monitoring.

1. Right of Entry: Inspecting and Sampling.

The Village of Bloomfield and its authorized representatives shall be permitted to enter and inspect properties and facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. a. If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the Village of Bloomfield.

b. Facility owners and operators shall allow the Village of Bloomfield ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.

c. The Village of Bloomfield shall have the right to set up on any property or facility such devices as are necessary in the opinion of the Village to conduct monitoring and/or sampling of the facility’s storm water discharge.

d. The Village of Bloomfield has the right to require the owner or operator to install monitoring equipment as necessary, and make the monitoring data available to the Village. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

e. Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Village of Bloomfield and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

f. Unreasonable delays in allowing the Village access to a facility is a violation of this ordinance. A person who is the operator of a facility commits an offense if the person denies the Village and its authorized representatives reasonable access to the facility for the purpose of conducting any activity authorized or required by this ordinance.

2. Special Inspection Warrant.

If the Village of Bloomfield has been refused access to any part of the premises from which storm water is discharged, and the Village is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Village may seek issuance of a special inspection warrant per s. 66.0119, Wis. Stats.

Sec. 33-13. Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the use of Best Management Practices.

The owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water shall provide, at their own expense, reasonable protection from 6 of 13

accidental discharge of prohibited materials or other wastes into waters of the state or the MS4 through the use of structural and non-structural BMPs. Further, any person responsible for a property or premise, that is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to waters of the state or the MS4. Compliance with all terms and conditions of a valid permit authorizing the discharge of storm water associated with industrial activity or construction activity, to the maximum extent practicable, shall be deemed compliance with the provisions of this section.

Sec. 33-14. Notification of Spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which is resulting or may result in illicit discharges or pollutants discharging into storm water, the MS4, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release, so as to minimize the impacts of the discharge. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, and shall also notify the Village of Bloomfield. In the event of a release of non-hazardous materials, said person shall notify the Village Zoning Administrator in person or by phone or email or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Village within 3 business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on- site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 5 years. Failure to provide notification of a release as provided above is a violation of this ordinance.

Sec. 33-15. Violations, Enforcement, and Penalties.

1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the vent the violation constitutes an immediate danger to public health or public safety, the Village of Bloomfield is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Village of Bloomfield is authorized to seek costs of the abatement as outlined in Section 33-16. 2. Warning Notice. When the Village of Bloomfield finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the Village of Bloomfield may serve upon that person a verbal or written Warning Notice, specifying the violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in the subsection shall limit the authority of the Village of Bloomfield to take action, including emergency action or any other enforcement action without first issuing a Warning Notice. 3. Notice of Violation.

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Whenever the Village of Bloomfield finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Village of Bloomfield may order compliance by written notice of violation to the responsible person. The Notice of Violation shall contain: a. The name and address of the alleged violator; b. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; c. A statement specifying the nature of the violation; d. A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; e. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; f. A statement that the determination of violation may be appealed to the Village of Bloomfield by filing a written notice of appeal within 5 business days of service of notice of violation; and g. A statement specifying that, should the violator fail to restore compliance within the established time schedule, representatives of the Village of Bloomfield may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The Village of Bloomfield may go on the land and commence the work after issuing the notice of intent. The Village of Bloomfield is authorized to seek costs of the abatement as outlined in Section 33-16.

Such notice may require without limitation: a. The performance of monitoring, analyses, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; e. Payment of a fine to cover administrative and remediation costs; and f. The implementation of BMPs. g. Suspension of MS4 Access.

4. Emergency Cease and Desist Orders

When the Village of Bloomfield finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Village of Bloomfield may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: a. Immediately comply with all ordinance requirements; and b. Take such appropriate preventative action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.

Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the Village of Bloomfield may take such 8 of 13

steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The Village of Bloomfield may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Village that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Village of Bloomfield within 30 days of receipt of the Notice of Violation.

5. Suspension due to Illicit Discharges in Emergency Situations

The Village of Bloomfield may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the Village of Bloomfield may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons. 6. Suspension due to the Detection of Illicit Discharge

Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Village of Bloomfield will notify a violator of the proposed termination of its MS4 access. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Village of Bloomfield. 7. Prosecution and Penalties.

Any person violating any provision of this ordinance shall be subject to a forfeiture of not less than $25.00 nor more than $1,000.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense. The Village of Bloomfield may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, river bank cleanup, etc. Compliance with the provisions of this ordinance may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.

Sec. 33-16. Cost of Abatement of the Violation.

The costs of the work performed by the Village of Bloomfield pursuant to this ordinance, plus interest at the rate authorized by the Village of Bloomfield shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to subch. VII of ch. 66, Wis. Stats.

Sec. 33-17. Appeals.

1. Board of Appeals.

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The Board of Appeals created pursuant to Chapter 27.173 of Village of Bloomfield Code of Ordinances enacted pursuant to 62.23(7)(e), Wis. Stats.: a. Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village of Bloomfield in administering this ordinance except for cease and desist orders obtained under Section 33-15(4). b. Upon appeal, may authorize variances from the provisions of this ordinance which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and shall use rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

2. Who May Appeal.

Appeals to the board of appeals may be taken by an aggrieved person or by any office, department, board, or bureau of the Village of Bloomfield affected by any decision of the Village of Bloomfield

Sec. 33-18. Enforcement Measures After Appeal.

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, the appropriate authority upheld the decision of the Village of Bloomfield then representatives of the Village of Bloomfield may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The Village of Bloomfield may go on the land and commence the work after issuing the notice of intent. The Village of Bloomfield is authorized to seek costs of abatement as outlined in Section 33-16. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

Sec. 33-19. Violations Deemed a Public Nuisance.

Any condition in violation of any of the provisions of this ordinance and declared and deemed a nuisance, may be summarily abated or restored at the violator's expense.

Sec. 33-20. Remedies Not Exclusive.

The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Village of Bloomfield to seek cumulative remedies. The Village of Bloomfield may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

Sec. 33-21 through 33-30. Reserved for Future Use.

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