This division describes the procedural requirements relating to the review of new or expanded livestock operations that will have 500 or more animal units.
The owner of the subject property may submit an application for the establishment of a livestock operation.
The general steps outlined below shall be used in the review of an application for a conditional use permit for a new or expanded livestock operation.
A. 
Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposed livestock operation.
B. 
Submittal of application materials. The applicant shall submit four copies of the completed application form and worksheets prescribed by § ATCP 51.30, Wis. Adm. Code, to the Zoning Administrator along with the application fee as may be established by the Village Board.
C. 
Determination of completeness. Within 45 days of submittal, the Zoning Administrator shall determine whether the application is complete or incomplete. If the Zoning Administrator determines that the application is incomplete, he or she shall send the applicant a written notice that describes the reason or reasons why the application is incomplete. If the Zoning Administrator determines that the application is complete, he or she shall send a written notice to the applicant within 14 days of such determination.
D. 
Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to the Planning Commission and the applicant. The Zoning Administrator shall also provide a copy to interested people upon request.
E. 
Notice to adjacent property owners. Within 14 days of a determination of completeness, the Zoning Administrator shall mail a completed notice as in Ch. ATCP 51, Wis. Adm. Code, to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. Such notices shall be mailed by first-class mail. Failure to comply with the notice requirement under this subsection does not invalidate the approval of a proposed livestock facility, or create a cause of action by a property owner against the Village of Fox Crossing or any Village committee, Village board, or employee.
F. 
General notice. Consistent with Division 2 of Article 6, the Zoning Administrator shall provide for meeting agenda notice in addition to the special notice sent to the adjoining property owners in the previous step.
G. 
Meeting. Allowing for proper notice, the Planning Commission shall consider the application at a regular or special meeting.
H. 
Decision. The Planning Commission shall approve the application, approve the application with conditions, or deny the application based on the decision criteria contained in this division. The Planning Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 90 days after the Zoning Administrator determines the application is complete unless the applicant agrees to an extension of a specified duration. The Planning Commission may, with or without the consent of the applicant, extend the review period with good cause, including a determination that it needs more time to obtain additional information needed to act on the application, the applicant materially modified the application following a determination of completeness, or the applicant requested an extension. If the review period is extended, the Zoning Administrator shall provide the applicant with a written notice of such decision that contains a date by which the Planning Commission will act on the application.
I. 
Preparation of decision notice. Based on the action of the Planning Commission, the Zoning Administrator shall within 15 days of such decision prepare a decision notice consistent with this division and give a copy to the applicant.
J. 
Recordation of approval. If the application is approved, the applicant may record such decision in the office of the Register of Deeds.
K. 
DATCP notification of decision.
(1) 
The Zoning Administrator shall send a copy of the decision notice, within 30 days of such decision, to the Wisconsin Department of Agriculture, Trade and Consumer Protection by mail or fax as follows:
Mail:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
Bureau of Land and Water Resources
PO Box 8911
Madison, WI 53708-8911
Fax:
(608) 224-4615
(2) 
Failure to comply with this notice requirement shall not invalidate such decisions.
L. 
Compilation of public record. The Zoning Administrator shall compile all of the materials specified in § 435.6-54.
The Planning Commission, in making its decision, shall consider whether the application complies with the standards set forth Division 7 of Article 7 and other provisions of this chapter as may be applicable.
The Planning Commission may impose one or more conditions of approval provided they are limited to those actions required to comply with the standards related to livestock operations.
The application submittal shall include the application shown in Appendix A of Ch. ATCP 51, Wis. Adm. Code, along with any related worksheets, maps, or other material.
The staff report shall contain the following:
A. 
Preliminary findings based upon the decision criteria listed in this division;
B. 
A recommendation to approve the application, approve the application with conditions, or deny the application; and
C. 
Other information deemed necessary by the staff.
A. 
Approval. If an application for a livestock operation is approved, the decision notice shall include the following:
(1) 
A statement that the application is approved;
(2) 
Conditions of approval as described in this division, if any;
(3) 
Written findings of fact supported by evidence in the record that the approval is warranted;
(4) 
A statement that an aggrieved person may appeal the decision to the Zoning Board of Appeals or the Wisconsin Livestock Facility Siting Review Board and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(5) 
Other information the Planning Commission or Zoning Administrator deems appropriate;
(6) 
The signature of the Zoning Administrator on behalf of the Planning Commission;
(7) 
The date of the decision; and
(8) 
A duplicate copy of the approved application, including all worksheets, maps, and other documents (other than engineering specifications) included in the application, marked "approved."
B. 
Denial. If an application for a livestock operation is denied, the decision notice shall include the following:
(1) 
A statement that the application is denied;
(2) 
Written findings of fact supported by evidence in the record that the denial is warranted;
(3) 
Findings based upon the decision criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5) 
A statement that the decision may be appealed as provided for in this division;
(6) 
Other information the Planning Commission or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Planning Commission; and
(8) 
The date of the decision.
An approval granted under this division shall run with the land and be binding on all subsequent property owners.
A. 
Following a public hearing, the Planning Commission may revoke or modify an approval if it determines that information in the application or otherwise provided by the applicant or the applicant's agent was incomplete, false, misleading, or inaccurate and such information would have altered its decision to approve the application or the conditions of approval which were or were not imposed.
B. 
Notification required for termination of approval.
(1) 
If an approval is terminated under this section, the Zoning Administrator shall send a copy of the notice, within 30 days of such decision, to the Wisconsin Department of Agriculture, Trade and Consumer Protection by mail or fax as follows:
Mail:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
Bureau of Land and Water Resources
PO Box 8911
Madison, WI 53708-8911
Fax:
(608) 224-4615
(2) 
Failure to comply with this requirement shall not invalidate such decision.
If the Zoning Administrator determines that the livestock operator has not begun to populate the approved livestock facility within two years of approval and the operator has not begun construction on every new or expanded livestock housing structure and every new or expanded waste storage structure proposed in the application within two years of approval, he or she shall initiate the process to terminate the approval pursuant to Division 6 of this article. Termination of an approval does not prevent a livestock operator from submitting a new application for review. If an aggrieved person appeals an approval, the date of approval shall be the date the appeal is concluded if the court does not overturn the approval.
A. 
Generally. At any time following approval of a livestock operation, the livestock operator may submit a written request to the Zoning Administrator proposing an amendment to the approval. So long as the proposed amendment complies with the required standards, the Planning Commission may allow the amendment without following the review procedures in this division. If the Planning Commission approves the proposed amendment, such decision shall be documented in writing and contain the signature of the Chairperson of the Planning Commission or the Zoning Administrator. Each approved amendment shall be sequentially identified (i.e., First Amendment, etc).
B. 
Recordation of approval. If the amendment is approved, the livestock operator may record the decision document in the office of the Register of Deeds.
The Zoning Administrator shall compile the following materials and retain them for at least seven years after the date the Planning Commission makes a decision to approve or deny an application:
A. 
The application and all subsequent additions or amendments to the application which were made by the applicant prior to the Commission's final decision.
B. 
A copy of the notice sent to the applicant stating that the application was deemed incomplete or complete.
C. 
Copies of any other notices or correspondence that the Zoning Administrator or Planning Commission issued in relation to the application.
D. 
A record of any public hearing related to the application. The record may be in the form of an electronic recording, a transcript prepared from an electronic recording, or a direct transcript prepared by a court reporter or stenographer. The record shall also include any documents or evidence submitted by hearing participants.
E. 
Copies of any correspondence or evidentiary material that the Planning Commission considered in relation to the application.
F. 
Minutes of all Planning Commission meetings when the application was considered.
G. 
The written decision as required under this division.
H. 
Other documents that the Planning Commission prepared to document its decision or decisionmaking process.
I. 
A copy of any local ordinance cited in the Planning Commission's decision.
A. 
Generally. If a property owner does not comply with the terms of the approval, such action shall be deemed a violation of this chapter and cause for termination of the approval consistent of this article.
B. 
Considerations in pursuing enforcement. The Zoning Administrator and Planning Commission should exercise sound judgment in deciding whether to take compliance action under this section. The following factors should be considered: whether adverse weather conditions may have affected an operator's ability to comply, the nature and seriousness of the violation, whether the violation was intentional or accidental, the operator's compliance history, consistency of enforcement, and whether the problem can be resolved without formal enforcement. Before taking compliance action, the Village should give the operator notice and a reasonable opportunity to demonstrate compliance.
A. 
Appeal to Zoning Board of Appeals. Because the decision of the Planning Commission to approve or deny an application is considered an administrative matter, an aggrieved person, as defined in this section, may appeal the final decision of the Commission to the Zoning Board of Appeals within 30 days of such decision.
B. 
Appeals to Livestock Facility Siting Review Board. As provided under the Wisconsin Livestock Siting Law,[1] an aggrieved person may appeal the decision of the Zoning Board of Appeals to approve or deny an application to the Wisconsin Livestock Facility Siting Review Board within 30 days of such decision.
[1]
Editor's Note: See § 93.90, Wis. Stats.
C. 
Definition of aggrieved person. For the purpose of this division, an "aggrieved person" includes the applicant and any person who resides or owns land within two miles of the proposed livestock facility.