A. 
Site plans. The way in which a land use occupies a lot has a direct effect on the overall functionality of the site, the extent to which the land use can be expanded on the site in the future, effects of the land use on nearby properties, and impacts on existing and anticipated public and private infrastructure. This division describes the requirements and procedures for reviewing a site plan.
B. 
Plan of operations. The way in which many land uses operate has a direct effect on the nature of the use and potential effects on nearby properties, including existing and anticipated land uses. This division describes the requirements and procedures for reviewing a plan of operation.
Those land uses designated as requiring site plan review (SP) or plan of operation review (PO) in the land use matrix (Appendix A[1]) must comply with the requirements in this division.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.
The owner of the subject property, or an agent acting on their behalf, may submit an application for a site plan and plan of operation.
The general steps outlined below shall be used in the review of a site plan and plan of operation application.
A. 
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
B. 
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
C. 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
D. 
Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.
E. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
F. 
Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.
G. 
Decision. The Plan Commission makes a decision to i) approve the site plan/plan of operation, ii) approve the site plan/plan of operation with conditions, or iii) deny the site plan/plan of operation.
H. 
Preparation of decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a decision document consistent with this division.
I. 
Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
J. 
Acceptance by property owner. If the application is approved, the property owner and the operator, if different, must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner or operator, if different, may submit a petition to the Village Clerk requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
K. 
Public record copy. A copy of the decision document is retained as a public record.
A. 
Site plan. The review authority shall consider the following factors in making its decision:
(1) 
Effects of the project on traffic safety and efficiency and pedestrian circulation, both on-site and off-site;
(2) 
Effects of the project on the natural environment;
(3) 
Effects of the project on surrounding properties;
(4) 
Compliance with the general site design principles and requirements in Article 6;
(5) 
Compliance with the design principles for parking lots enumerated in Article 14;
(6) 
Compliance with other applicable requirements in this chapter; and
(7) 
Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.
B. 
Plan of operation. The review authority shall consider the following factors in making its decision:
(1) 
The nature of the land use with regard to the number of employees, nature and extent of truck shipments to and from the site, hours of operation, use of hazardous substances, and other operational characteristics;
(2) 
The nature and extent of anticipated positive and negative effects on properties in the area;
(3) 
Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed land use; and
(4) 
Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.
A. 
Site plan. In approving a site plan, the Plan Commission may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping and screening, revisions to the site design, and outdoor lighting.
B. 
Plan of operation. In approving a plan of operation, the Plan Commission may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to operational characteristic of the land use, including hours of operation and processes or activities related to the land use.
C. 
Effect on contracts with another party. The Plan Commission shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]
[1]
Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
The staff report should include the following:
A. 
A description of the proposed project;
B. 
Preliminary findings for the decision criteria listed in this division;
C. 
A recommendation to approve the application, approve the application with conditions, or deny the application;
D. 
A preliminary list of conditions whether the staff recommendation is for approval or denial; and
E. 
Other information deemed necessary.
A. 
Approval. If the application for a site plan or plan of operation is approved, the decision document should include the following:
(1) 
A statement that the site plan/plan of operation is approved;
(2) 
A description of the land use along with operational characteristics;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
Conditions of approval, if any;
(5) 
A statement indicating that the property owner and operator, if different, must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;
(6) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(7) 
A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(8) 
Other information the reviewing authority or Zoning Administrator deems appropriate;
(9) 
The signature of the Zoning Administrator on behalf of the reviewing authority; and
(10) 
The date of the decision.
B. 
Denial. If the application for a site plan or plan of operation is denied, the decision document should include the following:
(1) 
A statement that the site plan/plan of operation is denied;
(2) 
A description of the land use;
(3) 
Reasons for the decision based on the 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 reviewing authority or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the reviewing authority; and
(8) 
The date of the decision.
An approval of a site plan/plan of operation shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:
A. 
The permit holder requests the extension prior to the expiration of the permit;
B. 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
C. 
The project complies with this chapter in effect at the time the extension is granted.
Following approval of a site plan or plan of operation, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.