Article 16.120 Administration and Enforcement

Designation. The Zoning Administrator or designee is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator is to interpret and administer this chapter and to issue all permits required by this title.

Duties. The provisions of this title shall be administered and enforced by the Zoning Administrator or designee, who in addition thereto and in furtherance of said authority shall:

Determine that all Detailed Site Analyses, Building Permits, Certificates of Occupancy, Sign Permits, Site Plans, (and their constituent plans) comply with all provisions of this chapter.

Conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.

Allowed access to premises and structures during reasonable hours to make those inspections as necessary to ensure compliance with this title. If entry is refused after presentations of their identification, the Zoning Administrator may procure a special inspection warrant in accordance with Section 66.122, Wis. Stats., to conduct inspections of buildings, structures, waters, and land to determine compliance with all provisions of this title.

Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications.

Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the floodplain districts.

§ 16.123 Amendment of zoning regulations.

Receive, file, and forward all applications for any and all procedures governed by this title 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 title to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney per their specifications.

(h)

Institute, in the name of the Village of Belleville, any appropriate actions or proceedings against a violator of this title, as provided by law.

(i)

Prohibit the use or erection of any structure, land, or water until the Zoning Administrator and/or the Building Inspector has inspected and approved such use or erection.

(j)

Where useful, the Zoning Administrator, or their agent, may set marks or markers on bridges or buildings to show the depth of the floodplain or delineating the boundaries of wetlands.

(k)

Request assistance and cooperation from the Village 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 Chapters. 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. The Zoning Administrator may designate a Deputy Zoning Administrator.

(m)

Make interpretations regarding the provisions of this title as the Zoning Administrator deems necessary.

(n)

Unless otherwise provided, the Zoning Administrator may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the satisfaction of the Zoning Administrator that the information required is not relevant to or necessary for the determination of the application submitted.

(o)

The Zoning Administrator may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this title unless an ordinance or resolution expressly provides otherwise.

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 amendments to provisions of this Section.

Initiation of request for amendment to this chapter. Proceedings for amendment of this title may be initiated by any one (1) of the following three (3) methods:

An application by any member of the general public;

A recommendation of the Plan Commission; or

By action of the Village Board.

Application requirements. All applications for proposed amendments to this title, regardless of the party of their initiation per Section 16.123(2) shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. No placement of the application on any agenda, as an item to be acted upon, shall occur unless confirmation of a complete application is stated to the applicant. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the Village Clerk, the Applicant shall provide the Zoning Administrator or Village Clerk with the payment and completed application form, which dictates the required provisions for a complete application. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this Chapter. The Zoning Administrator will notify the applicant if the application does not fulfill the requirement of this chapter, is incomplete, or is complete.

The Zoning Administrator shall review the complete application and evaluate and comment on the written justification for the proposed text amendment provided. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the Village of Belleville’s Comprehensive Master Plan, particularly as evidenced by compliance with the standards of Section 16.123(4)(b)1 through 3:

How does the proposed text amendment further the purposes of this chapter and the general section in which the amendment is proposed to be located as outlined in Section 16.014.

How does the proposed text amendment further the purposes of the specific section in which the amendment is proposed to be located?

Which of the following factors has arisen that are not properly addressed in the current zoning text:

The provisions of this chapter should be brought into conformity with the Comprehensive Plan (if a factor related to the proposed amendment, note pertinent portions of the Comprehensive Plan);

A change has occurred in the land market, or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet said change(s);

New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors;

If the proposed text amendment is concerned with the provisions of Section 16.020 and 16.030: How does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts?

The Zoning Administrator shall forward a report to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.

Public notice.

Official notification shall be written by the Zoning Administrator or designee after a confirmed complete application. The Village Clerk will submit this notice to the newspaper.

Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change. In addition, at least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant, and to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

Review and action by the Plan Commission. The Village Board shall not make an amendment to this chapter without allowing for a recommendation from the Plan Commission per the provisions of this article:

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within sixty (60) days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney.

Within sixty (60) days after the public hearing (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding Section 16.123(4) and its recommendations regarding the application. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Section 16.123(4)(b).

If the Plan Commission fails to make a report within sixty (60) days after the filing of said complete application (and in the absence of an Applicant-approved extension per Section 16.123(5)(b), then the Village Board may hold a public hearing within thirty (30) days after the expiration of said sixty (60)-day period. Failure to receive said written report from the Plan Commission per Section 16.123(5)(a), shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Section 16.123(5)(a).

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Section 16.123(4)(b) after taking into consideration the proposal by the Applicant.

Review and action by the 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, Zoning Administrator, and/or the Applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings. The Village Board may approve the amendment as originally proposed, approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or deny approval of the proposed amendment. Any action to amend the provisions of the proposed amendment requires a majority vote of the Board. The Village Board’s approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (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.

§ 16.124 Amendment of Official Zoning Map.

Initiation of request for amendment to Official Zoning Map. Proceedings for amendment of the Official Zoning Map may be initiated by any one (1) of the following three (3) methods:

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission; or

By action of the Village Board.

Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. No placement of the application on any agenda, as an item to be acted upon, shall occur unless confirmation of a complete application is stated to the applicant. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the Village Clerk, the Applicant shall provide the Zoning Administrator with the payment and completed application form, which dictates the required provisions for a complete application. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Review by the Zoning Administrator. The proposed amendment to the Official Zoning Map shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. The Zoning Administrator will notify the applicant if the application does not fulfill the requirement of this chapter, is incomplete, or is complete.

The Zoning Administrator shall review the complete application and evaluate and comment on the written justification for the proposed map amendment provided in the application per Section 16.124(3). The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the Village of Belleville’s Comprehensive Master Plan, particularly as evidenced by compliance with the standards:

Which of the following factors has arisen that are not properly addressed on the current Official Zoning Map?

The designations of the Official Zoning Map should be brought into conformity with the Comprehensive Plan;

A mistake was made in mapping on the Official Zoning Map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) NOTE: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from spreading;

Factors have changed, (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district;

Growth patterns or rates have changed, thereby creating the need for an Amendment to the Official Zoning Map.

How does the proposed amendment to the Official Zoning Map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

The Zoning Administrator shall forward a report to the Plan Commission for their review and use in the making its recommendation to the Village Board. The Zoning Administrator shall note any points of conflict with the above findings and the Comprehensive Master Plan in their report.

Public notice.

Official notification shall be written by the Zoning Administrator or designee after a confirmed complete application. The Village Clerk will submit this notice to the newspaper.

Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant; to all property owners within a two hundred and fifty (250) foot radius of the boundaries of the subject property; and to the Village of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

The Village will place a sign on the subject property providing notice of the public hearing per Section 16.121.

Review and action by the Plan Commission.

The Village Board shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this subsection.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within sixty (60) days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney.

Within sixty (60) days after the public hearing (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), Staff to the Plan Commission shall make a written report to the Village Board stating its findings regarding Section 16.124(4) and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Section 16.124(4)(b).

If the Plan Commission fails to make a report within sixty (60) days after the filing of said complete application, then the Village Board may hold a public hearing within thirty (30) days after the expiration of said sixty (60) day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Section 16.124(5)(b).

Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the Applicant. The Board may take final action on the application to the Official Zoning Map at the time of its initial meeting, may continue the proceedings, may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. Any action to amend the Official Zoning Map requires a majority vote of the Board. The Village Board’s approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of three (3) 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.

§ 16.125 Conditional use review and approval.

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 conditional uses.

Conditional uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. Under this chapter, a proposed Conditional Use shall be denied unless the Applicant can demonstrate, to the satisfaction of the Village, that the proposed Conditional Use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole.

Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.

Application requirements. All proposed conditional use application shall be submitted to the Zoning Administrator for approval of completeness to initiate the process. Once deemed complete, the item can be placed on the agenda. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the Village Clerk, the Applicant shall provide the Zoning Administrator with the payment and a completed application form, which dictates the required provisions for a complete application. In addition, said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the Village's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of the following sections:

How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the Village of Belleville Comprehensive Plan, this chapter, and any other plan, program, or chapter adopted, or under consideration pursuant to official notice by the Village?

Does the proposed conditional use, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors such as dust, lighting, air pollution, noise, odor, glare, heat, hazardous materials, 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 provisions of this chapter, the Comprehensive Plan, or any other plan, program, map, or chapter adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development?

Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public agencies serving the subject property?

Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, after taking into consideration the Applicant's proposal and any requirements recommended by the Applicant to ameliorate such impacts?

The Zoning Administrator shall forward a report to the Plan Commission for their review and use in making its determination. The Zoning Administrator shall note any point of conflict with the above findings and the Comprehensive Master Plan in their report.

Public notice.

Official notification shall be written by the Zoning Administrator or designee after a confirmed complete application. The Village Clerk will submit this notice to the newspaper.

Notice of the proposed conditional use and the public hearing shall conform to the requirements of Section 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed conditional use. In addition, at least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant, to all property owners within a two hundred and fifty (250) foot radius of the boundaries of the subject property; and to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

The Village will place a sign on the subject property providing notice of the public hearing per Section 16.121.

Review and action by the Plan Commission.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within forty-five (45) days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney.

Within sixty (60) days after the public hearing (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), the Plan Commission shall make a written report stating its findings, and its determination regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Section 16.125(4)(b)1 through 5.

Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Plan Commission.

If the Plan Commission approves an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion that the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use after taking into consideration the proposal by the Applicant.

Review and action by the Village Board. If the Plan Commission, at their sole discretion, determines an application to be of such importance and or intricacy as to warrant the necessity of Village Board review and approval, the application may be forwarded to the Village Board for their determination. Upon such decision, the Zoning Administrator shall forward all application materials and application review along with the written findings of the Plan Commission to the Village Board at their next regularly scheduled meeting and cause the application to be added to that meeting agenda.

Additional requirements. Once a conditional use is granted, no Erosion Control Permit, Site Plan approval (per Section 16.128), Certificate of Occupancy, or Building Permit shall be issued for any development which does not comply with the requirements of this chapter.

Revocation of approved conditional use.

A conditional use found not to be in compliance with the terms of this chapter, with other applicable terms in the Code of Ordinances, with the conditions imposed, if any, upon the specific conditional use permit approved by the Plan Commission, or with applicable state law shall constitute grounds for revocation.

A conditional use permit may also be revoked if, from the facts presented at the public hearing or by investigation, the Plan Commission finds any one (1) or more of the following grounds:

That the permit approval was obtained by fraud;

That the permit granted is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances; and

That the use for which the permit approval was granted is being or has been exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.

§ 16.126 Temporary use review and approval.

Upon request by the Zoning Administrator or the Plan Commission, the Plan Commission shall hold a public hearing to determine whether or not to revoke a conditional use permit, which would follow the public hearing notifications except that the owner of the property will be served a notice by registered mail, postage prepaid, or return receipt requested. At such hearing, the holder of the conditional use permit and any other interested persons shall be given an opportunity to speak. The Plan Commission shall then revoke the permit or maintain the permit. If the Plan Commission decides to maintain the permit, it may choose to place additional conditions upon the permit.

(11)

Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within three hundred and sixty-five (365) days of their approval by the Plan Commission and shall be operational within seven hundred and thirty (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, or all other approvals or licenses necessary for the operation of the conditional use. Prior to such a revocation, the Applicant may request an extension of this period. Said request shall require formal approval by Plan Commission and shall be based upon a showing of acceptable justification (as determined by Plan Commission).

(12)

Discontinuing approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding three hundred and sixty-five (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.

(13)

Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use in violation as approved per Section 16.125(6), without approval by the Plan Commission shall be grounds for revocation of said conditional use approval per Section 16.125(10).

(14)

(15)

Conditional use found not to be in compliance. Any conditional use found not to be in compliance with the terms of this chapter or found not to be in compliance with the specific conditions imposed on the conditional use shall be considered in violation of this chapter. The penalties identified in Section 16.160 are in addition to, and not in lieu of, revocation and other remedies provided for in this chapter.

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 temporary use.

Temporary uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. These uses can also potentially create undesirable impacts on nearby properties which cannot be determined except on a case-by-case basis. To prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located. A public hearing process is not required to review a request for a temporary use.

Regulations Applicable to All Temporary Uses. No public hearing is required to grant a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this ordinance and all applicable bulk regulations must be made at time of site plan application (see Section 16.128). Furthermore, no Building Permit or Certificate of Occupancy, if required, shall be issued for any temporary use which does not comply with all requirements of this chapter. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.

Application Requirements. All applications for proposed temporary uses, shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Authority. The Zoning Administrator may authorize the temporary use of a building, structure, or lot as authorized under this section. The Zoning Administrator will only approve a temporary use upon a finding that such use will not have an adverse impact on surrounding properties or threaten the public health, safety, or welfare, and that such temporary use is otherwise in compliance with this chapter. The Zoning Administrator may impose any such conditions on their approval of the temporary use that they deem necessary to protect the public health, safety, and welfare. The denial of a Temporary Use Permit by the Zoning Administrator may be appealed to the Zoning Board of Appeals.

Term. The term of a temporary use approved by the Zoning Administrator may not exceed six (6) months. Upon expiration of the six (6)-month term, the Zoning Administrator may allow the temporary use to continue for up to one (1) additional six-month period.

§ 16.127 Sign permit.

Purpose. The purpose of this section is to provide a procedure and requirement for obtaining a Sign Permit prior to the erection of certain signs as required by Section 16.100.

General requirement. Unless specifically permitted by Section 16.100, no sign shall be erected, altered, or relocated after the effective date of this title until a Sign Permit has been secured from the Zoning Administrator.

Application requirements. All applications for sign permits shall be made in writing on a form supplied by the Village of Belleville Zoning Administrator. Said application shall be submitted with all required information provided and shall conform to the rules and requirements adopted by the Zoning Administrator.

Procedure. The Zoning Administrator shall review the submitted application for compliance with the requirements of Sections 16.100 and 16.127(3). Upon the receipt of a complete application, the Zoning Administrator shall issue an approved or denied Sign Permit based on the submitted application within thirty (30) business days of the acceptance of the complete application. The decision of the Zoning Administrator to deny a sign permit may be appealed to the Zoning Board of Appeals.

Termination of a sign permit. Any sign found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.

§ 16.128 Site plan/plan of operation review and approval.

Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan and plan of operation applications. The provisions of this section are designed to ensure that all proposed land use, development activity, and commercial or industrial uses complies with the requirements of this chapter.

Applicability.

Site plan. This section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading, or filling) requires the approval of site, building and operational plans by the Village Plan Commission before the building, occupancy, and zoning permits can be issued—except, however, that development activity associated with an approved final plat of subdivision or certified survey map for residential buildings with two (2) or fewer dwelling units, and development activity associated with the full and complete implementation of a project approved within the Final Plan phase of the Planned Development is exempt from this requirement.

Plan of operation. This section requires that each new tenant occupying a commercially or industrially zoned space complies with the use requirements of this chapter. Each new business moving into an existing space is required to provide information regarding their proposed operations for review and approval of the Zoning Administrator.

A site plan may not be applicable to the process for the review and approval for the plan of operation, but a plan of operation review and approval is required as a component of each site plan review process.

Procedure.

Initiation of request for approval.

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).

Proceedings for an approval of a plan of operation may be initiated by a tenant or the tenant(s) representative with the knowledge, support and approval of the property owner.

Pre-application meeting. The petitioner shall first meet with the Zoning Administrator and other applicable Village Staff to discuss preliminary concepts and plans for the development and/or use. Guidance will be provided to the Petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

Application for site plan/plan of operation review and review by zoning administrator. The petitioner shall submit an application to the Zoning Administrator to initiate the process who will review it for completeness per the requirements of Section 16.128(3)(d). The Zoning Administrator will notify the applicant if the application does not fulfill the requirements of this chapter, is incomplete, or is complete. The review of the submitted application shall be completed within fourteen (14) business days of application submittal.

Site plan. Once the application is approved as complete, the Zoning Administrator shall schedule an appearance before the Plan Commission a minimum of two (2) weeks from the date of complete application acceptance. Once deemed complete, the Zoning Administrator shall notify the petitioner of the date and time of the applicable Plan Commission meeting. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

Plan of operation. Once the application is approved as complete, the Zoning Administrator shall review all information and may approve, deny, or provide other options to the applicant for further action. A plan of operation application may be reviewed by the Zoning Administrator and does not require action by the Plan Commission.

Application requirements.

Site plan. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure and may be revised upon review by Village Staff. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. The applicant shall provide the Zoning Administrator with payment and a completed application form and all supporting documentation. The application must conform to the rules and requirements adopted by the Zoning Administrator.

Plan of operation. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure and may be revised upon review by Village Staff. The applicant shall provide the Zoning Administrator with payment and a completed application form and all supporting documentation. The application must conform to the rules and requirements adopted by the Zoning Administrator.

Required procedure for submission and review.

Required timing of submission.

Site plan. The site plan shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the Preliminary Plat of Subdivision or the Certified Survey Map; or if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the site plan; however, the acceptance and/or general approval of the concept plan does not indicate the approval of natural resource feature locations. A site plan prepared for the subject property which has been previously approved by the Zoning Administrator may be submitted for any subsequent development activity on the site. However, modifications to a previously approved site plan will be required if the analysis is no longer accurate for the subject property.

Plan of operation. The plan of operation may be submitted to the Zoning Administrator for review concurrent with any other Village application for approval. If applicant is applying for building permits, site plan, conditional use, or other planning approvals or if the applicant wishes to apply for licenses to sell alcohol in connection with their proposed business, they may wish to seek preliminary plan of operation approval first, but it is not required. Applicant is required to apply for plan of operation approval prior to undertaking any business activity in their desired location.

Review by Village staff. Village staff shall review the submitted site plan/plan of operation for general compliance with the following data sources:

Official Zoning Map;

Federal and state documents and maps such as, but not limited to, FEMA floodplain maps, wetland inventories, and topographic data;

The requirements of this Zoning Code;

The Village of Belleville Comprehensive Master Plan; and

Site visits. The Zoning Administrator shall provide the petitioner with a written evaluation of the submitted site plan which shall indicate the acceptance by Village Staff; or the need for further analysis work, discussion with the petitioner and/or Staff-recognized experts, or a joint site visit.

Modification of site plan. If necessary, as determined by Village Staff, revised site plans/plan of operations shall be prepared and submitted for review by Village Staff, until a version is deemed acceptable. Staff review of the site plan may be appealed to the Board of Zoning Appeals as a matter of Chapter Interpretation (see Section 16.123).

Acceptance of site plan. Upon notification of acceptance by Village Staff, (or in case of appeal, by determination of the Board of Zoning Appeals), the petitioner may proceed with the submittal of necessary development or other business licensing related documents.

Integration of the site plan information with required development and/or land division documents. Information contained on the Site Plan relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a Building Permit) and on any proposed Plat of Subdivision or Certified Survey Map.

Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the following:

The basic intent of the Comprehensive Master Plan and Zoning Ordinance to ensure attractive, efficient, and appropriate development of land in the community;

Whether the site plan application ensures particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment;

Whether the site plan application ensures that adequate public utilities and public services are being provided.

Plan of operation applications do not require Plan Commission approval and may be approved by the Zoning Administrator as the Plan Commission’s authorized agent. This shall not prohibit the Zoning Administrator from referring any application to the Plan Commission for consideration.

(g)

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 are 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 by one (1) of the two (2) above procedures as directed by the Plan Commission.

Initiation of land use or development activity.

Site plan. Absolutely 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 article and shall be subject to all applicable enforcement mechanisms and penalties.

Plan of operation. Absolutely no business activity of any kind may occur on the subject property prior to the approval of the required plan of operation. Any such activity prior to such approval shall be a violation of this article and shall be subject to all applicable enforcement mechanisms and penalties.

Modification of an approved site plan/plan of operation. Any and all variation between development and/or land use activity on the subject property and the approved site plan or plan of operation is a violation of this section. An approved site plan/plan of operation shall be revised and approved via the procedures of sections 16.128(2) and (4), to clearly and completely depict any and all proposed modifications to the previously approved site plan/plan of operation, prior to the initiation of said modifications. Minor modifications to a site plan/plan of operation may be approved by the Zoning Administrator without the need for further review and approval by the Plan Commission. Minor modifications will be limited to the following:

The minor amendment does not result in an increase in the approved number of dwelling units;

The minor amendment does not result in a greater than five (5) percent cumulative increase in the amount of square footage of a non-residential land use or structure;

The minor amendment does not result in a change in the housing mix or use mix ratio;

The minor amendment does not result in a change in the character of the development as determined by the Zoning Administrator.

The minor amendment does not change the primary use of the property.

The minor amendment does not result in the necessity to enter a separate permitting process.

Effect of denial. No application for site plan or plan of operation review and approval which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (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.

Time limits on development. The start of construction of any and all development(s) in an approved site plan shall be initiated within three hundred sixty-five (365) days of their approval by Plan Commission and shall be operational within seven hundred thirty (730) days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the site plan approval. For the purposes of this section, "operational" shall be defined as the granting of a Certificate of Occupancy for the development. Prior to such revocation, the Applicant may request an extension of this period. Such request shall require formal approval by the Plan Commission and shall be based upon a showing of acceptable justification (as determined by the Plan Commission).

§ 16.129 Variance review and approval.

Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property.

Application requirements. All applications for requested variances shall be approved as complete by the Zoning Administrator a minimum of two (2) weeks prior to the initiation of this procedure. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said application is deemed complete a notified by the Zoning Administrator to the applicant. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the Village Clerk, the Applicant shall provide the Zoning Administrator the payment and a completed application form, which dictated the required provisions for a complete application. In addition, said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Review by the Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. The Zoning Administrator will notify the applicant if the application is not complete, does not fulfill the requirements of this chapter, or is complete.

Upon notifying the Applicant that their application is complete, the Zoning Administrator shall review the application, evaluate, and comment on the written justification for the proposed variance. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the Village of Belleville’s Comprehensive Master Plan, particularly as evidenced by compliance with the standards:

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:

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 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;

Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance;

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;

Violations by, or variances granted to, neighboring properties shall not justify a variance;

The alleged hardship shall not be one that would have existed in the absence of a zoning chapter. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)

In what manner do the factors identified in Section 16.129(3)(b)1 prohibit the development of the subject property in a manner like 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.

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.

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 chapter, the Comprehensive Plan, or any other plan, program, map, or chapter 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.

Have the factors which present the reason for the proposed variance been created by the act of the Application or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or orientation, lotting pattern, or grading) after the effective date of this chapter (see Section 16.018) The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the Applicant, a previous property owner, or their agent.

Does the proposed variance involve the regulations of Section 16.031 and Section 16.035. The response to this question shall clearly indicate that the requested variance does not involve the provisions of this section.

The Zoning Administrator shall forward a report to the Zoning Board of Appeals for the Board's review and action. The Zoning Administrator shall note if the proposal may conflict with the provisions of the Village's Zoning Chapter and Comprehensive Master Plan in the report.

Public notice.

Notice of the requested variance and the public hearing shall conform to the requirements of Section 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance. In addition, at least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant; to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the subject property; and to all property owners within two hundred fifty (250) feet of the boundaries of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

The Village will place a sign on the subject property providing notice of the public hearing per Section 16.121.

Review and determination by Zoning Board of Appeals.

Within thirty (30) days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing.

Within thirty (30) days after the public hearing, (or, within an extension or continuation of said period approved by or the Zoning Board of Appeals), the Zoning Board of Appeals shall make its written findings and determination. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the Applicant.

If the Zoning Board of Appeals fails to make a determination within sixty (60) days after said public hearing, then the request for the variance shall be considered denied.

Said report shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the requirements of Section 16.129(3).

Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (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.

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.

Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter 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 their 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 by a Court of Record on application, on notice to the Zoning Administrator, and on due cause shown.

§ 16.130 Certificate of zoning compliance.

No vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until a certificate of compliance shall have been issued by the Building Inspector or Zoning Administrator. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be applied for when application is made for a zoning permit and shall be issued within ten (10) days after the completion of the work specified in such zoning permit application, but only if the building or premises and the proposed use thereof conform to all the requirements of this chapter.

Under such rules and regulations as may be established by the Village Board, the Building Inspector may issue a temporary certificate of compliance for part of a building.

§ 16.131 Appeals of Zoning Administrator decisions.

Upon written request from the owner, the Building Inspector shall issue a certificate of compliance for any building or premises existing on the effective date of this chapter, provided that on-site inspection shows that the extent and kind of use made of the building or premises conform to the provisions of this chapter.

Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for appeals from the decisions of the Zoning Administrator as provided for by Section 62.23(7)(e)(7), Wis. Stats.

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.

Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of Section 16.131(4), within a period not exceeding forty-five (45) days from the date of issuance of the decision by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five (45)-day period shall constitute a final and binding waiver of the right to appeal said decision.

Application requirements. All applications for review of a decisions, regardless of the party of their initiation per Section 16.131(2) shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator a minimum of two (2) weeks prior to the initiation of this procedure. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. The Zoning Administrator will notify the applicant if the application is not complete, does not fulfill the requirements of this chapter, or is complete.

The Zoning Administrator shall review the application, 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 requested is in harmony with the recommendations of the Village of Belleville’s Comprehensive Master Plan.

The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action and note any conflict with the provisions of the Village's Comprehensive Master Plan or Zoning Chapter in the report.

Public notice.

Notice of the appeal and said public hearing shall conform to Section 63.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue. At least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant; to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter; and to any property owner within two hundred and fifty (250) feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

The Village will place a sign on the subject property providing notice of the public hearing per Section 16.121.

Review and action by the Zoning Board of Appeals.

Within thirty (30) 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.

Within sixty (60) days after holding the public hearing (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 Section 16.131(3). 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.

If the Zoning Board of Appeals fails to make a determination within 30 days after the filing of said complete application, then the request for the appeal shall be considered denied.

Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (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.

Limited effect of a favorable ruling on an appeal.

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 three hundred sixty-five (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 commenced within that period.

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 three hundred sixty-five (365) consecutive days or more.

§ 16.132 Planned Unit Development.

Purpose and intent.

Authority. The Village Board may, in accordance with the procedures and standards set out in this chapter, approve a Planned Unit Development Overlay District ("Planned Unit Development") in the form of a Map Amendment. The intent of a Planned Unit Development is to consider developments presenting a higher form of design quality, public benefit, and a need for flexible application of certain zoning standards. The Planned Unit Development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this title to the extent the departures will not be detrimental to or endanger the public health, safety, or general welfare.

Purpose. The Planned Unit Development is intended to encourage and provide means for desirable and quality development through greater flexibility in application of zoning regulations than permitted under the base district regulations. Latitude in application of zoning standards is to be accomplished in accordance with the purpose and intent of this chapter, and not adversely impact the environment, property values, or the character of the neighborhood or the community. The Planned Unit Development should create diversity and creativity in the relationship of uses, structures, and open spaces in cohesive projects. Resulting developments should be in context of the community and surrounding areas, advance economic development in the Village, be supportable by local public services, and facilitate preservation of open lands and natural areas.

Planned Unit Development considerations. Planned Unit Developments may be granted pursuant to the same procedures as a Map Amendment in any Zoning District in the Village. Single-family residential developments of only one (1) lot are not eligible for zoning as a Planned Unit Development. The following additional requirements shall apply to Planned Unit Developments:

The dimensions, bulk and area regulations for all zoning districts as required in this chapter will be applied to the total area within the Planned Unit Development, as one (1) lot, for the specific district in which the Planned Unit Development is located.

The Planned Unit Development may be, as necessary, subdivided into multiple lots to accommodate Planned Unit Developments that require multiple lots.

Approval of the Planned Unit Development project does not constitute approval for the construction of new buildings or structures on the site. Building permits are required for each building or structure.

Procedure. A Planned Unit Development shall be granted as a map amendment in accordance with the following procedures:

Informal review. To initiate the Planned Unit Development process, the owner/developer shall meet with Village staff for an informal review of the potential development, its compliance with the Village's Comprehensive Plan and development ordinances, appropriateness for the site and surrounding areas, the approval process, and related matters. The Informal Review Conference does not require formal application, fee, or filing of a Planned Unit Development plan. To make the discussion productive, applicants are advised to provide information describing the land use, property size, and character of the anticipated development.

Optional Plan Commission pre-application review. Prior to the applicant filing for Planned Unit Development consideration, a workshop meeting may be held with the Plan Commission as an agenda item of a regularly scheduled meeting. The Zoning Administrator will determine if the workshop meeting is necessary. This meeting could be beneficial for larger projects and to benefit the applicant and provide insights and understanding as to the Plan Commission's and Village's overall perspective on how the proposed Planned Unit Development adheres to the Village's Comprehensive Plan, what information will be useful to the Plan Commission as part of the formal approval process, and what issues the Plan Commission notes merit consideration during the process. This information will allow the applicant to prepare necessary and appropriately detailed information for the Preliminary Plan Approval. Any views expressed in the course of the Plan Commission's workshop review shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the Plan Commission, or any member of it, to recommend approval or denial of any formal application following full consideration as required by this chapter.

Preliminary plan review. A preliminary plan for the Planned Unit Development shall be submitted to the Zoning Administrator for consideration by the Plan Commission at a Public Hearing. The Applicant must submit a complete application for a Planned Unit Development. Said complete application must conform to the rules and regulations adopted by the Zoning Administrator. As determined to be appropriate by the Zoning Administrator for the specific matter, the Zoning Administrator may waive any of the submittal requirements or require that additional information be submitted to provide for a thorough evaluation of the proposed Planned Unit Development.

Hearing; public notice. The Plan Commission shall hold a Public Hearing on the application for a Planned Unit Development.

Official notification shall be written by the Zoning Administrator or designee after a confirmed complete application. The Village Clerk will submit the notice to the newspaper.

Notice of the proposed planned development and the public hearing shall conform to the requirements of Section 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed planned unit development. In addition, at least ten (10) days before said public hearing, the Village shall mail a notice to the Applicant; to all property owners within a two hundred fifty-foot radius of the boundaries of the subject property; and to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

The Village will place a sign on the subject property providing notice of the public hearing per Section 16.121.

Decisions by the Plan Commission. Following the Public Hearing and review of the preliminary Planned Development plan and supporting materials for conformity to this chapter, the Plan Commission shall, within sixty (60) days from date of Public Hearing (or within any continued period approved by the Plan Commission), recommend approval, modification, or disapproval, and the reasons therefor, to the Village Board; said recommendation shall include the Plan Commission's findings of fact in regard to the standards for findings in this article.

Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed Preliminary Plan. The Board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the Applicant. The Board may take final action on the application for the Preliminary Plan at the time of its initial meeting, may continue the proceedings, may approve the Preliminary Plan as originally proposed, may approve the proposed Preliminary Plan with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed Preliminary Plan. Any action to approve a Preliminary Plan requires a majority vote of the Board. The Village Board’s approval of the requested Preliminary Plan shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed Preliminary Plan.

Effect of preliminary planned development plan approval. Approval of a preliminary Planned Unit Development plan shall not constitute approval of the final plan. It is an approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be approved as the final Planned Unit Development plan if it substantially conforms with the preliminary Planned Unit Development plan. Preliminary plan development shall be required prior to final plan approval.

Concurrent review. An applicant for Planned Unit Development may request concurrent review of Preliminary and Final Plans. Such request shall be approved at the sole determination of the Zoning Administrator. If concurrent review is authorized, the process shall include the Public Hearing required by this section, and all materials required for Final Plan Approval shall be provided prior to scheduling said hearing.

Approval of final plan. The final Planned Development plan shall conform substantially to the preliminary plan as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such stages conform to all requirements of these regulations. The required procedure for approval of a final plan shall be as follows:

Submission of final plan. A final Planned Unit Development plan and other supporting data required for approval shall be submitted to the Zoning Administrator within one (1) year of Preliminary Plan approval by the Village Board. In the event an application for final plan is not submitted within one (1) year, the Village will automatically rescind the preliminary plan approval. Upon written request by the applicant and showing of good cause, the Village Board may extend the filing for the Final Plan by a period not to exceed one (1) year.

Required information. The Applicant must submit a complete application for a Final Planned Unit Development. Said complete application must conform to the rules and regulations adopted by the Zoning Administrator. As determined to be appropriate by the Zoning Administrator for the specific mater, the Zoning Administrator may waive any of the submittal requirements or require that additional information be submitted.

Substantial conformance.

If the submitted Final Plan is found by the Zoning Administrator to be in Substantial Conformance with the Preliminary Plan, the Zoning Administrator shall forward said plan to the Plan Commission for their review and recommendation to the Village Board at a regular meeting.

If the submitted Final Plan is found by the Zoning Administrator to deviate from the Preliminary Plan so as not to be in Substantial Conformance, the proposed Final Plan shall be reviewed by the Plan Commission at a properly noticed Public Hearing and shall be treated as a new application for Preliminary Plan Approval.

Final Plans shall be considered to be in Substantial Conformance with Preliminary Plans as long as said Final Plans are consistent in regard to all of the following:

Type of land use(s) proposed;

Proportion of the development devoted to each proposed land use;

Have increased residential density by no greater than five (5) percent;

Have increased of nonresidential square footage by no greater than five (5) percent;

Have reduced provided parking by no greater than five (5) percent;

Have decreased the amount of dedicated open space by no greater than five (5) percent; or

Have decreased the amount of gross square footage by no greater than five (5) percent.

Decisions of Plan Commission. After review of the Final Plan, the Plan Commission shall, within sixty (60) days after the public hearing and meeting to review the proposed Final Development Plan, recommend approval or disapproval or approval subject to stated modifications and the reasons therefor to the Village Board that the Final Plan is in substantial conformance with the preliminary plan.

Decisions of Village Board. The Village Board shall consider the Plan Commission's recommendation regarding whether the Final Plan is in substantial conformance with the Preliminary Plan. The Board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the Applicant. The Board may take final action on the application for the Final Plan at the time of its initial meeting, may continue the proceedings, and may place additional conditions on the approval of a Final Plan. Any action to approve a Final Plan requires a majority vote of the Board. The Village Board’s approval of the requested Final Plan shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed Final Plan.

Permits. Permits are to be issued only after the Final Plan and supporting data have been approved by the Village Board.

(Reserved)

(11)

Amendments to an approved Planned Unit Development. The Planned Unit Development shall be constructed in accordance with the approved and recorded Final Plan and all supporting data. Should circumstances necessitate a major change to the Final Plan, such changes may be approved only by submission of a new Preliminary Plan and following the Preliminary Planned Unit Development Plan Approval procedure and subsequent approval of the new Final Planned Unit Development Plan, as set forth in this chapter.

Major changes. Major changes are those that alter the concept or intent of the planned development including:

Increasing density by greater than five (5) percent,

Increasing in the amount of gross square footage by greater than five (5) percent,

Increasing in the height of buildings,

Reducing proposed open space by greater than five (5) percent,

Changes in road standards,

Changes in the types of approved land uses within the Planned Development, or

Changes in the final governing agreements, provisions, or covenants.

Minor changes. Minor changes are all changes other than those that qualify as a major change. The Zoning Administrator may approve minor changes in the Planned Unit Development that do not change the concept or intent of the development, without going through the Planned Unit Development approval steps. Approved changes shall be reported to the Village Board and filed with the Village Clerk.

(12)

Findings.

§ 16.133 Historic preservation overlay district designation.

No application for Preliminary Planned Development shall be approved without a satisfactory finding regarding the following standards. The Plan Commission shall submit to the Village Board a written recommendation and Findings of Fact for each matter it hears based on said standards:

The standards for Map Amendments, as outlined in this chapter, shall be met by all Planned Unit Developments.

Character and density of land use. The uses proposed and their density and arrangement on the site shall be of a visual and operational character which:

Is compatible to the physical nature of the site, with particular concern for preservation of natural features, tree growth, and open space.

Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.

Would not adversely affect the anticipated provision for school or other municipal services.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

Engineering design standards. The width of street rights-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage, or other similar environmental engineering considerations shall implement their specific function to ensure the public safety and welfare. In addition, pedestrian and bicycle facilities shall be designed to comply with the Village Code.

Preservation and maintenance of open space. Adequate provision shall be made for the permanent preservation and maintenance of common open space, either by private reservation or dedication to the public.

Implementation schedule. A realistic schedule for the implementation of the development shall be submitted to the satisfaction of the Village, including suitable phasing and assurance that each segment of the project shall constitute a logical module of development, and will not adversely affect the community as a result of termination at that point.

(13)

(14)

For purposes of this chapter, a historic property, historic structure, or historic district designation may be placed on any property, natural or improved, including any improvement located thereon, or any area of particular historic, architectural, archaeological or cultural significance to the Village, such as historic buildings, structures, sites, or objects, or districts which maintain sufficient physical integrity to represent their areas of significance and fall under one or more of the following criteria:

Exemplify or reflect the broad cultural or social history or important events of the nation, state or community;

Are identified with historic personages in national, state, or local history;

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, interior spaces, or of indigenous materials or craftsmanship or of the notable work of a master builder, designer or architect who influenced his or her age; or

Have yielded, or may be likely to yield, information important to prehistory or history.

The Plan Commission shall adopt specific operating guidelines for historic property and district designation, provided that such are in conformance with the provisions of this chapter.

Such guidelines will include the following provisions:

To make such a property designation, a Village citizen, their representative, or a Plan Commission member shall submit to the Plan Commission a physical description of each property, identification of the current owners of record and its functions, a statement of its historical significance, photographs of all exterior elevations of the property, a statement of location or legal description, a Village plat showing the precise boundaries of the property, and any other maps or sketches which clarify the nature of the property included in the designation.

The Zoning Administrator shall examine the legal description to ascertain that it specifies the intended property.

Designation of historic properties.

The Plan Commission may, after notice and public hearing, recommend designation of historic properties or rescission of such designation or recommendation if unavoidable alteration has occurred, after application of the criteria in Section 16.133(1). At least ten (10) days prior to such hearing, the Village Clerk shall notify the owners of record who are owners of property in whole or in part situated within two hundred fifty (200) feet of the boundaries of the property affected.

The Plan Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. Within ten (10) days after the close of the public hearing, the Committee may recommend designation of the property as an historic property or historic structure or recommend rescission of the designation. Notification shall be provided to the Village Clerk of such decision.

The Village Board, upon receipt of the recommendations from the Plan Commission shall either designate or reject the designation of the property as a historic property or rescind or reject rescission of the designation.

Review and adoption procedure.

Plan Commission. The Plan Commission shall hold a public hearing when considering the plan and designation of a historic property or district. Notice of the public hearing shall be sent to the owners of the property within the proposed historic district or situated in whole or in part within two hundred fifty (200) feet of the boundaries of the proposed historic district. Said notice is to be sent at least ten (10) days prior to the date of the public hearing. Following the public hearing, the Plan Commission shall vote to recommend, reject or withhold action on the designation and plan.

Village Board. The Village Board after review of the recommendation by the Plan Commission, shall either designate or reject the historic district. Designation of the historic district shall occur in two (2) steps: adoption of the designation and then of the plan prepared for that district. Adoption of both shall direct the implementation of said plan. If the Village Board fails to adopt the plan, where prudent, the Village Board and Committee will cooperatively revise the plan, hold public hearing as noted in this section, and reconsider the plan.

§ 16.134 Downtown Festival District review and approval.

No building permit shall be issued by the Building Inspector for alteration, rehabilitation, construction, demolition, or removal of a single nominated historic property or any property within a nominated historic district from the date of the meeting of the Plan Commission at which a nomination form is first presented until the final disposition of the nomination by the Village Board, unless alteration, removal or demolition is authorized by formal resolution of the Village Board as necessary for public health, welfare, or safety. In no event shall the delay be for more than one hundred eighty (180) days.

Application. The Downtown Festival District regulations and uses shall apply within every area marked in the Downtown Festival District map, which is hereby incorporated into this section.

Application materials will be made available by the Village Clerk in a form approved by the Zoning Administrator.

Applications will be reviewed by the Village Police Chief, Director of Public Works, Fire Chief, EMS Chief and Zoning Administrator with their comments provided to the Plan Commission and the Village Board.

Review and action by the Plan Commission. The Plan Commission shall review the application along with any comments or recommendations provided by Village Staff as outlined in Section 16.134(1)b). The Plan Commission may request further information and/or additional reports from the Zoning Administrator, and/or the Applicant. The Plan Commission may take action on the application at the time of its initial meeting or may continue the proceedings. The Village Board may approve the application as originally proposed, may approve the proposed application with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, or other Village Staff), or may deny approval of the application.

Review and action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed application. The Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the Applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings. Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, or other Village Staff), or may deny approval of the proposed application. Any action to amend the provisions of the proposed application requires a majority vote of the Board. The Village Board’s approval of the requested conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed use in the future.

Permitted uses. The following shall be a permitted use in a Downtown Festival District:

Special events that are less than seventy-two (72) hours in duration.

Regulations.

Festivals within the Downtown Festival District may only occur if there is an event organizer that will be managing the festival.

Prior to a festival in the Downtown Festival District, the event organizer must obtain a special event permit under Section 10.25 of the Village Code.

The festival organizer must comply with all Federal, State, County, and Village laws, including all requirements under Section 10.25 of the Village Code.

Festival Event attendees that will consume alcohol within the designated boundaries of the Festival Event premises must wear a bracelet or possess a special container indicating they are of legal age to consume alcohol.

The licensee shall ensure that all fire hydrants remain free from obstructions within fifteen (15) feet and any other requirements established by the police, fire, and public works departments.

Alcohol may not be carried in from one (1) licensed premises to another licensed premises.

(g)

Festival attendees shall not carry alcoholic beverages outside of the designated Downtown Festival District event boundaries.

(h)

Alcoholic beverages purchased from a licensed premises, but consumed off-premises, must be in containers approved by the Village as part of the special event permit.

(i)

The festival boundaries must be clearly marked by signs.

(j)

The licensee must obtain all other applicable Federal, State, County, and Village approvals.

(k)

During a Downtown Festival Event’s approved hour of operation, and notwithstanding any Village ordinances to the contrary, Festival attendees may take open containers of beer or wine from establishments with a “Class B” or Class “B” temporary liquor license off premise and consume such alcoholic beverages on the public rights of way, public spaces, or sidewalks within the designated festival boundaries.

Fee. A fee is required for this procedure as set forth in the Village Fee Schedule, as amended. The applicant shall be required to sign a reimbursement agreement, furnished by the Village at the time of application to ensure reimbursement of all Village costs associated with the review of the application by the Village’s contracted professional staff. Furthermore, the applicant accepts as a condition of the approval of their application that they will become liable to reimburse the Village for operational costs incurred during the time which the Downtown Festival District is active.

§ 16.135 Non-metallic mining and resource extraction district designation.

Statutory authority. This section is adopted under authority of Sections 61.34(1) and 295.14(1), Wis. Stats., and Section NR 135.32, Wis. Adm. Code.

Effect on other regulations. The purpose of this section is to adopt and implement the uniform statewide standards for nonmetallic mining required by Section 295.12(1)(a), Wis. Stats., and contained in Chapter NR 135, Wis. Adm. Code. It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other Wisconsin law.

Interpretation. In their interpretation and application, the provisions of this section shall be held to be the applicable requirements for non-metallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes outside the reclamation requirements for non-metallic mining sites required by Subchapter I of Chapter 295, Wis. Stats., and Chapter NR 135, Wis. Adm. Code. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wis. Adm. Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135, Wis. Adm. Code.

Applicability.

Overall applicability. The requirements of this section apply to all operators of non-metallic mining sites within the Village of Belleville and as provided in Section NR 135.02(1) and (2), Wis. Adm. Code, except where exempted in Section 16.135(4)(b).

Exemptions. This chapter does not apply to the exempt activities listed in Section NR 135.02(3), Wis. Adm. Code.

Reclamation standards. All non-metallic mining sites subject to this chapter shall be reclaimed in conformance with the standards contained in Subchapter II of Chapter NR 135, Wis. Adm. Code.

Permit required. No person may engage in non-metallic mining or in non-metallic mining reclamation without possessing a non-metallic mining reclamation permit issued pursuant to this chapter, unless the activity is specifically exempted in 16.135(4).

Required submittal. The operator of all non-metallic mining sites shall apply for a reclamation permit from Village of Belleville. All reclamation permit applications under this section shall be accompanied by the information required by Section NR 135.18(1), Wis. Adm. Code.

Reclamation permit application contents. The operator of any non-metallic mine site shall submit an application that meets the requirements of Section NR 135.18(2), Wis. Adm. Code, and the submittals required under Section 16.135(6)(a) to the Village Clerk prior to commencement of operations.

Reclamation plan.

Reclamation plan requirements. All operators of non-metallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the requirements of Section NR 135.19, Wis. Adm. Code.

Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by Section 16.135(7)(a) may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.

Approval of reclamation plan. The Village of Belleville shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to Section 16.135(11). Conditional approvals of reclamation plans shall be made according to Section 16.135(11), and denials of reclamation plans shall be made according to Section 16.135(12). The operator shall keep a copy of the reclamation plan required by this section, once approved by the Village under this chapter, at the mine site or, if not practicable, at the operator's nearest office or place of business.

Financial assurance.

Financial assurance requirements. All operators of non-metallic mining sites in the Village of Belleville shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of Section NR 135.40, Wis. Adm. Code.

Private non-metallic mines. The operator of any non-metallic mining site that applies for a reclamation permit in conformance with Section 16.135(7) shall submit the proof of financial assurance required by Section 16.135(8)(a) as specified in the reclamation permit issued to it under this chapter.

Public non-metallic mining. The financial assurance requirements of this section do not apply to non-metallic mining conducted by the State of Wisconsin, a state agency, board, commission or department, or a municipality.

Public notice and hearing.

Reclamation plan hearing. The Village Board shall provide public notice and the opportunity for a public informational hearing as set forth in Section NR 135.20(1) and (2), Wis. Adm. Code, for any non-metallic mining site for which a complete reclamation permit application that satisfies Section 16.135(7) is received.

Local transportation-related mines. No public notice or informational hearing is required for a non-metallic mining reclamation permit issued to a local transportation-related mine pursuant to Section 16.135(8)(c).

Issuance of permit.

Permit required. No person may engage in non-metallic mining or non-metallic mining reclamation in the Village of Belleville without obtaining a reclamation permit issued under this section, except non-metallic mining sites exempt from this chapter as provided in Section 16.135(4).

Permit issuance. Applications for reclamation permits for non-metallic mining sites that satisfy Section 16.135(7) shall be issued a reclamation permit or otherwise acted on as provided in Section NR 135.21(2), Wis. Adm. Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms to Section 16.135(7) and provision by the applicant of financial assurance that conforms to Section 16.135(8) payable to the Village of Belleville prior to beginning mining.

Automatic permit for local transportation-related mines. The Village of Belleville shall issue an automatic permit under this section for any borrow site operated to provide material for a locally administered transportation project that meets the criteria in Section NR 135.23(1)(a), Wis. Adm. Code. This automatic permit shall be issued according to the provisions of Section NR 135.23(1)(b) through (j), Wis. Adm. Code.

Expedited review. Any operator of a non-metallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in Section 16.135(19)(b). The expedited review shall be carried out according to the provisions of Section NR 135.23(2), Wis. Adm. Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to Section 16.135(9).

Permit conditions. Permits issued under this section may include conditions as provided in Section NR 135.21(2), Wis. Adm. Code. One (1) required condition shall be that new mines shall obtain financial assurance prior to beginning mining pursuant to Section NR 135.40, Wis. Adm. Code.

(11)

Denial of permit. An application for a non-metallic mining reclamation permit shall be denied if any of the factors specified in Section NR 135.22, Wis. Adm. Code, exist.

(12)

Alternative requirements.

Scope of alternative requirements approvable. An operator of a non-metallic mining site may request an alternative requirement to any reclamation standard established in Section 16.135(6). Such a request may be made only on the basis of the criteria set forth in Section NR 135.26(1), Wis. Adm. Code.

Procedures. The operator of a non-metallic mining site requesting an alternate requirement in Section 16.135(12)(a) shall demonstrate all the criteria in Section NR 135.26(1), Wis. Adm. Code. This shall be submitted in writing to the Village Board.

Transmittal of decision on request for alternate requirements. The decision on a request for alternative reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternative requirement was or was not approved.

Notice to Wisconsin Department of Natural Resources. The Village of Belleville shall provide notice to the Wisconsin Department of Natural Resources as provided in Section NR 135.26(3)(a), Wis. Adm. Code.

(13)

Permit duration. A non-metallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the non-metallic mining site, unless suspended or revoked pursuant to Section 16.135(23) or as limited under Section NR 135.27, Wis. Adm. Code, where the mine operator is not the landowner.

(14)

Permit transfer. A non-metallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the conditions in Section NR 135.28, Wis. Adm. Code.

(15)

Review of decision or action. Any permitting decision or action made by Village Board under this chapter may be reviewed as set forth in Section NR 135.30, Wis. Adm. Code.

(16)

Permit modification.

By the Village of Belleville. A non-metallic mining reclamation permit issued under this chapter may be modified by Village Board if it finds that, due to changing conditions, the non-metallic mining site is no longer in compliance with this chapter. Such modification shall be by an order conforming to the procedures in Section 16.135(24) and as provided in Section NR 135.24(1), Wis. Adm. Code.

At the operator's option. If the operator of any non-metallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to the Village Clerk. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.

Required by the operator. The operator of any non-metallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit if required under the circumstances set out in Section NR 135.27, Wis. Adm. Code. Such application for permit modification shall be acted on using the standards and procedures of this chapter.

Review. All actions on permit modifications requested or initiated under this section are subject to review under Section 16.135(17).

(17)

Permit suspension or revocation.

Grounds. The Village of Belleville may suspend or revoke a non-metallic mining reclamation permit issued pursuant to this chapter if it finds any of the grounds listed in Section NR 135.25(1), Wis. Adm. Code.

Procedures. If the Village Board finds grounds for suspending or revoking a non-metallic mining reclamation permit set forth in Section 16.135(17)(a), it may issue a special order suspending or revoking such permit as set forth in Section 16.135(23).

Consequences. The consequences of a reclamation permit suspension or revocation order under Section 16.135(17)(b) shall be as set forth in Section NR 135.25(2) and (3), Wis. Adm. Code.

(18)

Annual operator reporting.

Contents and deadline. Annual reports shall be submitted by the operators of non-metallic mining sites that satisfy the requirements of Section NR 135.36, Wis. Adm. Code. These reports shall be for reclamation during a calendar year and submitted in writing within sixty (60) days of the end of each calendar year. Annual reports shall be submitted until reclamation at each non-metallic mining site is certified as complete under Section 16.135(23).

Inspection in lieu of report. The Village Board may, at its discretion, obtain the information required in Section 16.135(18)(a) by written documentation of an inspection it completes during a calendar year, as set forth in Section NR 135.36(4), Wis. Adm. Code.

Retention of annual reports. Annual reports submitted under this section or inspection records that replace them shall be retained by Village Clerk for at least ten (10) years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wis. Adm. Code.

(19)

Plan review fees.

Amount and applicability. A person who intends to operate a non-metallic mining site for which a permit application has been submitted under Section 16.135(7) shall submit a nonrefundable plan review fee as prescribed in the Village Fee Schedule. No plan review fee may be assessed under this section for any local transportation-related mine issued an automatic permit under Section 16.135(10)(c). A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to Section 16.135(7).

Expedited plan review fee. A person who intends to operate a non-metallic mining site for which a permit application has been submitted under Section 16.135(7) may obtain expedited reclamation plan review by paying a fee as determined in the Village Fee Schedule. Such fee shall be in addition to that required in Section 16.135(19)(a).

Relation to annual fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under Section 16.135(20).

(20)

Annual fees.

Areas subject to fees; procedures, deadline and amount. Operators of all non-metallic mining sites subject to reclamation permits issued under this chapter shall pay an annual fee to the Village of Belleville. These fees shall be calculated based on the amount of unreclaimed acres of each site, as defined in Section NR 135.39(1)(a), Wis. Adm. Code, and according to its provisions. Such fees apply to a calendar year or any part of a year in which non-metallic mining takes place, until final reclamation is certified as complete under Section 16.135(23). Fees shall be paid no later than January 31st for the previous year.

Wisconsin Department of Natural Resources share of fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in Section NR 135.39(3), Wis. Adm. Code. For sites on which no non-metallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be as prescribed in the Village Fee Schedule. The Village of Belleville shall forward fees collected under this subsection to the Wisconsin Department of Natural Resources by March 31st.

Village share of fee.

Fees paid under this section shall also include an annual fee due to the Village of Belleville which shall be on an unreclaimed-acre basis and listed in the Village Fee Schedule.

The annual fee collected by Village of Belleville under this section for local transportation-related mines issued permits under Section 16.135(10)(c) may not exceed the amounts set forth in Table 2 of Section NR 135.39, Wis. Adm. Code, and shall include a share for both the Wisconsin Department of Natural Resources and the Village of Belleville.

Reduced fee for inactive mines. Any site on which no nonmetallic mining activity has taken place in a calendar year shall be assessed a fee for the following calendar year on a per-acre basis as listed in the Village Fee Schedule.

(21)

Regulatory reporting and documentation.

Reporting. The Village of Belleville shall send an annual report to the Wisconsin Department of Natural Resources including the information required by Section NR 135.37, Wis. Adm. Code, by March 31st for the previous calendar year.

Documentation. The Village of Belleville shall, to the best of its ability, maintain the information set forth in Section NR 135.47(3), Wis. Adm. Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of the Village's reclamation program pursuant to Section NR 135.47, Wis. Adm. Code.

(22)

Completed reclamation, reporting, certification and effect.

Reporting. The operator of a non-metallic mining site may certify completion of reclamation for a portion or all of the non-metallic mining site pursuant to a reclamation plan prepared and approved pursuant to this chapter and Chapter NR 135, Wis. Adm. Code.

Reporting of interim reclamation. The operator of a non-metallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Chapter NR 135, Wis. Adm. Code. Reporting of interim reclamation shall be done according to the procedures in section 16.1335(22)(a).

Certification of completed reclamation. The Village of Belleville shall inspect a non-metallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this section within sixty (60) days of receipt and make a determination in writing in accordance with Section NR 135.40(7)(c), Wis. Adm. Code. If it is determined that interim or final reclamation is complete, including revegetation as specified in a plan that conforms to Section 16.135(8), the Village of Belleville shall issue the mine operator a written certificate of completion.

Effect of completed reclamation. If reclamation is certified by Village of Belleville as complete under Section 16.135(22)(c) for part or all of a non-metallic mining site, then:

No fee shall be assessed under Section 16.135(21) for the area so certified.

The financial assurance required by Section 16.135(8) shall be released.

Effect of inaction following report of completed reclamation. If no written response as required by Section 16.135(22)(c) for an area of the mine site reported as reclaimed or interim reclaimed is given within sixty (60) days of receiving such request, any annual fee paid to Village of Belleville for it under Section 16.135(21) shall be refunded.

(23)

Permit termination. When all final reclamation required by a reclamation plan conforming to Section 16.135(8) and required by this chapter is certified as complete pursuant to Section 16.135(23), the Village of Belleville shall issue a written statement to the operator of the non-metallic mining site, thereby terminating the reclamation permit.

(24)

Enforcement: right of entry and inspection. For the purpose of ascertaining compliance with the provisions of Subchapter I of Chapter 295, Wis. Stats., Ch. NR 135, Wis. Adm. Code, or this chapter, any authorized officer, agent, employee or representative of Village of Belleville may inspect any non-metallic mining site subject to this chapter as provided in Section 295.17(1), Wis. Stats., and Section NR 135.42, Wis. Adm. Code.

(25)

Enforcement: orders and citations.

Enforcement orders. The Village of Belleville may issue orders as set forth in Section 295.19(1)(a), Wis. Stats., to enforce Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wis. Adm. Code, this chapter, a permit issued pursuant to this chapter, or a reclamation plan required by Section 16.135(8) and a permit issued under this chapter. A violation of this chapter, an order or permit issued pursuant to this chapter, or a reclamation plan required by Section 16.135(8) and a permit issued under this chapter shall be considered a violation of Subchapter I of Chapter 295, Wis. Stats., and Chapter NR 135, Wis. Adm. Code.

Special orders. The Village of Belleville may issue a special order as set forth in Section 295.19(1)(b) and (c), Wis. Stats., suspending or revoking a non-metallic mining reclamation permit pursuant to Section 16.135(18) or directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wis. Adm. Code, or this chapter until the necessary plan approval is obtained.

Review of orders. An order issued under Sections 16.135(25)(a) or 16.135(25)(b) may be reviewed as provided in Section NR 135.43(2), Wis. Adm. Code.

Citations. The Village of Belleville may issue a citation under Section 66.0113, Wis. Stats., and Section 1.08 of this Code to collect forfeitures or require any action needed to enforce Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wis. Adm. Code, this chapter, a permit issued pursuant to this chapter, or a reclamation plan required by Section 16.135(8) and a permit issued under this chapter. The issuance of a citation under this section shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this section.