Single-family dwellings, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."

Manufactured homes complying with all of the following requirements and limitations:

One private garage with not more than three stalls for each residential parcel.

Accessory uses and buildings as follows (see also Article X):

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

Foster family home.[1]

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations, and equipment housings relative thereto and provided there is no service garage or storage yard. This regulation, however, shall not include microwave radio relay structures unless and until the location thereof shall first have been approved by the Village under the provisions of this Zoning Code, or those utility structures incompatible with the characteristics of the district.

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Community living arrangements and day-care centers which have a capacity for nine or more persons.

Bed-and-breakfast establishments.

Churches and public and parochial schools.

Public buildings, except sewage disposal plants, garbage incinerators, and buildings for the repair or storage of road or maintenance equipment. Public uses include fire and police structures, community centers, libraries and museums.

Parks and playgrounds.

Planned residential developments.

Golf courses and private clubs.

Barbering and beauty culture.

Sewage disposal facilities.

Nursery schools.

Hospitals and medical clinics.

Cemeteries.

Lot.

Building height: maximum 35 feet.

Setbacks (principal structure).

Setbacks (accessory structures).

Building size: minimum ground floor area per dwelling shall be not less than 960 square feet for a one-story dwelling and not less than 720 square feet for dwellings having more than one story.

Lot coverage: 25% (principal and accessory structures).

Corner lots. Corner lots which were in existence prior to July 12, 2017, or the effective date of this provision (whichever is later) may have no less than a fifteen-foot setback on one street side if granted a conditional use permit.

Lot.

Building height: maximum 35 feet.

Setbacks (principal structure).

Setbacks (accessory structures).

Building size: minimum ground floor area per dwelling shall be not less than 720 square feet for a one-story dwelling and not less than 650 square feet for dwellings having more than one story.

Setback averaging. In this district, where a lot is located between two lots, each of which has a principal building located thereon, the street yard requirement on such lot shall not be less than the average front yard established by the adjacent existing principal structures.

Nonconforming structures. In the R-1-M District, existing principal structures may be rebuilt or reconstructed to the preexisting building profile.

Lot coverage: 30% (principal and accessory structures).

Corner lots. Corner lots which were in existence prior to July 12, 2017, or the effective date of this provision (whichever is later) may have no less than a fifteen-foot setback on one street side if granted a conditional use permit.

Single-family and two-family dwellings.

Split two-family dwellings (zero lot line), provided that the yard and space requirements and building height limits shall be as specified in Subsection D, except as specifically provided below:

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

Foster family home.[1]

Accessory uses and buildings as follows:

Private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations, and equipment housings relative thereto and provided there is no service garage or storage yard. This regulation, however, shall not include microwave radio relay structures unless and until the location thereof shall first have been approved by the Village under the provisions of this Zoning Code, or those utility structures incompatible with the characteristics of the district.

Uses permitted in the R-1-M District.

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.

Lot.

Building height: maximum 35 feet.

Setbacks (principal structure).

Setbacks (accessory structures).

Lot coverage by buildings: maximum lot coverage by a main building and all accessory buildings: 30%; 30% on twin home lot.

Minimum floor area required.

Corner lots. Corner lots which were in existence prior to July 12, 2017, or the effective date of this provision (whichever is later) may have no less than a fifteen-foot setback on one street side if granted a conditional use permit.

Multifamily dwelling having two to four dwelling units.

Uses permitted in the R-2 District.

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.

Same conditional uses as in the R-2 District.

Mobile home parks.

Hotels and motels when located within 500 feet of any commercial district, provided no other business shall be conducted therein except that which is for the service and convenience of the guests thereof.

Lodges, noncommercial in nature.

Lots.

Setbacks (principal structure).

Setbacks (accessory structures). Accessory building setbacks shall be the same as prescribed in § 635-17D(4).

Building height. 45 feet maximum.

Lot coverage by buildings: maximum lot coverage by a main building and all accessory buildings: 35% of lot area.

Minimum floor area required.

Corner lots. Corner lots which were in existence prior to July 12, 2017, or the effective date of this provision (whichever is later) may have no less than a fifteen-foot setback on one street side if granted a conditional use permit.

Two-family dwellings (duplex).

Multifamily dwellings.

Private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.

Uses permitted in the R-3 District.

Parks and playgrounds.

Planned residential developments.

Golf courses and private clubs.

Sewage disposal facilities.

Schools and churches.

Public buildings, except sewage disposal plants, garbage incinerators, and buildings for the repair or storage of road or maintenance equipment. Public uses include fire and police structures, community centers, libraries and museums.

Nursery schools.

Retirement homes.

Conditional uses permitted in the R-3 District.

Lot.

Setbacks (principal structure).

Setbacks (accessory structures).

Building height: maximum 45 feet.

Lot coverage. The above grade area occupied by the principal building, accessory buildings and parking stalls shall not exceed 50% of the total lot area.

Corner lots. Corner lots which were in existence prior to July 12, 2017, or the effective date of this provision (whichever is later) may have no less than a fifteen-foot setback on one street side if granted a conditional use permit.

One- and two-family dwellings.

Retail stores and shops and small service businesses such as:

Advertising signs and bulletin boards pertaining to the name and use of the property on which located.

Offices and office buildings for business and professional firms, including banks, medical and dental offices, and public utility offices.

Automobile display and sales rooms, parking lots and structures and when accessory thereto, the retail sale of automobile parts and accessories and the washing, cleaning, greasing and servicing of automobiles, including minor adjustments and repairs, but not major repairs, overhauling, rebuilding, demolition or spray painting.

Cleaning, dyeing and laundry pickup stations; self-service laundries and cleaning shops.

Bakeries, confectioneries, ice cream and soft drink shops.

Restaurants, but with no selling or serving of alcoholic beverages.

Clubs, lodges, meeting rooms, with seating capacities for fewer than 300 persons.

Hotels and motels.

Drive-in restaurants and refreshment stands.

Gasoline/service stations.

Radio (AM or FM) or television broadcasting stations and transmitters, and microwave radio relay or other telecommunications structures.

Self-storage facilities.

Liquor stores.

Other retail stores and shops, and small service businesses catering to neighborhood patronage, including only those deemed to be as appropriately located in C-1 Districts as those enumerated above, and only those not dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare and not impairing the use, enjoyment or value of any property.

Day-care center

Lots.

Setbacks (principal and accessory structures).

Lot coverage by buildings. Same as in the corresponding residential districts for a dwelling.

Minimum floor area required. Same as in the corresponding residential districts for dwellings.

Building height limit: 35 feet maximum.

Retail stores and shops and small service businesses such as:

Advertising signs and bulletin boards pertaining to the name and use of the property on which located.

Offices and office buildings for business and professional firms, including banks, medical and dental offices, and public utility offices.

Automobile display and sales rooms, parking lots and structures and, when accessory thereto, the retail sale of automobile parts and accessories and the washing, cleaning, greasing and servicing of automobiles.

Cleaning, dyeing and laundry pickup stations; self-service laundries and cleaning shops.

Bakeries, confectioneries, ice cream and soft drink shops.

Restaurants, but with no selling or serving of alcoholic beverages.

Clubs, lodges, meeting rooms.

Storage facilities except in the I-94 corridor.

Motels, hotels, and ride share lots.

Drive-in restaurants and refreshment stands.

Bars, taverns, liquor stores, microbrewing and restaurants with alcohol.

Gasoline/service stations.

Commercial recreation uses.

Radio (AM or FM) or television broadcasting stations and transmitters, and microwave radio relay or other telecommunications structures, except within the I-94 corridor.

Other retail stores and shops, and small service business catering to neighborhood patronage, including only those deemed to be as appropriately located in C-1-H Districts as those enumerated above, and only those not dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare and not impairing the use, enjoyment or value of any property.

Self-storage facilities.

Day-care center.

Multifamily residential dwelling units (four units or more) in conjunction with and using the Planned Unit Development ( PUD) Overlay District.

Setbacks (principal and accessory). Buildings and uses, except automobile parking and loading spaces, driveways, essential services, walks and planting spaces, shall not be closer to any street line than 50 feet nor closer to any alley or to a side or rear line of any other district, or to any required planting strip than 40 feet.

Screen planting. A screen planting strip not less than 15 feet in width shall be provided along all boundaries that adjoin residential districts except streets. Such strips shall be so planted with varieties of trees and shrubs as to assume rapid growth and density of foliage for screening the development from the adjoining residential districts.

Building height limit: 35 feet maximum, except 100 feet maximum within the I-94 corridor.

Uses permitted in C-1 Districts, provided that no dwelling or dwelling units are permitted without conditional use permits.

Bakeries and candy making.

Bars, taverns, nightclubs.

Boat and mobile home sales rooms and lots.

Cleaning and dyeing plants.

Department stores.

Engraving, photoengraving, photofinishing, lithographing, printing, publishing and bookbinding plants.

Household equipment repair shops.

Laboratories, medical, dental and optical; other laboratories of nonhazardous or inoffensive operations when accessory to permitted uses.

Laundries.

Music conservatories, dancing studios.

Paint shops, including sign and other painting.

Repair garages and shops for motor vehicles, including parking, storage, repair, maintenance and washing of vehicles and parts, but excluding sand or steam cleaning and manufacture of vehicles or parts.

Tire repair shops.

Used car, farm implement sales lots.

Hotels, motels.

Bottling works, bottling nonalcoholic beverages.

Bottled gas storage for local distribution.

Bus, taxi and truck terminals, and storage; railroad lines, spurs and passenger terminals.

Dairies, ice cream plants.

Drive-in restaurant, refreshment stands.

Gasoline/service stations.

Hatcheries.

Ice plants, cold storage plants.

Mortuaries.

Dwellings, including single family, two family, or multiunit, provided a minimum of 50% of the main floor square footage facing the primary street, and including the building's street frontage facade remains commercial. For purposes of this use, dwelling does not include boarding or lodging houses, motels, hotels, tents, cabins, mobile homes or any other temporary housing.

Shops for the following and similar occupations: blacksmith, mason, tinsmith.

Warehouses.

Vocational and trade schools.

Other retail or wholesale and service uses considered to be as appropriate and desirable for inclusion with a C-2 District as those permitted above, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of another property, but not including any uses excluded hereinafter.

Rooftop radio (AM or FM) or television broadcasting stations and transmitters, and microwave radio relay or other telecommunications structures.

Microbrewery.

Day-care center.

Any use only permitted in the I-1 District.

Junkyards.

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses.

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or because of subjection of life, health or property to hazard.

Setbacks.

Lot width: 40 feet minimum.

Building height limit: 75 feet, but not exceeding 45 feet on any portion of a lot less than 20 feet distant from any portion of a lot in any R-1-L, R-1-M, R-2, R-3, R-4, C-1 or C-1-H District.

Medical, health, and wellness uses such as:

Health and wellness uses such as:

Medical education facilities.

Medically related housing uses such as:

Commercial uses catering primarily to the needs of medical employees, patients, patient's families, clients, and residents, such as:

Emergency service facilities such as fire, police, ambulance, heliports, and helipads.

Multilevel parking facilities.

Campus facility support services, such as:

Accessory uses and buildings as follows:

Advertising signs and bulletin boards pertaining to the name and use of the property on which located.

Hotels and motels.

Day-care centers not attached to a hospital building.

Behavioral health facilities not attached to a hospital building.

Substance abuse treatment facilities not attached to a hospital building.

Halfway houses.

Manufacturing of medical products.

Skate park.

Restaurants that serve alcohol.

Radio or television broadcasting stations and transmitters, and microwave radio relay or other telecommunications structures, except within the 1-94 corridor.

Storage facilities, except in the 1-94 corridor.

Other retail stores and shops, and small service business catering to neighborhood patronage, including only those deemed to be as appropriately located in mixed-use medical districts as those enumerated above, and only those not dangerous or otherwise detrimental to persons residing or working in the vicinity thereof or to the public welfare and not impairing the use, enjoyment or value of any property.

Lots.

Setbacks (principal and accessary structures).

Building height limit: same as in the corresponding residential districts for a dwelling and buildings containing dwelling units; 100 feet otherwise.

Lot coverage: same as in the corresponding residential districts for a dwelling and buildings containing dwelling units; none otherwise.

Minimum floor area required: same as in the corresponding residential districts for a dwelling and buildings containing dwelling units; none otherwise.

Uses permitted in C-2 District, except any of a religious, educational, charitable or medical nature, and except any dwelling or lodging place for either permanent or tourist accommodations, provided that a dwelling for a watchman or caretaker employed on the premises, and his/her family, is permitted.

Industrial-type uses consisting of manufacturing, processing, assembling, storing, distributing and transporting of materials, goods and foodstuffs, provided none of the types in Subsection B below shall be permitted without a conditional use permit.

Governmental-type uses, such as public works and/or highway department facilities or other governmental uses considered to be appropriate and desirable for inclusion in the I-1 District.

Auto wrecking, junk or scrap yards, or the baling of junk, scrap or rags.

Bag cleaning.

Distillation of bones, coal, tar, petroleum, refuse, grain or wood.

Garbage, offal, dead animal or fish reduction or dumping or other waste dumping.

Forge plants, foundries.

Flammable gases or liquids, refining or manufacture thereof, or tank farm storage.

Refining of petroleum, refining or smelting of ores.

Sawmills, planing mills.

Steam power plants.

Stockyards or slaughter of animals or poultry.

Stone quarries, gravel pits, stone cutting and crushing, washing and grading of stone, gravel and sand.

Sugar refining.

Tanneries.

Wool pulling or scouring.

Manufacture of: acetylene; acid; alcohol or alcoholic beverages; ammonia; bleaching powder; chlorine; chemicals; soda or soda compounds; kiln-made brick, pottery, terra cotta or tile; candles (except by hand); cement, gypsum, lime or plaster of paris; disinfectants; dyestuffs; emery cloth or sandpaper, explosives or fireworks (or storage of same); exterminators or insect poisons; fertilizers; glass; glue or size; gelatin; grease, lard or tallow (manufactured or refined from animal fat); illuminating or heating gas (or storage of same); lamp black; matches; linoleum, linseed oil, paint, oil shellac, turpentine or varnish (except mixing only); oilcoth or oiled products; paper or pulp pickles; sauerkraut or vinegar; plastics; potash products, rayon or similar products; rubber or gutta percha products (or treatment of same); shoddy, shoe polish; soap (other than liquid soap); soybean products, starch, glucose or dextrin; stove polish; tar roofing or waterproofing or other tar products; chewing tobacco (or treatment of tobacco); yeast.

Any other use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or because of subjection of life, health or property to hazard.

Radio (AM or FM) or television broadcasting stations and transmitters, and microwave radio relay or other telecommunications structures.

Day-care center.

Self-storage facilities (also known as "mini-storage)", except in the I-94 Corridor and except in the Baldwin Industrial Park (which is a part of current TIF District 5) and the I-94 Industrial Park (which is a part of current TIF District 7).

Setbacks.

Lot width: 100 feet.

Building height limit: 100 feet, but not exceeding 45 feet in any portion of a lot less than 20 feet distant from any portion of a lot in any other district.

Management of sustained-yield forestry, wildlife and fish.

Harvesting of wild crops such as marsh hay, ferns, moss, berries, fruit trees and tree seeds.

Hunting, fishing and trapping subject to pertaining Village ordinances controlling these activities.

Facilities and structures for drainage, flood control, hydroelectric power, power transmission, ponding, conservation, erosion control, reclamation, fire prevention.

Bicycle and hiking trails.

Parks and natural recreation areas.

Uses similar or customarily incident to any of the above uses.

Sewage disposal plants; water pumping, processing and storing facilities.

Gravel pits, stone quarries and washing and grading of products.

Fuel transmission lines and related facilities.

All buildings and structures in this district are conditional uses and subject to the provisions of Article IV.

Maximum height: 35 feet.

Minimum side yard, minimum front yard setback, minimum rear yard setback. All shall be 25 feet, except where it directly abuts a single or multizoned residential land, in which case a fifty-foot setback shall be required.

Location and dimension of property boundaries.

Location, size and number of parking spaces.

Location, size, use, entrances and exits of all buildings.

Elevations and contours sufficient to show topographic features and drainage patterns.

Distances between buildings, between buildings and property lines, and between buildings and other improvements on the site including walks, parking areas and site structures.

Location and width of all drives and roadways on the site.

Drainage of surface water within the site, including parking lots and street grades, and the size, slope, depth and location of drainage and erosion control pipes and structures.

The PUD Planned Unit Development Overlay District under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while, at the same time, maintaining insofar as possible the land use density and other standards or use requirements as set forth in the underlying basic zoning district.

Uses permitted in a Planned Unit Development Overlay District shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.

The following are permitted in a PUD District, provided that no use shall be permitted except in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as hereinafter set forth:

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

Economic feasibility and impact. The proponents of a PUD application shall provide the Village satisfactory evidence of its economic feasibility, proof by the proponents of available adequate financing, and that the PUD would not adversely affect the economic prosperity of the Village or the values of surrounding properties.

Engineering design standards. The width of street right-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 be based upon a determination of appropriate standards necessary to implement the specific function in the specific situation. In no case shall standards be less than those necessary to assure the public safety and welfare as determined by the Village.

Preservation and maintenance of open space. Adequate provision shall be made for the permanent preservation and maintenance of common open space by private reservation.

Implementation schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the plan to the satisfaction of the Village, including suitable provisions for assurance that each phase will be brought to completion in a manner which will not result in any adverse effect upon the community as a result of termination at that point.

Generally. The procedure for initiating a PUD District shall be the same procedure used with other types of rezonings, unless otherwise prescribed by this section. Rezoning would occur concurrently with the approval of the general development plan.

General development plan. The applicant shall submit a general development plan to the Village Clerk-Treasurer. The general development plan shall include the following information:

Submission of plan and fee. The applicant shall submit a specific implementation plan to the Plan Commission within 12 months after having been granted an approval of the general development plan and rezoning to a PUD District classification. The applicant shall pay required fees and all costs incurred by the Village in checking and processing such plans. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed specific implementation plan.

General development plan. If a specific implementation plan which the Plan Commission determines to be a reasonable phase of the total plan has not been submitted within such time, the developer shall be required to resubmit a general development plan which is subject to all the requirements of this section.

Information required. The specific implementation plan submitted to the Plan Commission shall include the following detailed construction and engineering plans and related documents and schedules:

Approval of the specific implementation plan.

Approval of plan. Upon approval of the specific implementation plan, the following shall be recorded in the County Register of Deeds office by the landowner within 60 days of approval:

Intent. Residents in the Village of Baldwin depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this WHP District is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields and to promote the health, safety and general welfare of the residents of the Village of Baldwin.

Statutory authority. The Wisconsin Legislature authorizes villages to enact these regulations pursuant to §§ 62.23(7)(a) and (c) and 61.35, Wis. Stats. Under these statutes, the Village has the authority to enact this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.

Applicability. The regulations specified in this WHP District shall apply within the Village's corporate limits.

Fifty feet between a well and stormwater sewer main.

Two hundred feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Safety and Professional Services (hereafter "Commerce") or its designated agent under Ch. SPS 310, Wis. Adm. Code.

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Safety and Professional Services or its designated agent under Ch. SPS 310, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

Zone 1. Identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone 1 is comprised of a circle with a diameter of 2,400 feet with the municipal well at its center. Zone 1 is more restrictive than Zones 2 or 3.

Zone 2. Identified as a secondary source of water for the municipal wells because of its location in the Wellhead Protection Management Area and its location in the area identified as the five-year-time-of-travel area, meaning that area within which contamination would reach the Village well within a period of five years. Zone 2 is less restrictive than Zone 1, but more restrictive than Zone 3.

Zone 3. Identified as that portion of the Wellhead Protection Management Area which excludes those areas within Zone 1 and Zone 2:

Mapping. The location and boundaries of the zoning districts established by this section are set forth on the attached Exhibit "A" on file with the Clerk-Treasurer, which is incorporated herein and hereby made a part of this chapter. This map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

Review of applications. The Village of Baldwin Plan Commission shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District and make recommendations thereon to the Village Board. All determinations shall be made by the Village Board within 60 days of any request for approval; provided, however, that this sixty-day-period of limitation may be extended by the Village Board for good cause as determined in its sole and absolute discretion.

Review factors. Upon reviewing all requests for approval, the Plan Commission and Village Board shall consider all of the following factors:

Exemptions; conditional use requirement. Any exemptions granted will require a conditional use permit which may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The Village Board may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.

Applicant's responsibility for costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:

Certifications. Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.[1]

Monitoring. Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village of Baldwin, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

Equipment replacement. Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

Emergency contingency plans. Existing facilities shall have the responsibility of devising and/or filing with the Village of Baldwin a contingency plan satisfactory to the Village Board for the immediate notification of the appropriate Village of Baldwin officers in the event of an emergency.

Existing agricultural uses. Property owners with an existing agricultural use shall be exempt from requirements of this section as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of original passage of the section and this exemption shall not constitute a covenant running with the land.

Cease and desist; cleanup. In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing such release shall immediately cease and desist and provide cleanup satisfactory to the Village of Baldwin.

Cleanup costs. The individual/facility shall be responsible for all costs of cleanup and any Village of Baldwin consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:

Additional monitoring. Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsection G herein.

Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this section.

Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $500 nor more than $1,000 plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or in the alternative shall have such costs added to his or its real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate violation.