This article contemplates an administrative and enforcement officer, the zoning administrator, to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this zoning article require review and action by the village board. A zoning board of appeals is provided to ensure proper administration of this article and to avoid arbitrariness.

(Code 2003, § 13-1-170)

(a)

The building inspector is designated as the primary administrative officer for the provisions of this article, and shall be referred to as the zoning administrator.

(b)

The zoning administrator shall be appointed by resolution of the plan commission. If none is appointed, the village administrator-clerk shall serve as the zoning administrator. The duty of the zoning administrator shall be to interpret and administer this article and to issue all permits required by this article. The zoning administrator shall further:

(c)

Issue all building and zoning permits, and make and maintain records; which records shall be maintained in the village hall.

(d)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this article.

(e)

Maintain permanent and current records of this article, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore.

(f)

Provide and maintain a public information function relative to all matters arising out of this article.

(g)

Receive, file and forward to the village administrator-clerk all applications for amendments to this article.

(h)

Receive, file and forward to the plan commission all applications for conditional uses.

(i)

Receive, file and forward to the zoning board of appeals all applications for appeals, variances, or other matters on which the zoning board of appeals is required to act under this article, and shall attend all zoning board of appeals meetings to provide technical assistance when requested by the village board.

(j)

Initiate, direct and review from time to time a study of the provisions of this article, and make recommendations to the plan commission not less than once a year.

(Code 2003, § 13-1-171)

(a)

Plan commission. The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the village board, other public officials and other interested organizations and citizens. In general, the plan commission shall have the powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this article, one of its functions is to make recommendations to the village board pursuant to guidelines set forth in this article as to various matters and always being mindful of the intent and purposes of this article. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

(b)

Village board. The village board, the village board of the village, subject to recommendations by the plan commission, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map; and to amend the text of this article. The board may delegate to the plan commission the responsibility to hold some or all public hearings as required under this subchapter and other provisions therefore elsewhere in this article.

(c)

Zoning board of appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this article.

(Code 2003, § 13-1-172)

(a)

Building and zoning permit required. No building shall be erected, moved, constructed, placed, altered, enlarged, or razed without first obtaining a building and zoning permit unless otherwise exempted by subsection (c) of this section. Applications for a building and zoning permit shall be made in duplicate to the zoning administrator on forms furnished by the village.

(b)

Application. Applications for a building and zoning permit shall be made to the zoning administrator and shall include the following where pertinent and necessary for proper review:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing the of the following as may be required by the plan commission or zoning administrator: the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; public utilities; off-street parking, loading areas and driveways; existing highway access restrictions; high water; channel, floodway and floodplain boundaries; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Additional information as may be required by the zoning administrator or village officials.

(5)

Existing signs and other design standards.

(6)

Certificate of compliance.

(c)

Foundation survey required. Any person erecting, moving, enlarging, or reconstructing a structure which, under this article, requires a building permit, shall upon completion of the construction of footings, concrete slab, or other foundations submit to the building inspector a plat of survey prepared by a registered land surveyor showing the locations, boundaries, dimensions, elevations, and size of the following: The boundaries of the lot and all existing structures (including foundations) and their relationship to the lot lines. The building inspector shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the building permit application. No further construction may commence unless the building inspector shall find that the foundation location is consistent with the building permit application and shall so certify in writing. The building board may waive this requirement for accessory structures or additions not exceeding 150 square feet in area.

(d)

Action.

(1)

A building and zoning permit shall be granted or denied in writing by the zoning administrator within 30 days of application and the applicant shall post the permit in a conspicuous place at the site.

(2)

The permit shall expire within six months unless substantial work has commenced or within 12 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the application shall reapply for a building and zoning permit before commencing work on the structure.

(3)

Any permit issued in conflict with the provisions of this article shall be null and void.

(Code 2003, § 13-1-173)

(a)

No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or moved, or a change in use created for; and no nonconforming use shall be maintained, renewed, changed, or extended until an occupancy permit shall have been issued by the building inspector. The occupancy permit shall show that the building or premises or part thereof is in compliance with the provisions of this article. The occupancy permit shall be applied for at the time of occupancy of any land or building.

(b)

No land within the floodland districts shall be developed, occupied or used, and no structure erected, altered, or moved shall be occupied until the applicant submits to the building inspector a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this article have been fully complied with. The certification shall include the first floor and basement floor elevations of any structure erected on the site.

(c)

No building in any district shall have the use changed without the issuance of a new occupancy permit by the building inspector. No building used for business or industrial purposes shall be occupied by a new tenant or a new owner without the issuance of a new occupancy permit by the building inspector. The occupancy permit shall show that the building or premises has no visual violations of any provisions of this article, the uniform dwelling code, electrical code, fire prevention code and the plumbing code of the village and state. In multi-tenant buildings such as a shopping center or a multifamily residential building proposed to be constructed in stages, an occupancy permit may be issued for the part of the building that has been completed when the building inspector has determined that the occupancy of the partially completed building will not create a hazard to life and property. The occupancy permit for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner.

(d)

Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to section 54-650.

(e)

Upon written request from the owner, the building inspector may issue an occupancy permit for any building or premises existing at the time of adoption of this article, certifying, after inspection, the extent and kind of use being made of the building or premises and whether or not the use conforms to the provisions of this article.

(Code 2003, § 13-1-174)

(a)

Purpose. It is the intent and purpose of this section to establish a procedure which will enable the village to review certain proposed improvements to property within specified zoning districts of the village to ensure compliance with all applicable zoning, subdivision and design standard regulations.

(b)

Application. site plans will be required whenever any person proposes to place a structure or parking area greater than four parking spaces for which a building permit is required, except for one- and two-family dwellings. The village board, with consultation from the building board, shall adopt an official "site plan checklist", which will be available in the zoning administrator's and village administrator-clerk-clerk's office for any interested party to review. site plans for development of all properties other than single- and two-family dwellings must be submitted to the village and be drafted by a professional engineer (PE). All submitted site plans shall be reviewed by an engineer appointed by the village. A pre-application meeting between village staff, the developer, the owner of the property, and the developer's engineer is required before the site plan checklist can be submitted for building board review. A site plan must be submitted to the village administrator-clerk no later than five days before a building board meeting for it to be placed on the meeting agenda.

(1)

Required information. Each site plan shall contain the following information:

a.

A date of preparation, north point, scale, and the names of the engineers responsible for the design and surveyor for any maps, plats, or drawings.

b.

The legal description and address of the property to be developed or redeveloped.

c.

The existing and proposed zoning district, if different.

d.

Contours sufficient to show topology. Contours and all grades shall be referred to as U.S.G.S. benchmarks, with two foot intervals.

e.

A map showing existing physical features of the property, including any existing and proposed utilities, easements, reservations, water courses, culverts, bridges, and streets.

f.

The number, type and proposed use of buildings to be constructed.

g.

If any buildings are to be used for business purposes, the estimated number of employees.

h.

All exterior building elevation views.

i.

Required yard setbacks.

j.

Existing and proposed street information.

k.

Traffic circulation and parking plans, with photographs.

l.

A signage and lighting plan, which shall include existing features.

m.

The location of existing trees, bodies of water, and any areas subject to flooding.

n.

Proposed landscaping, screening and buffers.

o.

A map of the immediate vicinity.

p.

Plat of survey.

q.

The location of existing driveways within 100 feet of any proposed driveway location on both sides of the street.

r.

Fire detection and sprinkler systems, if required under division 2, article IV of chapter 14.

s.

A copy of the approved preliminary and final plats.

t.

For properties greater than one acre in size, a copy of an executed NPDES stormwater permit.

u.

The location of dumpsters or other refuse containers and their enclosures.

v.

The location of sidewalks or trails, if required.

w.

A stormwater management plan, as required by section 54-360.

x.

Plan copies and architectural elevations.

y.

Locations of any barriers used to screen loading docks, loading areas, outside storage areas and HVAC mechanical units from public streets.

(2)

Additional requirements.

a.

In addition to the required information listed in subsection (b)(1) of this section, all site plans shall be consistent with the village's comprehensive plan.

b.

At least five days prior to the building board meeting at which the site plan will be discussed, the original (in color) and ten plan copies and architectural elevations, as required by subsection (b)(1)x of this section, shall be delivered to the village hall.

(c)

Development requirements. The requirements set forth in this section for yards and setbacks, landscaping; parking and architectural standards shall apply to any development or redevelopment.

(1)

Yard space required. Each site plan shall meet the minimum setback and yard requirements for the applicable zoning district as set forth in chapter 54. The yard space is unencumbered with any structure, or off-street parking or roadways and drives, and shall be landscaped and maintained with grass, trees and shrubbery. If only a portion of a lot is proposed to be developed, only that portion of the lot shall be considered when determining the required yard space. Each principal building of an apartment or office complex on the same site shall be separated from any other principal building in the complex by a yard space of not less than 16 feet.

(2)

Landscaping required. Each site plan shall provide for the following minimum number, type and size of landscape plantings. The minimum landscaping requirements shall be based on the minimum applicable setback and yard requirements for the development, as set forth in subsection (c)(1) of this section. Street trees planted in a public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be acceptable to the village, including, but not limited to, those set forth in section 30-249(h). Landscaping plants must not consist of species that are considered a nuisance or undesirable species, such as trees with thorns, cottonwood or cotton-bearing poplars, elm trees prone to Dutch Elm disease, box elder, silver maple, and any other tree or shrub prohibited under section 30-249. Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements. Specific types of trees may be requested by the village in order to create a theme or a more uniform appearance. Evergreen trees less than six feet in height may not be counted toward the landscaping requirement.

a.

Minimum tree requirements at the time of planting. Two trees, or one tree of the following size per 1,500 square feet of yard space, whichever is greater:

b.

Minimum shrub requirements at the time of planting. Six shrubs, or one shrub per 5,000 square feet of yard space, whichever is greater. For the purposes of this section, shrubs shall be defined as a woody plant of relatively low height, having several stems arising from the base and lacking a single trunk.

c.

To reduce erosion, all disturbed yard space areas shall have a ground cover of grass or native vegetation that is installed as sod, or seeded, fertilized and mulched.

(3)

Buffer required. The following conditions shall require a buffer which shall be a landscaped area, wall, or other structure intended to separate and obstruct the view between two adjacent zoning districts, land uses or properties:

a.

Any R-3 district, B-1 district, and all M districts which abut any R-1 or R-2 district shall require a buffer as described in this section.

b.

All M districts which abut any R-3 and all B-1 districts shall provide a buffer as required by this section; however, if the use proposed within the M district is a use permitted in the adjoining district, the requirement of a buffer may be waived by the village board after a recommendation from the building board.

c.

Any lot for a single-family or two-family dwelling in any zoning district having both its front and rear lot lines abutting a public thoroughfare (a double frontage lot) shall be buffered with a landscape buffer adjoining the thoroughfare from which no access is planned or permitted.

d.

Any storage area, garbage storage, junk storage, loading docks, or loading areas in any district shall be screened from public street view by a buffer.

(4)

Buffers. Buffers required under the provisions of this section or elsewhere in the zoning chapter shall be accomplished by any one or approved combination of the following methods:

a.

Buffer wall. A buffer wall shall not be less than six feet in height; constructed of a permanent low maintenance material including, but not limited to, concrete block, cinder block, brick, concrete, pre-cast concrete, and tile block; the permanent low-maintenance wall shall be designed by an architect or engineer for both structural adequacy and aesthetic quality; weather resistant wood may be used as a substitute material if designed with adequate structural integrity and permanency and approved by the building board and village board.

b.

Landscape buffer. A landscape buffer shall not be less than one-third the width of the required rear setback, designed and landscaped with earth berm and predominant plantings of evergreen type trees, shrubs and plants so as to ensure year around effectiveness; height of berm and density and height of plantings shall be adequate to serve as a solid and un-penetrable screen. A vinyl coated chain link fence may exist for security purposes, but is not considered a part of the landscape screening to satisfy the intent of this requirement.

c.

Burden of provision of buffer. The burden of provision and selection of the buffer shall be as follows:

1.

No buffer shall be required under subsection (c)(3) of this section, if the properties in the neighboring zoning districts are already developed. For these property owners, the buffer requirement shall not be retroactive. If a buffer is desired, however, it shall be provided by mutual agreement between property owners. However, in the event that any or all of the improved property is abandoned, destroyed or demolished for the purpose of renewal or redevelopment, that portion of the property being renewed or redeveloped shall be considered vacant and subject to the buffer requirements herein.

2.

Where one of two different zoning districts requiring a buffer between them is partly developed, the developer of the vacant land shall assume the burden, unless otherwise specified herein.

3.

Where both zoning districts, requiring a buffer between them, are vacant or undeveloped, the burden shall be assumed by the developer of the land that is improved or developed first, except for agricultural uses and unless otherwise specified herein.

4.

Waiver of buffer requirements. Where the line between two districts requiring a buffer follows a street, right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived by the building board, provided the waiver does not permit the exposure of undesirable characteristics of land use to public view.

(5)

Surfacing requirements.

a.

All off-street parking and loading areas and access roadways shall have a durable and dustless surface paved with asphaltic or Portland cement concrete in accordance with the specifications as herein set forth. Off-street parking of automobiles, vans, campers, trucks, trailers, tractors, recreational vehicles, boats, construction equipment, and any other mobile vehicles equipped for street and highway travel shall be on an asphaltic or Portland cement concrete paved area as required herein and not parked or stored within the landscaped yard space area between the building and public street right-of-way.

b.

All off-street parking areas and associated driveways, access roadways and frontage roads, except driveways for single- and two-family residences, shall be constructed with permanent, integrally-attached six inch high curbing, or curbing of alternate height acceptable to the village (prefabricated portable curb stops shall not be considered an acceptable alternate), and shall be so graded and drained as to dispose of all surface water accumulation within the area; and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles. The curbing requirements may be waived if it is determined that surface drainage can be adequately handled by other means.

c.

The minimum thickness of pavement of the parking area shall be as follows:

1.

Portland cement concrete shall have a minimum thickness of five inches and the subgrade shall have a minimum subgrade modules (k) of 150. Additional thickness of Portland cement concrete may be utilized to create an equivalent subgrade modules if the existing subgrade modules is less than 150.

2.

Asphaltic cement concrete shall have a minimum thickness of five and one-half inches and the subgrade shall have a minimum California Bearing Ratio (CBR) of five.

3.

Additional thickness of asphaltic cement concrete may be utilized to create an equivalent CBR if the existing CBR is less than five. Pavement shall be designed in accordance with the Asphalt Institute's "Thickness Design Manual" (MS-1).

4.

Material utilized in the subgrade shall be well drained and not susceptible to frost boils. The part of the parking area utilized for driveways and access roadways shall be specifically designed to accommodate the type and load bearing capacity of traffic anticipated.

5.

Driveways for individual single- and two-family detached or attached townhouse style residences on private property shall be Portland concrete or asphaltic cement concrete with minimum thickness of five inches and five and one-half inches, respectively, with a sufficiently compacted and well-drained subgrade base and not greater than 18 feet in width of the right-of-way.

d.

Landscaping, screening and open space requirements. It is desired that all parking areas be aesthetically improved to reduce obtrusive characteristics which are inherent to their use. Therefore, wherever practical and except for single- and two-family detached and townhouse style residential parking in driveways, parking areas shall be effectively screened from general public view and contain shade trees within parking islands where multiple aisles of parking exist. Not less than five percent of the interior parking area shall be landscaped within parking islands.

e.

Off-street parking access to public streets and internal traffic circulation.

1.

Off-street parking or loading facilities shall be designed so as to permit entrance and exit by forward movement of the vehicle for all uses, except single- and two-family dwellings, which shall be permitted backward movement from a driveway. The backing or backward movement of vehicles from a driveway, off-street parking or loading area onto a major thoroughfare, including all thoroughfares designated as arterial streets or major collector streets on the official map shall be prohibited for all occupancies approved after the effective date of this article. Driveway approach returns shall not extend beyond the side lot line as extended, unless the driveway is of joint usage by the adjoining lots, and driveway approaches at roadway not greater than 24 feet for single family detached and townhouse residential dwellings, and 37 feet for multifamily, nonresidential uses and multiple building complexes.

2.

The number of ingress/egress access points to public streets from off-street parking areas shall be approved by the village engineer and shall located to limit vehicular conflicts, provide acceptable location of driveway accesses to public streets, preserve proper traffic safety and, where possible, not impair movement of vehicular traffic on public streets. The permitted number of ingress/egress driveway approaches to public streets for an off-street parking lot shall be dependent upon the projected future average daily traffic (ADT) for the public street and, as possible, public street accesses shall be located in alignment with driveway approaches gaining access to the same public street from property on the opposite side of the street. The design of off-street parking and loading facilities shall provide traffic circulation for the internal forward movement of traffic within the parking lot, so designed, as not to impair vehicular movement on public streets, or backing of vehicles from an off-street parking or loading area to a public street.

f.

Handicap accessible parking requirements. Provision of handicapped parking spaces within off-street parking areas shall be in accordance with applicable federal, state and local regulations, properly identified with signage and provided with accessible ramps and walks in accordance with federal and state regulations, and comply with the following parking space minimum requirements:

Access space or aisle adjacent to handicap accessible parking space shall be a minimum five feet wide. One in every eight handicap accessible spaces, but not less than one, shall be served by an access space or aisle eight feet wide minimum and shall be designated "van accessible."

g.

Traffic analysis requirements. Any project which contains 100 dwelling units or 1,000 average daily trips as listed for uses in the trip generation handbook; institute of transportation engineers, current edition, shall submit a traffic analysis which provides necessary information to determine the effect that the project will have upon the surrounding traffic. At a minimum, the traffic analysis shall contain project trip generation, directional distribution of project trips, traffic assignment, and capacity analysis, including identification of congestion and turning-movement conflicts.

h.

Architectural standards. As part of the submittal of a site plan for development within any of the zoning districts and for any of the uses except one- and two-family dwellings, architectural plans for buildings shall be submitted for review and approval by the building board. Documentation to be submitted shall include building elevations showing the building's design and a description of structural and exterior materials to be used, on all sides. The following standards shall be used by the village to review architectural plans:

1.

All zoning districts (Including R-1 and R-2): Adequate treatment or screening of negative aspects of buildings (loading docks, loading areas, outside storage areas, garbage dumpsters and HVAC mechanical units) from any public street and adjoining properties shall be required. Buildings shall be designed or oriented not to expose loading docks, or loading areas to the public.

2.

Multiple-family dwellings in all districts: Shall be designed and constructed in a manner that is compatible with the adjoining residential uses in the neighborhood. Multiple-family buildings with single plane walls or boxy in appearance, shall not be considered acceptable unless the use of exterior materials such as brick provides the elements necessary to enhance the building's physical appearance and eliminate any plainness of appearance.

3.

Nonresidential uses in R districts: Any building used for a permitted nonresidential use in an R district, shall be designed and constructed with architecture and use of materials compatible with the residential uses within the neighborhood. Buildings located on a residential street in an R district shall be residential in character, and exterior materials shall be wood, brick, stone or vinyl siding.

4.

All uses within any B-1 district: Buildings within any B-1 district shall be designed, having as a primary element of the building exterior: fascia glass, brick, concrete panels, textured concrete block, architectural steel, or stone panels with all sides of any building built consistent in design and use of materials. No wood, masonite, visible asphaltic exterior wall or roof material, aluminum or steel siding, non-architectural sheet metal, non-textured concrete block, stucco or other similar materials shall constitute a portion of any building except as a trim material, unless the village board, after receiving a recommendation from the building board, shall determine the material when used as a primary element, does not distract from the physical appearance of the building. The architectural design and use of materials for the construction shall be reviewed as part of any site plan.

5.

All uses within the M district: The use of appropriate exterior materials to enhance the appearance of a building is encouraged by the village. The exclusive use of sheet metal as an exterior building material shall not be considered acceptable for any facade facing public streets. The exterior material of the building's front elevation shall be comprised of brick, concrete panels, textured concrete block, architectural steel or stone panels, or other similar material. The architectural design and use of materials for the construction shall be reviewed as part of any site plan.

(d)

Review guidelines and appeals. The building board shall review the referred site plans at the first regular building board meeting following their submittal. The building board shall render a decision no later than the following regular building board meeting. The building board shall not approve any plans unless they find after viewing the application that the structure or use, as planned, will not violate the intent of this article or the principles set forth in subsection (c) of this section. The building board will approve the plans, and authorize the building inspector to issue a building permit, only after determining the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety. All decisions of the building board shall be made in writing and shall be filed with the village administrator-clerk.

(Code 2003, § 13-1-175; Ord. No. 06-10, § 2, 8-1-2006)

(a)

Permit revocation. If any permittee does not cease violations or comply with permit conditions within ten calendar days after being notified, the village administrator-clerk shall administratively revoke the permit.

(b)

Cease and desist order. If no permit has been issued and the landowner or land user fails to cease and remedy the noticed violations within ten calendar days, the village administrator-clerk may request the village attorney to obtain a cease and desist order from the circuit court.

(c)

Appeals. The zoning board of appeals may rescind a stop work order or a permit revocation following an appeal pursuant to article XVII of this chapter.

(d)

Penalties. Any person violating any of the provisions of this article shall, upon conviction, be subject to a forfeiture, which shall be as follows:

(1)

First offense; penalty. Any person who shall violate any provision of this article shall, upon conviction, forfeit not less than $100.00 or more than $1,000.00, together with the costs of prosecution. In default of payment, the court shall order in accordance with Wis. Stats. § 800.095 that the defendant be imprisoned until the forfeiture, assessments, surcharge and costs are paid, except that the defendant reduces the amount owed at a rate of at least $25.00 for each day of imprisonment, including imprisonment following an arrest but prior to the findings under this subsection, and the maximum period of imprisonment is 90 days. In addition to the procedures under this section, the village may enforce the judgment in the same manner as for a judgment in an ordinary civil action.

(2)

Second offense; penalty. Any person found guilty of violating any provision of this article who shall previously have been convicted of a violation of the same provision or ordinance within one year shall, upon conviction, forfeit not less than $200.00 or more than $1,000.00 for each the offense, together with costs of prosecution. In default of payment, the court shall order in accordance with Wis. Stats. § 800.095 that the defendant be imprisoned until the forfeiture, assessments, surcharge and costs are paid, except that the defendant reduces the amount owed at a rate of at least $25.00 for each day of imprisonment, including imprisonment following an arrest but prior to the findings under this subsection, and the maximum period of imprisonment is 90 days. In addition to the procedures under this section, the village may enforce the judgment in the same manner as for a judgment in an ordinary civil action.

(e)

Each day a violation. Each day a violation continues or exists shall constitute a separate offense.

(f)

Additional penalties. Nothing in this article shall be construed to preclude the village from maintaining any appropriate action to prevent or remove a violation of any provision of this article in addition to the penalties expressly provided for under this section.

(Code 2003, § 13-1-176)

Notice of any public hearing which the village board, village plan commission, or zoning board of appeals is required to hold under the terms of this article shall specify the date, time, and place of the hearing and shall state the matter to be considered at the hearing. Notice shall be posted in three public places likely to give notice to persons affected by the hearing at least 15 days prior to the hearing. The village board shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action and to all parties in interest.

(Code 2003, § 13-1-177)

(a)

Stormwater management requirements. No person shall proceed with any residential, commercial, industrial or institutional land use development or redevelopment, or with the division or subdivision of property, without providing appropriate stormwater management facilities that adequately control stormwater runoff from the development or redevelopment or subdivided property. A site-specific stormwater management plan must be submitted and approved by the village engineer before any required new stormwater management facilities are constructed, unless exempted or waived pursuant to the provisions of this section. An approved site-specific stormwater management plan is also required before an existing drainage system is relocated, deepened, widened, enlarged, filled, obstructed or otherwise altered in preparation for land use development and redevelopment or division or subdivision of property. The plan must be submitted and approved before any land use development and redevelopment is commenced or a land subdivision plat or certified survey map is approved and recorded.

(b)

MMSD regulations adopted; compliance.

(1)

Milwaukee Metropolitan Sewerage District Rules ("MMSD Rules") contained in chapter 13 on "Surface Water and Stormwater Runoff Management" (effective January 1, 2002) and all future amendments thereto are adopted by reference.

(2)

There shall be compliance with all applicable provisions contained in MMSD Rules chapter 13 as may be amended from time to time that pertain to stormwater runoff management and plan submittal requirements, in addition to the stormwater requirements of the village ordinances. This shall include, but not be limited to, plat approval under Wis. Stats. ch. 236 and this Code, construction site erosion control and post construction stormwater quality "best management practices" to abate pollutant runoff.

(3)

The village administrator-clerk shall have available a current copy of MMSD Rules chapter 13, which shall be open to public inspection.

(Code 2003, § 13-1-178)