A.
Purpose. In order to secure uniformity and compliance with Federal
Communications Commission rules (FCC 96-328) on over-the-air reception
devices implementing Section 207 of the Telecommunications Act of
1996, this section regulating the placement of signal-receiving antennas
and over-the-air reception devices is adopted to:
(1)
Provide uniform regulation where necessary of all signal-receiving
antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner
while allowing users reasonable reception of signals;
(3)
Preserve the integrity of historic preservation districts;
(4)
Protect the public from injury from roof-mounted antennas that are
inadequately mounted, unduly susceptible to wind pressure, improperly
installed and wired, or placed on structures insufficiently designed
or constructed to safely support the roof-mounted antenna; and
(5)
Provide for placement of such antennas in locations that preserve
access to rear property areas by firefighting apparatus and emergency
personnel.
B.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his/her interest. The personal representative of
at least one owner shall be considered an owner.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal-receiving antennas and over-the-air
reception devices, including, without limitation, parabolic antennas,
home earth stations, satellite television disks, UHF and VHF television
antennas, and AM, FM, ham and short-wave radio antennas, regardless
of the method of mounting.
C.
Limited permit requirement. Application for a signal-receiving antenna
permit shall be made in writing to the Zoning Administrator. With
such application, there shall be submitted a sufficient set of mounting
plans and specifications to allow a determination to be made that
the device can be safely roof-mounted. There is no fee for such permit.
If such application meets the requirements of this section, the application
shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the Village of Grantsburg shall comply with
the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of 10 feet from any property line. The purpose of
setback regulations is to protect the aesthetics of the area and to
preserve adequate access for emergency equipment and personnel.
(b)
Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna in the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property following compliance with Subsection C above. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Zoning Administrator shall determine where reasonable reception is
possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the roof of any principal
or accessory structure shall be permitted only if the structure is
properly constructed to carry all imposed loading and complies with
applicable state and local building code requirements. The Zoning
Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall not
exceed 15 feet for a ground-mounted antenna and 10 feet for a roof-mounted
antenna, except for stations used to provide community antenna television
services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 18 feet in height, as measured from the ground to the highest
point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above
the surrounding roofline, as measured from the lowest point of the
existing roofline.
(5)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 miles per hour.
(6)
Electrical installations. Electrical installations in connection
with signal-receiving antennas, including grounding of the system,
shall be in accordance with the National Electrical Safety Code, Wisconsin
State Electrical Code and the instructions of the manufacturer. In
cases of conflict, the stricter requirements shall govern. All cable
used to conduct current or signals from the signal-receiving antenna
to the receivers shall be installed underground unless installation
site conditions preclude underground installation. If a signal-receiving
antenna is to be used by two or more residential property owners,
all interconnecting electrical connections, cables and conduits must
also be buried. The location of all such underground lines, cables
and conduits shall be shown on the application for a permit. All signal-receiving
antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section.
(8)
Advertising. No form of advertising or identification, sign or mural
is allowed on the signal-receiving antenna other than the customary
manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall be
filtered and/or shielded so as to prevent the emission or reflection
of any electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving
antenna in violation of any provisions of this section. In the event
of any violation, the Village Board, a Village enforcement official
or any property owner who would be specifically damaged by such violation
may institute appropriate action or proceedings to enjoin a violation
of this section.
A.
Construction of wind energy systems. No person shall construct or
operate a wind energy system (WECS) without having fully complied
with the provisions of this section.
C.
Application requirements. An application for a permit to build a
wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property
where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to
two times the height of the proposed WECS.
(5)
Location of all aboveground utility lines on the property where a
WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower
construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including
all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions
or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower's
design is sufficient to withstand wind load requirements for structure
as defined by the State Commercial Building Code.
D.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the arc of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anti-climbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind energy systems as well. A sign indicating shock hazard shall
be placed on the tower. Such sign shall state: "Warning. Electrical
shock hazard. No unauthorized persons on tower. No trespassing." Cables,
ropes or wires used to secure the WECS shall be appropriately marked
to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with
all applicable sections of the State Commercial Building Code and
any future amendments, additions, and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electrical utility's then-current service regulations
applicable to WECS; these standards are subject to review by the Public
Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform to the requirements of the
Village of Grantsburg Code of Ordinances.
J.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines
shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control to
render the system inoperable when winds are blowing in excess of the
speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system
inoperable in the event of a structural or mechanical failure of any
part of the system, including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render the
system inoperable in case of loss of utility power to prevent the
WECS from supplying power to a de-energized electrical distribution
system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is hereby declared to be a public
nuisance and shall be abated by repair, rehabilitation, demolition,
or removal in accordance with the procedures set forth in the Village
of Grantsburg Code of Ordinances.
M.
Maintenance. The Zoning Administrator or his/her representative shall
have the right, at any reasonable time, to enter, in the company of
the owner or his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS installation and require that repairs
or alterations be made within 30 days if, in his/her judgement, there
exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Village Board shall be made by the Zoning
Administrator to certify the safety and maintenance of the WECS and
accessory structures.
A.
Title; purpose; authority.
(1)
Title. This section is titled the "Village of Grantsburg Mobile Tower
Siting Ordinance."
(2)
Purpose. The purpose of this section is to regulate by zoning permit:
(a)
The siting and construction of any new mobile service support
structure and facilities;
(b)
With regard to a Class 1 collocation, the substantial modification
of an existing support structure and mobile service facilities; and
(c)
With regard to a Class 2 collocation, collocation on an existing
support structure which does not require the substantial modification
of an existing support structure and mobile service facilities.
(3)
Authority. The Village of Grantsburg Village Board has the specific
authority under §§ 62.23 and 66.0404, Wis. Stats.,
to adopt and enforce this section.
B.
ANTENNA
BUILDING PERMIT
CLASS 1 COLLOCATION
CLASS 2 COLLOCATION
COLLOCATION
DISTRIBUTED ANTENNA SYSTEM
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FALL ZONE
MOBILE SERVICE
MOBILE SERVICE FACILITY
MOBILE SERVICE PROVIDER
MOBILE SERVICE SUPPORT STRUCTURE (TOWER)
PERMIT
PUBLIC UTILITY
SEARCH RING
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
(4)
SUPPORT STRUCTURE
UTILITY POLE
Definitions. The following definitions shall be applicable in this
section:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
A permit issued by the Village that authorizes an applicant
to conduct construction activity that is consistent with the Village's
Building Code.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does need to
construct a freestanding support structure for the facility but does
need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
Class 1 or Class 2 collocation or both.
A network of spatially separated antenna nodes that is connected
to a common source via a transport medium and that provides mobile
service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing
support structure within which is located mobile service facilities.
A support structure that exists at the time a request for
permission to place mobile service facilities on a support structure
is filed with the Village.
The area over which a mobile service support structure is
designed to collapse.
Has the meaning given in 47 U.S.C. § 153(33).
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a planned geographic area, but does not include the underlying
support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A permit, other than a building permit, or approval issued
by the Village which authorizes any of the following activities by
an applicant:
Has the meaning given in § 196.01(5), Wis. Stats.
A shape drawn on a map to indicate the general area within
which a mobile service support structure should be located to meet
radio frequency engineering requirements, taking into account other
factors including topography and the demographics of the service area.
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure, that does any of the
following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
collocation.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building, or other structure.
A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats., and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.
C.
Siting and construction of any new mobile service support structure
and facilities; regulation limitations.
(1)
Application process.
(a)
A Village zoning permit is required for the siting and construction
of any new mobile service structure and facilities. The siting and
construction of any new mobile service support structure and facilities
is a conditional use in the Village obtainable with this permit through
the conditional use permit process.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village Clerk. The application shall contain,
at a minimum, the following information:
[1]
The name and business address of, and the contact individual
for, the applicant; applicable telephone number(s), fax number, and
e-mail address shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
[5]
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
[6]
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request
to any applicant, or, in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
If an applicant submits to the Village an application for conditional
use and zoning permits to engage in an activity described in this
section, which contains all of the information required under this
section, the Village shall consider the application complete. If the
Village determines that the application is incomplete, the Village
shall notify the applicant in writing, within 10 days of receiving
the application, that the application is not complete. The written
notification shall specify in detail the required information that
was incomplete. An applicant may resubmit an application as often
as necessary until it is considered complete.
(e)
Within 90 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with
all applicable aspects of the Village's Building Code and, subject
to the limitations in this section, provisions of this Zoning Code.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement under Subsection C(1)(b)[6].
(g)
If the applicant provides the Village with an engineering certification
showing that a mobile service support structure or an existing structure
is designed to collapse within a smaller area than the setback or
fall zone area required in the Zoning Code, that Zoning Code provision
does not apply to such a structure unless the Village provides the
applicant with substantial evidence that the engineering certification
is flawed.
(h)
The fee for the permit shall be as provided in the Village of
Grantsburg's Schedule of Fees [but may not exceed $3,000 per § 66.0404(4)(d),
Wis. Stats.].
(2)
Regulatory and application limitations. With regard to the siting
and construction of a new mobile service support structure and facilities,
the substantial modification of an existing support structure and
mobile service facilities as part of a Class 1 collocation, or a Class
2 collocation, the Village, pursuant to § 66.0404(4), Wis.
Stats., shall not:
(a)
Impose environmental testing, sampling, or monitoring requirements,
or other compliance measures for radio frequency emissions, on mobile
service facilities or mobile radio service providers.
(b)
Enact a moratorium ordinance on the permitting, construction,
or approval of any such activities.
(c)
Enact an ordinance prohibiting the placement of a mobile service
support structure in particular locations within the Village.
(d)
Charge a mobile radio service provider a fee in excess of the
amount prescribed in § 66.0404(4)(d), Wis. Stats.
(e)
Charge a mobile radio service provider any recurring fee for
an activity described in § 66.0404(2)(a), Wis. Stats., or
a Class 2 collocation.
(f)
Permit third-party consultants to charge the applicant for any
travel expenses incurred in the consultant's review of mobile service
permits or applications.
(g)
Disapprove of an application to conduct an activity described
in § 66.0404(2)(a), Wis. Stats., based solely on aesthetic
concerns.
(h)
Disapprove an application to conduct a Class 2 collocation on
aesthetic concerns.
(i)
Enact or enforce a Village ordinance related to radio frequency
signal strength or the adequacy of mobile service quality.
(j)
Impose a surety requirement, unless the requirement is competitively
neutral, nondiscriminatory, and commensurate with the historical record
for surety requirements for other facilities and structures in the
Village which fall into disuse. [Note: Per § 66.0404(4)(i),
Wis. Stats., there is a rebuttable presumption that a surety requirement
of $20,000 or less complies with this subsection.]
(k)
Prohibit the placement of emergency power systems.
(l)
Require that a mobile service support structure be placed on
property owned by the political subdivision.
(m)
Disapprove an application based solely on the height of the
mobile service support structure or on whether the structure requires
lighting.
(n)
Condition approval of such activities on the agreement of the
structure or mobile service facility owner to provide space on or
near the structure for the use of or by the Village at less than market
rate, or provide the Village other services via the structure or facilities
at less than the market rate.
(o)
Limit the duration of any permit that is granted.
(p)
Require an applicant to construct a distributed antenna system
instead of either constructing a new mobile service support structure
or engaging in collocation.
(q)
Disapprove an application based on an assessment by the Village
of the suitability of other locations for conducting the activity.
(r)
Require that a mobile service support structure, existing structure,
or mobile service facilities have or be connected to backup battery
power.
(s)
Impose a setback or fall zone requirement for a mobile service
support structure that is different from a requirement that is imposed
on other types of commercial structures.
(u)
Consider an activity a substantial modification under Subsection (3) of the definition of "substantial modification" in Subsection B above if a greater protrusion is necessary to shelter the antenna from increment weather or to connect the antenna to the existing structure by cable.
(v)
Limit the height of a mobile service support structure to under
200 feet.
(w)
Condition the approval of an application on, or otherwise require,
the applicant's agreement to indemnify or insure the Village in connection
with the Village's exercise of its authority to approve the application.
(x)
Condition the approval of an application on, or otherwise require,
the applicant's agreement to permit the Village to place at or collocate
with the applicant's support structure any mobile service facilities
provided or operated by, whether in whole or in part, the Village
or an entity in which the Village or other political subdivision has
a governance, competitive, economic, financial or other interest.
D.
Class 1 collocation.
(1)
Application process.
(a)
A zoning permit is required for a Class 1 collocation. A Class
1 collocation is a conditional use in the Village obtainable with
this permit through the conditional use process of this chapter.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village. The application must contain, at a minimum,
the following information:
[1]
The name and business address of, and the contact individual
for, the applicant; applicable telephone number(s), fax number, and
e-mail address shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
[5]
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
[6]
If the application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request
to any applicant, or, in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
If an applicant submits to the Village an application for a
permit to engage in an activity described in this section, which contains
all of the information required under this section, the Village shall
consider the application complete. If the Village does not believe
that the application is complete, the Village shall notify the applicant
in writing, within 10 days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(e)
Within 90 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with
all applicable aspects of the Village's Building Code and, subject
to the limitations of this section, this Zoning Code.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection D(1)(b)[6].
(g)
If an applicant provides the Village with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in the Zoning Code, that Zoning Code provision
does not apply to such a structure unless the Village provides the
applicant with substantial evidence that the engineering certification
is flawed.
(h)
The fee for the permit shall be as provided in the Village of
Grantsburg's Schedule of Fees [but may not exceed $3,000 per § 66.0404(4)(d),
Wis. Stats.].
E.
Class 2 collocation.
(1)
Application process.
(a)
A Village zoning permit is required for a Class 2 collocation.
A Class 2 collocation is a permitted use in the Village but still
requires the issuance of a Village zoning permit.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village. The application must contain, at a minimum,
the following information:
(c)
A permit application will be provided by the Village upon request
to any applicant, or, in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
Per Chapter 225, Building Construction, of this Code of Ordinances, a Class 2 collocation is also subject to the same requirements for the issuance of a building permit to which any other type of commercial development/construction or land use development is subject.
(e)
If an applicant submits to the Village an application for a
permit to engage in an activity described in this section, the Village
shall consider the application complete. If any of the required information
is not in the application, the Village shall notify the applicant,
in writing, within five days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(f)
Within 45 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the forty-five-day period:
[1]
Make a final decision whether to approve or disapprove the application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant
permit.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(g)
The fee for the permit shall be as provided in the Village of
Grantsburg's Schedule of Fees [but may not exceed $500 or the commercial
building permit fee equivalent, per § 66.0404(4)(d), Wis.
Stats.].
F.
Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this section shall, upon conviction, be subject to the penalties and/or forfeitures prescribed in § 595-116, plus applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the Village of Grantsburg may seek injunctive relief from a court of record to enjoin further violations.
