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1. In compiling and preparing the ordinances for publication as the Code of the Village of Holmen, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Village Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
2. The amendments and/or additions as set forth in Schedule A[1] attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
3. Nomenclature.
   1. Throughout the Code, all references to the "Plan Commission" are updated to read "Planning Commission."
   2. Throughout Chapter 29, Building Construction, and Chapter 90, Land Division, references to the Department of Industry, Labor and Human Relations (DILHR) are updated to refer to the Department of Commerce (COMM).
   3. Throughout Chapter 134, Police Commissioners, Board of, references to the "Police Commission" and "Commission" are revised to read "Board of Police Commissioners" and "Board," respectively.
   4. Throughout Chapter 159, Streets and Sidewalks, Article I, Construction and Maintenance of Sidewalks, all references to the "Street Commissioner" are revised to read "Director of Public Works."

1. Editor's Note: In accordance with § 1-14B, the chapters, articles and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-12-2000 by Ord. No. 1.00." Schedule A, which contains a complete description of all changes, is on file in the village offices.

1. The President shall be chosen at the annual spring election in odd-numbered years.
2. The Trustees' term of office shall be two years, three of whom shall be elected each year.
3. Vacancies. [Added  8-13-2009 by Ord. No. 1.09]

1. Candidates for elective Village offices shall be nominated by nomination papers, and elected by nonpartisan primary where required, under the following rules and procedures in accordance with s. 8.05(4), Wis. Stats:

1. The annual election shall be held on the first Tuesday of April.
2. Special elections may be held when ordered by a majority of the Village Board. The Clerk shall publish the notices required under s. 10.06(3)(f), Wis. Stats., beginning 30 days prior to the date of the special election.
3. Within five days after the election the Village Clerk shall notify the person so elected thereof in writing, and within five days of such notice every person so elected shall take and file the official oath.
4. All election procedures shall comply with the applicable provisions of Wisconsin Statutes.

1. The duties of the Village officers shall be as enumerated in ss. 61.24 through 61.32, Wis. Stats., except that no officers shall be required to file a bond unless specifically required to do so by s. 1.05(c)(12), Wis. Stats., of this code.
2. The Village President and each member of the Board of Trustees shall receive a salary as compensation for services rendered as such officers. Salaries shall be determined in accordance with ss. 61.32 and 66.0505 Wis. Stats. Board members will also receive $30 for each special Board meeting attended. [Amended  2-9-2012 by Ord. No. 2-2012]
3. The Village President shall receive the sum of $200 per month and each member of the Board of Trustees shall receive $25 per month for expenses. Expenses are deemed taxable unless a receipt or written documentation is provided. Board members are responsible for all expense documentation. [Amended  6-14-2001 by Ord. No. 2.01]

1. Enumerated. The following shall be the appointed officials of Holmen:

1. Manner of appointment. Unless otherwise provided, the enumerated officials shall be appointed by the Village President, subject to confirmation by the Village Board.
2. Term of office. Unless otherwise provided by statute or ordinance, appointed and employed officials shall serve indefinite terms, at the pleasure of Board, beginning upon Board confirmation.

1. Creation and purpose. In order that various officers, officials, and employees and departments executing policy and administering the affairs of the Village of Holmen, Wisconsin, operate as efficiently as possible under a system of part-time President and part-time Trustees, and to better ensure competent, expeditious, efficient and harmonious administration and action in respect to any activity common to any one or more of the Village's officers, officials and departments, and in order that there may be a uniform administration of policy, there is hereby created the office of Village Administrator for the Village of Holmen, Wisconsin.
2. Office of Village Clerk and Village Administrator may be combined. The offices of Village Clerk and Village Administrator may be held by the same person. The Village Administrator shall be appointed and shall hold office for an indefinite term, subject to removal by the Village Board. [Amended  2-9-2012 by Ord. No. 2-2012]
3. The power and duties of Village Administrator shall be: [Amended  2-9-2012 by Ord. No. 2-2012]

1. Order. The Board Chair shall have the power to preserve order at its meetings, compel attendance of Trustees and punish nonattendance and shall be the judge of the election and qualification of its members.
2. Powers. The Board shall retain all the powers of the Village not specifically delegated to some other officer. Except as otherwise provided by law, the Board shall have the management and control of the Village property, finances, highways, streets, and the public service and shall have power to act for the government and good order of the Village, for its commercial benefit and for the health, safety, welfare and convenience of the public. The Board may implement its powers by license, regulation, borrowing, taxation, special assessment, appropriation, fine, imprisonment and other necessary or convenient means. The powers hereby confirmed shall be in addition to all other grants and shall be limited only by express language.
3. Substitute officers. If any officer is absent or temporarily incapacitated from any cause, the Board may appoint some person to discharge the officer's duties until the officer returns or until the disability is removed.
4. Open Meeting Law. The Chair of each committee, subcommittee, special committee, standing committee, commission or board shall have the primary responsibility for complying with ss. 19.81 through 19.98, Wis. Stats., known as the "Open Meeting Law." The Chair or his/her designee shall notify the Village Clerk as to how notices shall be conveyed to the news media. Those committees that desire notification to be made through the Village Clerk's office shall so designate in writing.

1. Order of business. The order of business at the regular meeting shall be generally as follows:

1. At the appointed hour, the Clerk shall determine if a quorum is present. If a quorum is present, the President, or, in his absence, a Chairman chosen by the Board, shall call the Board to order and the Board shall proceed to business. If a quorum is not present, the Board shall adjourn.
2. All resolutions and amendments to any document shall be put in writing before being acted upon.
3. Before speaking, every member shall address the Chair, and, once recognized, shall not be interrupted except by a call to order.
4. When a member is called to order, he shall not proceed, except in explanation, without leave of the Board.
5. No member shall speak upon any question more than twice without permission of the Board.
6. The Board Chair shall call the yes and no for each vote.
7. Any member voting in the majority may move for a reconsideration at the same or next meeting, and if a majority are in favor, the issue shall be reconsidered.
8. The Village Administrator shall establish the order of the meeting agenda.
9. Parliamentary rules.

1. Addressing the Board. No one other than a Board member or a department head when requested by a Board member will be allowed to speak except by the permission of the Board. A majority vote shall be required. There shall be a five-minute limit on presentations unless the Board allows more.
2. Referral to committee.

1. Suspension of rules. Unless prohibited by Wisconsin Statutes, rules may be suspended at any meeting by a 2/3 vote of those present.

1. The Board shall conduct its business through the following standing committees, each of which shall consist of three Trustees appointed by the President and confirmed by the Board:

1. Special committees. Special committees may be created on motion or by resolution designating the number and object and shall be appointed by the President unless otherwise ordered.

1. Appointment. The Village Planning Commission shall consist of seven members as follows: the President of the Board of Trustees, who shall be its presiding officer; two Trustees; and four citizens. Citizen members shall be persons of recognized experience and qualifications. The two Trustee members of the Commission shall be elected by a two-thirds-vote of the Board, upon creation of the Commission and each April thereafter. The four citizen members shall be appointed by the President upon creation of the Commission to hold office for a period of three years. All vacancies on the Village Planning Commission shall be filled for the unexpired term. No compensation shall be paid for service on the Planning Commission. Citizen members shall take the official oath which shall be filed with the Village Clerk. [Amended  2-9-2012 by Ord. No. 2-2012]

1. Organization. When all members of the first Planning Commission have been appointed, the Clerk shall give each member a written notice of the appointment, and thereon shall fix the time and place of the first meeting, which shall be not less than five nor more than 10 days thereafter. The Planning Commission shall then organize by electing a Vice Chairman, Secretary, and such other officers as they may deem necessary. The Commission shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Clerk. Four members shall constitute a quorum.
2. Powers and duties.

1. Membership. The Board of Zoning Appeals shall consist of five members appointed by the Village President subject to confirmation by the Village Board to serve three-year terms; except that of those first appointed, one shall serve for one year, two for two years, and two for three years. The members shall be removable by the Village President for cause upon written charge and a hearing.
2. Powers and duties: as granted under Chapter 195, Zoning, and s. 61.35 and s. 62.23(7)(e), Wis. Stats.

1. Special assessment payments may be paid in cash until the due date of the billing therefor, or in annual installments if the assessment exceeds $400, the maximum terms of which, except as otherwise provided herein, shall be as follows:

1. The unpaid balance of any special assessment levied hereunder shall bear interest from the original due date thereof at a rate which shall be determined by the Village Board prior to the publication of the notice required by s. 66.54(7)(e), Wis. Stats., relative to the payment of annual installments of special assessments and such rate shall be specified in said notice.
2. The special assessment interest rate is hereby established annually as determined by the Village Board. The rate shall apply until changed by resolution of this Board, with this Board to review such interest rate annually in December.

1. Juke box license. No device or instrument which reproduces music by mechanical means, which devices are commonly known as "juke boxes," shall be maintained or operated in any premises without having first obtained a license.
2. License fees. The license fee for the operation of each juke box in any premises shall be as set annually by the Village Board.
3. Application for license. Application for license for a juke box shall be made in writing to the Village Clerk and shall be accompanied by a receipt from the Village Treasurer showing the license fee has been paid and shall designate the premises on which the juke box is located and shall be for a period of one year, from July 1 to June 30 of the following year. Licenses shall be issued by the Village Clerk.

1. License required for billiard and other tables. No person shall erect, place or keep, or permit to be erected, placed or kept, upon his, her or their premises any billiard table, pool table, or other table whereupon balls are played or any objects are rolled, or thrown, used or kept for hire and to be used for any compensation, or to be used with or without compensation in any nonresidential building without having first obtained a license. Every billiard or other table so kept or placed or permitted to be kept or placed upon any premises without a license shall constitute a separate offense under the provisions of this section.
2. License fee. Any person requiring such license shall pay to the Village Treasurer a sum as set annually by the Village Board for each such table to be kept by him from the date of such payment and expiring on the following June 30.
3. Issuing license. Upon presentation to the Village Clerk of an application and a receipt showing the payment of the fees required, the Village Clerk shall issue a license to the applicant, said license expiring June 30 of the following year.
4. Gambling prohibited. No person who has a license under this section shall permit any gambling for money or other valuable thing on any table or alley kept by him or shall allow or in any manner permit any minor to play any game thereon.
5. Closing hours. It shall be unlawful for any person having a license under the provisions of this section to permit whatsoever upon any bowling alley, nine- or ten-pin alley, billiard table, pool table or device mentioned in Subsection A of this section or admit any persons to the rooms wherein such tables, devices, or alleys are installed for the purpose of permitting or inviting play upon any of such tables or devices at any time between the hours of 1:00 a.m. and 6:00 a.m.

1. License required. No person shall erect, place or keep, any pin ball machines, video arcades, or other games or devices for which the payment of money or other valuable thing is directly or indirectly required or permitted to be paid or given without first having been licensed as hereinafter provided.
2. Application and granting license. Application shall be made to the Village Clerk, who shall have the authority to grant such license, on forms furnished by the Clerk requiring such information as shall enable the Clerk to determine whether the granting of such license is in the public interest. If the Clerk determines that granting the license is not in the public interest, the Clerk may refuse to grant the same.
3. License fee and term. The license fee for the operation of each such machine shall be as set annually by the Village Board. License fees shall be paid for a period of one year, from July 1 to June 30 of the following year.

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-9-1997. Amendments noted where applicable.]  

GENERAL REFERENCES

 Noise — See Ch. 112.

• 14-1.  Purpose.

The purpose of this chapter is to promote and protect the health, safety, convenience and general welfare of the people of the Village of Holmen.

• 14-2.  Statutory authority.

This chapter is adopted as authorized under Wisconsin State Statutes, Chapters 170, 172, 173, 174 and ss. 951.01 through 951.15, including any repeal or recreation of said chapter or sections.^[1]

• 14-3.  Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.

• 14-4.  Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretations shall apply. Where a provision of this chapter is required by Wisconsin Statutes and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.

• 14-5.  Applicability.

The requirements of this chapter apply to all activities related to animal control within the Village of Holmen.

• 14-6.  Administration.

The provisions of this chapter shall be administrated by the Village of Holmen Board and its designated agents.

• 14-7.  Definitions.

In this chapter, unless the context or subject matter otherwise require, the following terms shall have the meanings indicated:

ANIMAL — Mammals, reptiles and birds.

AT LARGE — To be off the premises of the owner and not under the control of some person either by leash, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.

CAT — Any feline, regardless of age or sex.

CRUEL — Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.

DOG — Any canine, regardless of age or sex.

FARM ANIMAL — Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.

LAW ENFORCEMENT OFFICER — That meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer under Sec. 173.03, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats. ^[2]

NEUTERED — A dog or cat having nonfunctional reproductive organs.

OWNER — Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this section.

PET — An animal kept and treated as a pet.

RESIDENTIAL LOT — A parcel of land zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot. ^[3]

• 14-8.  Rabies vaccination required for license.

95. Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within 30 days after the dog or cat reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the Village of Holmen after the dog or cat has reached five months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the village unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within two years after the previous vaccination. The certificate of vaccination shall meet the requirements of Section 95.21(2), Wis. Stats.^[4]
96. Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the village stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the United States Department of Health and Human Services and the village.
97. Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first.
98. Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
99. Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog or cat which is not required to be vaccinated under Subsection A.
100. Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
101. Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.

• 14-9.  Issuance of dog and kennel licenses.

1. Dog licenses.

(1)    It shall be unlawful for any person in the Village of Holmen to own, harbor or keep any dog more than five months of age without complying with the provisions of Section 174.05 through Section 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.

(2)    The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

(3)    The minimum license tax under this section shall be the license fee charged by La Crosse County plus a $1 village administrative fee for spayed female or neutered male dogs. The minimum fee for unspayed or unneutered dogs shall be the license fee charged by La Crosse County plus a $1 village administrative fee.

(4)    Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 14-8 of this chapter, the Village Clerk shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

(5)    The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 14-8E.

(6)    The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any village police or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

(7)    Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from Village Clerk upon application therefor.

1. Kennel licenses.

(1)    Any person who keeps or operates a kennel shall, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $30 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and, if required by the village, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Clerk shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be located in agricultural areas after a conditional use permit has been issued pursuant to Chapter 195, Zoning.

(2)    The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog during competition. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is on a leash or is temporarily used for the purposes of hunting, breeding, trial, training or competition.

• 14-10.  Late fees.

The Village Clerk or County Clerk shall assess and collect a late fee as established by La Crosse County from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.^[5]

• 14-11.  Rabies quarantine.

1. Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk shall promptly post in at least three public places in the village notices of quarantine.^[6]
2. Exemption of vaccinated dog or cat from city quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
3. Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

(1)    Quarantine or sacrifice of dog or cat. An officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal only as a last resort. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

(2)    Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred.

1. Quarantine of dog or cat.

(1)    Delivery to isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

(2)    Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

(3)    Risk to animal health.

(a)     If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

(b)     If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

(4)    Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

1. Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.
2. Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the village, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
3. Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

• 14-12.  Restrictions on keeping of dogs, cats, fowl and other animals.

1. Restrictions. It shall be unlawful for any person within the Village of Holmen to own, harbor, or keep any dog or cat which:

(1)    Habitually pursues any vehicle upon any public street, alley or highway in the village.

(2)    Assaults or attacks any person as described in Subsection B or destroys property.

(3)    Is at large within the limits of the village.

(4)    Habitually barks or howls to the annoyance of any person or persons. (See § 14-18.)

(5)    Kills, wounds or worries any domestic animal.

(6)    Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(7)    In the case of a dog, is unlicensed.

1. Vicious dogs and animals.

(1)    No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. For purposes of enforcing this section, a dog shall be deemed as being of a vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove provided may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the police authorities.

(2)    No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.

1. Animals running at large.

(1)    No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer.

(2)    A dog shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.

1. Cat control.

(1)    It shall be unlawful for the owner or keeper of a cat to permit the same to run at large within the village. A cat is deemed to be at large when off the premises of its owner or keeper and not under his control by means of a leash, by being carried, or physically restrained. "Premises of the owner or keeper" is defined to be his dwelling house, garage and other buildings located on the land he has in his possession and the land itself. "Premises" also includes any motor vehicle normally driven by the owner or keeper wherever located.

(2)    It shall be the duty of every police or animal control officer to seize and impound any stray cat or cat running at large. Said officer shall immediately ascertain, if possible, the identity of the owner or keeper of each cat so seized by diligent inquiry.

(3)    If returned to the owner or keeper, said person shall pay to the village the veterinary fee, if any, and a forfeiture. Any cat not claimed within five days of posting of the above notice shall be destroyed.

174. Owner's liability for damage caused by dogs; penalties. The provisions of Section 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

• 14-13.  Impoundment of animals.

1. Animal control agency.

(1)    The Village of Holmen may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals, and for assisting in the administration of rabies vaccination programs.

(2)    The Village of Holmen does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this section.

1. Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any police or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this village, assaults or attacks any person, is at large within the village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the village for any damages it sustains for improper or illegal seizure.
2. Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or humane officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. mail, if such owner be known to the officer or can be ascertained with reasonable effort. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or village ordinance. In the alternative, a humane society or animal control agency serving the village may provide the required notices under this section.
3. Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal warden may sell the animal to any willing buyer.
4. Village not liable for impounding animals. The village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

• 14-14.  Dogs and cats restricted in cemeteries.

No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead blind persons shall be exempt from this section.

• 14-15.  Duty of owner in case of dog or cat bite.

1. General requirements. Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Police Department and shall keep such dog or cat quarantined for not less than 10 days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.
2. Specific responsibilities of a pet owner.

(1)    After a pet has bitten someone, the person who owns the animal shall:

(a)     Supply the Police Department with the full name and address of the person bitten.

(b)     Give a description of the animal to the Police Department.

(c)     Quarantine the animal and have it examined as follows:

[1]    When a dog (vaccinated or unvaccinated) has bitten any person and caused an abrasion of the skin of such person, it shall be examined by a licensed veterinarian within 24 hours and quarantined in an isolation facility for 10 days.

[2]    If, upon examination by a veterinarian, the dog has no signs of rabies and has a valid rabies vaccination, an officer (defined as a peace officer, full-time health officer, humane officer or warden) may order the animal quarantined on the owner's premises.

[3]    If the dog had no signs of rabies but does not have a valid rabies vaccination, it shall be confined for a minimum period of 10 days at an isolation facility, as defined in Section 95.21(1)(am), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]

(2)    Quarantined animals must be examined by a doctor of veterinary medicine on the first and 10th day and one day in between (a total of three times). NOTE: If the animal is isolated on the owner's premises, the law requires that the veterinarian come to the owner's premises. The animal cannot be transported by the owner to the veterinarian.

(3)    The veterinarian shall notify the Police Department in writing as to the results of his supervision of the isolated animal.

• 14-16.  Animal feces.

The owner, keeper, walker or person in charge of any dog, cat or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.

• 14-17.  Injury to property by animals.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate or urinate thereon.

• 14-18.  Barking dogs or crying cats.[Amended 9-12-2013 by Ord. No. 6-2013]

It shall be unlawful for any person to keep or harbor any dog which habitually barks, howls, or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance, and any person harboring such animals shall be subject to § 14-30 (Violations and penalties) of this chapter, at the discretion of the Police Department or any Village authority enforcing this chapter.

• 14-19.  Prohibited and protected animals, fowl, reptiles and insects.

1. Protected animals.

(1)    Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), Mexican ridley turtle (lepidochelys kempi).

(2)    Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body of parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

(3)    Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

1. Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
2. Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any of the following animals, reptiles or insects:

(1)    All poisonous animals and reptiles including rear-fang snakes.

(2)    Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

(3)    Baboons (Papoi, Mandrillus).

(4)    Bears (Ursidae).

(5)    Bison (Bison).

(6)    Cheetahs (Acinonyx jubatus).

(7)    Crocodilians (Crocodilia), 30 inches in length or more.

(8)    Constrictor snakes, six feet in length or more.

(9)    Coyotes (Canis latrans).

(10)  Deer (Cervidae); including all members of the deer family; for example, white-tailed deer, elk, antelope and moose.

(11)  Elephants (Elephas and Loxodonta).

(12)  Game cocks and other fighting birds.

(13)  Hippopotami (Hippopotamidae).

(14)  Hyena (Hyaenidae).

(15)  Jaguars (Panthera onca).

(16)  Leopards (Panthera pardus).

(17)  Lions (Panthera leo).

(18)  Lynxes (Lynx).

(19)  Monkeys, old world (Cercopithecidae).

(20)  Ostriches (Struthio).

(21)  Puma (Felis concolor); also known as cougars, mountain lions and panthers.

(22)  Rhinoceroses (Rhinocero tidae).

(23)  Snow leopards (Panthera uncia).

(24)  Tigers (Panthera tigris).

(25)  Wolves (Canis lupus) and foxes.

(26)  Poisonous insects.

(27)  Except in properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code. If zoned agriculturally or if a nonconforming use permits the harboring of animals such as cattle, horses, swine, sheep, goats, poultry or rabbits, it is required that no enclosure be within 25 feet of any building used for residence purposes by anyone other than the home owner and be it further required that the enclosure not be within 25 feet of where food is prepared, kept or sold.

1. Exceptions. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; zoological gardens; if:

(1)    Their location conforms to the provisions of Chapter 195, Zoning, of the village.

(2)    All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(3)    Animals are maintained in quarters so constructed as to prevent their escape.

• 14-20.  Sale of rabbits, chicks or artificially colored animals.

1. No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.
2. No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.
3. No retailer, as defined in Sec. 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.^[7]

• 14-21.  Providing proper food and drink to confined animals.

1. No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.
2. The food shall be sufficient to maintain all animals in good health.
3. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.

• 14-22.  Providing proper shelter.

1. Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.
2. Indoor standards. Minimum indoor standards of shelter shall include:

(1)    Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

(2)    Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

1. Outdoor standards. Minimum outdoor standards of shelter shall include:

(1)    Shelter from sunlight. When sunlight is likely to cause exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals.

(2)    Shelter from inclement weather.

(a)     Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

(b)     Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.

1. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

(1)    Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

(2)    Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

1. Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards. Any permitted enclosure shall be maintained in a clean condition free from odors or other offenses to adjoining property owners. The presence of any rats or rodents in the yard shall be prima facia evidence that such yard is maintained in violation of this chapter.

• 14-23.  Neglected or abandoned animals.

1. Neglected or abandoned animals.

(1)    No person may abandon any animal.

(2)    Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.

(3)    If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

(4)    Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

(5)    Section 173.10, Investigation of Cruelty Complaints, and Section 173.24, Wis. Stats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.^[8]

1. Injured animal. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the village or any animal control agency with whom the village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.

• 14-24.  Cruelty to animals and birds prohibited.

1. Acts of cruelty prohibited. No person except a police officer or health or humane officer in the pursuit of his duties shall, within the village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.
2. Leading animal from motor vehicle. No person shall lead any animal upon a village street from a motor vehicle or from a trailer or semi-trailer drawn by a motor vehicle.
3. Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in Sec. 961.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.^[9]
4. Use of certain devices prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.
5. Shooting at caged or staked animals. No person may instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

• 14-25.  Trapping of animals.

1. All traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they relate to trapping.
2. This section shall not apply to trapping within the confines of buildings or homes.
3. Nothing in this section shall prohibit or hinder the Village of Holmen or its employees or agents from performing their official duties.

• 14-26.  Dognapping and catnapping.

No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of the village or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents engaged in the exercise of their official duties, or as otherwise permitted herein.

• 14-27.  Vehicle accidents.

The operator of any vehicle involved in an accident resulting in injury to or death of a dog, cat or other animal which appears to be a pet shall immediately notify the Police Department or an animal control agency whose jurisdiction extends into the village.

• 14-28.  Keeping of bees.

1. It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the village unless the bees are kept in accordance with the following provisions:

(1)    No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary.

(2)    If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.

(3)    Fresh, clean watering facilities for bees shall be provided on the said premises.

(4)    The bees and equipment shall be kept in accordance with the provisions of the state statutes.

(5)    Bee hives may only be located in a rear yard.

(6)    Bees may only be kept after a conditional use permit is first issued pursuant to Chapter 195, Zoning.

1. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located within a school or university building for the purpose of study or observation.

• 14-29.  Limitation on number of dogs and cats.

1. Purpose. The keeping of a large number of dogs or cats within the Village for a considerable period of time detracts from, and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs or cats is, therefore, declared a public nuisance.^[10]
2. Number limited. Under no circumstances shall any persons residing within any one residential unit or any one home located on any residentially zoned property or lot own, harbor, board, or keep in its possession more than three dogs nor more than three cats at any one time, and no more than a maximum of four animals of any species (dogs and cats) may be permitted on any residentially zoned property or lot at any one time, except that a litter of pups or kittens or a portion of a litter may be kept for not more than five months from birth. All dogs must be licensed at all times. At the discretion of any Village authority enforcing this chapter, any person determined to be in violation of this section shall be subject to § 14-30 (Violations and penalties) of this chapter, including the forcible removal of the animal.[Amended 10-12-2000 by Ord. No. 1.00; 9-12-2013 by Ord. No. 6-2013]

• 14-30.  Violations and penalties.

200. Any person violating §§ 14-21 through 14-29 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
201. Anyone who violates §§ 14-8 through 14-11 of this chapter or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $50 and not more than $500 for the first offense and not less than $100 and not more than $1,000 for any subsequent offenses.[Amended 10-12-2000 by Ord. No. 1.00; 5-11-2006 by Ord. No. 5-06]
202. An owner who refuses to comply with an order issued under § 14-11 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000, and in default of payment of such forfeiture and cost shall be imprisoned not more than 60 days.[Amended 10-12-2000 by Ord. No. 1.00]
203. Any person who violates §§ 14-12 through 14-20 of this chapter shall be subject to a forfeiture of not less than $50 and not more than $500 for the first violation and not less than $100 and not more than $1,000 for subsequent violations.[Amended 5-11-2006 by Ord. No. 5-06]

1. No person, firm or corporation shall permit any public nuisance as defined in § 25-2 above to remain on any premises owned or controlled by him or her within the Village.
2. Any street, road or highway right-of-way fronting upon a parcel of land is considered for the purposes of this chapter to be controlled by the owner of such parcel of land, and the owner of such parcel of land is therefore responsible for cutting grasses and weeds within such right-of-way so as to prevent any public nuisance as defined in § 25-2 above from remaining.
3. Parcels zoned as A - Agricultural District are exempt from the requirements of this chapter.

1. If the Weed Commissioner or his/her designee shall determine with reasonable certainty that any public nuisance as defined in § 25-2 above exists, he/she shall immediately cause notice to be given to the owner of the parcel responsible for preventing any such nuisance from remaining that the owner has five days after the notice is given to have the grasses or weeds cut so as to conform with this chapter. The first time that a public nuisance is determined to exist on a parcel of land, notice to the owner of the parcel shall be in written or verbal form. Whenever a change of ownership of a parcel of land occurs, the first determination of the existence of a public nuisance to occur after the date the change in ownership occurs shall be considered the first determination for that parcel of land. Any subsequent notices are not required.
2. In any case where the owner of a property shall fail to cut any grasses or weeds that constitute a public nuisance on any property owned or controlled by him/her within the required five days as set forth above, the Village may elect to:

1. To exercise jurisdiction over the construction and inspection of new one- and two-family dwellings;
2. To provide plan review and on-site inspections performed by persons or agencies certified by the Department of Commerce;
3. To establish and collect fees to defray costs; and
4. To provide remedies and penalties for violations.

1. The Building Department of the village shall be created by the President. The administrative authority shall be a state certified building inspector so designated by the appointing authority subject to confirmation.[2]
2. The appointing authority shall be the President of the village subject to confirmation by the Board.

1. Any person violating any provision of this chapter shall upon conviction thereof forfeit not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for the second and subsequent offenses within a period of one year and in the event of default in such payment shall be imprisoned not more than two days for the first offense and not more than 10 days for the second and subsequent offenses within one year, such imprisonment to be in the La Crosse County Jail. [Amended 10-12-2000 by Ord. No. 1.00; 5-11-2006 by Ord. No. 5.06]
2. Each day of violation of this chapter shall be deemed a separate violation and shall be prosecuted as such.
3. Any person(s) violating any provision of this chapter shall also be responsible for the cost associated with fire suppression for prohibited burning as listed under Chapter 33 of the Code of the Village of Holmen. Cost shall be determined by the Holmen Area Fire Chief and approved by the Village Board. A statement will then be submitted for payment. If said statement is not paid in full within 30 days thereafter, the Village Clerk shall enter the charge in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. [Added 1-10-2002 by Ord. No. 1.02]

• BOARD — The Village Board of the Village of Holmen.
• CABLE SYSTEM — An arrangement or combination of apparatus whereby video, audio, digital or other forms of electronic or electrical signals capable of being transmitted by co-axial cable or other suitable conductor to subscribing members of the public that may be received at one or more towers, antennas, or other devices. It shall also include transmission over such system of program materials originated by such system.
• FRANCHISE — An authorization issued by the Village of Holmen to construct and operate a cable system.
• GROSS REVENUE — All revenues actually received by the cable system, including revenues received from its affiliates or subsidiaries, from subscribers in connection with the operations of the cable system in the village, including: basic subscribers service fees, pay channel service fees, installation and reconnection fees, converter and remote control rentals, late fees, home shopping fees and other billable subscriber services except those excluded herein. The term does not include advertising revenues, leased channel fees, enhanced telecommunication services revenues, studio rentals, production equipment rentals or any taxes on services provided by a grantee and imposed directly upon any subscriber or used by the state, county or village or other governmental unit and collected by a cable system on behalf of said unit.
• PERSON or APPLICANT — Any person, firm, partnership, association, company or organization of any kind.
• SUBSCRIBERS — Any person receiving for any purpose the cable service, or such other service as may be licensed by the village.
• VILLAGE — The Village of Holmen.

1. All persons applying for licenses to operate a cable system shall make written application to the Village Clerk at least 30 days prior to the date in which such person desires to commence operations. If the applicant be an individual, he shall list his name, address, occupation, number of other community antenna systems owned or operated by him and in which he has any interest, and shall include a detailed explanation of the nature, extent and scope of operation of the system in which said applicant proposes to operate and shall further include a complete financial statement of the applicant, and description of the technical characteristics, channel capacity, initial channel carriage and location of distribution plant.
2. If the applicant be a partnership or any unincorporated association, the applicant shall state the names of the partners or members. All general and limited partners shall be so set forth. In addition, the application shall contain all the information required by Subsection A above.
3. If the applicant be a corporation, the applicant shall list the names and degree of financial interest of each stockholder in said corporation and in addition shall contain all the information required by Subsection A above.
4. The application shall be accompanied by cash or a certified check up to the amount of $100 which sum shall be the fee required by any license granted under this section. The application fee shall be returned to the applicant if his application be not granted.

1. Use of streets. All transmission and distribution structures, lines, and equipment erected by the licensee within the village shall be located on, or in, present distributions systems of the Century Telephone Corporation, the Northern States Power Company, GTE or the Trempealeau Electric Co-op. If it becomes necessary in the operation of the cable system to construct or erect poles or underground installations over and above those owned by the aforementioned public utilities, such poles or underground installations shall be located as to cause minimum interference with the proper use of the streets, alley and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of the property owners who adjoin any of the said streets, alleys or public ways and places, and may only be erected or constructed upon written application to the Village Board, whose decision as to whether or not permission shall be granted and the location of poles shall be final.
2. Restoration of streets. In case of any disturbance of pavement, sidewalks, driveways, boulevards, or any other public ground, the licensee shall, at its own cost and expense, and in a manner approved by the Board, replace and restore all paving, sidewalks, driveway or surface of any street or alley disturbed or any boulevard in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of one year.
3. Alteration of streets. In the event at any time during the period the cable system or any other system is licensed under the provisions of this chapter, the village shall elect to alter, or change the grade of any street, alley, or other public way, the licensee, upon reasonable notice by the village, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and any other fixtures at its own expense.
4. Interference with utilities. Under no circumstances shall the licensee be permitted to place poles or other fixtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant or main, and all poles or other fixtures permitted to be placed in any street, alley or rights-of-way shall be as prescribed and directed by the Village Board.
5. Moving of buildings. The licensee shall, upon the request of any person holding a building-moving permit issued by the village, temporarily raise or lower its lines or disconnect or take down to permit the moving of buildings. The expense of such removal, raising or lowering of wires shall be paid by the person requesting same, and the licensee shall be given not less than 72 hours' advance notice to arrange for such temporary wire changes.
6. Installation of cables. Cables shall be installed only on such street or roads and on such poles at such height and such location, in such manner as shall be approved by the Village Board.
7. Village's right to use licensee's poles. The Fire Department or any other department of the village shall have the specific right to use any pole placed by any licensee under the terms and conditions of this chapter for the installation of fire alarm cables, wires, or equipment without any charge to the village.
8. Forfeiture of franchise. In addition to all other rights and powers pertaining to the village by virtue of this franchise or otherwise, the village reserves the right to terminate and cancel this franchise and all rights and privileges of the licensee hereunder in the event that the licensee:
   1. Violates any provision of this franchise or any rule, order or determination of the village made pursuant to this franchise, except where such violation, other than of Subsection H(2) below is without fault or through excusable neglect.
   2. Becomes insolvent, unable or unwilling to pay his debt and taxes or is adjudged a bankrupt.
   3. Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the village or any citizen of the village.
9. Service to commerce. As a condition to applicants' retaining any license granted hereunder, applicants shall, within a period of 60 days from date of issuance of any license, initiate best procedures to determine what television signal service will be available and shall inform the Village Clerk at the completion of such tests what signals appear to be reasonably available to residents of the village.

1. The licensee shall maintain its service with reasonable standards regarding uniformity of transmission, noise levels, and channel signals voltages. For the purpose of implementing the terms of this section, the licensee shall make available, without charge, test equipment so that the village might perform periodic tests to determine whether such standards are being complied with and shall cooperate with the village, or its official representatives, in conducting such tests. The licensee further agrees to pay such reasonable fees for such tests and for installation inspections as the Village Board may establish. The licensee's distribution systems shall conform to the requirements of the FCC, particularly with respect to freedom from spurious radiation. The antenna and receiving equipment shall be installed and maintained so as to give a reasonable noise-free picture on each channel. The installation and maintenance of equipment shall also be such that no unreasonable intermodulation distortion will occur. The licensee cannot deny access to cable services because of income of the residents of Holmen. The licensee will offer a device to block out unwanted channels to all subscribers.
2. The licensee shall, as reasonably as possible, considering the current state of technology, provide clear and uninterrupted service. The licensee shall maintain a La Crosse County business office where the licensee shall provide for a reasonable method of processing and resolving complaints of subscribers and shall keep a record of each subscriber complaint lodged and the resolution, if any, of the problem. This record shall be open to inspection by the Village Board or the Village Clerk at reasonable times during business hours. Complaints shall be handled by the licensee in a courteous and efficient manner at all times. Customers and potential customers shall be able to communicate with the cable system without incurring any long distance toll charges.

1. In further consideration of the granting of a license under this chapter, the licensee shall pay the following sum to the Village of Holmen: 1.5% of gross revenues per year. Payment shall be made by the licensee on the 15th day of each month after the issuance of the license. No later than May 1 of each year, the cable system shall provide to the village a report of the previous calendar year's gross revenue. Any discrepancy between the previous year's franchise fee paid and the amount verified in the annual report shall be reflected in the June payment. The acceptance of any monthly payment by the cable system to the village shall not be construed as a release or as an accord and satisfaction of any claim the village may have for further or additional sums payable as a franchise fee. The cable system shall pay the village 1 1/2% interest per month on all due but unpaid franchise fees.
2. The village shall have the right to inspect the licensee's records showing the average number of active subscribers the first of each month and the gross subscriber revenues from service in the area governed by the village based upon which its license payments are computed and shall have the right to audit and recomputation of any and all amounts paid under the license.

1. No monitoring of any terminal connected to the system shall take place without, on each occasion, except sweeps for the purpose of system integrity, specific written authorization by the user at the terminal in question. A cable system shall not, except as required by governmental action, provide any data concerning specific subscribers or users or their use of subscriber service except in compliance with the Cable Act, provided, however, that it may provide such information to its parent, affiliates, or subsidiaries.
2. Subscribers and users shall retain the right to deactivate their terminals, but shall continue to be responsible for charges until the licensee is notified to terminate service. During normal business working hours, the licensee's office must be open and able to accept payments, exchange, or accept return of converters, schedule and conduct service or technician calls, and answer subscriber inquiries. The licensee shall provide subscribers with a local or toll-free line, either staffed or with answering capabilities, which shall be available to subscribers 24 hours a day.
3. The licensee shall answer service requests within 24 hours, excluding weekends and holidays. Problems should be rectified within 48 hours or, in case of a dispute, in fewer than 30 days. Upon interruption of a subscriber's cable service for periods in excess of 48 hours, except for acts of God or with express prior permission of the village, the licensee shall rebate to the subscriber that portion of the monthly service charge equal to that portion of the month for which service is interrupted.

1. An owner or operator of an apartment building, condominium, nursing home, mobile home park, or any other rental facility may not interfere with or charge a fee for the installation of cable system facilities for the use of a lessee of said property or premises, except that such owner or operator may require:
   1. Installation to conform to reasonable conditions necessary to protect the safety, appearance, and functioning of the premises.
   2. The licensee, occupant, or tenant to pay for the installation, operation, or removal of such facilities.
   3. The licensee, occupant, or tenant to agree to indemnify the owner or operator for any damages caused by the installation, operation, or removal of such facilities.
2. It shall be unlawful for the licensee to reimburse or offer to reimburse any person, or for any person to demand or receive reimbursement from the licensee, for the placement upon the premises of such person's premises to the distribution lines of the grantee to provide cable service to said premises. A landlord may not discriminate in the amount of rent charged to tenants or occupants who receive cable service and those who do not.

1. All rights and remedies given to the village under this chapter, a franchise, and a franchise agreement shall be in addition to and cumulative with each other and with any and all other rights and remedies, existing or implied, now or hereafter available to the village, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically provided or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the village in its sole judgment and discretion, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default. The exercise of any such right or remedy by the village shall not release the licensee from its obligations or any liability under this chapter, a franchise, or a franchise agreement.
2. A licensee is not responsible for failure to provide service when that failure is caused by acts of God, strikes, governmental or military action, or other conditions beyond its control including the lack of material or parts.
3. The licensee will comply with all requirements of the 1984 and 1992 Cable Acts.

1. Building Inspector.
2. Fire Inspector.
3. Heating, Ventilating and Air Conditioning Inspector.
4. Electrical Inspector.
5. Plumbing Inspector.
6. Weed Commissioner.

1. The name, address, date of birth and physical description of the alleged violator.
2. The factual allegations describing the alleged violation.
3. The date and place of the offense.
4. The section of the ordinance violated.
5. A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
6. The time at which the alleged violator may appear in court.
7. A statement which in essence informs the alleged violator:
   1. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
   2. That if the alleged violator makes such a deposit, he need not appear in court unless subsequently summoned.
   3. That if the alleged violator makes a cash deposit and does not appear in court, he will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by W.S.A. s. 165.87 and court costs as imposed by W.S.A. s. 800.10, not to exceed the amount of the deposit, or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
   4. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by W.S.A. s. 165.87.
8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under Subsection G and shall send the signed statement with the cash deposit.
9. Such other information as may be deemed necessary.

1. Adoption of this chapter does not preclude the Village Board from adopting any other ordinance providing for the enforcement of any other law or ordinance relating to the same or other matters.
2. The issuance of a citation hereunder shall not preclude the village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

• 101.123 287.81 938.983      Clean Indoor Air Littering Purchase or Possession of Tobacco Products Prohibited

1. Caused negative impacts on water quality or the use or maintenance of one's property or business; or
2. Endangered one's health, safety, or general welfare.

1. Structural development, including construction of a new building or other structures.
2. Expansion or alteration of an existing structure that results in an increase in the surface dimensions of the building or structure.
3. Land-disturbing activities.
4. Creation or expansion of impervious surface.

1. The Village Board of the Village of Holmen finds that construction site erosion and uncontrolled stormwater runoff from land-disturbing and land development activities have significant adverse impacts upon regional water resources and the health, safety, property and general welfare of the community, and diminish the public enjoyment and use of natural resources. Specifically soil erosion and stormwater runoff can:
   1. Carry sediment, nutrients, pathogens, organic matter, heavy metals, toxins and other pollutants to regional lakes, streams and wetlands.
   2. Diminish the capacity of water resources to support recreational and water supply uses and a natural diversity of plant and animal life.
   3. Clog existing drainage systems, increasing maintenance problems and costs.
   4. Cause bank and channel erosion.
   5. Increase downstream flooding.
   6. Reduce groundwater recharge, which may diminish stream base flows and lower water levels in regional lakes, ponds and wetlands.
   7. Contaminate drinking water supplies.
   8. Increase risk of property damage and personal injury.
   9. Cause damage to agricultural fields and crops.
2. The Village Board of the Village of Holmen also finds that effective sediment and stormwater management depends on proper planning, design and timely installation of conservation and management practices and their continuing maintenance.

1. The purpose of this chapter is to set forth the minimum requirements for construction site erosion control and stormwater management that will diminish threats to public health, safety, public and private property and natural resources of the Village of Holmen.
2. This chapter is intended to regulate construction site erosion and stormwater runoff, to accomplish the following objectives:
   1. Promote regional stormwater management by watershed.
   2. Minimize sedimentation, water pollutions from nutrients, heavy metals, chemical and petroleum products and other contaminants, flooding and thermal impacts to the water resources of the Village of Holmen.
   3. Promote infiltration and groundwater recharge.
   4. Protect functional values of natural watercourses and wetlands.
   5. Provide a set of performance standards that are consistent with the standards set forth by La Crosse County.
   6. Achieve a reduction of 80% in sediment load rates to La Crosse County waters compared to no controls for all new development, a reduction of 40% in sediment load rates compared to no controls for all redevelopment and street reconstruction, and a reduction of 20% in sediment load rates compared to no controls for existing developments.
   7. Ensure no increase in temperature of stormwater post-construction in order to protect cold water communities.
   8. Ensure no increase in the rate of surface water drainage from sites during or after construction.
   9. Protect public and private property from damage resulting from runoff or erosion.

1. Land-disturbing activity in excess of 4,000 square feet
2. Land-disturbing activity on a slope of greater than 12%.
3. Land-disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material.
4. Land-disturbing activity that disturbs more than 100 linear feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel; including the placement, repair or removal of any underground pipe, utility or other facility within the cross section of the channel.
5. Any new public or private roads or access drives longer than 125 feet.
6. Development that requires a subdivision plat, as defined in the applicable local land division ordinance(s).
7. Land-disturbing activity that disturbs less than 4,000 square feet of land, including the installation of access drives, that the local approval authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include, but are not limited to, land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the local approval authority shall be in writing, unless waived by the applicant.

1. Any development(s) after the adoption date of this chapter that result(s) in the cumulative addition of 20,000 square feet of impervious surface to the site.
2. Any development that requires a subdivision plat, as defined in applicable local land division ordinance(s).
3. Any development that requires a certified survey map, as defined in the applicable local and land division ordinance(s); for property intended for commercial or industrial use.
4. Redevelopment, as defined in § 56-2, shall meet the following stormwater management performance standards: § 56-11B(1)(b), (2), (3), (4) and (5).
5. Other land development activities, including, but not limited to, redevelopment or alteration of existing buildings and other structures that the local approval authority determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact a lake, stream or wetland area. All such determinations shall be made in writing unless waived by the applicant.

1. The following activities are exempt from all requirements of this chapter:
   1. Any activity directly related to the planting, growing and harvesting of agricultural crops.
   2. Construction of agricultural buildings, provided the resulting new total impervious surface area does not exceed 20,000 square feet.
2. The following activities are exempt from the construction site erosion control provisions of § 56-5.
   1. One- and two-family dwelling units regulated under the Wisconsin Uniform Dwelling Code.[2] The Village of Holmen shall regulate these sites during the period that residential building permits are in effect, consistent with then-existing Wisconsin Uniform Dwelling Code requirements.
   2. Construction of public buildings and buildings that are places of employment relating to activities specifically regulated by the Wisconsin Department of Commerce during the period that Department of Commerce authorized building permits are in effect and specific erosion control procedures on these construction sites are effective, pursuant to Section 101.1205, Wisconsin Statutes.
   3. State building projects subject to Section 13.48 (13), Wisconsin Statutes, and state highway projects subject to Wisconsin Administrative Code Chapter Trans 401.
3. Notwithstanding the language in Subsection B(2), activities unrelated to actual building construction shall be subject to all the requirements of this chapter. These activities shall include, but are not limited to:
   1. Land-disturbing activity prior to excavation for foundation work.
   2. Landscaping.
   3. Installation of driveways, parking areas and sidewalks.
   4. Earthwork on an area greater than 4,000 square feet on sites not directly related to structural concerns.
   5. Development of ponds and channelized watercourses, commercial parks and landing strips or airport runways.
4. Notwithstanding the language of Subsection B(3), the following activities are subject to the requirements of this chapter.
   1. Buildings and activities of municipalities.
   2. Buildings and activities of school districts.
   3. Local highway projects.
   4. Municipal streets.    

1. preliminary review letter provides a potential permit applicant with an initial simple evaluation of whether erosion and stormwater control standards can be met for a proposed site, lot layout or construction design. This review is intended to assist applicants in preparing general site plans and other submittals necessary to obtain an erosion control and stormwater permit. A preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.

1. No activity meeting the criteria described in § 56-5 or 56-6 shall occur and no zoning permit may be issued until an erosion control and stormwater control permit is issued by the local approval authority.
2. The applicant must provide the following when requesting a permit:
   1. Completed application form.
      1. The application must be signed by the landowner or include a notarized statement signed by the landowner authorizing the applicant to act as the landowner's agent and bind the landowner to the terms of this ordinance.
      2. If a landowner appoints an agent to submit an application pursuant to Subsection B(1)(a), the landowner shall be bound by all the requirements of this chapter and the terms of any permit issued to the agent.
   2. Fees as required by § 56-15.
   3. Copy of preliminary review letter, as described in § 56-8, if applicable.
   4. If required by § 56-5, an erosion control plan meeting all the standards of § 56-10, or a simplified checklist as described in § 56-10.
   5. If required by § 56-6, a stormwater management plan meeting all of the standards of § 56-11 and a draft maintenance agreement as described in § 56-11A(9).
   6. Copies of permits or permit applications or approvals required by any other governmental entity.
   7. A proposed timetable and schedule for completion and installation of all elements of approved erosion control and stormwater management plans and a detailed schedule for completion of construction.
   8. An estimate of the cost of completion and installation of all elements of the approved erosion control and stormwater management plans.
   9. Evidence of financial responsibility to complete the work proposed in the plan. The local approval authority may require a financial security instrument sufficient to guarantee completion of the project.
3. Approval process.
   1. The local approval authority shall verify that the permit application is complete under § 56-9B. The local approval authority shall then forward plan(s) to the plan review agency for review and approval. Plan review staff shall review the plan(s) for compliance with the standards identified in §§ 56-10 and 56-11.
   2. Within the time frame set by the local approval authority, the plan review staff shall either approve the submitted plan or notify the local approval authority of any deficiencies. Staff engaged in this review and approval process shall be certified where appropriate by the Wisconsin Department of Commerce for this purpose.
   3. The local approval authority shall notify the applicant in writing of any deficiency in the proposed plan, and the applicant shall be given an opportunity to correct any deficiency.
   4. Where installed stormwater practices will be privately-owned, an affidavit which describes the property legal description, notifying prospective purchasers of the existence of a stormwater permit issued under this chapter and applicable plan, timetables and potential liability imposed by Subsection H(3) for failure to bring the property into compliance with this chapter after notification, shall be recorded with the La Crosse County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
   5. Upon approval of the plan review agency, the erosion control or stormwater management permit shall be issued by the local approval authority after the applicant has met all other requirements of this chapter.
4. Permit conditions.
   1. The plan shall be implemented prior to the start of any land-disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.
   2. The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with an approved plan.
   3. Application for a permit shall constitute express permission by the permittee and landowner for the local approval authority to enter the property for purposes of inspection under Subsection E(5) or curative action under Subsection H(3). The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
   4. All incidental mud-tracking off site onto adjacent public thoroughfares shall be cleaned up and removed by the end of each working day using proper disposal methods.
5. Inspections.
   1. Application for a permit under this chapter shall constitute permission by the applicant and landowner for the local approval authority to enter upon the property and inspect during the construction phase, prior to the inspections pursuant to Subsection E(4) and (6), as necessary to confirm compliance with the requirements of this chapter.
   2. As part of the plan approval process, the local approval authority, shall determine the minimum number of inspections required to assure compliance. The site of any regulated land-disturbing activity shall be inspected once every 30 days, or more frequently as determined by the local approval authority during the construction phase with assistance from the plan review agency staff.
   3. Within 10 days after installation of all practices in an approved erosion control plan and achievement of soil stabilization, the permittee shall notify the local approval authority.
   4. The local approval shall inspect the property to verify compliance with the erosion control plan within 10 days of notification of soil stabilization.
   5. Within 10 days after installation of all practices in an approved stormwater management plan, the permittee shall notify the local approval authority and submit drawings documenting construction. The person who designed the stormwater management plan for the permittee shall submit as-built certification to ensure that constructed stormwater management practices and conveyance systems comply with the specifications included in the approved plans. At minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the local approval authority.
   6. The local approval authority shall inspect the property to verify compliance within 10 days of notification.
   7. Maintenance is the responsibility of the owner, and facilities are subject to inspection and orders for repairs.
6. Permit transfers.
   1. When a permittee and landowner act to transfer an interest in property subject to an approved plan prior to the proposed steps to attain soil stabilization, the permittee must secure approval from the local approval authority.
   2. When a permittee and landowner transfer ownership, possession or control of real estate subject to either or both an uncompleted erosion control or stormwater management plan, the successor in interest to any portion of the real estate shall be responsible to control soil erosion and runoff and shall comply with the minimum standards provided in this chapter.
   3. When ownership, possession or control of property subject to an uncompleted erosion control or stormwater management plan, or both, is transferred, the former owner (seller) shall notify the new owner (buyer) as to the current status of compliance, with notice to the authority, and provide a copy of the erosion control plan or stormwater management plan, or both.
   4. Transfers of interest in real estate subject to an approved, uncompleted plan may be conducted consistent with this chapter under any of the following arrangements:
      1. The transferee shall file a new, approved erosion control or stormwater management plan, or both, with the authority.
      2. The transferee shall obtain an approved assignment from the authority as subpermittee to complete that portion of the approved plan regulating soil erosion and runoff on the transferee's property.
      3. The permittee shall provide the authority with a duly completed and executed continuing surety bond or certified check in an amount sufficient to complete the work proposed in the approved plan; at the time of transfer, the permittee may seek to reduce the surety bond or certified check to the appropriate amount to complete remaining work. If the transferor enters into escrow agreements with transferees to complete an approved plan, these funds shall be available to the authority to attain plan compliance. When an approved erosion control plan and, if required, a stormwater management plan is or are not completed as proposed, the authority may use the surety bond to complete remaining work to achieve plan compliance.
7. Plan or permit amendments. Any proposed modifications to approved plans, construction schedules or alterations to accepted sequencing of land-disturbing site activities shall be approved by the local approval authority in consultation with the plan review agency prior to implementation of said changes.
8. Enforcement; stop-work order.
   1. Whenever the local approval authority finds any noncompliance with the provisions of this chapter the local approval authority shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance, if such person is readily available. If the owner or person performing the work is not readily available, that person refuses to voluntarily comply immediately or the noncompliance presents an imminent danger or will cause or threatens to cause bodily injury or damage to off-site property, including, but not limited to, off-site runoff, the local approval authority shall post in a conspicuous place on the premises, a stop-work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.
   2. The stop-work order shall provide the following information: date of issuance, identifying information, reason for posting and the signature of the inspector posting the card.
   3. It shall be a violation of the chapter for the unauthorized removal of the stop-work order from the premises.
   4. In addition to posting a stop-work order, the local approval authority shall provide notification to the owner or contractor by personal service, written notice by certified mail or facsimile transmission.
   5. The permittee, landowner and contractor shall have 24 hours from the time and date of notification by the local approval authority to correct any noncompliance with the plan, when notification is by either personal communication of noncompliance to the owner or contractor or their respective agents or written notice sent by certified mail to the owner or contractor.
   6. If notice is not provided under Subsection H(5), the permittee and landowner shall have 72 hours to correct any noncompliance with the plan when notification is by posting notice in a conspicuous place on the site or sending notice by facsimile transmission to the owner or contractor.
   7. If any noncompliance is not corrected within the time periods specified in Subsection H(5) or (6), the permittee and landowner authorize the local approval authority to take any action, to perform any work or to commence any operations necessary to correct conditions upon the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee and landowner further consent to reimburse the authority for the total costs and expenses of the aforementioned actions, said reimbursement may be collected as a special charge upon the property for current services rendered as provided by law.
   8. If the permittee has filed an appeal under § 56-14A(1) prior to the expiration of the time for compliance under Subsection H(6), the local approval authority may take action, perform work or correct conditions only to the extent necessary to protect against or correct an imminent hazard or a condition that will cause or threatens to cause personal injury or damage to off-site property.
9. Penalties.
   1. Any person or persons, firm, company or corporation, owner, occupant or other user of the premises who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture of not less than $100 nor more than $500 and costs. Each day that a violation exists shall constitute a separate offense.
   2. Any person who has the ability to pay any forfeiture entered against him or her under this chapter, but refuses to do so, may be confined in the county jail until such forfeiture is paid, but in no event to exceed 30 days. In determining whether an individual has the ability to pay a forfeiture, all items of income and all assets may be considered regardless of whether or not such income or assets are subject to garnishment, lien or attachment by creditors.
   3. As a substitute for or as an addition to forfeiture actions under Subsection I(1) or corrective action under Subsection H(7), the Village Attorney is authorized to seek enforcement of any part of this chapter by court action seeking injunctive relief. It shall not be necessary for the Village to take corrective action or prosecute for forfeiture before resorting to injunctive relief.
10. Fees. The permit fee shall be payable at the time an application for either an erosion control or a stormwater management permit, or both, is submitted.

1. Plan materials. Erosion control plans required under § 56-5 may include consideration of adjoining landowners' cooperative efforts to control transport of sediment and, except as specifically exempted below, shall include at a minimum, the following information:
   1. Limits of disturbed area.
   2. Limits of impervious area.
   3. Cross sections of and profiles within road ditches.
   4. Culvert sizes.
   5. Direction of flow of runoff.
   6. Watershed size for each drainage area.
   7. Design discharge for ditches and structural measures.
   8. Runoff velocities.
   9. Fertilizer and seeding rates and recommendations.
   10. Time schedules for stabilization of ditches and slopes.
   11. Description of methods by which sites are to be developed.
   12. Provision for sequential steps mitigating erosive effect of land-disturbing activities to be followed in appropriate order and in a manner consistent with accepted erosion control methodology suitable to proposed sites and amenable to prompt revegetation.
   13. Provisions to prevent mud-tracking off site onto public thoroughfares during the construction period.
   14. Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features of the site.
2. Simplified plan checklist.
   1. Applicants may submit erosion control proposals using simplified checklists of standard erosion control practices, on a standard form approved by the local approval authority, wherever all the following conditions exist:
      1. The site does not exceed 20,000 square feet in area.
      2. The slope of the land does not exceed 6% throughout the site.
   2. Simplified plan checklists shall be reviewed by the local approval authority for completeness and accuracy.
3. Erosion control performance standards.
   1. Proposed design, suggested location and phased implementation of effective, practicable erosion control measures for plans shall be designed, engineered and implemented to achieve the following results:
      1. Prevent gully and bank erosion.
      2. Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed 7.5 tons per acre annually.
   2. Plan compliance under Subsection C(1) shall be determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by the La Crosse County Conservationist that considers season of year, site characteristics, soil erodibility and slope.
   3. Erosion control measures for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant's site.

1. Plan materials. Stormwater management plans shall satisfy all the requirements in Subsection B, and shall address at a minimum the following information:
   1. A narrative describing the proposed project, including implementation schedule for planned practices.
   2. Identification of the entity responsible for long-term maintenance of the project.
   3. A map showing drainage areas for each watershed area.
   4. A summary of runoff peak flow rate calculations, by watershed area, including:
      1. Preexisting peak flow rates.
      2. Post-construction peak flow rates with no detention.
      3. Post-construction peak flow rates with detention.
      4. Assumed runoff curve numbers (RCNs).
      5. Time of concentration (Tc) used in calculations.
   5. A complete site plan and specifications, signed by the person who designed the plan. All plans shall be drawn to an easily legible scale, shall be clearly labeled, and shall include, at a minimum, all of the following information.
      1. Property lines and lot dimensions.
      2. All buildings and outdoor uses, existing and proposed, including all dimensions and setbacks.
      3. All public and private roads, interior roads, driveways and parking lots. Show traffic patterns and type of paving and surfacing material.
      4. All natural and artificial water features, including, but not limited to, lakes, ponds, streams (including intermittent streams), and ditches. Show ordinary high water marks of all navigable waters, one-hundred-year flood elevations and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense.
      5. Depth to bedrock.
      6. Depth to seasonal high water table.
      7. The extent and location of all soil types as described in La Crosse County Soil Survey, slopes exceeding 12%, and areas of natural woodland or prairie.
      8. Existing and proposed elevations (referenced to the North American Vertical Datum of 1988, where applicable) and existing and proposed contours in the area requiring a grading and filling permit.
      9. Elevations, sections, profiles and details as needed to describe all natural and artificial features of the project.
      10. Soil erosion control and overland runoff control measures, including runoff calculations as appropriate.
      11. Detailed construction schedule.
      12. Copies of permits or permit applications required by any other governmental entities or agencies.
      13. Any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features.
      14. Location of all stormwater management practices.
      15. All existing and proposed drainage features.
      16. The location and area of all proposed impervious surfaces.
      17. The limits and area of the disturbed area.
   6. Engineered designs for all structural management practices.
   7. A description of methods to control oil and grease or written justification for not providing such control.
   8. If required under Subsection B(7)(a) a description and plans to control temperature of runoff.
   9. A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in § 56-9.
2. Stormwater management performance standards. Proposed design, suggested location and phased implementation of effective, practicable stormwater management measures for plans shall be designed, engineered and implemented to achieve the following results:
   1. Sediment control.
      1. For new construction, design practices to retain soil particles greater than five microns on the site (reduction of 80%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.
      2. For redevelopment resulting in exposed surface parking lots and associated traffic areas, design practices to retain soil particles greater than 20 microns on the entire site (reduction of 40%) resulting from a one-year twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension. Under no circumstances shall the site's existing sediment control level or trapping efficiency be reduced as a result of the redevelopment.
   2. Oil and grease control. For all stormwater plans for commercial or industrial developments and all other uses where the potential for pollution by oil or grease, or both, exists, the first 0.5 inch of runoff will be treated using the best oil and grease removal technology available. This requirement may be waived by the plan reviewer only when the applicant can demonstrate that installation of such practices is not necessary.
   3. Runoff rate control: hydrologic calculations. All runoff calculations shall be according to methodology described in the Natural Resources Conservation Service's Technical Release 55, "Urban Hydrology for Small Watersheds" (commonly known as "TR-55"), or other methodology approved by the La Crosse County Conservationist. For agricultural land subject to this section, the maximum runoff curve number (RCN) used in such calculations shall be 51 for HSG A, 68 for Hydrolic Soil Group B, 79 for HSG C, and 84 for HSG D. The TR-55 specified curve numbers for other land uses shall be used for heavily disturbed sites and will be lowered one permeability class for hydrologic calculations. Lightly disturbed areas require no modification. Where practices have been implemented to restore soil structure to predeveloped conditions, no permeability class modification is required.
   4. Runoff rate control: design standards. All stormwater facilities shall be designed, installed and maintained to effectively accomplish the following:
      1. Maintain predevelopment peak runoff rates for the two-year, twenty-four-hour storm event (2.9 inches over 24 hours' duration).
      2. Maintain predevelopment peak runoff rates for the ten-year, twenty-four-hour storm event (4.2 inches over 24 hours' duration).
      3. Safely pass the one-hundred-year, twenty-four-hour storm event (6.0 inches over twenty-four-hour duration).
   5. Outlets. Discharges from new construction sites must have a stable outlet capable of carrying designed flow as required in Subsection B(4), at a nonerosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or water body.
   6. Infiltration. All downspouts, driveways and other impervious areas shall be directed to pervious surfaces, where feasible, or unless the applicant can demonstrate that the practice is likely to result in groundwater contamination.
   7. Thermal control.
      1. The stormwater management plan shall include provisions and practices to reduce the temperature of runoff for sites located within the watershed of a river or stream identified by the Wisconsin Department of Natural Resources as:
         1. A cold water community as identified through NR 102.04(3)(a), NR 104, Wisconsin Administrative Code, and Class I, Class II and Class III Trout Streams identified in "Wisconsin Trout Streams," DNR publication 6-3600(80) or its successor.
         2. Rivers or streams proposed by the Wisconsin Department of Natural Resources as cold water communities and Class I, II and III Trout Streams.
      2. Thermal control, continued. The stormwater management plan does not have to meet the requirements in Subsection B(7)(a) if the applicant can justify by use of a model approved by the La Crosse County Conservationist that practices are not necessary because the temperature increase of runoff from the site postdevelopment will be zero.
      3. Thermal control, continued. A current list and maps of affected watersheds shall be available for reference at the office of the local approval authority and the plan review agency.
   8. Stormwater management goals. The following standards shall be met whenever possible, and proposed design, suggested location and implementation of practices to meet these goals shall be included in plans:
      1. For existing development, design practices to retain soil particles greater than 40 microns on the site (reduction of 20%) resulting from a one-year, twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.
      2. For street reconstruction, design practices to retain soil particles greater than 20 microns on the site (reduction of 40%) resulting from a one-year, twenty-four-hour storm event, according to approved procedures, and assuming no sediment resuspension.

1. The facility is in place.
2. The facility is designed and adequately sized to provide a level of stormwater control that at least meets the chapter standards.
3. The facility has a legally obligated entity responsible for its long-term operation and maintenance.

1. Natural Resources Conservation Service's "Field Office Technical Guide, Chapter 4," or its successor.
2. Wisconsin Department of Natural Resources' "Wisconsin Construction Site Best Management Practice Handbook," or its successor.
3. Any other technical methodology approved by the La Crosse County Conservationist.

1. Appeals.
   1. Any person aggrieved by any decision of the local approval authority pursuant to this chapter may appeal to the Village Board of Appeals. Such appeal shall be taken within 45 days after the challenged decision. Notice of appeal setting forth the specific grounds for the appeal shall be filed with the local approval authority and the Board of Appeals. The Zoning Administrator shall forthwith transmit the record upon which the action was taken.
   2. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Chapter 985, Wisconsin Statutes, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear in person or by agent or attorney.
   3. The Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and shall have all the powers of the officer from whom the appeal is taken.
   4. The concurring vote of four members of the Board of Appeals shall be necessary to reverse the decision of the local approval authority.
2. Variances.
   1. An applicant may include in the application a request for a variance from the requirements of §§ 56-10 and 56-11. No variance shall be granted unless the applicant demonstrates and the local approval authority, after consultation with the County Conservationist, finds that all of the following conditions are present:
      1. Enforcement of the standards set forth in this chapter will result in unnecessary hardship to the landowner.
      2. The hardship is due to exceptional physical conditions unique to the property.
      3. Granting the variance will not adversely affect the public health, safety or welfare, nor be contrary to the spirit, purpose and intent of this chapter.
      4. The project will have no impact upon any of the stated purposes of this chapter as set forth in § 56-4.
      5. The applicant has proposed an alternative to the requirement from which the variance is sought that will provide equivalent protection to the public health, safety and welfare, the environment and public and private property.
      6. The net cumulative effect of the variance will not impact downstream conditions.
      7. Existing regional facilities are shown to meet the performance standards of this chapter.
   2. If all of the conditions set forth in Subsection B(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from the unnecessary hardship, with primary consideration to water quality.
   3. A variance from the provisions of § 56-11B(1), (2), and (7)(a) may only be granted if:
      1. The applicant has met the requirements of § 56-14B(1).
      2. The applicant will be denied all reasonable and beneficial use of the property if the variance is denied.
   4. A person aggrieved by a variance determination by the local approval authority may appeal the decision to the Board of Appeals pursuant to Subsection A.
   5. A person aggrieved by a decision of the Board of Appeals regarding a variance may appeal that decision to the La Crosse County Circuit Court.

1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
2. Discharges resulting from firefighting activities.
3. Discharges from uncontaminated groundwater, potable water sources, air-conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and municipal swimming pools, if the water has been dechlorinated.

1. The elimination of illicit connections or discharges.
2. That violating discharges, practices, or operations shall cease and desist.
3. The abatement or remediation of stormwater pollution or contaminated hazards and the restoration of any affected property.

1. In addition to any other requirements imposed by the Village of Holmen, County of La Crosse, and State of Wisconsin, any property owner, land developer, or any other person, "person" herein defined to include any individual, partnership, association, or corporation including public utilities, shall be required to obtain a written excavation permit from the Village of Holmen, Village of Holmen Clerk, before grading, stripping, or disturbing the terrain of any land within the Village of Holmen except for those lands used for agricultural purposes.
2. Any applicant for such a permit shall consult with the appropriate village officials or their designees for assistance in determining the measures necessary to minimize on-site environmental damage in a manner and time frame consistent with approved soil conservation techniques. Prior to the issuance of an excavation permit, the Village Board of the Village of Holmen may, at its discretion, after taking into consideration the nature and size of the excavation, stripping, or grading project, require an agreement from the property owner, land developer, or any other person as heretofore described specifying the measures to be taken to restore the terrain to an acceptable condition within recognized soil conservation standards. In order to ensure compliance with said agreement the Village Board of the Village of Holmen may, at its discretion, require a bond or other surety to ensure compliance with the requirements and conditions of such an agreement, the amount of which bond or surety shall depend upon the size of the excavation, stripping, or grading project.

1. The proper restoration of surface water flow courses, slopes and banks, including adequate sodding and seeding thereof, in accordance with acceptable soil conservation practices as adopted by the La Crosse County Soil and Water Conservation District and the Village Board of the Village of Holmen.
2. The proper replacement of any existing culverts or culvert structures which may have been moved or disturbed.
3. The proper restoration of any lands, including tamping and adequate seeding or sodding thereof, which have been disturbed by utility lines placed on any town road, public easements, rights-of-way, or any other public areas.

1. No person shall within the Village wear or in any manner carry under his/her clothes or conceal upon or about his/her person any dangerous weapon except that those individuals who carry a current and valid conceal and carry weapon license shall be allowed to wear or carry under his/her clothes or conceal upon or about his/her person a weapon, in those areas of the Village where allowed. A person with a current and valid conceal and carry weapon license may not carry a weapon, where it has been posted by the business or property owner that weapons are prohibited pursuant to § 943.13, Wis. Stats. This subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons.
2. "Conceal and carry weapon license" means a license issued under § 175.60, Wis. Stats., or a permit issued by another state designated by the Wisconsin Department of Justice authorized to carry concealed weapons in Wisconsin.
3. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
4. "Weapon" has the meaning given under § 175.60(1)(j), Wis. Stats., namely a handgun, not to include a machine gun, short barreled rifle or short barreled shotgun; electric weapon as defined in § 941.295, Wis. Stats.; knife, not including a switchblade knife; and a billy club.

1. No person shall carry or be possessed of a dangerous weapon or weapon in the Village of Holmen Police Department where such building has posted signs prohibiting weapons or firearms at all public entrances, pursuant to § 943.13(1m)(c)4, Wis. Stats.
2. The Village shall display a sign, in a place where a reasonable person can be expected to see it, which shall be a minimum of five inches by seven inches and that notifies all persons entering the building that weapons and firearms are prohibited pursuant to § 943.13(2)(bm)2.b, Wis. Stats.
3. This subsection shall not apply to peace officers or others duly authorized by law acting within the scope of their duties.

1. No person shall sell, manufacture, purchase, possess or carry a "numchuk" (also called a "nunchaku") or a "churkin" or a "sucbai" or similar weapon within the Village of Holmen.
2. For the purpose of this section, the following definitions shall apply:

1. Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratory for destruction.

1. Discharge of firearms and guns regulated. No person shall fire or discharge any cannon, gun, pistol, air or spring gun or any firearm of any description within the Village of Holmen without having first obtained written permission from the Chief of Police, which permission shall limit the time and fix the place of such shooting and shall be subject to be revoked at any time after the same may have been granted, except this section shall not be construed to prohibit the discharge of firearms by the Sheriff or any of his deputies, the Chief of Police or any of his subordinates or any public officer when required and made necessary in the performance of any duty imposed by law.
2. Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village of Holmen without first obtaining a permit to do so from the Chief of Police.

1. Guns, bows, crossbows and other weapons or instruments as described herein may be discharged within the confines of a gun or bow club or target range that has been authorized and properly zoned by the Village and is properly supervised by the owners or operators of such facility.
2. The Chief of Police may grant written permission to any party utilizing a sizable track of agricultural or conservancy land for hunting or recreational purposes.
3. The Chief of Police may grant written permission, which permission shall limit the time and fix the place of use of any firearm, weapon or instrument. Said permission shall be subject to be revoked at any time after it may have been granted.

1. Any person violating any provisions of this chapter shall be subject to a forfeiture of not less than $50 and the cost of prosecution and, in default of payment of such forfeiture and cost of prosecution, shall be imprisoned in the county jail until the forfeiture and cost of prosecution are paid, but not exceeding five days.
2. In addition to any penalty imposed, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parents of any unemancipated minor child may also be held liable for the cost of replacing or repairing damaged or destroyed property in accordance with Section 895.035, Wisconsin Statutes.

1. Protect life, health and property
2. Minimize expenditures of public funds for flood control projects;
3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4. Minimize business interruptions and other economic disruptions;
5. Minimize damage to public facilities in the floodplain;
6. Minimize the occurrence of future flood blight areas in the floodplain;
7. Discourage the victimization of unwary land and home buyers;
8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

1. Areas to be regulated. This chapter regulates all areas that would be covered by the regional flood or base flood.  ** Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A Zones on the Flood Insurance Rate Map.
2. Official maps and revisions.
   1. The boundaries of all floodplain districts are designated as floodplains or A Zones on the maps listed below. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Village Clerk, Village of Holmen. If more than one map or revision is referenced, the most restrictive approved information shall apply.
   2. Official maps:
      1. Flood Insurance Rate Map (FIRM) Panel Numbers 55063C0020D, 55063C0133D, 55063C0134D, 55063C0135D, 55063C0142D, 55063C0151D, 55063C0153D, and 55063C0161D, and Flood Insurance Study (FIS) numbers 55063CV001B and 55063CV002B, all dated January 6, 2012.
3. Establishment of districts. The regional floodplain areas are divided into three districts as follows:
   1. The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
   2. The Flood-Fringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway.
   3. The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood.
4. Locating floodplain boundaries. Discrepancies between boundaries on the official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the Map shall be amended according to Article VIII. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 71-28C, Subsection D(1) and (2) and the criteria in below.
   1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
   2. Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the Department. ** Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 71-32F.
5. Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Article VIII.  **Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a letter of map change (LOMC).
6. Compliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.
7. Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2002, Wis. Stats., applies.
8. Abrogation and greater restrictions.
   1. This chapter supersedes all the provisions of any municipal zoning ordinance enacted under §§ 59.69, 59.692 or 59.694, Wis. Stats., for counties; § 62.23, Wis. Stats., for cities; or § 61.35, Wis. Stats., for villages; or § 87.30, Wis. Stats., which relate to floodplains. If another ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
   2. This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
9. Interpretation. In their interpretation and application, the provisions of this chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this chapter, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
10. Warning and disclaimer of liability. The flood protection standards in this chapter are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This chapter does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this chapter create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this chapter.
11. Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
12. Annexed areas for cities and villages. The La Crosse County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
13. General development standards. The Village shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standard. All subdivision proposals (including manufactured homes) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter.

1. Except as allowed in Subsection C below, no floodplain development shall:
   1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
   2. Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot.
2. The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection C are met.
3. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Article VIII. Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.

1. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood-carrying capacity of any altered or relocated watercourse shall be maintained.
2. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.

1. The campground is approved by the Department of Health Services.
2. A land use permit for the campground is issued by the Zoning Administrator.
3. The character of the river system and the elevation of the campground are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants.
4. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation.
5. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection D, to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations.
6. Only easily removable tents and mobile recreational vehicles are allowed.
7. The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.
8. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.
9. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.
10. All structures that do not meet the definition of a camping unit or mobile recreational vehicle, or that remain in place for more than 180 consecutive days, must meet the applicable requirements in either Article III or Article IV for the floodplain district in which the structure is located.
11. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.
12. All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

1. Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
2. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 71-12D.
4. Uses or structures accessory to open space uses, or classified as historic structures that comply with §§ 71-12 and 71-13.
5. Extraction of sand, gravel or other materials that comply with § 71-12D.
6. Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chs. 30 and 31, Wis. Stats.
7. Public utilities, streets and bridges that comply with § 71-12C.

1. General.
   1. Any development in floodway areas shall comply with Article II and have a low flood-damage potential.
   2. Applicants shall provide the following data to determine the effects of the proposal according to § 71-6:
      1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
      2. An analysis calculating the effects of this proposal on regional flood height.
   3. The Zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection A(2) above.
2. Structures. Structures accessory to permanent open space uses, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
   1. The structure is not designed for human habitation and does not have a high flood-damage potential;
   2. It must be anchored to resist floatation, collapse and lateral movement;
   3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
   4. It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
3. Public utilities, streets and bridges may be allowed by permit, if:
   1. Adequate floodproofing measures are provided to the flood protection elevation; and
   2. Construction meets the development standards of § 71-6.
4. Fills or deposition of materials may be allowed by permit, if:
   1. The requirements of § 71-6 are met;
   2. No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and the other requirements of this section are met;
   3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
   4. The fill is not classified as a solid or hazardous waste material.

1. Habitable structures, structures with high flood-damage potential, or those not associated with permanent open space uses.
2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life.
3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts.
4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. Comm 83, Wis. Adm. Code.
5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.
6. Any solid or hazardous waste disposal sites.
7. Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code.
8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

1. Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood-fringe area, shall meet or exceed the following standards:
   1. The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance impractical and the Board of Adjustment/Appeals grants a variance.
   2. The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation.
   3. Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection A(4).
   4. In developments where existing street or sewer line elevations make compliance with Subsection A(3) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
      1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
      2. The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department.
2. Accessory structures or uses.
   1. Except as provided for in Subsection B(2), an accessory structure which is not connected to a principal structure shall be constructed with its lowest floor at or above the regional flood elevation.
   2. An accessory structure which is not connected to a principal structure and which is less than 600 square feet in size and is valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and shall meet all the provisions of § 71-12B (1), (2), (3) and (4) and Subsection E below.
3. Commercial uses. Any commercial structure which is erected, altered or moved into the flood-fringe area shall meet the requirements of § 71-16A. Subject to the requirements of Subsection E, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4. Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood-fringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other floodproofing measures in § 71-30. Subject to the requirements of Subsection E, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 71-30. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6. Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:
   1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with § 71-30 to the flood protection elevation.
   2. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7. Sewage systems. All on-site sewage disposal systems shall be floodproofed, pursuant to § 71-30, to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. Comm 83, Wis. Adm. Code.
8. Wells. All wells shall be floodproofed, pursuant to § 71-30, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
9. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.
10. Deposition of materials. Any deposited material must meet all the provisions of this chapter.
11. Manufactured homes.
    1. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval of and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
    2. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
       1. Have the lowest floor elevated to the flood protection elevation; and
       2. Be anchored so they do not float, collapse or move laterally during a flood.
    3. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the flood-fringe in § 71-16A.
12. Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 71-16K(2) and (3). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

1. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures;
2. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:
   1. A typical valley cross section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high-water information.
   2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
   3. Profile showing the slope of the bottom of the channel or flow line of the stream.
   4. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
3. Transmit one copy of the information described in Subsections A and B to the Department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 71-26A(3) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

1. Applicability. If these standards conform to § 59.69(10), Wis. Stats., for counties or § 62.23(7)(h), Wis. Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.
2. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:
   1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities.
   2. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted, and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this chapter.
   3. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
   4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 71-16A.
   5. Destruction or damage of structures.
      1. Except as provided in Subsection B(5)(b), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meets the ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
      2. For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder.
   6. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 71-12A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 71-30 are used.

1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
   1. Has been granted a permit or variance which meets all ordinance requirements;
   2. Meets the requirements of § 71-21;
   3. Will not increase the obstruction to flood flows or regional flood height; and
   4. Any addition to the existing structure shall be floodproofed, pursuant to § 71-30; by means other than the use of fill, to the flood protection elevation.
   5. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
      1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
      2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
      3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
      4. The use must be limited to parking or limited storage.
2. No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Ch. Comm 83, Wis. Adm. Code.
3. No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.

1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in § 71-16, except where § 71-23B is applicable.
2. Where compliance with the provisions of Subsection A would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood-damage potential, the Board of Adjustment/Appeals, using the procedures established in § 71-28, may grant a variance from those provisions of Subsection A for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
   1. No floor is allowed below the regional flood elevation for residential or commercial structures;
   2. Human lives are not endangered;
   3. Public facilities, such as water or sewer, will not be installed;
   4. Flood depths will not exceed two feet;
   5. Flood velocities will not exceed two feet per second; and
   6. The structure will not be used for storage of materials as described in § 71-16E.
3. If neither the provisions of Subsection A nor B above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood-fringe, if the addition:
   1. Meets all other regulations and will be granted by permit or variance;
   2. Does not exceed 60 square feet in area; and
   3. In combination with other previous modifications or additions to the building, does not equal or exceed 50% of the present equalized assessed value of the building.
4. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Ch. Comm 83, Wis. Adm. Code.
5. All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.

1. Advise applicants of the chapter provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
2. Issue permits and inspect properties for compliance with provisions of this chapter and issue certificates of compliance where appropriate.
3. Keep records of all official actions, such as:
   1. All permits issued, inspections made, and work approved.
   2. Documentation of certified lowest floor and regional flood elevations for floodplain development.
   3. Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures, including changes, appeals, variances and amendments.
   4. All substantial damage assessment reports for floodplain structures.
4. Submit copies of the following items to the Department regional office:
   1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.
   2. Copies of any case-by-case analyses, and any other information required by the Department, including an annual summary of the number and types of floodplain zoning actions taken.
   3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
5. Investigate, prepare reports, and report violations of this chapter to the municipal zoning agency and Attorney for prosecution. Copies of the reports shall also be sent to the Department regional office.
6. Submit copies of text and map amendments and biennial reports to the FEMA regional office.

1. Land use permit. A land use permit shall be obtained before any new development or any repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:
   1. General information:
      1. Name and address of the applicant, property owner and contractor.
      2. Legal description, proposed use, and whether it is new construction or a modification.
   2. Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
      1. Location, dimensions, area and elevation of the lot;
      2. Location of the ordinary high-water mark of any abutting navigable waterways;
      3. Location of any structures with distances measured from the lot lines and street center lines;
      4. Location of any existing or proposed on-site sewage systems or private water supply systems;
      5. Location and elevation of existing or future access roads;
      6. Location of floodplain and floodway limits as determined from the official Floodplain Zoning Maps;
      7. The elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
      8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Article III or Article IV are met; and
      9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 71-6. This may include any of the information noted in § 71-12A.
   3. Data requirements to analyze developments.
      1. The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as "subdivision" is defined in § 236, Wis. Stats., and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000. The applicant shall provide:
         1. An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;
         2. A map showing location and details of vehicular access to lands outside the floodplain; and
         3. A surface drainage plan showing how flood damage will be minimized.
      2. The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.
   4. Expiration. All permits issued under the authority of this chapter shall expire 180 days after issuance.
2. Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions:
   1. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this chapter.
   2. Application for such certificate shall be concurrent with the application for a permit.
   3. If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed.
   4. The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or registered architect that floodproofing measures meet the requirements of § 71-30.
3. Other permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

1. The Holmen Planning Commission shall:
   1. Oversee the functions of the office of the Zoning Administrator; and
   2. Review and advise the governing body on all proposed amendments to this chapter, maps and text.
2. This zoning agency shall not:
   1. Grant variances to the terms of the chapter in place of action by the Board of Appeals; or
   2. Amend the text or zoning maps in place of official action by the governing body.

1. Powers and duties. The Board of Appeals shall:
   1. Appeals: hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.
   2. Boundary disputes: hear and decide disputes concerning the district boundaries shown on the official Floodplain Zoning Map.
   3. Variances: hear and decide, upon appeal, variances from the chapter standards.
2. Appeals to the Board.
   1. Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected, by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.
   2. Notice and hearing for appeals including variances.
      1. Notice. The Board shall:
         1. Fix a reasonable time for the hearing.
         2. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing.
         3. Assure that notice shall be mailed to the parties in interest and the Department regional office at least 10 days in advance of the hearing.
      2. Hearing. Any party may appear in person or by agent or attorney. The Board shall:
         1. Resolve boundary disputes according to § 71-28C.
         2. Decide variance applications according to § 71-28D.
         3. Decide appeals of permit denials according to § 71-29.
   3. Decision. The final decision regarding the appeal or variance application shall:
      1. Be made within a reasonable time.
      2. Be sent to the Department regional office within 10 days of the decision.
      3. Be a written determination signed by the Chairman or Secretary of the Board.
      4. State the specific facts which are the basis for the Board's decision.
      5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application.
      6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
3. Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
   1. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
   2. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.
   3. If the boundary is incorrectly mapped, the Board should inform the Zoning Committee or the person contesting the boundary location to petition the governing body for a map amendment according to Article VIII.
4. Variance.
   1. The Board may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:
      1. Literal enforcement of the chapter provisions will cause unnecessary hardship;
      2. The hardship is due to adoption of the Floodplain Ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
      3. The variance is not contrary to the public interest; and
      4. The variance is consistent with the purpose of this chapter in § 71-3.
   2. In addition to the criteria in Subsection D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:
      1. The variance may not cause any increase in the regional flood elevation
      2. Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE.
      3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the chapter.
   3. A variance shall not:
      1. Grant, extend or increase any use prohibited in the zoning district.
      2. Be granted for a hardship based solely on an economic gain or loss.
      3. Be granted for a hardship which is self-created.
      4. Damage the rights or property values of other persons in the area.
      5. Allow actions without the amendments to this chapter or map(s) required in Article VIII.
      6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
   4. When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.

1. The zoning agency (§ 71-27) or Board shall review all data related to the appeal. This may include:
   1. Permit application data listed in § 71-26A.
   2. Floodway/flood-fringe determination data in § 71-20.
   3. Data listed in § 71-12A(2)(b), where the applicant has not submitted this information to the Zoning Administrator.
   4. Other data submitted with the application, or submitted to the Board with the appeal.
2. For appeals of all denied permits, the Board shall:
   1. Follow the procedures of § 71-28.
   2. Consider zoning agency recommendations; and
   3. Either uphold the denial or grant the appeal.
3. For appeals concerning increases in regional flood elevation, the Board shall:
   1. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.
   2. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot, provided no other reasons for denial exist.

1. No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation.
2. Floodproofing measures shall be designed to:
   1. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
   2. Protect structures to the flood protection elevation;
   3. Anchor structures to foundations to resist flotation and lateral movement; and
   4. Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
3. Floodproofing measures could include:
   1. Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris.
   2. Adding mass or weight to prevent flotation.
   3. Placing essential utilities above the flood protection elevation.
   4. Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.
   5. Constructing water supply wells and waste treatment systems to prevent the entry of floodwaters.
   6. Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

1. Place marks on structures to show the depth of inundation during the regional flood.
2. All maps, engineering data and regulations shall be available and widely distributed.
3. All real estate transfers should show what floodplain zoning district any real property is in.

1. Any change to the official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area.
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps.
3. Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more.
5. Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality.
6. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood-fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. Note: Consult the FEMA website, www.fema.gov., for a current map change fee schedule.

1. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats., for cities and villages or § 59-69, Wis. Stats., for counties.
2. No amendments shall become effective until reviewed and approved by the Department.
3. All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
4. For amendments in areas with no water surface profiles, the zoning agency or Board shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information. (See § 71-5D.)

1. Unless specifically defined below, words and phrases used in this chapter shall have the same meanings as they have at common law and to give this chapter its most reasonable application. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and not discretionary.
2. As used in this chapter, the following terms shall have the meanings indicated:

1. The overflow or rise of inland waters;
2. The rapid accumulation or runoff of surface waters from any source;
3. The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
4. The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior, or by the Secretary of the Interior in states without approved programs.

1. The purpose of this chapter is to promote the public health, safety and general welfare of the community and to facilitate the adequate provision of parks, playgrounds and other recreational facilities; storm and surface water collection and treatment facilities; water pumping, storage and distribution facilities; fire, police and emergency medical facilities; highways and transportation facilities; traffic control facilities; library facilities; sewage collection and treatment facilities; and solid waste and recycling facilities by imposing impact fees upon developers to pay for the capital costs of public facilities that are necessary to accommodate land development.
2. This chapter is intended to impose impact fees in order to finance public utilities and facilities, the demand for which is generated by new residential development. The Village is responsible for and will meet, through the use of general Village revenues, all capital improvement needs associated with existing development. Only needs created by new development will be met by impact fees. Impact fees shall be spent on new or enlarged capital facilities improvements required by new developments that pay the fees.

1. An inventory of existing public facilities, including an identification of any existing deficiencies in the quantity or quality of those public facilities for which an impact fee is imposed.
2. An identification of the new public facilities, or improvements or expansions of existing public facilities that will be required because of land development for which an impact fee is imposed.
3. A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities, including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the Village.

1. Bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve land development.
2. Do not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the Village.
3. Are based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities.
4. Do not prohibit or deter the construction of affordable housing within the Village.

1. Impact fees imposed by this chapter shall be reduced to the extent necessary:

1. The Village Board may, in its discretion, provide for an exemption from, or a reduction in the amount of impact fees imposed on a developer that provides low-cost housing in accordance with guidelines established by the Village Board, except no amount of any impact fee for which an exemption or reduction is provided under this section may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the Village.
2. New development in a tax incremental financing district, whether such district is now existing or created in the future, may be exempted from the imposition of impact fees for the reason that the Village desires to offer developers an incentive to create projects which will improve blighted neighborhoods and/or create opportunities for employment.

1. Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that may become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for the projects, to reimburse the Village or utility for advances of other funds or reserves, and such other purposes consistent with § 66.0617, Wis. Stats., which are recorded and approved by the Village Board.
2. The Village may issue bonds, revenue certificates, and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law in furtherance of the provision of capital improvement projects. Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other Village revenues as may be allowed by the Village Board. Impact fees paid pursuant to this chapter, however, shall be restricted to use solely and exclusively for financing directly or as a pledge against bonds, revenue certificates, and other obligations of indebtedness for the cost of capital improvements as specified herein.
3. These impact fees shall be collected until the capital costs associated with the projects specified in the Public Facilities Needs Assessment Report, as amended from time to time, have been incurred and satisfied. Said impact fees shall be used within the time periods specified in §§ 76-10C and 76-13 of this chapter. [Amended 12-8-2016 by Ord. No. 10-2016]

1. Payment of fee. A developer shall pay an impact fee for any new development (as distinguished from any alteration or addition to existing development) in full, to the Village Clerk or Treasurer, where applicable, as follows:

1. Separate fund account required. Revenues collected as impact fees shall be placed by the Village of Holmen Treasurer in segregated interest-bearing accounts and shall be accounted for separately from other funds of the Village of Holmen. Impact fee revenues and interest earned on impact fee revenues may be expended by the Village of Holmen only for the capital costs for which the impact fees were imposed and shall be expended on a first-in first-out basis.
2. Refund. Impact fees that are collected by the Village within seven years of the effective date of this chapter, for any facility described in the needs assessment, but are not expended or encumbered by the end of the calendar quarter immediately following 10 years after the effective date of this chapter, shall be returned to such landowner along with any interest that has accumulated in accordance with § 66.0617(9)(a), Wis. Stats. [Amended 12-8-2016 by Ord. No. 10-2016]

1. Upon receipt of impact fees, the Village Clerk, Treasurer or the utility manager, as applicable, shall be responsible for the placement of such funds into separate accounts as hereinafter specified. All such funds shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of Village or utility funds, as applicable. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account.
2. The Village Clerk, Treasurer or utility manager shall maintain and keep accurate financial records for each such account that shall show the source and disbursement of all revenues; that shall account for all monies received; that shall ensure that the disbursement of funds from each account shall be used for projects in the capital improvements program for the particular development subarea or for Village-wide capital improvements, as specified in the program; and that shall provide an annual report for each impact fee account showing the source and amount of all funds collected and the projects that were funded.
3. Review of development potential, capital improvements program and impact fees.

1. Notice of appeal. Any developer upon whom an impact fee has been imposed may contest the amount, collection or use of the impact fee by filing a notice of appeal to the Village Board. The notice of appeal shall be filed with the Village Clerk within 30 days of the date of the determination appealed from. The notice of appeal shall state in detail the relief sought by the developer and any legal or factual basis for the relief requested; and shall include all supporting documentation upon which the developer relies in making the appeal.
2. Appeal bond. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the Village Attorney in an amount equal to the impact fee due, as calculated by the Village Clerk or the Clerk's designee, and all other requirements have been satisfied, the plumbing or building permit may be issued or the final plan may be approved. The filing of an appeal shall not stay the collection of the impact fee due unless a bond or other sufficient surety has been filed.
3. Review by the Village Board.

1. Before enacting an ordinance that amends Chapter 76, the Village Board shall hold a public hearing on the proposed ordinance or amendment.
2. Pursuant to § 66.0617, Wis. Stats., notice of the public hearing referred to in the preceding subsection shall be published as a Class 1 notice under Ch. 985, Wis. Stats., and shall specify where a copy of the proposed ordinance or amendment and the public needs assessment may be obtained.
3. Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a needs assessment shall be prepared and made available for public inspection and copying as required by § 66.0617, Wis. Stats.

1. The provisions of this chapter are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience, and they shall be liberally construed to effectively carry out their purposes.
2. If any subsection, phrase, sentence, or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent, and such holding shall not affect the validity of the remaining portions thereof.

1. If a Retail Class "A" License, between 9:00 p.m. and 6:00 a.m., subject to W.S.A. s. 125.32. [Amended 10-12-2000 by Ord. No. 1.00; 6-19-2012 by Ord. No. 7-2012]
2. If a Retail Class "B" License, between 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m. on Saturday and Sunday, except on January 1 when the premises would not have to close. The sale of carry-out beer or liquor is prohibited between 12:00 midnight and 6:00 a.m. [Amended 1-14-1988]
3. Hotels and restaurants whose principal business is furnishing of food or lodging to patrons and bowling alleys shall be permitted to remain open for the conduct of their regular business, but shall not be permitted to sell intoxicating liquor during the hours mentioned in Subsections A and B above.
4. No person shall prevent, resist or interfere with any of the officers or employees of the Village of Holmen in the entering of any premises or the carrying out of their duties.
5. Penalties. Any person violating any provision of this article, including those provisions of the Wisconsin Statutes or any other materials which are incorporated by reference, shall suffer one or all of the following penalties; provided, however, that in no case shall the forfeiture imposed for a violation of any provision of this section exceed the maximum fine for the same offense under the laws of the State of Wisconsin: [Amended 10-12-2000 by Ord. No. 1.00]

1. Fee. The fee for an operator's license shall be as established in the Village of Holmen Fee Schedule, subject to W.S.A. s. 125. [Amended 6-19-2012 by Ord. No. 7-2012]
2. Provisional license. The Village Clerk may issue provisional operator's licenses in accordance with Section 125.17(5), Wis. Stats., at a cost as established in the Village of Holmen Fee Schedule, subject to W.S.A. Chapter 125. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. A provisional license may not be issued to any person who has been denied an operator's license by the Village Board or who has had his operator's license revoked or suspended within the preceding 12 months. The Village Clerk shall provide an appropriate application form to be completed in full by the applicant. The Village Clerk may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application. [Amended 6-19-2012 by Ord. No. 7-2012]
3. The operator's license fee shall be prorated on a monthly basis for any application made after July 1 in the year of application.

1. All persons reviewing the provisions of this chapter should be aware that no land division may be made unless all required approvals have been given.
2. No statement or actions by any official, employee or agent of the Village of Holmen should be construed or taken as a binding act of the village except a resolution, motion or ordinance which has been adopted by the Village of Holmen Village Board at a lawfully conducted Village Board meeting. This includes, but is not limited to, interpretation of this chapter.
3. The Village of Holmen expressly states that it has no responsibility whatsoever for assuring that land and/or buildings sold in the village are in compliance with any ordinances, regulations or rules. The village also assumes no responsibility for the suitability of any property whose subdivision has been approved by the Village Board.

1. Title. This chapter shall be known as the "Land Division Ordinance of the Village of Holmen" and will be referred to in this chapter as "this chapter" or "this ordinance."
2. Authority. These regulations are adopted under the authority granted by Section 236.45 of the Wisconsin State Statutes.
3. Purpose. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the Village of Holmen in order to promote the public health, safety and general welfare of the community.
4. Intent. The intent of this chapter is to promote the public health, safety, convenience and general welfare of the community. The regulations are designed to lessen congestion in the highways and streets; to foster the orderly layout and use of land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to discourage overcrowding of the land; to protect the community's agriculture base; to facilitate adequate provision for transportation, public water and sewerage, schools, parks, playgrounds and other public necessities; and to facilitate the further division of large tracts of land into smaller parcels. The regulations are made with the reasonable consideration of, but not limited to, the present character of the village and its environs, with the objectives of conserving the value of the land and improvements placed thereon, providing the most appropriate environment for human habitation, protecting farming and open spaces, and providing for the most appropriate use of land in the Village of Holmen.
5. Abrogation and greater restrictions. This chapter shall not be construed to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to laws. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern.
6. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or La Crosse County Ordinances.

1. ARTERIAL STREETS AND HIGHWAYS — Those streets which provide rapid movement of concentrated volumes of traffic over relatively long distances. They provide principally for movement of persons and goods between high activity area.
   1. PRINCIPAL ARTERIALS — Those streets serving the major interstate corridors and corridors which connect major cities and regions. These routes provide the highest level of mobility and form a continuous system with constant operating conditions under a high degree of access control.
   2. PRIMARY ARTERIALS — Those streets serving long trips between important cities and the major intracommunity corridors within the metropolitan area. These routes provide for a high degree of mobility under a high degree of access control.
   3. STANDARD ARTERIALS — Streets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas, or feeding traffic to the primary and principal arterials from lower activity area not served by such routes.
2. COLLECTOR STREETS — Those streets which provide moderate speed movement of persons and goods within large areas. They are basically local streets which usually, because of more directness of routing and higher capacity than other local streets, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
   1. HIGH COLLECTOR STREETS — Those streets which perform a semi-arterial function as well as serving as distribution and land access streets.
   2. LOW COLLECTOR STREETS — Those streets which perform the function of gathering and distributing traffic from and to the local streets and adjacent lands.
3. LOCAL STREETS — Those streets which are designed for low speeds and volumes and are to provide access from low-generation land activities to the collector and arterial systems.
4. MARGINAL ACCESS STREETS — Those streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
5. ALLEYS — Streets which provide secondary means of access for vehicular services to the back or side of property otherwise abutting a street.
6. CUL-DE-SAC — Streets closed at one end with turnarounds.
7. DEAD-END STREETS — Streets closed at one end without turnarounds.

1. Two or more lots, parcels or building sites of 38 acres each or less in area; or
2. Two or more lots, parcels or building sites of 38 acres each or less in area by successive divisions within a period of five years with the exception if less than five lots, parcels or building sites of 38 acres or less in area are being created adjacent to an existing subdivision they may be divided under certified survey rules.

1. Jurisdiction. These regulations shall apply to all lands and condominium developments within the Village of Holmen. The provisions of this chapter as they apply to division of tracts of land into less than five parcels shall not apply to:
   1. Transfers of interests in land by will or pursuant to court order;
   2. Leases for a term not to exceed 10 years, mortgages or easements;
   3. The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum size as is required by village ordinance, or Chapter 236 of the Wisconsin Statutes or any other applicable laws or ordinances.
2. Compliance. No person, firm, corporation, partnership, or legal entity of any kind shall divide any land located within the Village of Holmen which results in a land division, subdivision, or replat as defined herein, no such land division, subdivision or replat shall be entitled to record, and no street, highway or road shall be laid out or improvements made to land without compliance with all requirements of this chapter and with all of the following:
   1. The provisions of Chapter 236 of the Wisconsin Statutes regarding platting lands;
   2. The rules of the Wisconsin Department of Commerce regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made;
   3. The rules of the Wisconsin Department of Transportation and the La Crosse County Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state or county trunk highway, respectively, or a connecting street, including, but not limited to, minimum width regulations.
   4. All applicable village master plans, as adopted under Section 62.23 of the Wisconsin Statutes, zoning ordinances, official maps, and any other ordinances and regulations.
3. Improvements.
   1. Development agreement. Before any final plat or certified survey map is approved, the subdivider shall enter into a development agreement with the village wherein the subdivider agrees to install all required improvements within 18 months of the date that the plat or certified survey map is recorded. The Village Board may allow phased construction of plats.
   2. Security required. At the time the development agreement is executed, the subdivider shall file a bond, certificate of deposit, irrevocable letter of credit, or certified check, in such form as is acceptable to the Board and approved by the Village Attorney, with the village in an amount equal to 125% of the estimated cost of the required improvements as determined by the Village Engineer. Such deposit shall guarantee that such improvements will be completed according to village specifications by the subdivider or its contractors not later than 18 months from the date that the plat is recorded or, where staging is permitted, that each stage will be completed by the date specified in the installation and completion schedule. Such security shall be held by the village and either released or used in the manner specified in § 90-12. The provision of security by the subdivider shall not release the developer from its obligations under the development agreement nor prejudice the right of the village to recover the full cost of completion of the improvements if the subdivider fails to complete the same.
   3. Governmental units. The State of Wisconsin or La Crosse County may file a resolution duly adopted by such governmental unit agreeing to comply with the provisions of this section.
   4. Construction in phases. The subdivider may elect, with the approval of the Village Board, to install the improvements in phases, provided that:
      1. The phases are specified in the agreement for land division requirements.
      2. Improvements constructed during the first and each subsequent stage of construction shall not have any building permits issued until they have been accepted by the village.
      3. The developer shall record deed restrictions reviewed by the village (or its designated representative) which specify that the lots included in future construction phases shall not be conveyed, transferred or sold unless the village's approval is obtained.
      4. Erosion control plans and measures submitted and approved shall address the erosion problems posed by the construction of the project in phases.
4. Reservation and dedication of land.
   1. Public ways. Whenever a tract of land to be divided or subdivided abuts, includes or is adjacent to all or any part of a street, an arterial street, drainageway or other public way which has been designated in any applicable master plan or official map, said public way or street shall be incorporated into the plat and dedicated to the public or to the village by the subdivider in the locations and dimensions indicated on said plan or map.
   2. Public sites and open spaces.
      1. In designing a land division or subdivision, due consideration shall be given by the developer to the reservation of suitable sites of adequate area for future drainageways, parks, playgrounds, pedestrian and bike paths, and other public purposes. In the location of such facilities, consideration shall be given to the protection and preservation of scenic and historic sites, stands of fine trees, marshes, lakes and ponds, water courses, watersheds, wetlands, wildlife habitat and ravines.
      2. All land divisions and subdivision shall be required to dedicate developable land to the village for park, school or other public uses, other than streets or drainageways, at a rate of 0.04 acres (1,742 square feet) per dwelling unit. Whenever a proposed playground, park, or other public area, other than streets or drainageways, designated in the Master Plan or Master Plan component of the Village of Holmen is embraced, all or in part, in the tract of land to be subdivided, these lands shall be made part of the required land dedication. The Village Board, upon the recommendations of the Planning Commission, shall have sole authority to determine the suitability and adequacy of park lands proposed for dedication. Drainageways, wetlands or areas reserved for streets shall not be considered as satisfying land dedication requirements.
      3. Development of parkland. [Amended 6-9-2005 by Ord. No. 3.05; 11-9-2006 by Ord. No. 8.06]
         1. When parklands are dedicated, the subdivider is required to:
            1. Properly grade and contour for proper drainage.
            2. Provide surface contour suitable for anticipated use of the area.
            3. Cover areas to be seeded with a minimum of six inches of quality topsoil, seed as specified by the Village Engineer, fertilized with 16-6-6 at a rate of seven pounds per 1,000 square feet and mulched. The topsoil furnished for the park site shall consist of the natural loam, silt loam, silty clay, loam or clay loam humus bearing soils adapted to the substance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline. Fine grading and seeding must occur within one year following issuance of the first building permit within that land division unless otherwise authorized by the Village Engineer. The improved area shall not be deemed officially accepted until a uniform grass cover to a two-inch height has been established. It shall be the responsibility of the subdivider to maintain the area until the Village accepts the dedication.
            4. Construct sidewalk on all frontage streets of dedicated parkland. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Village Engineer.[4]
         2. Parks.
            1. A neighborhood park area shall be provided by the subdivider with a standard residential water service unless located directly adjacent to a fire hydrant. A neighborhood park area shall be provided by the subdivider with a minimum of one swingset (two regular swings, two infant swings, one handicap swing), one playscape, two slides of various design (may be included with playscape), one shelter (minimum size equal to 825 square feet) construction on concrete pad, one basketball court (minimum size of 40 feet by 40 feet, blacktop surface with markings), including pole, backboard, hoop and net. A tennis court (minimum area of 120 feet by 60 feet), including surface, markings and nets, soccer field (including goals and markers), football field (including goals and markers), baseball field (including bases and backstop) or other park facility or amenity may be required in addition to or substituted for one of the required items above. The Village Board reserves the right to require additional amenities such as electrical service, lighting, water fountains, fencing, bleachers, benches, shade structures or other amenities as it may deem necessary. The Village Board reserves the right to waive any of the parkland development requirements as stated herein, applying the principle of proportionality where appropriate. The Village Board reserves the right to approve the design and specifications of all amenities prior to construction.
            2. A community park area shall be provided by the developer with a minimum six-inch water service or at least one fire hydrant and at least one four-inch sanitary sewer lateral, all located at the street property line. A community park area shall be provided by the subdivider with a minimum of one swingset (four regular swings, two infant swings, one handicap swing), two playscapes, two slides of various design (may be included with playscape), one enclosed shelter (minimum size equal to 1,000 square feet) construction on concrete pad, one basketball court (minimum size of 70 feet by 40 feet, blacktop surface with markings), including pole, backboard, hoop and net at each end. A tennis court (minimum area of 120 feet by 60 feet), including surface, markings and nets, soccer field (including goals and markers), football field (including goals and markers), baseball field (including bases and backstop) or other park facility or amenity may be required in addition to the required items above. The Village Board reserves the right to require additional amenities such as electrical service, lighting, water fountains, fencing, bleachers, benches, shade structures or other amenities as it may deem necessary. The Village Board reserves the right to waive any of the parkland development requirements as stated herein, applying the principle of proportionality where appropriate. The Village Board reserves the right to approve the design and specifications of all amenities prior to construction.
         3. The Village Board may require certification of compliance by Village officials. The cost of such report shall be paid by the subdivider.
         4. Development of parkland is to be completed as soon as 20% of the planned lots in the subdivision are sold or developed, as determined by the Village Board.
      4. Upon petition by the subdivider, should Village officials agree that a cash contribution would better serve the public interest, the Board may accept a cash contribution in lieu of parkland dedication in an amount negotiated with subdivider and documented in the subdivider's agreement. The Village Board reserves the right to deny any and all petitions for cash contribution in lieu of parkland dedication. [Amended 10-9-2003 by Ord. No. 6.03; 11-9-2006 by Ord. No. 8.06]
      5. The Village shall place any fee collected pursuant to the provisions of this section in a fund which may be used for any park purpose, including land acquisition and development of adequate park, playground, school, recreation and open space to meet the needs created by the land division, subdivision or other development. These funds would not fall under the restrictive provisions that would apply to any impact fees as imposed under Chapter 76, Impact Fees. [Amended 10-14-2004 by Ord. No. 7.04; 11-9-2006 by Ord. No. 8.06[5]]
5. Survey monuments. Before final approval of any plat or certified survey map within the corporate limits of the village, the subdivider shall install survey monuments placed in accordance with the requirements of Section 236.15 of the Wisconsin Statutes and as may be required by the Village Engineer. The Village Board may allow deferral of installation of monuments otherwise required under Section 236.15(1)(b), (c) and (d), for a period not to exceed three years on condition that the subdivider execute a surety bond to ensure the placing of such monuments within the time required. [Amended 10-12-2000 by Ord. No. 1.00]
6. Land suitability. No land shall be subdivided which is deemed by the Village Board, with the advice of the Planning Commission, to be not readily developable. The Village may determine, subject to the provisions of Ch. 236, that lands should not be platted for the reason that the land is zoned improperly, has unsuitable soils, is located on slopes in excess of 12%, is located in a floodplain, shoreland or wetland, or is proposed to be used in a manner contrary to the land use plan of the Village. It is the intent of the Village that paramount consideration be given to the need to preserve prime agricultural land, particularly land which has been zoned exclusive agricultural. Consideration should also be given to adjacent land uses which will be affected by the proposed plat. [Amended 11-9-2006 by Ord. No. 8.06]
7. Violations. It shall be unlawful to build upon, divide, convey, record or monument or extract minerals from any land in violation of this chapter or of the Wisconsin Statutes; and no person, partnership, firm, corporation, or entity of any sort shall be issued a building permit by the Village of Holmen, authorizing the building on, or improvement of, any land division, subdivision or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes. The village may issue citations for violations of the provisions of this chapter.
8. Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 plus all applicable assessments and the costs of prosecution of each violation. Each day a violation exists or continues shall constitute a separate offense.
9. Appeals.
   1. If the Village Planning Commission was acting at the request of the Village Board, the following decisions of the Planning Commission may be appealed to the Village Board:
      1. Rejection of a preliminary plat;
      2. Rejection of a final plat;
      3. Rejection of a certified survey map;
      4. Requirement of a preliminary plat in connection with a land division;
      5. Determination that land is unsuitable for subdivision.
   2. A written notice of appeal must be filed with the Clerk within 14 calendar days of the date when notice of the action of the Planning Commission appealed from is mailed to the subdivider.
   3. The notice of appeal shall state the action of the Planning Commission appealed from, shall specify the reasons stated by the Planning Commission for taking such actions, shall specify the reasons why the subdivider believes said action was inappropriate, and shall state the names and addresses of the owners of all properties adjacent to the proposed land division or subdivision.
   4. The Clerk shall file the notice of appeal with the Board and shall schedule the appeal for consideration by the Board at a meeting, open to the public, within 45 days of the filing of the notice of appeal. The Clerk shall send notice of the time scheduled for the consideration of the appeal to the subdivider and to all property owners adjacent to the proposed land division or subdivision at least 10 days prior to the hearing of the appeal.
   5. Within 30 days of the appeal hearing, the Board shall affirm, modify, or reverse the action of the Planning Commission or shall refer the matter back to the Planning Commission for further consideration. Notice of the decision of the Board shall be sent to the subdivider and the Planning Commission.
   6. The provisions of Chapter 68 of the Wisconsin Statutes shall not be applicable to any determination made pursuant to the provisions of this chapter.
   7. Any person aggrieved by an objection to a plat or a failure to approve a plat may, after review by the Board, appeal therefrom, as provided in Sections 236.13(5) and 62.23(7)(e)10 to 15 of the Wisconsin Statutes.

1. Preapplication. It is recommended that, prior to the filing of an application for the approval of a certified survey map or a preliminary plat, the subdivider consult with the Village Board and Planning Commission to obtain its advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these regulations, any applicable master plans and plan implementation devices and to otherwise assist the subdivider in planning the development. No such consultations shall in any manner bind the Village Planning Commission or the Village Board to approve a plat, a subdivision or any other land use control. Further, no subdivider may rely upon or cite any advice or information provided by the Village Planning Commission or Village Board as evidence of the official actions of the village.
2. Preliminary plat review.
   1. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a written application for approval. The preliminary plat shall include the entire area owned or controlled by the subdivider even though only a portion thereof is proposed for development at the time. The plat shall be prepared in accordance with this chapter and Ch. 236, Wis. Stats. The subdivider shall file 10 copies of the plat and the application with the Clerk at least 21 days prior to the meeting of the Village Planning Commission at which action is desired. The subdivider shall also submit 10 copies of the subdivision check list. The Village Planning Commission may waive the requirement that the preliminary plat include the entire area owned by the developer where it is unnecessary to fulfill the purpose of the ordinance and undue hardship would result from strict enforcement of this provision. Where a subdivider has control of lands which are equal to or in excess of 80 acres in area, or are smaller parcels separated only by existing public roads, in lieu of a preliminary plat on the entire area, the developer may elect to submit a comprehensive development plan.
   2. The Clerk shall forward five copies of the preliminary plat to the Village Planning Commission which shall examine it for conformity with all ordinances, administrative rules and regulations and for compliance with any applicable village master plan.
   3. The Village Planning Commission shall recommend approval, conditional approval or rejection of the proposed plat to the Village Board. If approval or conditional approval is recommended, the preliminary plat shall be referred to the Board for consideration. The Village Board shall then approve, conditionally approve, or reject the preliminary plat. One copy of the plat shall be returned to the subdivider, the developer's surveyor, or engineer with the date and action endorsed thereon. If the plat is approved conditionally or rejected, the conditions of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action therein required within 90 days of filing of the preliminary plat constitutes an approval of the preliminary plat.
   4. Approval or conditional approval of a preliminary plat entitles the final plat to approval provided the final plat conforms substantially to the preliminary plat, including any conditions of that approval, and conforms to any applicable village plans and applicable ordinances. If the final plat is not submitted within six months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat regardless of prior action taken on the preliminary plat.
3. Final plat review.
   1. The subdivider shall prepare and file six copies of the final plat together with a written application for approval with the Clerk within six months of the approval of the preliminary plat and at least 14 days prior to the meeting of the Village Board at which action is desired.
   2. The Clerk shall forward two copies of the plat to the Village Board and the Planning Commission. The Village Board and Planning Commission shall examine it for conformity with the preliminary plat and any conditions or approval, with the requirements of this chapter, and with the requirements of any other ordinances, statutes, administrative rules and regulations, or local plans which may be applicable to it. The Planning Commission shall recommend to the Village Board approval or rejection. The Planning Commission shall list the conditions or requirements of approval or reasons for rejection.
   3. The Village Board shall approve or shall reject the plat. The Village Board shall indicate the reasons for any rejection of the plat. One copy of the plat shall then be returned to the subdivider, the surveyor, or engineer with the date and action endorsed thereon, and if approved or rejected, the conditions or requirements of approval or reasons for rejection shall be endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action required herein within 60 days of filing the final plat shall constitute an approval of the final plat.
   4. The final plat may, if permitted by the Village Board, include only that portion of the approved preliminary plat which the subdivider proposes to record at this time.
   5. The final plat shall be approved if it conforms substantially to the preliminary plat as approved, including any conditions of that approval, and to any applicable village plans and ordinances. If the final plat is not submitted within six months of the last required approval of the preliminary plat, the Planning Commission may reject the final plat regardless of any prior action on the preliminary plat.
   6. After the final plat has been approved by the Board and the contract and security filed in accordance with § 90-4C(2) hereof, the subdivider shall submit the final plat to the Clerk. The Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed. The plat shall be returned to the subdivider for recording.
   7. The subdivider shall file a certified copy of the final plat with the Clerk within 10 days after it has been recorded.
4. Land division by certified survey.
   1. A certified survey map which has been approved by the Village Planning Commission and the Village Board, and meets all of the requirements of Section 236.34 of the Wisconsin Statutes and of this chapter, may be utilized to create not more than one new parcel or building site. The Village Board may require a preliminary plat to be filed by a subdivider who is seeking approval of a certified survey map. When required, the preliminary plat must include all lands under the control of the applicant within a parcel up to a maximum area of 40 acres. The land included within the 40 acres shall be defined by quarter-quarter section lines unless indicated otherwise. When a preliminary plat is not required, the certified survey map shall include the entire parcel owned by the subdivider. The Board resolution approving the certified survey map shall be reproduced legibly on the face of the certified survey map. All unpaid or outstanding taxes, assessments and special assessments shall be paid prior to the approval unless determined otherwise by the Village Board.
   2. An applicant for a land division shall file 10 copies of the certified survey map and a written application for approval with the Clerk. An applicant shall submit 10 copies of the certified survey checklist. The certified survey map must be prepared in conformance with the requirements of this chapter.
   3. The Village Board shall within 60 days approve, approve conditionally, or reject the certified survey map based on a determination of conformance with the provisions of this chapter. One copy of the certified survey map shall be returned to the subdivider with the date and action endorsed thereon or attached thereto. Unless the time is extended by written agreement between the subdivider and the Board, failure to complete the action required herein within 60 days of the filing of the map shall constitute an approval of the certified survey map.
   4. After the certified survey map has been approved by the Village Board, the development agreement has been executed and recorded, the security filed in accordance with § 90-4C and any fee imposed pursuant to § 90-4D(2) has been paid, the subdivider shall submit the certified survey map to the Clerk. The Clerk shall cause the certificate inscribed upon the map attesting to such approval to be duly executed. The certified survey map shall be returned to the subdivider for recording.
   5. The subdivider shall record the certified survey map with the Register of Deeds for La Crosse County after it has been approved, and shall file a certified copy of the recorded map with the Clerk within 10 days after the certified survey map is recorded.

1. General. A preliminary plat shall be required for all subdivisions and shall be based on a survey by a land surveyor registered in this state. The plat map shall be prepared in conformance with the requirements of Ch. 236, Wis. Stats., the La Crosse County Subdivision Ordinance, applicable surveying standards and other applicable legal requirements.
2. Street plans and profiles. The subdivider shall provide road and street plans and profiles showing existing ground surfaces, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon USGS data, and plans and profiles shall be approved by the Village Board, with the advice of the Village Engineer. Street plans shall conform in all respects to applicable zoning ordinances, the Village Master Plan, and the road standards of the Wisconsin Department of Transportation.
3. Covenants. The Village Board shall require submission of a draft of all prospective covenants which the subdivider intends to regulate land use in the proposed subdivision and otherwise protect proposed development. No covenant may be recorded without the prior approval of the Village Board. Commercial plats shall contain standard drainage, public utility, street maintenance and construction erosion control covenants in a form prescribed by the village.
4. Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that he has fully complied with the provisions of this chapter.

1. General. A final plat prepared by a land surveyor registered in this state shall be required for all subdivisions. It shall comply in all respects with the requirements of this chapter and Section 236.20 of the Wisconsin Statutes.
2. Information required. The final plat shall show, correctly and on its face, in addition to the information required by Section 236.20 of the Wisconsin Statutes and § 90-6 hereof, the following:
   1. All land reserved for future public acquisition or reserved for the common use of property owners within the plat.
   2. Special restrictions required by the Village Board relating to access control along public ways or to the provisions of planting strips.
3. Procedure. If the preliminary plat has been approved or been approved conditionally, the subdivider may submit two copies of the final plat. All improvements required by this chapter shall be made or guaranteed in the manner described in this chapter. If the final plat meets the requirements of this chapter, and has been submitted within six months from the approval date of the preliminary plat and the conditions have been met in the case of preliminary plat given conditional approval, the village shall approve the final plat of the subdivision within 60 days from the date officially submitted to the Village Clerk.
4. Deed restriction. The Village Board shall require that restrictive covenants or deed restrictions be filed with the final plat.
5. Surveying and monuments. All final plats shall meet all the surveying and monuments requirements of Section 236.15 of the Wisconsin Statutes.
6. Certificates. All final plats shall provide all the certificates required by Section 236.21 of the Wisconsin Statutes; and, in addition, the surveyor shall certify that he/she has fully complied with all the provisions of this chapter.

1. General. A certified survey map prepared by a surveyor registered in this state shall be required for all land divisions. It shall comply in all respects with the requirements of Section 236.34 of the Wisconsin Statutes and this chapter.
2. Information required. A sketch showing the present zoning and any proposed zoning change for the land division and all adjacent lands shall be submitted along with the map. The map itself shall show correctly on its face, in addition to the information required by Section 236.34 of the Wisconsin Statutes, the following:
   1. All existing buildings, watercourses, drainage ditches and other features pertinent to proper division.
   2. All lands reserved for future acquisition.
   3. Date of map.
3. Certificates.
   1. The surveyor shall certify on the face of the map that the surveyor has fully complied with all the provisions of this chapter. The Board shall certify its approval on the face of the map.
   2. A certificate of approval shall be provided legibly on the face of the map.
4. Critical building locations. Any building or structure and its location on the lot shall be dimensioned to the nearest 0.1 foot where the building or structure is to be located within five feet of the proposed property boundaries or the zoning yard requirements, or such other requirement as is consistent with these subdivision regulations.
5. Dedications and improvements required. Any land division effectuated by a certified survey shall be subject to the provisions of § 90-4D concerning the reservation and dedication of land; and, unless a waiver is granted, the provisions of §§ 90-9 and 90-10 concerning required improvements.

1. Street arrangement. In any new subdivision the street layout shall conform to the arrangement, width and location indicated on any official map, master plan or component neighborhood development plan of the village. In areas for which plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas. Each lot of the subdivision or land division shall have access to a public street which is, at a minimum, sufficient to allow ingress and egress of motor vehicles.
   1. Arterial streets shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they connect.
   2. Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches, shopping centers and other concentrations of population, and to the major streets into which they feed.
   3. Local streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
   4. Proposed streets shall extend to the boundary lines of the tract being subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the Village Board, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. Temporary turnarounds shall be required where the street ends at the boundary of the subdivision. The road right-of-way shall continue to the adjacent lands and connect to roads constructed on such lands if approved by the Village Board.
   5. Arterial and highway protection. Whenever the proposed subdivision contains or is adjacent to a major highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen plantings contained in a nonaccess reservation along the rear property line, or by the use of frontage streets.
   6. Reserve strips controlling access to roads or highways are prohibited except where control of such strips is placed with the village under conditions approved by the Village Board.
2. Street names and numbering.
   1. Street names shall be assigned in accordance with the provisions of village ordinances.
   2. The following designations shall be used only in the situations indicated:
      1. Lane: a street, one block long, not ending in a cul-de-sac.
      2. Circle: a cul-de-sac of nine lots or more.
      3. Court: a cul-de-sac of eight lots or less.
3. Limited access highway rights-of-way. Whenever the proposed subdivision or land division contains or is adjacent to a limited access highway the design shall provide the following treatment:
   1. In residential districts a buffer strip at least 30 feet of depth, in addition to the normal lot depth required, shall be provided adjacent to a limited access arterial highway or restricted by the right-of-way plat or County Highway Department. As used in this section, the term "buffer strip" means an area of hedges, trees, tall grasses or other foliage which creates a visual screen between two areas. The lot depth required, including such buffer strip, shall not be less than 150 feet. The strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees or shrubs by the owner; the building of structures hereon is prohibited, and the rear 30 feet of the strip shall not be counted as any required yard. Maintenance of this strip is a responsibility of the lot owner."
   2. Commercial and manufacturing districts shall have, on each side of the limited access highway, streets approximately parallel to and at a suitable distance from such highway for the appropriate use of the land between such highway and street, but not less than 150 feet.[6]
   3. Streets parallel to a limited access highway shall, when intersecting a major street or highway which crosses said highway, be located at a minimum distance of 300 feet from said highway. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients. No local streets intersecting a collector street from opposite direction shall be closer than 300 feet from the right-of-way line.
   4. Location of local streets in residential areas immediately adjacent to arterial streets and highways shall be avoided.
4. Street design standards.
   1. Minimum right-of-way. The minimum right-of-way for all proposed streets and roads shall be 60 feet or such other width as is specified by the Village Master Plan, Official Map, Neighborhood Development Study or Appendix A.[7]
   2. Cul-de-sac streets. Cul-de-sac street ends are prohibited unless authorized by a variance granted by the Village Board. No variance shall be granted unless the Village Board finds, after hearing, that use of cul-de-sac street ends is necessary to overcome limitations imposed by the physical characteristics of the land, so that development may occur which is consistent with the policies stated in this chapter. If the Village Board grants a variance, the cul-de-sac shall conform to the following standards:
      1. Streets designed to have one end permanently closed shall not exceed 600 feet in length.
      2. Streets which are designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way diameter of 110 feet, and a minimum paved diameter of 80 feet. The reverse curve on a cul-de-sac right-of-way shall have a thirty-foot minimum radius when the bulb is centered on the street and sixty-foot minimum radius when the bulb is offset.
      3. In areas zoned B-1, B-2, Manufacturing or other commercial zones, all streets which are designed to have one end permanently closed, shall terminate in a circular turnaround having a minimum right-of-way of 175 feet, and a minimum paved diameter of 120 feet.
   3. Street grades and radii of curvature. Unless necessitated by exceptional topography and subject to the approval of the Village Engineer, the street grades and radii of curvature shall conform to the Design Standard in Appendix A.[8]
5. Blocks.
   1. The widths, lengths and shapes of blocks shall be suited to the planned use of the land; zoning requirements; stormwater management; need for convenient access, control and safety of street traffic; and the limitations and opportunities of topography.
   2. Blocks in residential areas shall not be less than 500 feet nor more than 1,200 feet in length unless otherwise dictated by exceptional topography or other limiting design factors.[9]
   3. Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
6. Lots.
   1. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the buildings contemplated.
   2. No lot may have frontage on streets on two parallel sides nor may a lot be platted so that the building will face the reverse side of the lot. The Village Board may grant a variance from this requirement where necessary, the physical characteristics of the land so require in order to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation.
   3. Residential lots to be served by private sewage disposal facilities shall comply with the rules of the Wisconsin Department of Commerce and La Crosse County Sanitary Code.
   4. Lots must front on and have access to a state or county highway or approved village road. Every lot shall front or abut on a public street or road for a distance of at least 60 feet.
   5. Side lot lines shall be substantially at right angles or radial to street lines.
   6. Lots shall follow municipal boundary lines rather than cross them.
   7. Corner lots shall have sufficient width to permit adequate building setbacks from side streets.
   8. Depth and width of properties reserved or laid out for commercial or industrial use shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
   9. Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with the provisions of this chapter.
   10. Lands lying between the meander line and the water's edge and any otherwise unplantable lands which lie between proposed subdivision and the water's edge shall be included as part of lots, outlots, or public dedications in any plat abutting a lake or stream.
7. Easements.
   1. Lines to be underground in newly platted areas.
      1. All new electric distribution lines (excluding lines of 12,000 volts or more), all new telephone lines from which lots are individually served, all cable television and all other common carrier services installed within a newly platted area shall be underground unless the Village Board shall specifically find after study that:
         1. The placing of such facilities under ground would not be compatible with the planned development;
         2. Location, topography, soil, water table, solid rock, boulders, stands of trees, hedges or other physical conditions would make underground installation unreasonable or impracticable; or
         3. The lots to be served by said facilities can be served directly from existing overhead facilities.
      2. Associated equipment and facilities which are appurtenant to underground electric and communications systems, such as but not limited to substations, pad-mounted transformers, pad-mounted sectionalizing switches and above-grade pedestal-mounted terminal boxes may be located above ground.
   2. Easement conditions. The subdivider shall include appropriate easements on the final plat. Easements shall be for the installation of gas, electric and communication lines. Such easements as shall be noted as "Utility Easements" on the final plat or certified survey map. Prior to approval of the final plat or certified survey map, the concurrence of the electric and communications companies serving the area as to the location and width of the utility easements shall be documented and given to the village.
   3. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, an adequate drainageway or easement shall be provided as required by the Village Board. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Village Board. Parallel streets or parkways may be required in connection therewith. Wherever possible, the stormwater drainage shall be maintained by landscaped open channels or storm sewers of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, these sizes and design details to be subject to review and approval by the Village Engineer and Village Board. Drainage easements shall substantially maintain existing water flow patterns onto neighboring lands.

1. Streets and street lights. Standard street improvements including street lights shall be installed in accordance with State of Wisconsin Electric Code.
2. Sidewalks, bike lanes and trails. [Amended 8-11-2011 by Ord. No. 4.11]
   1. The subdivider shall pay for the construction of a sidewalk on one side of all frontage streets and both sides of all other streets within the subdivision. Sidewalks will be installed within five years after the final plat is approved. The sidewalks shall be constructed when the principal building on the parcel is built, but not to exceed five years after the final plat is approved. Covenants with the subdivision shall include the requirements for the installation of sidewalks. The construction of all sidewalks shall be in accordance with plans and standard specifications approved by the Engineer.
   2. Wider than standard sidewalks may be required by the Engineer in the vicinity of schools, commercial area and other places of public assemblage; and the Planning Commission may require the construction of sidewalks in locations other than required under the preceding provisions of this chapter if such walks are necessary, in its opinion, for safe and adequate pedestrian circulation.
   3. A multi-use trail may be used in place of a sidewalk if indicated in an adopted master plan or neighborhood development plan.
   4. Bike lanes are required if and as indicated in an adopted master plan or neighborhood development plan.
3. Central sanitary sewage and private sewage disposal systems.
   1. The subdivider shall pay for the construction of sanitary sewers in such a manner as to make adequate sanitary sewerage service available to each lot within the subdivision. If central sewer facilities are not available, the subdivider shall make provision for adequate private sewage disposal systems as specified by the village, the Department of Commerce and the County Sanitarian. The sewage disposal systems shall be certified by the County Sanitarian prior to final plat approval. The specified private sewage disposal systems shall include systems utilizing a septic field and may include mound type systems. The Planning Commission shall require the installation of sewer laterals to the street lot line. If, at the time of final platting, sanitary sewer facilities are not available to the plat, but will become available within a period of five years from the date of plat recording, the subdivider shall cause to be installed sanitary sewers and sewer lateral to the street lot line in accordance with this section and shall cap all laterals as may be specified by the Engineer.
   2. The size, type, and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and standard specifications approved by the Engineer.
   3. The subdivider shall assume the cost of installing all sanitary sewers eight inches in diameter or less in size. If greater than eight-inch-diameter sewers are required to handle the contemplated sewage flows, the cost of such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewer and the excess cost either borne by the community or assessed against the total tributary drainage area.
4. Stormwater drainage facilities. The subdivider shall pay for the cost to install stormwater drainage facilities, which may include catch basins and inlets, storm sewers, road ditches and open channels, and the cost to install curbs and gutters, as may be required. All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow; the type of facility required, the design criteria and the sizes and grades to be determined by the developer's engineer. Storm drainage facilities shall be so designed as to present no hazard to life or property; and the size, type and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and standard specifications approved by the Village Board.
5. Central water supply facilities. The subdivider shall pay for the construction of water mains in such a manner as to make adequate water service and fire protection available to each lot within the subdivision. Any additional oversizing required by the village will be borne by the community. If municipal water service is not available, the subdivider shall make provision for adequate private water systems as specified by the Village Board and the State Department of Natural Resources and the County Sanitarian. The Planning Commission shall require the installation of water laterals to the street lot line. The size, type and installation of all public water mains proposed to be constructed shall be in accordance with plans and standard specifications approved by the Engineer.
6. Other utilities.
   1. The subdivider shall cause gas, electrical power, TV cables and telephone facilities to be installed in such manner as to make adequate service available to each lot in the subdivision. Such electrical or telephone service shall not be located on overhead poles but will be installed underground, unless otherwise authorized by the Village Board pursuant to § 90-9G(1). [Amended 10-12-2000 by Ord. No. 1.00]
   2. Plans indicating the proposed location of all gas, electrical power and telephone distribution and transmission lines required to service the plat shall be approved by the utility company.
7. Storm sewer and stormwater drainage facilities. [Amended 8-11-2011 by Ord. No. 4.11]
   1. Storm sewers shall be constructed unless the requirement is waived by the Village Board. The Village Board may waive the requirement only:
      1. If surface stormwater management methods are proposed in a master plan or neighborhood development plan of the Village; or
      2. Upon a showing that the natural drainage pattern of the land being subdivided will be adequate to handle the water flow from the subdivision; and
      3. Upon finding from the Hydraulic and Sedimentation Study for the appropriate watershed that no storm drainage facilities are required.
   2. Ditches or swales shall be constructed whenever storm sewers are not required by the Village Board.
      1. Roadside ditches or swales shall not exceed 12% of grade nor have less than a 1% grade.
      2. Ditches shall be restored with four inches topsoil, fertilizing, seeding and mulching in accordance with the current Standard Specifications for Road and Bridge Construction, State of Wisconsin Department of Transportation.
      3. Stormwater facilities intended to provide treatment or infiltration, including swales in the street right-of-way, shall be constructed in accordance with the appropriate State of Wisconsin Department of Natural Resources Conservation Practice Standard.
      4. Where ditches or swales are required, streets shall be constructed in accordance with village standard specifications. The thickness of the pavement shall be determined and prescribed by the Village Engineer in accordance with Appendix A.[10] Any soil subgrade data required by the Village Engineer shall be obtained by the developer's soils engineer and furnished to the Village Engineer without cost.
8. Partition fences. When the land included in the plat or certified survey map abuts upon or is adjacent to land used for farming or grazing purposes, the Village Board may require the developer to erect, keep and maintain partition fences, satisfying the requirements of the Wisconsin Statutes for a legal and sufficient fence, between such land and the adjacent land. A covenant binding the developer, its grantees, heirs, successors, and assignees to erect and maintain such fences, without cost to the adjoining property owners, so long as the land is used for farming or grazing purposes shall be included upon the face of the final plat or certified survey map. [Amended 10-13-2005 by Ord. No. 7.05]
9. Driveways.
   1. Approval required. No person shall establish or construct a private driveway, road or other access from a private property line to the traveled portion of any public village road without first filing an application and obtaining a driveway permit from the Village Clerk. In the case of a property fronting on a county or state trunk highway, said permit must be obtained through the La Crosse County Highway Department. All driveways shall be constructed at sidewalk grade.
10. Sign costs. The developer shall be responsible for the initial cost of the street/road name signs and traffic control for new streets. The village will order and install the signs after construction of the subdivision streets. The developer will be billed for the cost and installation. Payment will be required prior to issuing any building permits.
11. Waiver.
    1. Where, in the judgment of the Village Board, it would be inappropriate to apply the provisions of this § 90-10 to a land division because extraordinary or undue hardship resulting from the characteristics of the land would result, the Village Board may waive or modify any requirement, other than requirements of state law or the recording of the certified survey map or plat map, and only to the extent a waiver is found to be just and proper.
    2. The Village Board shall grant such relief only where it will not be detrimental to the public good, impair the intent and purpose of this chapter, or impair the desirable general development of the community in accordance with the master plan.
    3. Any subdivider who requests a waiver of a provision of this § 90-10 shall make a written application for a waiver and file the application with the Village Clerk. The Village Board shall hold a public hearing on the application not less than 40 days after it is filed. The Village Clerk shall mail a notice of the hearing to all adjacent landowners. The waiver application shall state the basis for the application and the specific hardship which is claimed to exist.
    4. Any waiver, exception, or variance which is granted pursuant to this section shall be made in writing, shall state the reasons which justified its issuance and shall be filed with the Village Clerk.[11]

1. Plans and construction specifications. Prior to commencing construction of any required improvement, the subdivider shall prepare construction plans and specifications and submit them to the Village Engineer or designee for review and approval. The Village Engineer may require the submission of the following plans and accompanying construction specifications before authorizing construction or installation of the improvements:
   1. Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.
   2. Stormwater and surface water drainage plans.
   3. Such additional plans or information as may be required by the Village Engineer.
   4. Plans and specification for all utilities and underground facilities.
2. Private contracts. The developer shall engage one general contractor whose qualifications have been approved by the Board for each major phase of construction (grading, utilities, streets) or one general contractor for a contract which includes more than one phase of construction.
3. Scheduling. All scheduling of the contemplated improvements shall be approved by the Village Engineer. Construction may not be commenced on any phase of construction until all approvals and conditional requirements are satisfied and a copy of the private contract has been filed with and approved by the Board. Construction shall not proceed until all State of Wisconsin approvals are granted.
4. Street grading.
   1. The developer shall furnish standard drawings which indicate the existing and proposed grades of streets shown on the plat, and after review of design engineering work on the streets by the Village Engineer and approval of street grades by the Board, the subdivider shall grade or cause to be graded the full width of the right-of-way of the streets proposed to be dedicated, including the vision clearance triangle on corner lots. In those cases where existing street right-of-way is made a part of the subdivider's plat or abuts the plat, the subdivider shall grade or cause to be graded that portion of the right-of-way between the existing pavement and the property line. The bed for the roadways in the street right-of-way shall be graded to subgrade elevation. The Village Engineer shall inspect the proposed street before grading and approve all grading within the right-of-way. The street grading shall extend for a sufficient distance beyond the right-of-way to ensure that the established grade will be preserved. The grading of rights-of-way for principal and primary arterials shall only be required where necessary to provide access to the streets or lots in the plat.
   2. The developer shall engage a licensed professional engineer to set subbase grade in accordance with approved center line grade and cross section; and to set grades necessary to comply with other grading requirements, including vision clearance on corner lots, center line and lot line grades for greenways, terrace grading for abutting streets and other required grades. The grading program shall consist of the following elements:
      1. The stripping and removal of all topsoil, debris and vegetation within the street right-of-way.
      2. Grading of full street right-of-way to a tolerance of zero to 0.2 feet below proposed center line grade. Fill sections shall be constructed of approved materials, which do not include topsoil, debris, vegetation, etc.
      3. Grading beyond right-of-way to ensure that the established grade will be preserved.
      4. Grading of vision triangles on corner lots shall be done such that no embankment within a vision triangle exists at a height greater than two feet above the highest proposed top of curb elevation adjacent to the lot. The limits of vision triangles shall be as established in code § 195-8F(4). Any objects proposed to be located within such vision triangles must conform with the requirements listed in § 195-8F(4). [Amended 7-13-2006 by Ord. No. 7.06]
      5. Where the public greenway is included in the plat, the developer is responsible for an acceptable continuous drainageway in the greenway as determined by the Village Engineer.
      6. All additional plat grading, where applicable, lot abutting greenways, terraces of streets abutting plats public easements for sanitary sewer and sidewalk, and other requirements of ordinances and special conditions of plat approval. There shall be a plan for disposal of any surplus soil or earth.
5. Utilities.
   1. If the developer elects to install underground utilities and the standard street improvement in the same year, provision must be made for mechanical compaction of all ditches for underground utilities that fall within the street right-of-way.
   2. Prior to commencing construction of any required utilities, the developer shall submit the proposed construction schedule, plans, specifications and contract to the Village Engineer.
6. Greenways. Greenways included within platted or replatted area shall receive the following prescribed treatment by the owner of the subdivision.
   1. The subdivider shall be responsible for an acceptable continuous drainageway through the proposed plat as determined by the Village Engineer. The subdivider shall furnish the Village Engineer a plan outlining the greenway boundaries and location of existing drainageways, if any. In addition, the subdivider shall furnish to the Village Engineer a set of cross-sections (on 50 feet stations) of the greenway oriented upon a base line as prescribed by the Village Engineer. Where a natural drainageway exists which has acceptable hydraulic capacities including alignment and grade as determined by the Village Engineer, construction will not be required and the existing natural growth shall be preserved. When such natural growth is not preserved by action of the subdivider or an acting agent, the subdivider shall be responsible for repairing the disturbed areas by sodding. However, in certain locations, as determined by the Village Engineer, where the hydraulic capacities including alignment and grade are not acceptable, then such alignment, grade and slopes shall be improved by the subdivider to the interim minimum requirements of a ten-foot-wide ditch bottom with four to one side slopes, all to be seeded.
   2. The subdivider shall install permanent pipes, culverts or bridge at a grade designated by the Village Engineer under all streets crossing a greenway or drainageway. Said installation shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Department of Transportation of the State of Wisconsin. All costs of the installation shall be the responsibility of the subdivider. The permanent pipe or culvert shall not be installed prior to the installation of a street crossing a greenway unless done pursuant to written agreement between the Engineer and the subdivider. Culverts required across intersections for temporary street drainage, shall be furnished and installed by the developer at the developer's expense. All temporary culverts installed by the developer shall be completely removed when the streets are constructed to standards and the area restored to as near to original condition as possible as determined by the Village Engineer.
   3. The Village Engineer shall inspect the property prior to and after the installation of utilities.
   4. All ditching and culvert installation shall be done in strict accordance with grades approved by the Engineer. The subdivider's engineer shall be responsible for setting all required grades in the field for construction purposes.
   5. In order to assure proper drainage, the ground elevation along any lot line common with the boundary of a greenway shall not be less than four feet above the flowline of the greenway, or where designated to an elevation established by the Engineer, prior to the sale of affected properties. The flowline grade shall be established by the Engineer. All lot grading and building elevations shall provide for positive drainage. Grading or filling within the greenway limit is prohibited except as authorized by the Engineer. The Village Engineer shall inspect all work before it is certified as complete.
7. Street construction.
   1. General. After completion of the underground utilities and approval thereof, the streets shall be constructed.
   2. Standard street improvements.
      1. Standard street improvements may include, in the sole discretion of the Village Board, sidewalks, concrete curb and gutter, and street lights and shall include bituminous base course and bituminous surface course.
      2. The developer shall prepare final plans and specifications for the standard street improvements and submit them, together with all soil subgrade data obtained by its soils engineer, to the Village Engineer.
      3. Upon written approval by the Village Engineer, the developer may proceed to construct the standard street improvements. Standard street improvements shall be installed to the boundary line of the subdivision unless the street culminates in a cul-de-sac, the topography or other physical conditions make it impossible to do so, or unless this requirement is waived, in writing, by the Village Board.
      4. The street/road shall be constructed to village specifications as described in Appendix A.[12]
   3. Inspection of street improvements. The Village Engineer shall inspect all street improvements before the same are accepted by the village.
8. Change orders. When extra work not specified in the contract is required to complete the project, the village will notify the developer or the engineering representative. No extra work shall proceed until the developer or the representative has entered into a written agreement for the additional work.
9. Erosion control. The subdivider shall take all steps necessary to prevent the erosion, siltation, sedimentation, washing and blowing of dirt and debris caused by grading, excavations, open cuts, side slopes, and other activities by the subdivider or the contractors. Reasonable methods of control shall include, but not be limited to, seeding and mulching, sodding, berm construction, pond construction, and watering as prescribed in the Wisconsin Construction Site Best Management Handbook. In such cases where the method of control has failed, the subdivider shall clean up the materials which have been displaced prior to construction of additional improvements. Plans for erosion control shall be submitted to the Village Engineer for review and approval before any land surface disturbances are made.
10. Floodplain/shoreland. All provisions of village ordinances relating to floodplain and shoreland zoning are incorporated herein and adopted by reference.
11. Inspection. Prior to commencing any work within the subdivision, the subdivider shall make arrangements with the Village Engineer to provide for adequate inspection. The Village Engineer shall inspect and approve all completed work prior to approval of the final plat or any release of the securities deposited pursuant to § 90-4C.

1. Resolution. When the engineering, inspection, and legal fees have been paid and when the necessary lien waivers and affidavits have been filed, a resolution accepting the project will be prepared and presented to the Village Board.
2. Security release. The security furnished pursuant to § 90-4C shall remain in full force for a minimum guarantee period of three years, or for a period as established in the developers agreement, whichever is greater, after the completion of the project and acceptance by the Board unless partially released as hereinafter provided. The security shall be held to guarantee the work performed pursuant to private contracts against defects in workmanship and materials. If any defect appears during the period of the guarantee, the subdivider or its contractor shall, at its expense, install replacements or perform acceptable repairs. In the event that the subdivider fails to install the replacement or perform the repairs, the Village may do so and deduct the cost thereof from the security deposit. Unless defects have appeared and have not been repaired, the Village shall release the security to the subdivider upon expiration of the guarantee period. [Amended 7-12-2007 by Ord. No. 5.07]

1. General. The subdivider shall pay the village all fees as hereinafter required and at the times specified.
2. Preliminary plat and certified survey review fee. [Amended 1-13-2005 by Ord. No. 9.04]
   1. The subdivider shall pay a flat fee plus a fee for each lot or parcel within the preliminary plat to the Treasurer at the time the application or reapplication is made for approval of any preliminary plat. The fees imposed shall be set annually by the Village Board.
   2. The subdivider shall pay a flat fee plus a fee for each lot or parcel to the Treasurer at the time the application is made for a certified survey map. The fees imposed shall be set annually by the Village Board.
3. Engineering, inspection and attorney fees.
   1. The subdivider shall pay all engineering, inspection, consulting and legal fees incurred by the village for services performed by or on behalf of the village in conjunction with the design, inspection and review of any preliminary plat, certified survey, final plat, comprehensive development plan, or contract, with the drafting of legal documents, and with such inspections as the Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority. Consulting, engineering, inspection and legal fees shall be the actual costs to the village on the basis of submitted invoices plus twice (2x) the actual payroll costs for time spent by any employees of the village. Such fees may be billed monthly, or upon completion of the project as determined by the Board.
   2. To guarantee payment of the engineering, inspection and attorneys fees, the subdivider shall deposit the sum of $1,000 with the Village Clerk at the time that the application for approval is first filed. If such fees are paid timely, the deposit will be refunded at the time that the final plat is approved by the Village Board or 30 days after the preliminary plat or final plat is rejected. In the event that the subdivider fails to pay such fees within 14 days of the time when the village submits its bill therefor, the village may deduct the amount of such fees from the security deposit.

1. Specific criteria for review (approval/denial) of preliminary extraterritorial land divisions, as provided below, must be considered. The proposal may be denied if any of the following result:
   1. Specific criteria -agricultural land division. Does the proposal:
      1. Reduce or diminish the continuation of viable or economically significant agricultural land use of the property?
      2. Adversely impact or create incompatible uses in relation to neighboring farm operations?
      3. Limit views, reduce potential access to natural resources, or in other ways diminish the quality of open space or rural character of the property?
      4. Have the effect of circumventing, restricting or blocking planned land uses or other elements of the Village of Holmen's Comprehensive Plan, including Official Map elements?
      5. While not changing use or zoning, have the effect of undermining the long-term sustainability of existing farm operations?
   2. Specific criteria -single-family non-farm residences. Does the proposal:
      1. Suggest privately sewered residential development on soils that place limitations on basement construction and septic field absorption?
      2. Suggest development on land where the property may be adversely affected by high groundwater or periodic flooding?
      3. Suggest development on land that exceeds 12% slope?
   3. Specific criteria -commercial/industrial. Does the proposal:
      1. Fail to arrange for obtaining the full range of urban services? Businesses requiring significant water resources, large septic facilities, or require fire protection supported by a public system with hydrants should be directed to the Village.
      2. Fail to address a broad public interest such as resource conservation or development of transportation-related facilities where there is a demonstrable public benefit or need?
      3. Fail to identify intended development of limited rural businesses that are supportive of agricultural uses?
   4. Specific criteria -mineral extraction. Land division to accommodate mineral extraction within the Village extraterritorial jurisdiction may not be approved unless:
      1. The establishment, maintenance, or operation of the site does not impair the uses, values, and enjoyment of other property in close proximity.
      2. The establishment, maintenance, or operation of the site shall not diminish or endanger public health, safety, comfort or general welfare.
      3. The location of the site shall not impede the normal and orderly development of permitted uses on surrounding property.
      4. The establishment, maintenance, or operation of the site shall not diminish the scenic or environmental value of area blufflands.
      5. A reclamation plan shall be submitted to the Village and approved for the site. The Village Plan Commission shall require all requests for review of preliminary extraterritorial land division proposals to meet the pre-application and submittal process requirements as identified in this chapter.
   5. Specific criteria -Village of Holmen Comprehensive Plan. Is the proposal:
      1. Consistent with the Village of Holmen Comprehensive Plan?
2. In the event the provisions of this chapter are in direct conflict with the provisions of the Village of Holmen Comprehensive Plan, the provisions of the Comprehensive Plan shall prevail.
3. Where more than one governing body or other agency has authority to approve or to object to a plat or certified survey map and the requirements of such bodies or agencies are conflicting, the plat or certified survey map shall comply with the most restrictive requirement.
4. Transmittal responsibility. The proposing subdivider shall be responsible for transmitting copies of the plat or map proposing any land division within the Village's extraterritorial plat jurisdiction to the designated planning and reviewing agencies of the affected Town, Village of Holmen and La Crosse County. The subdivider shall confirm in his letter of application to the Village that such transmittals have taken place.

1. No person shall loiter or loaf about public buildings, places or premises or wander about the streets, alleys, parks or other public places either by day or night, whose actions give rise to a suspicion of wrongdoing and who is unable to give a satisfactory account of himself, or who, having the physical ability to work, is without any visible means of support and does not seek employment, or who derives part of his support from begging, prostitution, pandering, fortune telling or as a similar impostor.
2. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

1. Any person under the age of 18 years violating the provisions of § 95-1 hereof may be referred to the proper juvenile authorities, as provided in Chapter 48 of the Wisconsin Statutes, and in the case of repeated violations by the same person both the person and the parents or legal guardian of such person shall be referred to the juvenile authorities.
2. Any person of 18 years or older violating §§ 95-1 and 95-2 hereof shall forfeit to the Village of Holmen the sum of not less than $50 or more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense, and the costs of prosecution, and in case of default of payment of such forfeiture and costs, shall be imprisoned in the County jail until payment of such forfeiture and costs of prosecution but not exceeding 30 days for each violation. [Amended 5-11-2006 by Ord. No. 5.06]

1. Any parent, guardian or person having legal custody of a child described in §§ 101-1 through 101-4 who has been warned and who thereafter violates any of the provisions of this article shall, upon conviction thereof, forfeit not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense. After a second violation within a six-month period, if the defendant, in a prosecution under this article, proves that he or she is unable to comply with this article because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Chapter 48, Wis. Stats.
2. Any minor person under 18 years of age who shall violate this article shall, upon conviction thereof, forfeit not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense.

1. Part or all of five or more days out of 10 consecutive days during which school is held during a school semester.
2. Part or all of the 10 or more days during which school is held during a school semester.

1. Suspend the student's operating privilege as defined in Sec. 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. (The Judge may also suspend the student's hunting and fishing privileges.) The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and the duration of the suspension.
2. Have the student picked up by the law enforcement officials and returned to his or her respective school as allowed in Sec. 48.19(1)(d)(8), Wis. Stats. This can be done by school officials, provided law enforcement officials with an updated list of "habitual truants."
3. Order the student to participate in counseling, community service, or a supervised work program as provided under Sec. 938.34(5g), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]
4. Order the student to remain at home except during hours in which the student is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a student to leave his or her home if the student is accompanied by a parent or guardian.
5. Order the student to attend an educational program under Sec. 938.34(7d), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]
6. A citation will be given to the student or parent of the student who is taken into custody by law enforcement officials, as provided under Sec. 48.19(1)(d)(8), Wis. Stats.
7. Failure to comply with a court order under this article can be handled with a "contempt of court" charge.

1. Predominately appeals to prurient, shameful, or morbid interest;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
3. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.

1. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.
2. Possesses a photograph or video of any person that was transmitted or distributed by another person which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this subsection if all of the following apply:

1. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:

1. Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this Chapter 101, Article III, of the Municipal Code.

1. To exercise jurisdiction over the construction, installation and inspection of new and/or used manufactured/mobile homes and mobile home condominiums;
2. To provide plan review and on-site inspections performed by persons or agencies certified by the Department of Commerce;
3. To establish and collect fees to defray costs; and
4. To provide remedies and penalties for violations.

1. The Building Department of the Village shall be created by the President. The administrative authority shall be a state certified building inspector so designated by the appointing authority subject to confirmation.
2. The appointing authority shall be the President of the Village subject to confirmation by the Board.

1. No person shall build, cause to be built or install any manufactured/mobile home or mobile home condominium, regardless of date dwelling was manufactured, without first obtaining a state uniform building permit and Village of Holmen zoning permit for such dwelling. Such building and zoning permits shall be furnished by the Village. A copy of such permits issued shall be filed with the Village Building Department.
2. The provisions of this article shall apply to all manufactured/mobile homes, regardless of date of manufacture, installed on manufactured home community property or private property.

1. Established. Pursuant to Ch. 755, Wis. Stats., there is hereby created and established a municipal court designated "Joint Municipal Court" for the City of Onalaska, Town of Campbell, Town of Shelby, Village of Bangor, Village of Holmen, Village of Rockland and the Village of West Salem (hereinafter referred to individually as "member municipality" and collectively as "member municipalities").
2. Municipal Court Committee. There is hereby created a Municipal Court Committee. The Municipal Court Committee shall be comprised of one representative of each member municipality who shall be appointed by the Mayor, President or Chair of the member municipality, subject to confirmation by the respective governing body, and in addition, one member who shall be a police chief of a member municipality. The Chief's position shall be replaced on a yearly basis by means of rotation among the chiefs. Chiefs will rotate as follows: Onalaska, Campbell, Shelby, Bangor, Holmen, and West Salem. In the event a member municipality not listed above has a police chief, they shall be added to the rotation. In order to assure participation and continuity of representation, each member municipality may appoint an alternate representative who shall act on committee matters in the absence of the representative. The term for each municipal member representative, other than Chief, shall be for two years.
3. Creation and qualification of the position of Municipal Judge. Pursuant to Ch. 755, Wis. Stats., the office of Municipal Judge is hereby created. Eligibility for the office of Municipal Judge shall be as follows: To be eligible for the office of Municipal Judge, a person must be a qualified elector of a member municipality.
4. Election and term of Municipal Judge. The position of the Municipal Judge shall be by election. The Municipal Judge shall be elected at large at the spring election, for a four-year term, commencing on May 1 succeeding their election. Electors of the member municipalities shall be eligible to vote for the Municipal Judge of the Joint Municipal Court.
5. Creation of the position of Clerk of the Municipal Court. Pursuant to Ch. 755, Wis. Stats., the office of the Clerk of the Joint Municipal Court is hereby created. Said Clerk shall take the position upon hire by the City of Onalaska and written appointment by the Municipal Judge. One member of the Joint Municipal Court Committee, selected by the Chair, shall participate in the interviews for the hiring of the Municipal Court Clerk. Training and compensation of said clerk shall be as determined by the City of Onalaska after consideration of any recommendation by the Municipal Court Committee.
6. Salary of Municipal Judge. The municipal judge shall receive a fixed salary and municipal judge's training pursuant to § 755.18, Wis. Stats., the salary to be determined by the City of Onalaska after consideration of the recommendation of the Municipal Court Committee, subject to § 755.04, Wis. Stats., which shall be in lieu of fees and costs. The salary may be increased for a new term prior to the beginning of the term of the judge or for the second year of the term of the judge, but shall not be decreased during the term of the judge. The salary shall be paid in monthly installments. No salary shall be paid to the Municipal Judge for any time during their term for which they have not executed and filed the official bond and oath as required by this section.
7. Bond and oath of Municipal Judge. The Municipal Judge shall, after election to fill a vacancy, take and file the official oath as prescribed in § 755.03, Wis. Stats., with the City Clerk of the City of Onalaska. In lieu of an official bond, the member municipalities shall collectively maintain the Municipal Court Judge on a dishonesty insurance policy or other appropriate insurance policy that covers the judge and a copy of the policy shall be provided yearly to the Joint Municipal Court Committee.
8. Oath of Municipal Court Clerk. The Municipal Court Clerk shall, before entering upon the duties of the office, take and file the official oath as prescribed in § 19.01 Wis. Stats., with the City Clerk of the City of Onalaska. The City of Onalaska shall provide a copy of the sworn oath to the other member municipalities.
9. Jurisdiction of Municipal Judge. The Municipal Judge shall have jurisdiction as provided in Article VII, §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. In addition, it shall have exclusive jurisdiction over actions in the municipalities that are parties to the agreement and seeking to impose forfeitures for violations of municipal ordinances, resolutions and bylaws.
10. Joint Municipal Court.

1. Fees and costs.

1. Withdrawal from Joint Municipal Court. Any member municipality may withdraw from this agreement by giving notice, in writing, to the Municipal Court Committee no later than September 30 of any year. Upon giving such notice, the member municipality's participation in the Joint Municipal Court shall terminate on December 31 of said year.
2. Statutes adopted by reference. Chapters 755 and 800, Wis. Stats., as may be amended, are hereby adopted by reference.
3. Contempt of court. The Municipal Judge, after affording an opportunity to the person accused to be heard in defense, may impose as sanction authorized under § 800.12, Wis. Stats., and may impose a forfeiture therefor not to exceed $200 or, upon nonpayment of the forfeiture and the assessments thereon, a jail sentence not to exceed seven days.

1. No person shall create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the village such as produces annoyance, inconvenience, discomfort, or hurt to any person, or to the enjoyment of property or comfort of any person, or affects the safety, health or morals of the public.
2. No person shall operate any mechanical device driven by gasoline, diesel or otherwise, without having the same equipped and using thereon a muffler, in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler cutout, bypass or similar device.
3. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital, shall be prohibited, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street. [Amended 10-12-2000 by Ord. No. 1.00]
4. The provisions of this section shall not apply to:
   1. Any vehicle of the village while engaged in necessary public business.
   2. Excavations or repairs of streets or other public construction by or on behalf of the village, county, or state at night when public welfare and convenience renders it impossible to perform such work during the day.
   3. The reasonable use of amplifiers or loudspeakers in the course of the public addresses or uses which are noncommercial in nature. [Amended 10-12-2000 by Ord. No. 1.00]

1. The name, address and telephone number of the applicant.
2. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.
3. The name, address and telephone number of the person who will be responsible for conducting the parade.
4. The date when the parade is to be conducted and its duration.
5. The assembly area, the starting point, the route to be traveled and the termination point.
6. The estimated number and size of units comprising the parade.[2]
7. If the parade is to be conducted by or for any person other than the applicant, the applicant for such permit shall file with the Clerk a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his behalf.
8. Any additional information which the Clerk finds reasonably necessary to a fair determination as to whether a permit should be issued.

1. If it is for a parade that is to be held on a work day during hours when and at places where, in addition to the proposed parade, the flow of vehicular traffic is usually delayed by its own volume; or
2. If it is for a parade that is to be held between the hours of 7:00 p.m. and 8:00 a.m.
3. If sufficient parade marshals are not provided as to reasonably assure the orderly conduct of the parade.

1. [3]If it is made less than two weeks in advance of the time the parade is scheduled to commence; or
2. If it is for a parade that is primarily for private or commercial economic gain; or
3. If it is for a parade which would involve violation of federal, state, or local laws relating to use of highways or of other applicable regulations of the Village of Holmen; or
4. If the granting of the permit would conflict with another permit already granted or for which application is already pending; or
5. If the application does not contain the information required by § 119-6; or
6. If more than one assembly area or more than one dispersal area is proposed; or
7. Failure to comply with s. 84.07(4), Wis. Stats.[4]

1. The policing of the parade will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the municipality; or
2. The parade will so substantially hinder the movement of police and fire and other emergency vehicles as to create a substantial risk to persons and property; or
3. The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or
4. The parade is so poorly organized that participants are likely to engage in aggressive or destructive activity.

1. Time when required. The Clerk shall act as promptly as he or she reasonably can on all applications for permits after consulting with other government agencies directly affected and after consulting with the applicant, if necessary. All applications filed 30 days or more in advance shall be granted or denied not less than 10 days before the date of the parade stated in the application. Action on applications filed less than 30 days in advance shall be taken within seven days after the application is filed, but in no case later than 10 hours in advance of the time applied for. The Clerk shall immediately, by the most reasonable means of communication, notify the applicant of such action and, if the application is denied, the reasons for denial of the permit.[5]
2. Modification of requested permit. In lieu of denying a permit, the Clerk may authorize the changing of assembly areas or dispersal areas or the conducting of the parade at a date or time or over a route different than as applied for as permitted. The applicant or permittee may accept such modification by immediately notifying the Clerk, in writing, of such acceptance.

1. Permittee. A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws, ordinances and other regulations of the state and Village of Holmen.
2. Participants. No person who leads or participates in a parade shall disobey, or encourage others to disobey, this chapter after a law enforcement officer has directly and presently informed him or her of any of the provisions of this chapter or the terms of the applicable parade permit.

1. Purpose; definition.
   1. In order to protect the parks, parkways, recreational facilities and conservancy areas within the Village from injury, damage or desecration, these regulations are enacted.
   2. The term "park" as hereinafter used in this chapter shall include all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility or conservancy district in the Village.
2. Specific regulations.
   1. Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park.
   2. Sound devices. No person shall operate or play any amplifying system without an approved event permit issued by the Village.
   3. Bill posting. No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in any park, except park regulations and other signs authorized by the Village.
   4. Throwing stones and missiles prohibited. No person shall throw stones or other missiles in or into any park.
   5. Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
   6. Trapping. No person shall trap in any park unless specific written authority is first obtained from the Village Board.
   7. Making of fires. No person shall start, tend or maintain a fire except in personal grills or designated fireplaces. Personal grills shall be used only in designated picnic areas. The use of personal grills is permitted, provided lawns and vegetation are not endangered. Unburned fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any park property.
   8. Protection of park property. No person shall kill, injure or disturb or attempt to injure or disturb waterfowl, birds or animals, wild or domestic, within any park, except as permitted by this chapter. No person shall climb any tree or remove flowers, vegetation or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub, flower, flower bed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.
   9. Motorized vehicles. Except for authorized maintenance or emergency vehicles, no person shall operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. Motor vehicles are restricted to the roads and drives and parking areas. No motor vehicles of any nature may be used on the seeded areas except vehicles which have a Village Board authorization for shows, rides or exhibits and then only for the purpose of loading and unloading.
   10. Snowmobiles. No person shall operate a snowmobile or all-terrain vehicle in a Village park except in designated areas.
   11. Speed limit. No person shall operate any vehicle in a Village park in excess of 15 m.p.h. unless otherwise posted.
   12. Glass beverage bottles in parks prohibited. No person shall bring into, carry onto or possess while in any public park glass bottles or glass containers, including those containing or normally used for containing soda water, fermented malt beverages or alcohol.
   13. Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the public parks of the Village.
   14. Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area.
   15. Horse and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park, except on roads or designated bridle paths, except when approval of the Parks and Recreation Department is first obtained. It shall be unlawful for any person to ride a horse or drive a horse-driven vehicle in a careless, negligent or reckless manner which may endanger the safety and well-being of others. Horseback riding shall be allowed only during the daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. No horse shall be ridden in a reckless manner. Pedestrians shall have the right-of-way when crossing a bridle path, and, whenever groups of people are visible within 300 feet, horses shall be ridden at slow gait.
   16. Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
   17. Golfing and sporting activities. No golfing or practicing golf in Village parks or recreation areas shall be allowed except with the use of a whiffle ball in designated areas. All sporting activities must be held in areas so designated for that purpose.
   18. Arrows. No person shall use or shoot any bow and arrow in any Village park.
   19. Fees and charges. The Village Board, upon the recommendation of the Parks and Recreation Committee, shall have the authority to establish such fees as deemed necessary for use of any park facility, shelter or land area. It shall be unlawful to use such areas without payment of such fee or charge when required.
   20. Pets. Pets, including animals of any species, are allowed in designated areas only. No person having charge or control of any pet shall allow such pet to run at large within any Village park, but shall keep such pet attended and on a leash at all times. Pets must be licensed. Pet owners must pick up and remove any fecal matter deposited by their pet(s).
   21. Firearms; hunting. Possessing or discharging of any firearm or weapon is prohibited in all Village parks. Said possession or discharge shall be subject to any and all rules and regulations of the Holmen Police Department.
   22. Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all Village parks.
   23. Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act is prohibited in all Village parks.
   24. Camping. Overnight camping is not permitted in any Village park. Notwithstanding this prohibition, however, the Park and Recreation Board may permit individual persons or groups of persons having a common purpose to remain in one or more designated area(s) of a park for some or all of the hours between 11:00 p.m. and 6:00 a.m., during recognized special events open to the general public, subject to the terms and conditions which the Village deems necessary and/or desirable.
   25. Utility installation and construction. Any private construction which may in any manner encroach upon or affect the parks and parkways shall be under the direction and jurisdiction of the Village Board, and no such installation, repair or construction shall commence without the written permission therefor from the Board. All public works, including construction and installation of power lines, hydrants, sewers and the like, shall be commenced only after notice to the Board of intent so to do. Where practicable, such construction and installation shall be performed pursuant to recommendations by the Board.
   26. Tennis courts. It shall be unlawful for any person to operate, ride or use a skateboard, bicycle, tricycle or other similar device, or roller skates or rollerblades on any public tennis courts. Tennis courts shall be used for tennis purposes only.
   27. Swimming.
       1. No person shall swim or bathe in any lake, river, creek, lagoon, beach or public swimming pool under the jurisdiction of the Village Park and Recreation Department except at such places and at such times as the Village Board may direct.
       2. No person shall swim or bathe in any detention or retention pond under the jurisdiction of the Village.

1. Park hours. Subject to certain exceptions listed below, all Village parks shall be closed from 10:00 p.m. to 8:00 a.m. Deer Wood Park shall be closed from 11:00 p.m. to 8:00 a.m.
2. Exceptions to closing hours. A person driving through a park on a public road; however, stopping shall not be permitted within a park. The Village may modify closing hours for particular events.
3. Park closing and opening dates. The Park and Recreation Committee will have full authority to open and close any park, beach, facility or area because of season, condition, construction or when, in the interest of public safety, it is deemed necessary.

1. Definition. As used in this chapter, the following terms shall have the meanings indicated: ULTRA-LIGHT AIRCRAFT, VEHICLE OR HANG GLIDER — An unpowered or powered aircraft which is not subject to extensive regulation by the Federal Aviation Administration by virtue of its characteristics and which is defined as an ultra-light vehicle by 14 C.F.R. § 103.1 and which is defined as an ultra-light aircraft by § 114.195, Wis. Stats.
2. Regulations regarding use.
   1. No person shall operate any ultra-light aircraft within the Village in such a manner or in such a location as to endanger or injure any person or property. No person shall operate an ultra-light aircraft in the Village in violation of any applicable state and federal regulations and standards. No person shall cause an ultra-light aircraft to land or to take off from any property without permission of the owner or occupant of said property, provided that an emergency landing may be made to prevent a catastrophe. In the case of landing or taking off from a Village public park or other Village property, the operator of such ultra-light aircraft shall first obtain a permit from the Parks and Recreation Department. A fee may be charged by the Parks and Recreation Department for such permit which may be issued for a period up to 30 days. The Parks and Recreation Department shall not sponsor such activity.
   2. Any person desiring to land or to take off from any property owned by the Village of Holmen shall, prior to receiving a permit, procure evidence of insurance providing for not less than $500,000 of coverage for each occurrence for damage to property or personal injury. Evidence of such insurance shall include a certificate of insurance naming the Village of Holmen as an additional insured, and said certificate shall be filed with the Village Clerk at the time the applicant seeks a permit.

1. Policy on reservation. The Village-owned park and park facilities and shelter areas are primarily for the nonexclusive use of the residents and visitors of the Village. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted. This section is intended to regulate exclusive use of municipally-owned parks, park facilities, park shelters or parts thereof in the Village to the end that the general welfare of the Village is protected
2. Reservation of park space. A person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by written application filed with the Parks and Recreation Department for a permit for exclusive use of the same. The Parks and Recreation Department shall issue permits for exclusive use of a portion of a park or park shelter, while the Village Board, upon the recommendation of the Parks and Recreation Committee, shall issue permits for the exclusive use of Village parks. Park facilities are reserved on a first-requested, first-reserved basis; provided, however, that during the month of January of each year, only residents of the Village of Holmen may reserve the use of a park facility or a park shelter for the current year only. Thereafter, any person or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter for the current year only.
3. Application. Applications shall be filed, in writing, with the Parks and Recreation Department at least 30 days prior to the date on which the exclusive use of the entire park is requested, or at least five days prior to the date on which a park shelter or a portion of a park is to be used, and shall set forth the following information regarding the proposed exclusive use:
   1. The name, address and telephone number of the applicant.
   2. If the exclusive use is proposed for a group, firm, organization, partnership or corporation, the name, address and telephone number of the headquarters of the same and the responsible and authorized heads or partners of the same.
   3. The name, address and telephone number of the person who will be responsible for the use of said park, area or facility.
   4. The date when the exclusive use is requested and the hours of the proposed exclusive date.
   5. The anticipated number of persons to use said park, area or facility.
   6. Any additional information which the Village Board, Parks and Recreation Committee, Parks and Recreation Department, or Village Administrator/Clerk finds reasonably necessary to a fair determination as to whether a permit should be issued.
4. Fee and deposit. The Village Board shall establish a schedule of fees for park space and shelter use. In addition to any required fee, all applicants for reservation of exclusive use of park space for which a permit is required shall also be required to pay a deposit in an amount as determined by the Village Administrator to insure compliance with the permit's terms and to pay for the Village's maintenance and clean-up expenses, minimum deposit amount of $100 per event day. Applications for reservations for exclusive use of park space shall not be accepted unless accompanied by the deposit and the park fee and a signed agreement for such reservation and/or use. The deposit shall be returned after the use if cleanup or repair by the Village is not required and if all terms of the permit have been fully complied with.
5. Action on application. The Village Board or appropriate committee thereof shall act promptly on all applications for permits for exclusive park use (not shelter use) after consulting with the applicant, if necessary.
6. Reasons for denial. Applicants may be denied for any of the following reasons:
   1. If it is for a use which would involve a violation of federal or state law or any provision of this Code.
   2. If the granting of the permit would conflict with another permit already granted or for which application is already pending.
   3. If the application does not contain the information required by Subsection C above.
   4. The application is made less than the required days in advance of the scheduled exclusive use.
   5. If it is for a use of the park or park facility at a date and time when, in addition to the proposed use, anticipated nonexclusive use by others of the park or park facility is expected and would be seriously adversely affected.
   6. If the law enforcement requirements of the exclusive use will require so large a number of persons as to prevent adequate law enforcement to the park, park facility or shelter area involved or of the rest of the Village.
   7. The exclusive use will reasonably create a substantial risk of injury to persons or damage to property.
   8. The exclusive use is so poorly organized that participants are likely to engage in aggressive or destructive activity.
7. Indemnification. Prior to granting any permit for exclusive use of the park, the Village may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Village and such other third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the exclusive use sufficient to indemnify the Village and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.
8. Permit not required for village activity. A permit is not required for exclusive use of the park or a park facility sponsored by the Village.
9. Permit revocation. The Village Board, Park and Recreation Committee, and or the Chief of Police or his designee(s) after granting a permit may revoke a permit already issued if it is deemed that the terms of the permit are not being complied with, or that such action is justified by an actual or potential emergency due to weather, fire, riot, catastrophe or likelihood of a breach of the peace or by a major change in the condition forming the basis of the permit.
10. Form of permit. Each permit shall be in a form prescribed by the Park and Recreation Committee and shall designate the park, park facility or shelter area involved, date, hours of the exclusive use, purpose of the exclusive use and the name of the person, group, firm, organization, partnership or corporation to which the permit is issued.
11. Class B fermented malt beverage licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained and the provisions of Chapter 78 shall be fully complied with. Said license must be held by the person who filed the original license and shall be presented to any law enforcement officer upon request.
12. Violation of terms of permit. It shall be unlawful for any person, organization or other entity to which a permit is issued for a specific park, park area or shelter to use or occupy a park, park area or shelter other than that for which the permit is issued. Any person, organization, or other entity violating this section shall be subject to immediate revocation of its permit and removal from the park, park area or shelter, forfeiture of the deposit paid, together with forfeiture as provided in §§ 121-6 and 121-7 of the Code of Ordinances.

1. The applicant's name, place and date of birth and residence address.
2. The names and addresses of the business and of the owner of the business premises.
3. A statement as to whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of the licensed activity and, if so, the nature and date of the offense and the penalty assessed.
4. Whether the applicant is a natural person, corporation, limited liability company or partnership and:

1. The name of the manager or proprietor of the business.
2. Any other information that the Village Clerk may reasonably require.

1. Identification. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. At the time of the transaction, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to present one of the following types of identification:

1. Transactions with minors.

1. Records.

1. Holding period.

1. Report to law enforcement agency. Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection by a law enforcement officer the original form completed under Subsection C(1) or the inventory under Subsection C(2), whichever is appropriate, and the licensee shall photograph all such item(s) received and shall import a digital copy of such photographs and all information pertaining to the transaction of such item(s) into an off-site electronic database or tracking system of the Village of Holmen Police Department's choosing. Notwithstanding Wisconsin Statute § 19.35(1), law enforcement agency receiving the original form or inventory or a declaration of ownership or information from electronic database tracking may disclose it only to another law enforcement agency.
2. Exception for customer return or exchange. Nothing in this section applies to the return or exchange, from a customer to a secondhand article dealer or secondhand jewelry dealer, of any secondhand article or secondhand jewelry purchased from the secondhand article dealer or secondhand jewelry dealer.
3. Investigation of license applicant. The Village Police Department shall investigate each applicant for a pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's license to determine whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under Wisconsin Statute § 134.71(5)(c), and, if so, the nature and date of the offense and the penalty assessed. The Village Police Department shall furnish the information derived from that investigation in writing to the Village Clerk.

1. The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land if the following conditions are met:

1. The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with Wisconsin Statute § 134.71(8).

1. The Village of Holmen shall grant the license if all of the following apply:

1. No license issued under this section may be transferred.
2. License terms.

1. For a pawnbroker's license;
2. For a secondhand article dealer's license;
3. For a secondhand jewelry dealer's license;
4. For a secondhand article dealer mall or flea market license.

1. Upon conviction for a first offense under this chapter, a person shall forfeit not less than $50 nor more than $1,000.
2. Upon conviction for a second or subsequent offense under this chapter, a person shall forfeit not less than $500 nor more than $2,000.

1. Employees of licensed establishments are not required to obtain a license in addition to the establishment's license.
2. Businesses conducting an organized show, event or market on a temporary basis at a temporary location whose coordinator or organizer has obtained a license under this chapter shall not in addition be required to obtain a license for each business, person or entity; however, they shall be required to comply with §§ 123-6, 123-7, 123-8 and 123-9, provided the same are applicable, and provided further that such person, business or entity is engaged in the business of purchase or exchange of secondhand goods containing precious metals or stones.

1. Transactions between one licensed established business in the normal course of business and another licensed established business.
2. Any precious metal or gem business, at least 90% of whose gross income is derived from the sale of newly manufactured merchandise and who certifies this to the Village Clerk upon enactment of this chapter and thereafter whenever a retail occupational license shall be obtained or renewed.
3. Estates purchased through banks, attorneys, or at auctions or real estate sales.
4. Industrial residue or by-products and waste purchased from manufacturing firms.
5. Coins which are not currently in circulation, purchased for their numismatic value.
6. Monetized bullion, including Krugerrands, Canadian Maple Leaf, Mexican 500 pesos and United States silver and gold coins.
7. Transactions between a precious metal and gem business and its customer wherein the previous metal or gem is exchanged for, or the value applied to, the purchase price of other merchandise, provided that no cash, check, money order, cashier's check or other negotiable instrument is paid to the customer by the precious metal and gem business, and provided the purchase price of the merchandise sold by the business or dealer to the customer is at least $100 in excess of the credit applied to the customer for the customer's precious metal or gems taken in trade.
8. Nonprofit charitable organizations which receive and sell only donated items.

1. This chapter assumes that all items purchased hereunder will first be budgeted in the Village's annual budget. Purchase of various items, materials and services for the Village are hereby divided into four classes:

1. The procedures for the purchase of materials by the Village of Holmen are hereby established as follows:

1. The following guidelines apply to the purchasing level and purchase approval authority for the Village of Holmen:

1. Any governing committee or commission, Village Board or Village Administrator can require a purchase of supplies, materials, equipment or contract for services be submitted to the bid procedure at their discretion.
2. Emergency situations may occur which will require the purchase of items or services that exceed the thresholds for item cost and approval as outlined in § 136-5 of the Holmen Village Code of Ordinances. In the event an emergency situation should arise, the following procedures shall apply:

1. Responsibility for the inventory of Class A items.
2. Responsibility to assist and advise the department heads and committees in acquisition of Class B items.
3. Serving in an advisory capacity to all departments and committees in matters of requisitions, purchases, bidding and requested exceptions to these procedures.
4. The detection of unauthorized purchases by any office, department or employee of the Village and prompt referral of the matter to the Village Administrator, the Finance and Personnel Committee and the Village President.
5. Receiving complaints from any department or office as to item quality or quantity deficiencies. If the Purchasing Agent is not able to resolve the matter, it will be the responsibility of the Purchasing Agent to refer the matter to the Village Administrator, the governing committee and/or the Finance and Personnel Committee for resolution.
6. Solicit annual needs estimates from each department during budget preparation period, receive and fill item requests from each department, and honor emergency requests based on unusual or unforeseen circumstances.
7. Arrange delivery of Class A and Class B items purchased and recover costs involved by ensuring they are charged to the appropriate department.

1. Except as provided under § 140-7, each officer and employee of the village shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees
2. Upon the expiration of an officer's term of office or an employee's term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody, and the successor shall receipt therefor to the officer or employee, who shall file such receipt with the Village Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Clerk on behalf of the successor, to be delivered to such successor upon the latter's receipt.

1. The Village Clerk or, in his or her absence or disability or in case of vacancy, the Deputy Clerk is hereby designated the legal custodian of all village records.
2. Unless otherwise prohibited by law, the Village Clerk or the Clerk's designee shall act as legal custodian for the Village Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Village Board.
3. For every authority not specified in Subsection A or B, the authority's chief administrative officer is the legal custodian for the authority, but the officer may designate an employee of his or her staff to act as the legal custodian.
4. Each legal custodian shall name a person to act as legal custodian in his or her absence or the absence of his or her designee.
5. The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Subchapter II of Chapter 19 of the Wisconsin Statutes and this chapter. The designation of a legal custodian does not affect the powers and duties of an authority under this chapter.

1. Except as provided in § 140-6, any person has a right to inspect a record and to make or receive a copy of any record as provided in W.S.A. s. 19.35(1).
2. Records will be available for inspection and copying during all regular office hours.
3. If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon at least 48 hours' advance notice of intent to inspect or copy.
4. A requester shall be permitted to use facilities comparable to those available to village employees to inspect, copy or abstract a record.
5. The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
6. A requester shall be charged a fee to defray the cost of locating and copying records as follows:
   1. The cost of photocopying shall be set by resolution of the Village Board from time to time.
   2. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.
   3. The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged.
   4. If mailing or shipping is necessary, the actual cost thereof shall also be charged.
   5. There shall be no charge for locating a record unless the actual cost therefor exceeds $50, in which case the actual cost shall be determined by the legal custodian and billed to the requester.
   6. The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds $5.
   7. Elected and appointed officials of the village shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
   8. The legal custodian may provide copies of a record without charge or at a reduced charge where he or she determines that waiver or reduction of the fee is in the public interest.
7. Pursuant to W.S.A. s. 19.34 and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom and the methods whereby the public may obtain information and access to records in its custody, make requests for records or obtain copies of records and the costs thereof.

1. A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under W.S.A. s. 19.37. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under § 140-4F(6). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
2. Each custodian, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor. If the legal custodian, after conferring with the Village Attorney, determines that a written request is so general as to be unduly time-consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance.
3. A request for a record may be denied as provided in § 140-6. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under W.S.A. s. 19.37(1) or upon application to the Attorney General or a district attorney.

1. As provided by W.S.A. s. 19.36, the following records are exempt from inspection under this chapter:
   1. Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law.
   2. Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the state.
   3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection.
   4. A record or any portion of a record containing information qualifying as a common law trade secret.
2. As provided by W.S.A. s. 43.30, public library circulation records are exempt from inspection under this chapter.
3. In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Village Attorney, may deny the request, in whole or in part, only if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:
   1. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.
   2. Records of current deliberations after a quasi-judicial hearing.
   3. Records of current deliberations regarding any village officer or employee concerning employment, dismissal, promotion, demotion, compensation, performance or discipline or the investigation of charges against a village officer or employee, unless such officer or employee consents to such disclosure.
   4. Records concerning current strategy for crime detection or prevention.
   5. Records of current deliberations or negotiations on the purchase of village property, investing of village funds or other village business whenever competitive or bargaining reasons require nondisclosure.
   6. Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.
   7. Communications between legal counsel for the village and any officer, agent or employee of the village when advice is being rendered concerning strategy with respect to current litigation in which the village or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under W.S.A. s. 905.03.
4. If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The custodian shall confer with the Village Attorney prior to releasing any such record and shall follow the guidance of the Village Attorney when separating out the exempt material. If, in the judgment of the custodian and the Village Attorney, there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.

1. Village officers may destroy the following nonutility financial records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Legislative Audit Bureau or an auditor licensed under W.S.A. ch. 442, but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to W.S.A. s. 16.61(3)(e), and then after such shorter period:
   1. Bank statements, deposit books, slips and stubs.
   2. Bonds and coupons after maturity.
   3. Canceled checks, duplicates and check stubs.
   4. License and permit applications, stubs and duplicates.
   5. Official bonds.
   6. Payrolls and other time and employment records of personnel included under the Wisconsin Retirement Fund.
   7. Receipt forms.
   8. Special assessment records.
   9. Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.
   10. Vouchers and supporting documents pertaining to charges not included in plant accounts of municipal utilities and the Sewer Department.
   11. Other municipal utility and Sewer Department records with the written approval of the State Public Service Commission.
2. Village officers may destroy the following utility records of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Legislative Audit Bureau or any auditor licensed under W.S.A. ch. 442, subject to State Public Service Commission regulations, but not less than seven years after the record was effective, unless a shorter period has been fixed by the State Public Records Board pursuant to W.S.A. s. 16.61(3)(e), and then after such a shorter period, except that water stubs, receipts of current billings and customers' ledgers may be destroyed after two years:
   1. Contracts.
   2. Excavation permits.
   3. Inspection records.
   4. Water stubs.
   5. Sewer rental charge stubs.
   6. Receipts of current billings.
   7. Customers' ledgers.
3. Village officers may destroy the following records of which they are the legal custodians and which are considered obsolete, but not less than seven years after the record was effective, unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the State Public Records Board pursuant to W.S.A. s. 16.61(3)(e), and then after such a shorter period:
   1. Insurance policies.
   2. Election notices.
   3. Canceled registration cards.
   4. Assessment rolls and related records, including Board of Review minutes.
   5. Contracts and papers relating thereto.
   6. Correspondence and communications.
   7. Financial reports other than annual financial reports.
   8. Oaths of office.
   9. Reports of boards, commissions, committees and officials duplicated in the Village Board minutes.
   10. Resolutions and petitions.
   11. Voter record cards.
4. Unless notice is waived by the State Historical Society, at least 60 days' notice shall be given the State Historical Society prior to the destruction of any record as provided by W.S.A. s. 19.21(4)(a).
5. Any tape recordings of a governmental meeting of the village may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.

1. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

1. Application for service.
   1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb the sanitary sewer or appurtenances thereof without first obtaining a written permit from the approving authority. Every person connecting with the sewer system shall file an application, in writing, to the Utility in such form as is prescribed for that purpose. Blanks for such applications will be furnished by the Village Clerk. The application must state fully and truly all the use which will be allowed. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application.
   2. The application may be for service to more than one building, or more than one unit of service through one service connection, only if previously approved by the State of Wisconsin Department of Industry, Labor and Job Development, and, in such case, charges shall be made accordingly.
   3. If it appears that the service applied for will not provide adequate service for the contemplated use, the Utility may reject the application. If the Utility shall approve the application, it shall issue a permit for services as shown on the application.
2. Permits. After sewer connections have been completed in a building or upon any premises, no plumber shall make any alterations, extensions or attachments, unless the party ordering such work shall exhibit the proper permit.
3. User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.
4. User use only. No user shall allow others or other services to connect to the sewer system through his or her lateral.
5. User to permit inspection. Every user shall permit the Village Board, or its duly authorized agent, at all reasonable hours of the day, to enter his or her premises or building to examine the pipes and fixtures, and the manner in which the drains and sewer connections operate; and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.
6. Utility responsibility. The village and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage or freezing of any service pipes; nor from any damage arising from maintaining or repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer service at any time for the purpose of repairs, or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any district of said village, the village shall, if practicable, give notice to each and every consumer within said village of the time when such service will be so shut off.
7. Permit fees. A connection permit shall be obtained from the Utility prior to connecting any piping to the laterals or mains. The fee for this permit shall be as stated in the current sewer service charge system.

1. In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
2. No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations.
3. Excavations shall be backfilled in accordance with the Village Standard Specifications. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the area as good, at least, as before it was disturbed, and satisfactory to the village, county and state. No opening of the streets for tapping the pipes will be permitted when the ground is frozen, except when necessary.
4. A permit from the village or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. Such permit shall be obtained and exhibited to the Plumbing Inspector before a plumbing permit will be issued.

1. No person, except those having special permission from the Utility, or persons in its service and approved by it, will be permitted, under any circumstances, to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said village.
2. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures, and materials must be approved by the approving authority before installation.
3. The person making a connection to a public sewer shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the approving authority.
4. Pipes should not be tapped on the top and not within 18 inches (45 centimeters) of the joint or within 36 inches (90 centimeters) or another lateral connection.
5. All connections to existing sewer mains shall be made with a saddle "T" or "Y" fitting set upon a carefully cut opening centered in the upper quadrant of the main sewer pipe and securely strapped on with corrosion resistant straps or rods, or with solvent welded joints in the case of plastic pipe.

1. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquid or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment facility.
3. Any waters or wastes having a pH lower than 5.0 or in excess of 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater treatment facilities.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. The following described substances, materials, waters or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limbs, public property or constitute a nuisance. The approving authority may set limitations more stringent than those established below if such more stringent limitations are necessary to meet the above objectives. The approving authority will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials or construction of the sanitary sewers, the wastewater treatment facility and other pertinent factors. Wastes or wastewaters discharged to the sanitary sewers shall not exceed the following limitations:
   1. Wastewater having a temperature higher than 150° F. (65°C.).
   2. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
   3. Wastewater from commercial/industrial/institutional plants containing floatable oils, fat or grease.
   4. Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
   5. Any waters or wastes containing iron, chromium, copper, zinc, silver and other toxic and nonconventional pollutants to such degree that the concentration exceeds levels specified by federal, state and local authorities.
   6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule or regulation.
   7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.
   8. Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
   9. Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids or create a condition deleterious to structures and treatment processes.
   10. Materials which exert or cause:
       1. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
       2. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
       3. Unusual concentrations of inert suspended solids (such as, but limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
       4. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
   11. Incompatible pollutants in excess of the allowed limits as determined by local, state and federal laws and regulations by the Environmental Protection Agency (EPA), 40 CFR 403, as amended from time to time.

1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of said approving authority any human or animal excrement, garbage or objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said approving authority, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
   1. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the village is hereby required, at the owner's expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 365 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line. Upon failure to do so, the village may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45; provided, however, that the owner may, within 30 days after the completion of the work, file a written request with the Utility stating that he or she cannot pay such amount in one sum and asking that it be levied in not to exceed 10 equal installments and that the amount shall be so collected with interest at the current village rate per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to W.S.A. s. 281.45.
   2. In lieu of the above, the Utility, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, of an amount equal to 150% of the average residential charge for sewer service, payable quarterly for the period in which the failure to connect continues, and upon failure to make such payment, said charge shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45.

1. Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
2. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the approving authority. The application for such permit shall be made on a form furnished by the approving authority, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the approving authority.
3. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the approving authority. The approving authority shall be allowed to inspect the work at any stage of construction and, in the event, the applicant for the permit shall notify the approving authority when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the approving authority.
4. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Commerce of the State of Wisconsin. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in this chapter, a direct connection shall be made to the public sewer within one year, in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
6. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the approving authority. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

1. No person shall make connection of roof downspout, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.
2. All existing downspout or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 60 days of the date of an official written notice from the approving authority.

1. Reject the wastes.
2. Require pretreatment to an acceptable condition for discharge to the public sewers.
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

1. Spill prevention plans.
   1. Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill prevention plans, including the facilities and the operating procedures, shall be approved by the POTW before construction of the facility.
   2. Industrial users that store hazardous substances shall not contribute to the POTW after the effective date of this chapter unless a spill prevention plan has been approved by the POTW. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances.
2. The POTW shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
   1. Description of discharge practices, including nonroutine batch discharges.
   2. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition of this chapter, with procedures for follow-up written notification within five days.
   3. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

1. Procedure.
   1. In the case of any discharge in violation of this chapter or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings, as defined by this chapter, the industrial user shall immediately notify the POTW or the Village Clerk of the discharge by telephone. The notification shall include:
      1. The date, time, location and duration of the discharge.
      2. The type of waste, including concentration and volume.
      3. Any corrective actions taken by the user.
   2. Within five days following such a discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
   3. Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed under this chapter or other applicable state or federal law.
2. Notification of changed discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12.

1. Users shall retain and make available upon request of authorized representatives of the POTW, the state or the EPA all records required to be collected by the user pursuant to this chapter or any permit or order issued pursuant to this chapter.
2. These records shall remain available for a period of at least three years after their collection.
3. This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.

1. Information and data (other than effluent data) about a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When such a confidentiality claim is asserted, the information shall be treated as such until a determination is made by the POTW. Effluent data shall be available to the public without restriction.
2. When the person furnishing a report satisfies the POTW that such person has made the demonstration required by Subsection A, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this chapter, the WPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.

1. A minimum six-foot diameter manhole with steps and a bench for setting of equipment shall be installed. These manholes shall have a minimum twenty-four-inch diameter opening with cast-iron manhole cover or lockable lid. These sampling manholes shall be located at least 15 feet downstream of any bends, junctions or manholes. Maximum slope of upstream pipe shall be 2%.
2. All manholes shall be installed with flow measuring devices, such as a Parshall flume, Palmer Bowlus flume, subsonic flume or other suitable device as approved by the approving authority. An integral staff gauge shall be provided with each unit with measurements in hundredths of a foot. Flume size and type depends on flow rates anticipated and accuracy desired.
3. A flow metering device shall be provided. The metering device shall be a bubbler, ultrasonic or subsonic device as approved by the approving authority. Flow shall be indicated, totalized and recorded. A 4-20 mA signal or pulse proportional to flow shall be outputted to a sampler for flow proportional sampling.
4. A refrigerated flow proportional sampler shall be furnished, suitable for composite or hourly sampling (twenty-four-hour intervals).
5. Plans for the aforementioned facilities shall be prepared by a licensed professional engineer.
6. Plans, specifications and hydraulic calculations shall be submitted to the approving authority.
7. Control manholes, access facilities and related equipment shall be installed by the person discharging the waste, at his or her expense, and shall be maintained by him or her so as to be in safe condition, accessible and in proper operating condition at all times.

1. Any industrial user, except as specified in Subsection E below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR part 261, shall notify the POTW, in writing, of such discharge
2. All hazardous waste notifications shall include:
   1. The name of the hazardous waste as set forth in 40 CFR part 261.
   2. The EPA hazardous waste number.
   3. The type of discharge (continuous, batch or other).
   4. A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
3. In addition to the information submitted in Subsection B above, industrial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall obtain to the extent such information is known and readily available to the industrial user:
   1. An identification of the hazardous constituents contained in the waste.
   2. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month.
   3. An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
4. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must be submitted in accordance of this chapter.
5. Industrial users are exempt from the hazardous waste notification requirement during a calendar month in which they discharge 15 kilograms or less of nonacute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification.

1. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes.
2. The determination shall be made by the industry as often as may be deemed necessary by the approving authority.
3. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority.
4. Installation, operation and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

1. Persons discharging industrial wastes into any public sewer may be required to pretreat such wastes if the approving authority determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants.
2. In that event, such persons shall provide at his or her expense, such pretreatment or processing facilities as may be determined necessary to render wastes acceptable to admission to the sanitary sewers.

1. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and with the Federal Regulations of 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants, as amended from time to time. Sampling methods, location, time, durations and frequencies are to be determined on an individual basis subject to approval of the approving authority.
2. Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the approving authority at the cost of the discharger. The approving authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges.

1. Quarterly service charges.
   1. Quarterly fixed charge is calculated annually based on the number of "residential equivalent units" in the village. The charge is determined as follows: (annual debt service cost + annual replacement fund amount) - (estimated connections fees)/estimated REU's/four quarters = fixed quarterly charge. Residential customers are assigned one REU per unit, all other sewer users are annually allocated REU's based on previous years consumption and charged the fixed rate per REU, per quarter.
   2. Volume based charge is calculated annually based on the estimated volume of sewer consumption for the next year. The charge is determined as follows: (budgeted operating and maintenance cost)/estimated volumes per 1,000 gallons = volume charge per 1,000 gallons.
2. Other charges.
   1. Reserve capacity charges(hook-up fees) are $540 per REU; after two, the fee is decreased to $378 per REU for the next 14 units and $270 for each additional unit after 16.
   2. Southern service area connection charge: residential ($300 per REU and $225 per mobile home); commercial, manufacturing and public authority ($1,000 per acre).
   3. Northwest service area connection charge: $280 per REU (subject to annual CPI adjustments).

1. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in Article I. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund.
2. All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance of the wastewater facilities.

1. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewage unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee per calendar year. The amount of the annual fee shall be as established by the approving authority. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted.
2. Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount as established by the approving authority to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
3. All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person(s) agrees that they will comply with the provisions of any and all applicable ordinances of the municipality and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the public sewers, nor allow any earth, sand or other solid material to pass into any part of the wastewater treatment facilities.
4. Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged a handling charge and a volume charge as defined in the current sewer service charge system.
5. The person(s) disposing wastes agrees to indemnify and hold harmless the municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.

1. Fees for reimbursement of costs of setting up and operating the POTW Pretreatment Program.
2. Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial user.
3. Fees for reviewing accidental discharge procedures and construction.
4. Fees for permit applications, including the cost of processing such applications.
5. Fees for filing appeals.
6. Other fees as the POTW may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the POTW.

1. There is hereby levied and assessed upon each lot or parcel of land subsequently attached to the village a reserve capacity assessment (RCA). Such RCA charge shall be payable as herein provided and shall be on the basis of one RCA charge for each residential equivalent connection connected to the sewer system.
2. Existing and future connections. For the purpose of this chapter, sewer connections in the village shall be classified as existing connections or future connections. Existing connections shall be those in existence and connection for which a sewer connection permit has been issued and construction started as of 11:59 p.m., December 31, 1999. Future connections shall be those not in existence as of 11:59 p.m., December 31, 1999.
3. Schedule of charges. The reserve capacity assessment shall be as established by the approving authority, which shall also be the unit of charge for a residential equivalent connection. The Village Engineer shall determine the residential equivalency units for all other categories of buildings. Special charges may be determined by the approving authority for large commercial or industrial users.
4. Payments. There shall be no RCA charge for existing connections. Payments of the RCA charge for future connections shall be made in full upon the issuance of a connection permit.

1. It is hereby found and determined that a necessity exists for determining an equitable method for apportioning the future costs of installing of a sanitary sewer system in lands which may be developed or annexed within the Northwest Sanitary Sewer Area and may not be presently within the corporate limits of the village, but may, in the future, become part of the village. As a result, the Village of Holmen does hereby establish a base sewer connection charge. This connection charge shall be in addition to all other hook-up fees. The amount of the base connection charge shall be $280 per residential equivalent unit. Said charge shall be adjusted annually with the first adjustment being made on January 1, 1999. The adjustment will be calculated by multiplying the connection charge by the consumer price index percentage. Said adjustment shall be added to the previous connection charge.
2. The sewer connection charge shall be paid to the Village Treasurer, by the owner(s) of each developed lot or parcels prior to connecting to the village's sanitary sewer system.
3. The Northwest Sanitary Service Area consists of those lands designated in the map which is denominated as Exhibit A, a copy of which is attached hereto.[1]

1. Such charges levied in accordance with this section shall be a debt due to the approving authority and shall be a lien upon the property. If this debt is not paid within 20 days of the date of the bill, a penalty of 1 1/2% per month of the unpaid balance shall be added to delinquent bills.
2. In the event of failure to pay sewer service charges after they become delinquent, the approving authority shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes.
3. The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt to the village and a lien upon the property and may be recovered by civil action in the name of the approving authority against the property owner, the person or both.
4. Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration shall have been paid.
5. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
6. Every reasonable care will be exercised in the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not relieve any person of the responsibility for payment of sewer rates within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.
7. On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. The Utility shall furnish the Village Clerk with a list of all such lots or parcels of real estate, and the notice shall be given by the Utility. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such Utility; that unless the same is paid by November 1, a penalty of 10% of the amount of such arrears may be added thereto; and that unless such arrears and penalty are paid by November 15, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally or by letter addressed to either owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.

1. Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under Section 66.60 of the Wisconsin Statutes will apply, and no additional customer contribution to the utility will be required.
2. Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows:
   1. The applicant(s) will advance as a contribution in aid of construction their proportionate share of the total amount equivalent to that which would have been assessed for all property under Subsection A; or
   2. At the discretion of the Village of Holmen, extensions will be made as follows:
      1. The applicant(s) will advance as a contribution in aid of construction their proportionate share of the total amount equivalent to that which would have been assessed for all property under Subsection A.
      2. Part of the contribution required in Subsection B(2)(a) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.
3. When a customer connects to a transmission main or connecting loop installed at utility expense within 20 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A.

1. Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the approving authority or his or her agent may serve upon said user written notice of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the approving authority. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
2. Civil penalties.
   1. Any industrial user who has violated or continues to violate this chapter, or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty as set forth in § 150-69, plus actual damages incurred by the POTW. In addition to the above described penalty and damages, the POTW may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.
   2. The approving authority shall petition the Court to impose, assess and recover such sums. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.

1. Full-service bar area and accessory seating.
2. The owner or proprietor may designate a smoking room which is separately ventilated from each and every other area of the establishment.
3. Restaurants.
   1. Restaurants whose sale of alcoholic beverages account for more than 50% compared to the sale of food for the most recent alcohol licensing year shall comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.
   2. Upon request of the Chief of Police or the Village Clerk's office, owners of restaurants shall provide the necessary documentation to the Review Committee to apply for exception under 153-4C(1).
4. Private clubs. Private clubs shall provide a nonsmoking section for customers and otherwise comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.

1. Signs prohibiting, prohibiting except in designated areas, or permitting smoking, as the case may be, shall be posted conspicuously at every entrance and in prominent locations throughout the premises by the proprietor or other person in charge of each building, structure or public place. Signs shall contain a reference that regulation is by ordinance, such as "No Smoking - Village Ordinance No.," "Smoking Prohibited by Village Ordinance Except in Designated Areas," or equivalent. The proprietor or other persons in charge of premises regulated hereunder shall further make reasonable efforts to prevent smoking in prohibited areas by:
   1. Approaching smokers who fail to voluntarily comply with this section and request that they extinguish their smoke and to refrain from smoking upon witnessing the same or upon request of any person.
   2. Any other means which may be deemed appropriate by said proprietor, including refusal of service to anyone smoking in a prohibited public area.
2. Restaurants shall post, in a conspicuous place at each entrance normally used by the public, a sign not smaller than 11 inches by 8 1/2 inches indicating whether they are smoke-free. Each sign shall contain a nonemergency number for the Village Police Department.
3. It shall be unlawful for any person to remove, deface, or destroy any legally required "No Smoking" sign or to smoke in any place where any such sign is posted.
4. It shall be the duty of the Director of Inspections or designee, and/or the Chief of Police or designee, and they shall have the power, whenever they may deem it necessary, to enter upon the premises described in this section to ascertain whether signs required are posted and to order the posting of such signs where required. A compliance time of not less than one week shall be granted. Upon failure to comply with such written or verbal order, a citation may be issued. This enforcement procedure shall be supplementary to any other remedies provided by law.

1. Any owner or proprietor of any establishment who violates any provision of this chapter shall be required to forfeit not less than $10 nor more than $50, plus costs. Each day of violation shall constitute a separate violation.
2. Any customer of an establishment who violates any provision of this chapter for the first time shall be required to forfeit not less than $50 nor more than $100, plus costs. For a violation committed within 12 months of a previous violation, a customer shall be required to forfeit not less than $100 nor more than $200, plus costs.
3. Any person not designated in Subsections A and B above who violates any provision of this chapter for the first time shall be required to forfeit not less than $10 nor more than $50, plus costs. For a violation committed within 12 months of a previous violation, a person shall be required to forfeit not less than $25 nor more than $100, plus costs.

1. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
2. Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
3. Alcohol, which if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
4. Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances, provide the alcohol.
5. A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs.

1. As natural, adoptive parent or step-parent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.

1. That an underage person will:

1. That an underage person is currently:

1. This chapter does not apply to conduct solely between an underage person and his or her parents while the parent is present and in control of the underage person.
2. This chapter does not apply to legally protected religious observances.
3. This chapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.

1. Is designed for serving food or beverages.
2. Consists of loose particles to fill space and cushion the packaged article in a shipping container.
3. Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

1. The village will provide weekly collection of refuse and weekly collection of household recyclables for all village-serviced dwellings. Household recyclables will initially be household noncombustible recyclable materials. The list of items collected for recycling may be changed by order of the Village Board and become effective following public notice of such change. [Amended 10-12-2000 by Ord. No. 1.00]
2. Major appliances will be picked up biweekly, by appointment only. Furniture, carpet, and other approved large items will be picked up biweekly on the regular large item day, by appointment only. Brush will be chipped at curbside monthly. Nonwoody yard waste shall be composted on site of its origination or delivered to the Village yard waste site during open hours. [Amended 5-10-2007 by Ord. No. 4.07]
3. One bundle of waste lumber or other construction material not longer than four feet or heavier than 60 pounds may be placed for collection biweekly, by appointment only, so long as such material is not produced from a significant remodeling, construction, or demolition project that would create more than three such bundles in total; maximum of three such bundles annually. [Amended 5-10-2007 by Ord. No. 4.07]

1. Occupants of village-serviced dwellings shall separate all household noncombustible recyclable materials and clean them for recycling according to requirements established and publicized by the Village Board.
2. No person shall place any lead acid battery, waste oil, motor vehicle tire or tractor tire in or with postconsumer waste. Any person having waste oil or lead acid batteries shall take them to an appropriate private retail recycler. Motor vehicle tires and tractor tires shall be picked up weekly with the large items.
3. All discarded major appliances shall be picked up biweekly, by appointment only, with large items.  [Amended 5-10-2007 by Ord. No. 4.07]
4. The village and the village's contracted refuse hauler will not collect refuse or recyclables not prepared in accordance with the requirements established by the village. The village and village's contracted refuse hauler will not collect refuse containing recyclable materials.

1. In case the owner or occupant of any premises or the person in charge thereof, shall refuse or neglect to comply with the provisions of this section in regard to the containment, timely removal and disposal of refuse, the Public Works Director or his/her designee shall serve personally or by first class mail a notice to the occupant of said premises, if known, and the owner of the premises, or his/her agent, requiring compliance with this section with five days after service of such notice. If service is by mail, service shall be deemed completed on the date of such mailing.
2. In case such owner, agent or occupant of said premises shall fail to comply with the requirements of said notice within the the time provided for in said notice, the Village Board, pursuant to Wis. Statutes Section 66.60(16), may cause such garbage or refuse to be removed either by contract or by having village employees do the same, and charge the cost thereof to the property owner. Upon nonpayment of such charges, such charge shall become a lien upon such property and shall automatically be extended upon the current or next tax roll as delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge.

1. General prohibition. The following materials shall be separated from postconsumer solid waste. Mixing of these recyclable materials with postconsumer waste from residential, commercial, industrial, or other sources is prohibited. [Amended 5-10-2007 by Ord. No. 4.07]
   1. Aluminum containers.
   2. Steel or bimetal containers.
   3. Lead acid batteries.
   4. Major appliances.
   5. Waste oil.
   6. Yard waste.
   7. Waste tires from motor vehicles, trailers, or tractors.
   8. Glass containers.
   9. Newspapers.
   10. Number 1 and Number 2 plastics.
2. Prohibition of combustible recyclables in waste delivered to landfill. The following combustible materials may be mixed with postconsumer waste that is delivered to NSP, but shall not be mixed in significant quantities with waste delivered to a landfill or other disposal site.  [Amended 5-10-2007 by Ord. No. 4.07]
   1. Corrugated paper or other container board.
   2. Foam polystyrene packaging.
   3. Magazines and other materials printed on similar paper, including glossy newspaper inserts.
   4. Office paper.
   5. Rigid plastic containers, including those made of PVC (3), LDPE (4), PP (5), PS (6), and other resins or multiple resins (7).
3. Prohibition on disposal of recyclable materials. Materials separated and collected for recycling shall not be mixed with refuse or disposed of at any landfill or incinerator, without the written permission of the Village Board; except waste tires may be burned with energy recovery in a facility licensed by the Wisconsin Department of Natural Resources. The Village Board's permission may be granted only to allow disposal of contaminated or unmarketable recyclable materials.

1. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle household noncombustible recyclable materials:
   1. Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
   2. Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone.
   3. Provide adequate, separate containers for the recyclable materials at a location convenient to tenants.
2. The preceding requirements of Subsection A(1), (2), and (3) for the owners or designated agents of multiple-family dwellings do not apply if the refuse generated within the multiple-family dwellings is delivered to and treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling all noncombustible recyclable materials in as pure a form as is technically and practically feasible.

1. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle all noncombustible recyclable materials:
   1. Provide adequate, separate containers for the recyclable materials.
   2. Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
   3. Provide for the collection of the recyclable materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
   4. Notify users, tenants, and occupants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
2. The preceding requirements of Subsection A(1) through (4) for the owners or designated agents of nonresidential facilities or property dwellings do not apply if the refuse generated within the facility or property is delivered to and treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling all noncombustible recyclable materials in as pure a form as is technically and practically feasible.

1. For the purpose of ascertaining compliance with the provisions of this article, and authorized representative of the Village Board may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized representative of the Village Board who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
2. Any person who violates a provision of this article may be issued a citation by the Village of Holmen Police Department or an authorized agent of the Village Board. The issuance of a citation shall not preclude proceedings under any other ordinance or law relating to the same or any other matter. Proceedings under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.
3. Penalties for violating this article may be assessed as follows:
   1. Any person who violates the Prohibition on Disposal of Recyclable Materials Separated for Recycling, Sec. 9.15(U)(3), may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
   2. Any person who violates a provision of this article except Sec. 9.15(U)(3), may be required to forfeit not less than $10 nor more than $1,000 for each violation.

1. Each dumpster or refuse container shall have posted thereon the name, address and phone number of the lessor or owner of said dumpster or refuse container
2. Each dumpster or refuse container shall be equipped with reflectorized tape or other reflector devices adequate to warn others of its presence during night hours.
3. No dumpster or refuse container shall be placed in a moving lane of traffic.
4. Each permittee shall notify the Village Clerk of the location of all dumpsters or refuse containers placed in any streets, alleys, highways sidewalks or other public ways within the Village of Holmen.
5. Each permittee shall comply with any order of the Village Clerk to remove any dumpster or refuse container should the placement or location of the dumpster or refuse container constitute a safety hazard.
6. No dumpster or refuse container shall be placed so as to interfere with public works construction being performed by the village.
7. Each permittee shall place flashing lights on at least two sides of each dumpster or refuse container during hours of darkness.
8. No dumpster or refuse container shall be placed within 25 feet of any intersection.

1. Facilities. The Village, through the Stormwater Utility, may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, manage and finance such facilities as are deemed proper and reasonably necessary for a system of storm and surface water management. Such facilities may include, without limitation by enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, ponds, basins, streets, roads, ditches and such other facilities as will support a stormwater management system.
2. Rates and charges. The Village Board shall annually establish such rates and charges as are necessary to finance any necessary property or easement acquisition and the planning, design, construction, maintenance and operation of stormwater management facilities in accordance with the procedures set forth in this chapter for the Stormwater Utility. The Village may advance funds or services to the Stormwater Utility from time to time and the Utility shall reimburse the actual amount or value of such advances as determined by the Village Board.
3. Budgeting process. The Administrator and the Public Works Director shall prepare an annual budget for the stormwater utility, which shall include all operation, maintenance and capital costs, debt service and other costs related to the operation of the utility. The costs shall be allocated among the various rate classifications as determined by the Village Board. The budget shall be approved by the Board in accordance with the procedures and requirements of Wis. Stats. § 65.90.
4. Excess revenues. All stormwater fees collected, and any other revenues appropriated to, or attributable to the operation of, the stormwater utility shall be maintained in a segregated Stormwater Utility Special Revenue Fund. Any excess of revenues over expenditures from stormwater utility operations in a given year shall be maintained in the Special Revenue Fund and shall be used in future years exclusively for purposes consistent with this chapter.

1. The rates charged by the Stormwater Utility shall be set annually by the Village Board at sufficient levels to fund the capital, operating and other expenses set forth in the adopted budget which is not funded by other sources of revenue. Service charges so established shall be in addition to any assessments or charges imposed under any other provision of this Code.
2. A copy of the current rates shall be maintained at all times on file with the Village Clerk and available to the public during normal business hours.
3. Service charges established by the Village Board may include the following components:
   1. Base charge (BC). A base charge may be charged to each property in the Village based upon its total area determined from annual tax records.
   2. Equivalent runoff unit (ERU) charge. The ERU charge shall be the basic service fee charged to each parcel in the Village based upon the amount of impervious area as reasonably determined by the Village Engineer.
      1. Special charge (SC). A special charge may be imposed on property located in an area specially benefited by a particular stormwater management facility or service. Any special charge will be developed to reflect the benefits and/or services in a particular area which the Board determines cannot equitably be charged to all property throughout the Village.
      2. Connection charge. A one-time charge may be imposed when a property is converted from undeveloped to developed property or otherwise becomes connected to the Village stormwater management system. The charge shall be set annually by the Village Board, and may vary based on the size of the parcel of property or other factors determined appropriate by the Village Board.
4. The Village Board may make such other classifications of properties or customers in order to achieve a reasonable and fair allocation of the costs of the Stormwater Utility among the properties benefited.

1. 1. Effective July 15, 2008, the Village Board may grant credits against the ERU and SC as provided in this section. The total of all credits may not exceed 50% of the total of all applicable charges, excluding the BC. Parcels being charged 10 ERUs or less are ineligible to apply for credits. Credits may not be issued retroactively.
   2. Any qualifying property owner requesting a credit shall file with the Director by July 15 each year an application therefor on a form provided by the Village, together with a review fee established by the Village Board, identifying the stormwater facilities, management practices or services for which the credit is claimed and the financial benefit to the utility. If the Village Engineer determines that additional engineering analysis is necessary to properly complete his or her review and to make an appropriate recommendation thereon, the Village may deny the application unless the applicant agrees to pay the cost of the necessary engineering services. Approved credits will become effective January 1 of the year following approval by the Village Board.
   3. Credits may be granted under any of the following circumstances:
      1. Any qualifying property owner may seek a credit against the ERU charge where the owner has installed and maintained facilities that result in the detention, retention, or infiltration of stormwater on site and such facilities demonstrably reduce the financial obligations of the stormwater utility above and beyond that minimum required by law. For qualifying SWMU customers, a credit up to 50% of the utility fee, less the BC, could be obtained by detaining stormwater. For example, if an on-site detention pond on a newly developed site detains the one hundred-year storm and releases a peak discharge equal to the two-year storm during predeveloped site conditions, a fifty-percent credit (excluding the BC) would be possible. The table below defines possible credits for qualifying properties:

1. 1. 1. 1. Any qualifying property owner may seek a credit against the ERU charge for that portion of the property that does not drain into any stormwater conveyance or facility operated or maintained by the stormwater utility in an amount above and beyond that minimum required by law.
         2. Any qualifying property owner may seek a credit against the SC charge if stormwater from the property does not drain into any stormwater conveyance or facility that is the subject of the special charge in an amount above and beyond that minimum required by law.
      2. The Village Engineer shall evaluate the quantifiable benefits in both quantity and quality management measures in reviewing requests for credits, where applicable. In all cases, the Village Engineer shall submit a written recommendation to the Village Board as to whether a request for credit should be granted, denied, or granted in part and denied in part. The written recommendation shall also set forth the reason or reasons for such recommendation.
      3. Credit applications shall be decided by the Village Board and shall be either one-time credits or may be continuing credits against recurring charges as determined appropriate based on the recommendation of the Village Engineer. The Village Engineer shall recommend a credit under Subsection C (1) only if he/she finds all of the following:
         1. If the credit is based on special facilities or management practices under Subsection C(1);
            1. The facilities installed or practices undertaken will reduce the expenses incurred by the utility by limiting the quantity and/or improving the quality of discharges into the facilities of the utility from the property in an amount above and beyond that minimum required by law;
            2. The qualifying property owner has, by contract, deed restriction or other method approved by the Village Engineer, ensured that the Village may legally enforce any operational or maintenance programs necessary to assure that the facilities or practices will continue to provide the benefits on which the credit is based;
            3. The investment of the qualifying property owner in the facilities or management practices exceeded the investment that would otherwise be necessary in order to comply with any other Village ordinance, state or federal regulations or to obtain any land division or development approval from the Village;
            4. The investment of the qualifying property owner in such facilities or management practices is disproportionate to the investment made by the average property owner subject to the same normal charges such that it would be inequitable to charge the applicant on the same basis; and
            5. The amount of the credit does not exceed the cost savings to the utility from the facilities and management practices maintained by the qualifying applicant up to 50% of the utility fees less the BC.
         2. If the credit is based on Subsection C(2) or (3):
            1. That the absence of drainage from the property or a portion thereof into the facilities of the Utility results in financial savings to the Utility.
            2. Adequate assurances are provided that the area of the property for which the credit is given will not be altered in such a way as to allow drainage into the facilities operated by the Utility.
            3. The drainage from the property is managed in a way which complies with all Village ordinances and does not cause a nuisance condition.
            4. The amount of the credit does not exceed the cost savings to the utility determined under Subsection E(2)(a).
      4. The Utility may revoke the credit in any case where, based on the opinion of the Village Engineer, the circumstances forming the basis for the credit have materially changed. The Utility shall provide at least 30 days advance written notice of any proposed credit revocation.
      5. A denial or revocation of any credit may be appealed under § 157-10.

1. 1. 1. For purposes of imposing the ERU charges, all lots and parcels within the Village shall be classified into the following six customer classes:
         1. Residential - single family;
         2. Residential - duplex;
         3. Residential - Multifamily, including condominiums;
         4. Nonresidential;
         5. Undeveloped;
         6. Exempt.
      2. The Village Engineer shall prepare a list of properties within the Village and assign a customer classification to each lot or parcel.
      3. ERUs shall be calculated for each property classification as follows:
         1. Residential - single family: one ERU.
         2. Residential - duplex: two ERUs.
         3. Residential - multifamily: one ERU per dwelling unit.
         4. For nonresidential parcels, the Village Engineer shall be responsible for determining the impervious area from available information, including, but not limited to, data supplied by the Village Assessor, the property owner, tenant or developer, aerial photography, or by actual on-site measurement. The Village Engineer may require additional information from the property owner as necessary to make the determination. The ERU value for a nonresidential property shall be determined by dividing its impervious area by the number of square feet per ERU and rounding the quotient to the next higher .1 ERU. The minimum ERU charge to nonresidential properties will be 1 ERU. The billing amount shall be updated by the Utility as necessary based on changes to the amount of impervious area on the property.
         5. Undeveloped properties - zero ERU, are subject to the BC.
         6. Exempt - zero ERU, are not subject to the BC.

1. 1. 1. Stormwater Utility charges will be billed quarterly with the water utility, sanitary sewer utility and refuse billing. All charges shall be due and payable 20 days after the date of billing.
      2. Billings for applicable charges shall be mailed to the designated property owner. The owner of the property shall be liable for all stormwater utility charges in the event payment is not made as required in this chapter. The owner of any property served which is occupied by tenants shall have the right to examine collection records of the Village to determine whether such charges for such property have been paid at the office of the Utility Billing Clerk during normal business hours.
      3. Any Stormwater Utility charges remaining unpaid more than 20 days from the date of billing shall be deemed delinquent and shall be subject to a 1 1/2 % per month (18% APR) late payment charge in addition to all other charges. All delinquent charges shall be collected as provided in Wis. Stats. §§ 66.0821(4) and 66.0809.

1. 1. 1. Any Stormwater Utility charge, determination of ERUs, or ERU credits for any individual qualifying property may be appealed by filing a written appeal with the Village Clerk not later than 20 days after the date the payment is due. The appeal shall specify all bases for the appeal and the amount of the stormwater charge the appellant asserts is appropriate. Any appeal not filed within the time permitted by this section shall be deemed waived. As a condition to maintaining an appeal, the appellant shall pay all charges billed under protest prior to filing the appeal.
      2. The Village Engineer shall review the appeal and determine whether the challenged determination is fair and reasonable and consistent with the provisions of this chapter, and whether a refund is due the customer. The Village Engineer shall determine his/her procedure for deciding such appeals which, at a minimum, shall provide the appellant with written notice by regular mail at least 10 days prior to the Public Works Committee meeting at which the appeal will be reviewed, and an opportunity to present evidence and be heard on the appeal at such meeting. The Village Engineer shall provide the appellant with the Committee's decision in writing within 15 days after the date of the decision.
      3. The appellant may appeal the decision of the Committee to the Village Board. The appeal must be filed in writing with the Village Clerk within 30 days from the date of the decision. An appeal to the Village Board shall be limited to the evidence presented to the Public Works Committee, but the appellant shall be afforded the opportunity to present arguments based on that evidence.
      4. If the Village Engineer, Public Works Committee or the Board determines that the decision appealed from should be reversed or modified, it shall determine whether a refund is due the customer. Any refund ordered shall be applied as a credit against the customer's next stormwater billing if the refund will not exceed the customer's next stormwater billing, and otherwise will be refunded by the Village Treasurer.

1. 1. 1. In addition to any other method for collection of the charges established pursuant to this chapter for Stormwater Utility costs, the Village Board may order that the charges be levied against the property as a special charge pursuant to Wis. Stat. § 66.0627. The mailing of an invoice reflecting the charges due to the owner shall be notice to the owner that failure to pay the charges when due may result in such charges being placed upon the tax roll. A ten-percent administrative handling fee will be applied.
      2. In addition to any other method of charging for Stormwater Utility expenses, the Village Board may, by resolution, levy special assessments on property in a limited and determinable area for special benefits conferred upon property by any public improvements pursuant to Wis. Stat. § 66.0703. The failure to pay such special assessments shall result in a lien on the property and shall be enforced pursuant to Wis. Stat. § 66.0703(13).

If any provision of this chapter is found to be invalid or unenforceable for any reason, such determination shall not affect the validity or application of, the remaining provisions. A determination of invalidity or unenforceability of any provision as applied to any specific property or circumstance shall not affect the validity and application of such provisions to any other property or circumstances.

1. Specifications. No new sidewalk upon any street, and no old walk, shall be substantially reconstructed upon any street unless such new or substantially reconstructed walk shall be of concrete and constructed in substantial accord with the following specifications:

1. No opening in the streets or sidewalks for any purpose shall be permitted for any purpose when the ground is frozen, except where necessary as determined by the Village Engineering Department.
2. In opening any street or other public way, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
3. Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the Village. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Lights shall be installed according to the Wisconsin Department of Transportation Manual of Uniform Traffic Control Devices (latest edition), kept burning from sunset to sunrise, lights to be placed at each end of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the Village Engineering Department, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such openings shall be held liable for all damages, including costs incurred by the Village in defending any action brought against it for damages, as well as costs of any appeal, that may result from neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
4. In opening any street or sidewalk, the paving materials, sand, gravel, and earth or other materials moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Village Engineering Department is not suitable for refilling shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer remmed, tamped or flushed to prevent aftersettling. When the side of the trench will not stand perpendicularly, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Village may elect to have the Village make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining for one year shall be charged to the person making the street opening.

1. The Village Clerk may, by office audit, determine the tax required to be paid to the village or the refund due to any person under this article. This determination may be made upon the basis of the facts contained in the return being audited, or on the basis of any of the information within the Village Clerk's possession. One or more such office audit determinations may be made of the amount due for anyone or for more than one period.
2. The Village Clerk may, by field audit, determine the tax required to be paid to the village or the refund due to any person under this article. The determination may be made upon the basis of the facts contained in the return being audited or upon any other information within the Village Clerk's possession. The Village Clerk is authorized to examine and inspect the books, records, memoranda and property of any person in order to verify the tax liability of that person or of another person. Nothing herein shall prevent the Village Clerk from making a determination of tax at any time.

1. If any person fails to file a return as required by this article, the Village Clerk shall make an estimate of the amount of the gross receipts under § 164-2. Such estimate shall be made for the period for which such person failed to make a return and shall be based upon any information which is in the Village Clerk's possession or may come into his possession. On the basis of this estimate, the Village Clerk shall compute and determine the amount required to be paid to the village, adding to the sum thus arrived at a penalty equal to 10% thereof. One or more determinations may be made for one or more than one period.
2. All unpaid taxes under this article shall bear interest at the rate of 18% per annum from the due date of the return until the first day of the month following the month in which the tax is due or deposited with the Village Clerk.
3. Delinquent tax returns shall be subject to a late filing fee of $10. The tax imposed by this article shall become delinquent if not paid:

1. If due to negligence no return is filed, or a return is filed late, or an incorrect return is filed, the entire tax finally determined shall be subject to a penalty of 25% of the tax exclusive of interest or other penalties. If a person fails to file a return when due or files a false or fraudulent return with the intent in either case to defeat or evade the tax imposed by this article, a penalty of 50% shall be added to the tax required to be paid, exclusive of interest and other penalties.

1. All tax returns, schedules, exhibits, writings or audit reports relating to such returns on file with the Village Clerk may divulge their contents to the following and no others:

1. No person having administrative duty under this article shall make known in any manner the business affairs, operations or information obtained by an investigation of records of any person on whom a tax imposed by this article or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as provided herein.

1. Facilitate the provision of wireless telecommunications services to the residents and businesses of the Village;
2. Minimize adverse visual effects of towers through careful design and setting standards;
3. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
4. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

1. Towers shall only be permitted in B1, B2, M, C and A Zoning Districts.
2. Towers must be a minimum of 500 feet from a residential district. This requirement does not apply to building-mounted antennas.

1. A proposal for a new commercial wireless telecommunications service tower shall not be approved unless the Planning Commission and Village Board finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile radius of the proposed tower due to one or more of the following reasons:
   1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
   2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
   3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
   4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
2. It shall be the developer's responsibility to provide adequate proof that no such opportunity for collocation is possible.
3. Any proposed commercial wireless telecommunications service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for the at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

1. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
2. Commercial wireless telecommunications service towers shall be of a monopole design unless the Planning Commission and Village Board determines that an alternative design would better blend in to the surrounding environment.
3. Only one telecommunications tower is allowed on a parcel of land.

1. Towers shall meet the setback requirements of a principle structure of the underlying zoning district and must meet the height restrictions as outlined in § 166-16.
2. Towers shall not be located between a principal structure and a public street except on sites adjacent to streets on all sides; towers may be placed within a side yard abutting a local street.
3. No part of any telecommunications tower, including guy wires, shall extend across, over or into any public right-of-way.

1. All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property.
2. Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

1. A report from a qualified and licensed professional engineer which:
   1. Describes the tower height and design, including a cross section and elevation;
   2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
   3. Describes the tower's capacity, including the number and type of antennas that it can accommodate;
   4. Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
   5. Includes an engineer's stamp and registration number; and
   6. Includes other information necessary to evaluate the request.
2. For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
3. Before the issuance of building permit, the following supplemental information shall be submitted:
   1. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and,
   2. A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.
4. A visual analysis, photo simulation, or graphic illustration showing what the tower will look like in its surroundings.
5. A plat of survey showing the parcel boundaries, tower location, accessory structures, ancillary facilities location, access, landscaping and fencing.

1. Structure height.
   1. Towers. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of that zoning district.
   2. Height limitations. In all zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each one foot the tower is set back from the nearest property line up to a maximum height of 120 feet.

1. It shall be unlawful to construct, use, build, or locate any telecommunications structure in violation of any provision of this chapter.
2. Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction, be subject to the general penalty found in § 195-53 of this Code or revocation of the conditional use permit issued. Each day the violation continues shall constitute a separate offense.

1. Dutch elm disease or oak wilt disease.
2. Elm bark beetles or oak wilt beetles.
3. Any living or standing elm tree or oak tree or part thereof infected with the Dutch elm disease or oak wilt fungus or in a weakened condition which harbors any of the elm bark or oak wilt beetles.
4. Any dead elm tree or oak tree or part thereof, or any logs, branches, stumps, firewood or other elm or oak material from which the bark has not been removed and burned or sprayed with an effective elm bark or oak bark beetle destroying concentrate.

1. The Village Board of Public Works shall inspect or cause to be inspected at least twice each year all premises and places within the Village to determine whether any public nuisance exists thereon. It shall also inspect or cause the inspection of any elm tree or oak tree reported or suspected to be infected with Dutch elm disease or oak wilt or any bark bearing material reported or suspected to be infested with elm bark beetles or oak wilt beetles.
2. Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles or oak wilt disease in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid permanent injury thereto and deliver such specimens to the Board, which shall forward them to the Wisconsin Department of Agriculture at Madison for analysis to determine the presence of such nuisances.
3. The Board and its agents or employees shall have authority to enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this article.

1. The Board of Public Works shall order, direct, supervise and control the abatement of public nuisances as defined in this article by spraying, removal, burning or by other means which it determines to be necessary to prevent as fully as possible the spread of Dutch elm disease or oak wilt fungus or the insect pests or vectors known to carry such disease fungus.
2. Whenever the Board of Public Works after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the Village, it shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or oak wilt disease or the insect or vectors known to carry such disease fungus.
3. When the Board of Public Works shall determine with reasonable certainty that a public nuisance exists upon private premises (or upon the terrace strip between the lot line and the curb), it shall immediately serve or cause to be served personally or by registered mail upon the owner of such property (or the abutting property), if he can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing, not less than 14 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommended procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of elm or oak trees in the Village, the Board of Public Works shall cause the abatement thereof at the expense of the property served (or abutting property). If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village.
4. If, after hearing held pursuant to this section, it shall be determined by the Board of Public Works that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within 24 hours after such hearing, the Board of Public Works shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this article. The Board may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.

1. Whenever the Board shall determine that any elm tree or oak tree or part thereof is infected with Dutch elm disease fungus or oak wilt fungus or is in a weakened condition and harbors elm bark beetles or oak wilt beetles, it may cause all elm trees within a one-thousand-foot radius thereof to be sprayed with an effective elm bark or oak wilt beetle destroying concentrate.
2. In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this article, the Board shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be sprayed at least 24 hours in advance of spraying. When any residue or concentrate from municipal spraying operations can be expected to be deposited on any public street, the Board shall also notify the Chief of Police, who shall take all necessary steps to make and enforce temporary parking and traffic regulations on such streets as conditions require. Temporary "no parking" notices shall be posted in each block of any affected street at least 24 hours in advance of spraying operations.
3. When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection B of this section, the Village shall not allow any claim for damages to any vehicle caused by such spraying operations.
4. When trees on private property are to be sprayed, the Board shall notify the owner of such property and proceed in accordance with the requirements of Subsection C of § 172-5 of this article.

1. The cost of abatement of a public nuisance or spraying elm trees or elm wood or oak trees or oak wood at the direction of the Board of Public Works if the nuisance, tree or wood is located on public property, shall be borne by the Village (except that the cost of abating a public nuisance or spraying elm trees or oak trees or elm wood or oak wood located on the terrace strip between the lot line and the curb shall be assessed to the abutting property as hereinafter provided).
2. The cost of abating a public nuisance or spraying elm trees or oak trees, elm wood or oak wood located on private premises when done at the direction and under the supervision of the Board shall be assessed to the property on which such nuisance, tree or wood is located as follows:

1. Transports any bark bearing elm wood, oak wood, bark or material on public streets or highways or other public premises without first securing the written permission of the Board of Public Works;
2. Interferes with or prevents any acts of the Board of Public Works or its agents or employees while they are engaged in the performance of duties imposed by this article;
3. Refuses to permit the Board of Public Works or its duly authorized representative to enter upon his premises at reasonable times to exercise the duties imposed by this article;
4. Permits any public nuisance to remain on any premises owned or controlled by him when ordered by the Board of Public Works to abate such nuisance.

1. It shall be unlawful for any person to operate or ride a skateboard, roller skates, roller skis, or play vehicle as defined in Sec. 340.01 Wis. Stats. in any of the following places:

1. Operators or riders of skateboards, roller skates, roller skis or play vehicles shall yield the right-of-way to other pedestrians using the Village sidewalks, and shall not otherwise endanger or interfere with pedestrian traffic on those sidewalks.

1. No motor vehicle shall be stopped or parked between 6:00 a.m. and 6:00 p.m. every day, except Sundays and legal holidays, for more than the designated time in the following places: as determined by Village Board.
2. Official signs will be erected in appropriate places to designate the above parking restriction.
3. An automobile bearing special registration plates issued under s. 341.14(1) or s. 341.14(1)(a), Wis. Stats., is exempt from the provisions of this article. The parking privilege exemption granted herein is limited to disabled veterans and other persons to whom special license plates were issued as provided herein, and to qualified motor vehicle operators acting under the express direction of a disabled veteran or other disabled person present.
4. All streets that are of substandard width as determined by the Village Engineer shall be restricted to parking on one side of the street only, and that side shall be indicated by the placement of proper signs. Parking is prohibited between 1:00 a.m. and 8:00 a.m. on all substandard-width streets. Alternate-side parking regulations shall not apply to substandard-width streets where parking is restricted to one side of the street only.
5. Pursuant to the provisions of s. 118.105, Wis. Stats., the following regulations shall apply to the grounds of the Holmen School District: All parking on any grounds of the Holmen School District from 7:00 a.m. to 3:30 p.m. shall be restricted to areas designated for parking by the School Board. When signs are erected by the School Board giving notice of such restrictions, all persons shall park only in areas designated and signed for visitor parking. All parking on grounds of the Holmen School District from 7:00 a.m. to 3:30 p.m. shall be by permit only and shall be restricted to areas designated for parking by the District Board. When signs are erected by the School Board giving notice of such restrictions, no person shall park a motor vehicle in an area other than one authorized by the permit. The permit shall be displayed at all times when parking in the designated areas.

1. A system of alternate-side parking is hereby established for the Village of Holmen. Between 1:00 a.m. and 8:00 a.m., vehicles shall be parked only on the even-numbered side of the streets on those nights with an even calendar date, and on odd-numbered sides of the streets on those nights with an odd calendar date; except that where parking is normally permitted only on one side of the street, vehicles may be parked on that permitted side every night.
2. Parking on culs-de-sac is prohibited between 1:00 a.m. and 8:00 a.m.
3. This section of the article shall be in effect from November 1 through April 1 of each year.
4. This article shall not apply to any federal or state highways within the Village limits of the Village of Holmen.
5. Signs shall be erected at all highways and roads leading into the Village at the boundary of the Village, stating: "Alternate parking required and enforced from November 1 through April 1, Village of Holmen Ordinance No. 5.07."

1. No person shall leave unattended within the Village of Holmen any motor vehicle, trailer, semi-trailer or mobile home on any public highway or public property for more than 48 hours. After 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.
2. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under State Statute 342.40, except that if the Police Department determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be disposed of to a licensed salvage dealer by the Village prior to expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not wanted for evidence or other reason.
3. Any police officer that discovers any motor vehicle, trailer, semi-trailer, or mobile home on any public highway or public property that has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment.
4. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of a vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the Village against the owner.
5. Any abandoned vehicle which is determined by the Police Department to have a value in excess of storage and towing charges shall be retained in storage for a period of 14 days after certified mail notice has been sent to the owner and lien holder of record, to permit reclamation of the vehicle after payment of accrued charges. Thereafter the Police Department may dispose of the vehicle by sale substantially in conformance with accepted commercial standards.
6. Within five days after the sale or disposal of a vehicle as provided in State Statute 342.40, the Police Department shall advise the Motor Vehicle Division of the sale or disposition on the form supplied by the Division.
7. State Statute reference: 342.40.
8. No person or business shall park any unregistered vehicle on any Village Street. "Unregistered motor vehicle" means any motor vehicle, that is located upon a highway or street, that is not displaying valid registration plates, a temporary plate, or other evidence of registration as provided under s. 341.18(1), Wis. Stats., for the vehicle's current registration period.

1. Parking trucks and trailers.

1. Parking in no-parking zones and overtime parking.

1. Removal of violating vehicles.

1. The Chief of Police or Director of Public Works shall determine when there is a snow emergency and will contact the local media. Upon declaration of a snow emergency on radio or television, parking on all Village streets is prohibited except in designated areas.
2. All violating vehicles shall be removed following procedures as established in § 180-12C.

1. For each violation, a forfeiture as annually determined by the Village Board shall be paid to the Village Treasurer within 10 days. The forfeiture shall double if paid to the Village Treasurer after 10 days and before 28 days.
2. If such forfeiture is not paid within 28 days, the forfeiture shall double again (quadruple from the original amount). After 35 days, the Village will add additional administrative charges and notify the Department of Transportation to suspend the registration of the vehicle involved or refuse registration of any owned vehicle, or both, or issue a warrant for arrest as per Wisconsin State Statute 345.28.
3. The Village Board shall annually review all parking penalties and fines, and establish rates for the new year.

1. Highway, including highway right-of-way.
2. Sidewalk.
3. Bike path.
4. Any public trail and/or right-of-way.

1. As used in this article, the following terms shall have the meanings indicated:

1. Neighborhood electric vehicles shall be four-wheeled and have a speed range of at least 20 miles per hour and not more than 25 miles per hour on a paved surface and have a gross vehicle weight at rest of less than 2,500 pounds. NEV does not include an electric golf cart and shall be equipped with the following:

1. The use of an NEV is prohibited except as expressly authorized by this chapter.
2. To use an NEV on Village streets meeting the criteria set forth in § 180-22A above, the individual driver must have a valid Wisconsin driver's license.

1. An NEV may be used upon connecting highways within the Village of Holmen but only upon those sections where the speed limit is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the Village Administrator, who is hereby authorized to do so by the Village Board, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and retained on file for public inspection at all times at the Holmen Village Hall lobby, the Holmen Police Department, the Village Clerk's Office and the Village website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the Village Administrator and/or their designee(s).
2. An NEV may cross county/state trunk highways within the Village of Holmen but only at public intersections where the speed limit upon the county/state trunk highway at that particular intersection is 35 miles per hour or less. The exact locations shall be as promulgated from time to time and at any time by the Village Administrator, who is hereby authorized to do so by the Village Board, as approved by the Wisconsin Department of Transportation. All such locations shall be compiled, kept and updated in written form, and retained on file for public inspection at all times at the Holmen Village Hall lobby, the Holmen Police Department, the Village Clerk's Office and the Village website. Such list of authorized locations is hereby adopted by reference and incorporated herein as if fully set forth verbatim. All additions and changes shall be updated on said list by the Village Administrator and/or their designee(s).
3. Subsections A and B are subject to the approval of La Crosse County and/or the Wisconsin Department of Transportation as outlined in Wisconsin Statute § 349.26(3), as from time to time amended or renumbered.
4. Headlamps must be on at all times during operation on Village streets.

1. It shall be unlawful for any person to operate a truck on any Village street or alley, except on designated county trunk highways, state trunk highways, United States highways or any designated connecting highway within the Village limits of the Village of Holmen, unless such Village street is designated as a truck route by official Village traffic signs or by official Village street maps. Those trucks traveling from an origin or to a destination that is not on a designated truck route and for which there is no other viable alternative route to reach such origin or destination, and trucks that are following an officially designated detour route, are excepted from this restriction for only that portion of their trip for which there is no viable alternative route or which is designated as a detour route.
2. For the purposes of this section, a truck shall be defined as a vehicle having a gross weight, excluding the weight of any cargo, exceeding 16,000 pounds.
3. Designated truck routes within the Village of Holmen shall include the following Village streets or portions of Village streets:

1. This section shall not apply to the following vehicles:

1. For public fire-protection service to the Village of Holmen, the annual charge shall be $227,042.
2. This service shall include the use of hydrants for fire-protection service only and such quantities of water as may be demanded for the purposes of extinguishing fires within the service area. This service shall also include water used for testing equipment and training personnel. For all other purposes, the metered or other rates set forth, or as may be filed with the Public Service Commission, shall apply.

1. This service shall consist of permanent or continuous unmetered connections to the main for the purpose of supplying water to private fire-protection systems such as automatic sprinkler systems, standpipes, and private hydrants.
2. Quarterly demand charges for private fire-protection service shall be as follows:

1. Billing shall be the same as in Schedule Mg-1.

1. Service and volume charges for general metered service shall be as follows:

1. Billing. Bills for water service are rendered quarterly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total unpaid balance for utility service, including unpaid late payment charges. This late payment charge is applicable to all customers. The utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next 10 days, service may be disconnected pursuant to Wis. Adm. Code ch. PSC 185.
2. Combined metering. Volumetric meter readings will be combined for billing if the utility for its own convenience places more than one meter on a single water service lateral. Multiple meters placed for the purpose of identifying water not discharged into the sanitary sewer are not considered for utility convenience and shall not be combined for billing. This requirement does not preclude the utility from combining readings where metering configurations support such an approach. Meter readings from individually metered separate service laterals shall not be combined for billing purposes.

1. A charge of $30 shall apply to the customer's account when a check rendered for utility service is returned for insufficient funds. This charge may not be in addition to, but may be inclusive of, other insufficient funds charges when the check was for payment of multiple services.
2. Billing shall be the same as in Schedule Mg-1.

1. Water customers residing outside the corporate limits of the Village of Holmen shall be billed at the regular rates for service (Schedule Mg-1) plus a 25% surcharge.
2. Billing shall be the same as in Schedule Mg-1.

1. Where the utility cannot immediately install its water meter, service may be supplied temporarily on an unmetered basis. Such service shall be billed at the rate of $52.60 per quarter. This rate shall be applied only to single-family residential and small commercial customers and approximates the cost of 20,000 gallons of water per quarter under Schedule Mg-1. If it is determined by the utility that usage is in excess of 20,000 gallons of water per quarter, an additional charge per Schedule Mg-1 will be made for the estimated additional usage.
2. Billing shall be the same as in Schedule Mg-1.

1. Water service supplied to municipal buildings, schools, sewer treatment plants, etc., shall be metered and the regular metered service rates (Schedule Mg-1) applied.
2. Water used on an intermittent basis for flushing sewers, street sprinkling, flooding skating rinks, drinking fountains, etc., shall be metered where meters can be set to measure the service. Where it is impossible to measure the service, the Superintendent shall estimate the volume of water used based on the pressure, size of opening and period of time water is allowed to be drawn. The estimated quantity used shall be billed at the rate of $1.60 per 1,000 gallons.
3. Billing shall be the same as in Schedule Mg-1.

1. Reconnection charges shall be as follows:

1. Billing shall be the same as in Schedule Mg-1.

1. Seasonal customers [NOTE: Seasonal customers are general service customers whose use of water is normally for recurring periods of less than a year.] shall pay an annual seasonal service charge equal to four times the applicable service charge in Schedule Mg-1. Water use in any billing period shall be billed at the applicable volume rates in Schedule Mg-1 and the charge added to the annual seasonal service charge.
2. For disconnections of service not previously considered as seasonal, emergency, or temporary, if service is resumed at the same premises by the same customer within a twelve-month period, and if there has been no service to another customer during the intervening period, the customer shall be billed for the pro rata share of the applicable service charge for the period of disconnection.
3. Further, if service has been disconnected or a meter removed, a charge under Schedule R-1 shall be applied at the time of reconnection or meter installation.
4. Billing shall be the same as in Schedule Mg-1.

1. For single-family and small commercial buildings, apply the unmetered rate (Schedule Ug-1).
2. For large commercial, industrial or multiple apartment buildings, a temporary metered installation shall be made and general metered rates (Schedule Mg-1) applied.
3. Billing shall be the same as in Schedule Mg-1.

1. All bulk water supplied from the water system through hydrants or other connections shall be metered, or at the direction of the utility, estimated. Utility personnel or a utility-approved party shall supervise the delivery of water.
2. Bulk water sales are:

1. A charge for the volume of water used will be billed to the party using the water at $1.88 per 1,000 gallons. A service charge, in addition to the volumetric charge, will be $40. In addition, for meters that are assigned to bulk water customers for more than 30 days, the applicable service charge in Schedule Mg-1 will apply after the first 30 days.
2. The water utility may require reasonable deposits for the temporary use of its equipment under this and other rate schedules. The deposit(s) collected will be refunded upon return of the utility's equipment. Damaged or lost equipment will be repaired or replaced at the customer's expense.
3. Billing shall be the same as in Schedule Mg-1.

1. Subdivision developers shall be responsible, where the main extension has been approved by the utility, for the water service lateral installation costs from the main through the curb stop and box.
2. When the cost of a utility main extension is to be collected through assessment by the municipality, the actual average water lateral installation costs from the main through the curb stop and box shall be included in the assessment of the appropriate properties.
3. The initial water service lateral(s), not installed as part of a subdivision development or an assessable utility extension, will be installed from the main through the curb stop and box by the utility, for which the actual cost will be charged.

1. Application for water service may be made in writing on a form furnished by the water utility. The application will contain the legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the service lateral and meter desired. Note particularly any special refrigeration, fire protection or water-consuming air-conditioning equipment.
2. Service will be furnished only if:

1. The owner of a multi-unit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable individual metered service to each unit and individual disconnection without affecting service to other units. Each meter and meter connection will be a treated as a separate water utility account for the purpose of the filed rules and regulations.
2. No division of the water service lateral to any lot or parcel of land shall be made for the extension and independent metering of the supply to an adjoining lot or parcel of land. Except for duplexes, no division of a water supply lateral shall be made at the curb for separate supplies for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties.
3. Duplexes may be served by one lateral provided:

1. Buildings used in the same business, located on the same parcel, and served by a single lateral may have the customer's water supply piping installed t a central point so that volume can be metered in one place.
2. The water utility may withhold approval of any application where full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.

1. Where the water utility has disconnected service at the customer's request, a reconnection charge shall be made when the customer requests reconnection of service. See Schedule R-1 for the applicable rate.
2. A reconnection charge shall also be required from consumers whose services are disconnected (shut off at curb stop box) because of nonpayment of bills when due. See Schedule R-1 for the applicable rate.
3. If reconnection is requested for the same location by any member of the same household, or, if a place of business, by any partner of the same business, it shall be considered as the same customer.

1. When water is requested for construction purposes or for filling tanks or other such uses, an application shall be made to the water utility, in writing, giving a statement of the amount of construction work to be done or the size of the tank to be filled, etc. Payment for the water for construction may be required in advance at the scheduled rates. The service lateral must be installed into the building before water can be used. No connection with the service lateral at the curb shall be made without special permission from the water utility. In no case will any employee of the water utility turn on water for construction work unless the contractor has obtained permission from the water utility.
2. Consumers shall not allow contractors, masons or other persons to take water from their premises without permission from the water utility. Any customer failing to comply with this provision may have water service discontinued and will be responsible for the cost of the estimated volume of water used.

1. In cases where no other supply is available, permission may be granted by the water utility to use a hydrant. No hydrant shall be used until the proper meter and valve are installed. In no case shall any valve be installed or moved except by an employee of the water utility.
2. Before a valve is set, payment must be made for its setting and for the water to be used at the scheduled rates. Where applicable, see Schedule BW-1 for deposits and charges. Upon completing the use of the hydrant, the customer must notify the utility to that effect.

1. No water service shall be laid through any trench having cinders, rubbish, rock or gravel fill, or any other material which may cause injury to or disintegration of the service lateral, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the water utility. Service laterals passing through curb or retaining walls shall be adequately safeguarded by provision of a channel space or pipe casing not less than twice the diameter of the service connection. The space between the service lateral and the channel or pipe casing shall be filled and lightly caulked with oakum, mastic cement or other resilient material and made impervious to moisture.
2. In backfilling the pipe trench, the service pipe must be protected against injury by carefully hand tamping the ground filling around the pipe. There should be at least six inches of ground filling over the pipe, and it should be free from hard lumps, rocks, stones or other injurious material. All water service laterals shall be of undiminished size from the street main into the point of meter placement. Beyond the meter outlet valve, the piping shall be sized and proportioned to provide, on all floors, at all times, an equitable distribution of the water supply for the greatest probable number of fixtures or appliances operating simultaneously.

1. The service lateral from the main to and through the curb stop will be maintained and kept in repair and, when worn out, replaced at the expense of the water utility. The property owner shall maintain the service lateral from the curb stop to the point of use.
2. If an owner fails to repair a leaking or broken service lateral from the curb to the point of metering or use within such time as may appear reasonable to the water utility after notification has been served on the owner by the water utility, the water will be shut off and will not be turned on again until the repairs have been completed.

1. Meters will be repaired by the water utility, and the cost of such repairs caused by ordinary wear and tear will be borne by the water utility.
2. Repair of any damage to a meter resulting from the carelessness of the owner of the premises, owner's agent, or tenant, or from the negligence of any one of them to properly secure and protect same, including any damage that may result from allowing a water meter to become frozen or to be damaged from the presence of hot water or steam in the meter, shall be paid for by the customer or the owner of the premises.

1. Where the original service piping is installed for a new metered customer, where existing service piping is changed for the customer's convenience, or where a new meter is installed for an existing unmetered customer, the owner of the premises at his/her expense shall provide a suitable location and the proper connections for the meter. The meter setting and associated plumbing shall comply with the water utility's standards. The water utility should be consulted as to the type and size of meter setting.

1. Where the water utility is unable to read a meter, the fact will be plainly indicated on the bill, and either an estimated bill will be computed or the minimum charge applied. The difference shall be adjusted when the meter is again read, that is, the bill for the succeeding billing period will be computed with the gallons or cubic feet in each block of the rate schedule doubled and credit will be given on that bill for the amount of the bill paid the preceding period. Only in unusual cases shall more than three consecutive estimated or minimum bills be rendered.
2. If the meter is damaged (see § 187-43, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year, unless there is some reason why the use is not normal. If the average use cannot be properly determined, the bill will be estimated by some equitable method.
3. For provisions regarding failure to read meters, see Wis. Adm. Code § PSC 185.33.

1. For provisions regarding disconnection and refusal of service, see Wis. Adm. Code
2. The following is an example of a disconnection notice that the utility may use to provide the required notice to customers.

1. If you are a residential customer and, for some reason, you are unable to pay the full amount of the water utility service arrears on your bill, you may contact the utility to discuss arrangements to pay the arrears over an extended period of time.
2. This time payment agreement will require:

1. In any situation, where you are unable to resolve billing disputes or disputes about the grounds for proposed disconnection through contacts with our water utility, you may make an appeal to the Public Service Commission of Wisconsin by calling (800) 225-7729. (WATER UTILITY NAME)

1. When the water utility has reasonable evidence that a person is obtaining water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the water utility service being delivered, the water utility reserves the right to estimate and present immediately a bill for unmetered service as a result of such interference, and such bill shall be payable subject to a twenty-four-hour disconnection of service. If the water utility disconnects the service for any such reason, the water utility will reconnect the service upon the following conditions:

1. For provisions regarding surreptitious use of water, see Wis. Stat. §§ 98.26 and 943.20.

1. Protective devices in general. The owner or occupant of every premises receiving water supply shall apply and maintain suitable means of protection of the premise supply and all appliances against damage arising in any manner from the use of the water supply, variation of water pressure, or any interruption of water supply. Particularly, such owner or occupant must protect water-cooled compressors for refrigeration systems by means of high- and/or low-pressure safety cutout devices. There shall likewise be provided means for the prevention of the transmission of water ram or noise of operation of any valve or appliance through the piping of their own or adjacent premises.
2. Relief valves. On all "closed systems" (i.e., systems having a check valve, pressure regulator, or reducing valve, water filter or softener), an effective pressure relief valve shall be installed either in the top of the hot water tank, or at the hot water distribution pipe connection to the tank. No stop valve shall be placed between the hot water tank and the relief valve or on the drainpipe. See applicable plumbing codes.
3. Air chambers. An air chamber or approved shock absorber shall be installed at the terminus of each riser, fixture branch, or hydraulic elevator main for the prevention of undue water hammer. The air chamber shall be sized in conformance with local plumbing codes. Where possible, the air chamber should be provided at its base with a valve for water drainage and replenishment of air.

1. Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under Wis. Stat. § 66.0703 will apply, and no additional customer contribution to the utility will be required.
2. Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows:

1. When a customer connects to a transmission main or connecting loop installed at utility expense within 10 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A.

1. Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the utility.
2. If the developer, or contractor employed by the developer, is to install the water mains (with the approval of the utility), the developer shall be responsible for the total cost of construction.
3. If the utility or its contractor is to install the water mains, the developer shall be required to advance to the utility, prior to the beginning of construction, the total estimated cost of the extension. If the final costs exceed estimated costs, an additional billing will be made for the balance of the cost due. This balance is to be paid within 30 days. If final costs are less than estimated, a refund of the overpayment will be made by the water utility.

1. Title. This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "WHP Ordinance").
2. Purpose and authority.

1. Applicability. The regulations specified in this article shall apply only within the Village's corporate limits.

1. Intent: the area to be protected is the Village's well fields' recharge areas contained within the Village boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination.
2. Permitted uses. Subject to the exemptions listed in § 187-52, the following are the only permitted uses within the district. Uses not listed are to be considered prohibited uses.

1. Requirements for existing facilities.

1. Individuals and/or facilities may request the Village to permit additional land uses in the district.
2. Form of request; report.

1. The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
2. Any permitted uses shall be conditional and may include required environmental and safety monitoring and/or bonds and/or sureties satisfactory to the Village.

1. In the event the individual and/or facility causes the release of any contaminants which endanger the district, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
2. The individual/facility shall be responsible for all costs of cleanup, Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation.

1. Following any such discharge, the Village may require additional test monitoring and/or bonds/sureties satisfactory to the Village.
2. Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this article. In case of any violation, the Village Board, Building Inspector, or any person who would be specifically damaged by such violation, may institute appropriate action or proceedings to enjoin a violation of this article.
3. Penalties. Any person, firm, or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus the costs of 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 their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

1. Owners of wells on premises served by the municipal water system wishing to retain their wells for any use shall make application for a well operation permit for each well no later than 90 days after connection to the municipal water system. The Village of Holmen shall grant a permit to a well owner to operate a well for a period not to exceed one year, providing that all conditions of this section are met. A well operations permit may be renewed by submitting an application verifying that the conditions of this section are met. The Village of Holmen or its agent may conduct inspections and water quality tests or require inspections and water quality tests to be conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the Village Clerk. All initial and renewal applications must be accompanied by a fee of $25.
2. The following conditions must be met for issuance or renewal of a well operation permit:

1. All wells abandoned under the jurisdiction of this chapter shall be done according to the procedures and methods of § NR 812.26, Wisconsin Administrative Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
2. The owner of the well, or the owner's agent, shall notify the clerk at least 48 hours in advance of any well abandonment activities. The abandonment of the well may be observed or verified by personnel of the municipal system.
3. An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk and the Department of Natural Resources within 30 days of the completion of the well abandonment.

1. Section NR 809.11(2), Wisconsin Administrative Code, establishes a primary maximum contaminant level (MCL) of 4.0 mg/l for fluoride;
2. Section NR 809.70(1), Wisconsin Administrative Code, establishes a secondary maximum contaminant level (SMCL) of 2.0 mg/l for fluoride;
3. Section NR 809.74(1)(a), Wisconsin Administrative Code, requires that water systems adding fluoride have a routine monitoring program to ensure the levels of fluoride in the water system fall within the optimal range of fluoride established by the Department of Health Services;
4. Section NR 811.39(2)(c), Wisconsin Administrative Code, contains chemical feeder design requirements, including allowable chemical feeder settings; and
5. Section NR 811.40(1)(d), Wisconsin Administrative Code, contains chemical feed storage tank requirements, including maximum solution tank sizes.

1. Effective as of February 1, 2013, the Department of Health Services recommended the optimal level of fluoride for public water systems be 0.70 mg/l. To ensure public water systems are consistently providing a fluoride level that has the greatest benefit, a recommended fluoride concentration control range had to be established. Following guidance from the Centers for Disease Control and Prevention, it is recommended that Wisconsin public water systems: