(A) Purpose. The Wastewater Treatment Overlay District is created to meet the requirements of Wis. Adm. Code NR 110.15(3)(d) which prescribes standards for the separation distances of sewage treatment facilities from residential properties and commercial establishments. Specifically, that section requires a 500 foot separation between mechanical treatment facilities, effluent holding and polishing ponds and residential properties and commercial establishments. The 500 foot separation requirement was designated based upon both health and aesthetic concerns in the village. These concerns include any potential odor, noise or nuisances caused by the sewage treatment facility. The boundaries of the wastewater treatment overlay district shall lie at all points 500 feet from the mechanical treatment facilities, effluent holding and polishing ponds.
(B) Definition. COMMERCIAL ESTABLISHMENTS, as that term is used in this section, shall be defined as those establishments providing on-site retail and customer services and a regular flow of on-site consumer traffic.
(C) Building permit required. No building in the district shall be demolished, constructed or altered until a building permit is issued by the Building Inspector.
(D) Review of building plans. Within the Wastewater Treatment Overlay District, all plans for new construction, additions, enlargement or exterior remodeling shall be reviewed and approved by the Plan Commission prior to the issuance of a building permit.
(E) Application requirement. Any application for a building permit within the boundaries of the Wastewater Treatment Overlay District shall be submitted to the Building Inspector who shall transmit same to the Plan Commission for review and approval. In addition to the information required by the Building Code, the applicant shall include any additional information as may be required by the Building Inspector for the Plan Commission pursuant to the plan review guidelines set forth below.
(F) Plan review guidelines. In furtherance of the purposes of the creation of the Wastewater Treatment Overlay District, no new construction, additions, enlargement, exterior remodeling or replacement of residential or commercial establishments shall be permitted within the overlay district unless there is a finding by the Plan Commission of mitigating factors which reflect the health and aesthetic concerns referred to in division (A) above. Those mitigating factors include, but are not limited to, the following:
(1) The existence of a berm or natural land mass that effectively separates the residential property or commercial establishment from the sewage treatment facilities and creates a natural barrier to protect the residential property or commercial establishment from the health and aesthetic concerns outlined in this section.
(2) The existence of a vegetation screen that effectively separates the residential property or commercial establishment from the sewage treatment facility and creates a natural barrier to protect the residential property or commercial establishment from the health and aesthetic concerns outlined in this section.
(G) Plan review procedure. The Plan Commission Chairperson shall schedule a meeting of the Commission to consider the application. The Commission shall take final action to approve, deny or conditional approve the application within 45 days of the date of Plan Commission Preliminary Review. Conditions of approval may include landscaping deemed necessary to fulfill the purpose and intent of this division.
(H) Informal meeting recommended. Applicants are encouraged to submit conceptual plans or meet with the Plan Commission for preliminary review and discussion prior to formal submittal of detailed plans.
(I) Issuance of building permit. A building permit shall be issued to the applicant, stating the official action of the Plan Commission and shall be referred to the Zoning Administrator for enforcement of this section. Approved building permits shall expire in 12 months unless substantial work has been completed.\
(J) Appeal. If the project is not approved, the applicant may modify the proposal and resubmit, or may choose to appeal the Commission's decision within 30 days, to the Village Board which may affirm or modify the decision of the Commission.
(Ord. 03-2016, passed 7-14-2016)