2026-04 Deputy Zoning Administrator Ordinance

TOWN OF GRANT, PORTAGE COUNTY, WISCONSIN
AN ORDINANCE CREATING THE POSITION OF DEPUTY ZONING ADMINISTRATOR
ORDINANCE NO. 2026-04

The Town Board of the Town of Grant, Portage County, Wisconsin, do ordain as follows:

SECTION 1: The Zoning Administrator may appoint one deputy for whom the Zoning Administrator is responsible. The Deputy Zoning Administrator shall perform the Zoning Administrator’s duties upon direction of the Zoning Administrator or upon the inability of the Zoning Administrator to perform The Zoning Administrator’s duties.

SECTION 2: If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the provisions or application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION 3: All Ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 4: This Ordinance shall take effect and be in full force and effect from and after its passage and publication or posting as required by law.

Adopted this 10th day of June, 2026.

 

2026-03 Recycling Ordinance

TOWN OF GRANT

PORTAGE COUNTY, WISCONSIN

 

RECYCLING ORDINANCE

ORDINANCE NO. 2026-03

 

The Town Board of the Town of Grant, Portage County, Wisconsin, by this ordinance, adopted on proper notice with a quorum vote of a majority of the Town Board present and voting, at the Town of Grant Board Meeting on April 21^st, 2026, hereby adopts this Recycling Ordinance to take effect April 21^st, 2026. At such time, Town of Grant Recycling Ordinance No. 09-03, dated July 1, 2009, shall be discontinued.

 

SECTION 1: TITLE

This ordinance shall be known as the Town of Grant Recycling Ordinance.

 

SECTION 2: PURPOSE

The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Wis. Stat. § 287.11, and Wis. Admin Code NR Ch. 544.

 

SECTION 3: STATUTORY AUTHORITY

This ordinance is adopted as authorized under Wis. Stat. § 287.09(3)(b).

SECTION 4: ABROGATION AND GREATER RESTRICTIONS

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

SECTION 5: INTERPRETATION

In their interpretation and application, the provisions of this Ordinance shall be held to be the 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 Ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this Ordinance is required by Wisconsin Statutes, or by a standard in Wis. Admin Code NR Ch. 544, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Wis. Admin Code NR Ch.544 standards in effect on the date of the adoption of this Ordinance, or in effect on the date of the most recent text amendment to this Ordinance.

 

SECTION 6: SEVERABILITY

Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected.

 

SECTION 7: APPLICABILITY

The requirements of this Ordinance apply to all persons within the physical boundaries of the Town of Grant.

 

SECTION 8: ADMINISTRATION

The provisions of this Ordinance shall be administered by the Town of Grant or its designees.

 

SECTION 9: DEFINITIONS

For the purpose of this Ordinance:

 

1. "Attendant" means any person or persons employed by the Town of Grant who is on the premises of the Transfer Station at 8840 Griffith Avenue for the purpose of carrying out the duties set forth by the governing Town Board.
2. "Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
3. "Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.
4. "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:
   1. Is designed for serving food or beverages.
   2. Consists of loose particles intended 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.
5. "Glass container" means a glass bottle, jar, or other packaging container used to contain a product that is the subject of a retail sale. This term does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, lead-based glass such as crystal, or TV tubes.
6. "HDPE" means high density polyethylene, labeled by the resin code #2.
7. "LDPE" means low density polyethylene, labeled by the resin code #4.
8. "Magazines" means magazines and other materials printed on similar paper.
9. "Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, furnace, boiler, dehumidifier, microwave oven, oven, refrigerator, stove, or water heater.
10. "Mixed paper" means paper accepted for recycling other than newspapers, magazines, or office paper. Mixed paper includes envelopes and papers received via mail, telephone books, TV guides, and various schoolwork ledgers and notebook paper.
11. "Multiple-family dwelling" means a structure containing 5 or more residential units, including those that are occupied seasonally.
12. "Newspaper" means a newspaper and other materials printed on newsprint.
13. "Non-residential facilities and properties" means commercial, retail, industrial, institutional, and governmental facilities and properties. Non-residential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as fairs, festivals, sport venues, conferences, and exhibits. This term does not include multiple-family dwellings.
14. "Office paper" means a variety of high-grade printing and writing papers. This term does not include industrial process waste, newspaper, or packaging.
15. "Other resins or multiple resins" means plastic resins labeled by the resin code #7.
16. "Person" includes any individual, corporation, limited liability company, partnership, association, local governmental unit as defined in Wis. Stat. § 66.0131(1)(a), state agency or authority, or federal agency.
17. "PETE" or "PET" means polyethylene terephthalate, labeled by the resin code #1.
18. "Plastic container" means an individual, separate, rigid plastic bottle, can, jar, or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
19. "Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste as defined in Wis. Stat. § 291.01(7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste as defined in Wis. Stat. § 289.01(17).
20. "PP" means polypropylene, labeled by the resin code #5.
21. "PS" means polystyrene, labeled by the resin code #6.
22. "PVC" means polyvinyl chloride, labeled by the resin code #3.
23. "Recyclable materials" includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; bi-metal containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; and waste tires.
24. "Solid waste" has the meaning specified in Wis. Stat. § 289.01(33).
25. "Solid waste facility" has the meaning specified in Wis. Stat. § 289.01(35).
26. "Solid waste treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of solid waste. “Treatment” includes incineration.
27. “Transfer Station” means the Town facility designed for residents to discharge their solid waste
28. "Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage, or defect.
29. "Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in diameter. This term does not include stumps, roots, or shrubs with intact root balls.

 

SECTION 10: SEPARATION OF RECYCLABLE MATERIALS

All occupants of single-family and two (2)-to-four (4)-unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from their post consumer waste:

 

1. Lead acid batteries
2. Major appliances
3. Waste oil
4. Yard waste
5. Aluminum containers
6. Bi-metal containers
7. Corrugated paper or other container board
8. Foam polystyrene packaging
9. Glass containers
10. Magazines
11. Newspapers
12. Office paper
13. Mixed paper
14. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins
15. Steel containers
16. Waste tires

 

SECTION 11: SEPARATION REQUIREMENTS EXEMPTED

The obligation to separate recyclable materials under Section 10 does not apply to:

 

1. Occupants of single-family and 2-to-4-unit residences, multiple-family dwellings, and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 10 from solid waste in as pure a form as is technically feasible.
2. Postconsumer waste burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the postconsumer waste.
3. A recyclable material specified in Section 10 for which a variance has been granted by the Wisconsin Department of Natural Resources under Wis. Stat. § 287.11(2m) or Wis. Admin. Code NR § 544.14.

 

SECTION 12: CARE OF SEPARATED RECYCLABLE MATERIALS

To the greatest extent practicable, the recyclable materials separated in accordance with Section 10 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

 

The Town of Grant has the right to reject, including but not limited to, any of the following materials:

 

1. Hazardous wastes, including household hazardous wastes, toxic wastes, free liquid in any containers including paints and solvents, and pesticides (excluding non-agricultural pesticide containers if properly cleaned, uncontaminated, and approved by the Town Board).
2. Medical wastes.
4. Sludge wastes.
5. Industrial or commercial wastes from any industrial or commercial facility or operation.
6. Waste from pollution control equipment.
7. Residue and debris from clean-up of a chemical discharge or from any facility using chemicals in commercial, agricultural, or industrial processes.
8. Ash waste.
9. Hazardous and toxic demolition and construction wastes, and demolition and construction wastes containing asbestos, bio-medical wastes, or septage.
10. Animal fecal wastes.
11. Dead animals.
12. Brush or trees treated with chemical preservatives.
13. Explosive materials.
14. Any other contaminated recyclable materials as determined by the Town Board or its contractor.

 

No person may knowingly place any of the above-noted wastes or contaminated materials in any recyclable material collection without written permission of the Town Board. This prohibition applies to any contractor for the Town.

 

SECTION 13: MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL, AND YARD WASTE

Occupants of single-family and 2-to-4-unit residences, multiple-family dwellings, and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:

 

1. Lead acid batteries shall be traded in at the place of business where purchased, or may be accepted at the Transfer Station.
2. Major appliances may be dropped off at a site specified by resolution of the Town Board for a fee.
3. Waste oil shall be placed in the designated container as instructed by the attendant.
4. Yard waste, excluding branches and limbs less than 6 inches in diameter, shall be composted by residents at their own expense. Branches and limbs less than 6 inches in diameter shall be placed in designated areas as instructed by the attendant.
5. Fluorescent light bulbs may be dropped off at the Transfer Station at the designated disposal station with a fee.

 

SECTION 14: PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS

Except as otherwise directed by the Town of Grant or its designee, occupants of single-family and 2-to-4-unit residences shall do the following for the preparation and collection of the separated materials specified in Section 10:

 

1. Aluminum containers shall be clean, free of any hazardous or toxic waste, and placed in the receptacle designated by the attendant.
2. Bi-metal containers shall be clean and free of any hazardous or toxic waste; labels and lids shall be removed. Lids may be recycled by placing them in the can, pinching the can top out-of-round, and placing in the receptacle designated by the attendant.
3. Corrugated paper or other container board shall be clean, dry, and free of any hazardous or toxic waste; it shall be flattened and reduced to a manageable size for handling.
4. Foam polystyrene packaging shall be clean, dry, and free of any food residue, hazardous, or toxic waste, and placed in the receptacle designated by the attendant. Do not place foam polystyrene in plastic bags. Currently this packaging may be disposed with solid waste until recycling options are available locally.
5. Glass containers shall be clean, free of any hazardous or toxic waste, and have lids removed. Keep glass intact for safe handling.
6. Magazines or other materials printed on similar paper shall be clean, free of hazardous or toxic waste, and placed unbundled in the designated receptacle.
7. Newspapers or other materials printed on newsprint shall be clean, free of hazardous or toxic waste, and placed in the designated receptacle.
8. Office paper shall be clean, free of hazardous or toxic waste, and placed in the designated receptacle.
9. Mixed paper shall be clean, free of hazardous or toxic waste, and placed in the designated receptacle.
10. Rigid plastic containers shall be clean, free of any hazardous or toxic waste, have lids removed, and be placed in the designated receptacle.
11. Steel containers shall be clean, free of any hazardous or toxic waste, have lids removed, and be placed in the designated receptacle.
12. Waste tires may be collected once or twice annually for a fee determined by the Town Board. Waste tires may be burned with energy recovery in a solid waste treatment facility.

 

SECTION 15: RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE-FAMILY DWELLINGS

 

1. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in Section 10 (5) – (15):

 

1. Provide adequate, separate containers for the recycling program. The number of recycling containers shall equal or exceed the number of trash containers, and at least one of the following conditions shall be met:

1. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit;
2. The ratio of trash container volume to recycling container volume is at most 2:1; or

An alternative method is used that does not result in the overflow of a recycling container during the period between collection of materials and delivery to a recycling facility.

1. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
2. Provide for the collection of the materials separated from solid waste by the tenants and the delivery of the materials to a recycling facility.
3. Notify tenants which materials are collected, how to prepare the materials to meet processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site. Contact information: Town of Grant Town Hall, 9011 County Highway WW, Wisconsin Rapids, WI, (715) 423-9193.

 

2. The requirements of subsection (1) do not apply to owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in Section 10 (5) – (15) from solid waste in as pure a form as is technically feasible.

 

SECTION 16: RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES

 

1. Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in Section 10 (5)-(15):

 

1. Provide adequate, separate containers for the recycling program. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility.
2. Notify in writing, at least semi-annually, all users, tenants, and occupants of the properties about the established recycling program.
3. Provide for the collection of the materials separated from the solid waste by users, tenants, and occupants, and the delivery of the materials to a recycling facility.
4. Notify users, tenants, and occupants which materials are collected, how to prepare materials to meet processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.

 

2. The requirements of subsection (1) do not apply to owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in Section 10 (5) – (15) from solid waste in as pure a form as is technically feasible.

 

SECTION 17: PROHIBITION ON DISPOSAL OF RECYCLABLE MATERIALS

No person may dispose of in a solid waste disposal facility, or burn in a solid waste treatment facility, any of the materials specified in Section 10 that have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.

 

SECTION 18: ENFORCEMENT

 

1. For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee, or representative of the Town of Grant may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities. Such records shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee, or authorized representative of the Town of Grant 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 Ordinance may be issued a citation by any member of the Town Board to collect a forfeiture. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding 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 ordinance may be assessed as follows:
   1. Any person who violates Section 17 or does not have a valid permit for alternate means of disposal 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 ordinance other than Section 17 may be required to forfeit not less than $10 nor more than $1,000 for each violation.
   3. The penalties provided in this Section shall not be construed as prohibiting the Town from seeking other methods of enforcing this Ordinance as allowed by law, including, but not limited to the use of an injunction.

 

SECTION 19: RECYCLABLE MATERIAL COLLECTION SCHEDULE

The Town Board may establish the dates and times of authorized placement and collection for recyclable materials, wastes, or other materials where these materials are to be collected in the Town by the Town, by any contractor of the Town, or by any permitted collector of the Town. The Town Clerk shall post notice of the collection schedule in three places within Town boundaries at least one week before any recyclable material collection schedule is changed.

 

SECTION 20: PERMITTING

 

4. No person may engage in the use, operation, or business of collecting solid waste or recyclable material for consideration within the Town without being licensed or permitted by the Wisconsin Department of Natural Resources under Wis. Admin. Code NR Ch.502.
5. No person in the Town may continue to place recyclable material for collection at any location in the Town that includes unauthorized recyclable materials.

 

SECTION 21: FEE RESPONSIBILITY

Any fees due and owing as a result of recycling services furnished to persons within the Town of Grant shall be the responsibility of the property owner or occupant generating the waste.

SECTION 22: TOWN RECYCLING PROGRAM

The Town shall have a recycling program in which its residents shall participate in. Any person may request to be waived from participating in the Town recycling program at the Town’s discretion. Any requester shall contract with a private or public licensed waste hauler or transporter for proper disposal of the designated recyclable materials. The requester shall furnish to the Town Clerk a copy of a contract for recycling services from a licensed or permitted entity.

 

SECTION 23: RELEASE OF CLAIMS

By using the Transfer Station, the user/resident releases all claim to the deposited items, including any and all claims to monetary proceeds, but is not released from responsibility for any materials that are hazardous or toxic under state or federal law, or that are otherwise not compliant with the terms of this ordinance.

 

 

REPEAL OF FORMER ORDINANCE

Town of Grant Recycling Ordinance No. 09-03, dated July 1, 2009, is hereby repealed and discontinued upon the effective date of this ordinance.

 

EFFECTIVE DATE

This ordinance shall take effect in full force after a it has been publicly noticed according to Wis. Stat. § 60.80(5), on April 23^rd, 2026.

 

 

Adopted by the Town Board of the Town of Grant, Portage County, Wisconsin.

An ordinance related to the confidentiality of information about Income and Expenses requested by the assessor in property assessment matters in Town of Grant (Ordinance 2026-02)

AN ORDINANCE RELATING TO THE CONFIDENTIALITY OF INFORMATION ABOUT INCOME AND EXPENSES REQUESTED BY THE ASSESSOR IN PROPERTY ASSESSMENT MATTERS IN TOWN OF GRANT

WHEREAS, Wis. Stat. § 70.47(7)(af) requires that the Town provide by ordinance for the confidentiality of information about income and expenses that is provided to the Assessor under Wis. Stat. § 70.47 (7)(af), and shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court of competent jurisdiction,

NOW, THEREFORE, the Town of Grant, Portage County, Wisconsin, ORDAINS AS FOLLOWS:

SECTION 1: Wisconsin Stat. § 70.47(7)(af) is hereby adopted by reference. Whenever the Assessor, in the performance of his or her duties, requests or obtains income and expense information, the information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons: (i) in the discharge of duties imposed by law; (ii) in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or (iii) pursuant to the order of a court of competent jurisdiction. Unless a court determines that the information is inaccurate, the information provided to the Assessor is not subject to the right of inspection and copying as a public record under Wis. Stat. § 19.35(1).

SECTION 2: SEVERABILITY - If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect.

Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

SECTION 3: EFFECTIVE DATE - This ordinance shall take effect immediately upon passage and posting or publication as provided by law.

​Zoning Ordinance 2026-01
Amended and approved by Portage County Planning & Zoning March 24, 2026

Zoning Ordinance 2026-01
Approved by Town of Grant Board February 11th , 2026

Zoning Ordinance Amended December 2016

• Appendix A - Setbacks
• Appendix B - Quarrying

 

TOWN OF GRANT ZONING ORDINANCE

TABLE OF CONTENTS

INTRODUCTION

INTENT AND INTERPRETATION

III. DISTRICTS

Low Density Residential

High Density Residential

Exclusive Agriculture

Transitional Agriculture

General Agriculture

Commercial

Industrial

Conservancy

GENERAL PROVISIONS

Buildings & Uses

Area Regulations

Height Regulations

Front, Side and Rear Yard Regulations

Vision Corners at Intersections

Motor Vehicles and Parking

Utilities

Unsafe Buildings & Land Conditions

ZONING PERMITS

CONDITIONAL USE PERMITS

Conditional Use Procedures

Conditional Use Approval Criteria

 

VII. ZONING ADMINISTRATOR

 

VIII. BOARD OF APPEALS

PONDS, EXCAVATIONS AND EXTRACTIONS – QUARRYING

CHANGES AND AMENDMENTS

VIOLATION AND PENALTIES

XII. DEFINITIONS

 

APPENDIX A - TOWN OF GRANT ZONING SETBACKS, AREA AND HEIGHT REQUIREMENTS

 

APPENDIX B - DEVELOPMENT SITE STANDARDS FOR QUARRYING

 

APPENDIX C  - SHORELAND ZONING OVERLAY MAP

 

APPENDIX D - DRAINAGE DISTRICT MAP

 

Town of Grant – Portage County

Zoning Ordinance – Ordinance Number 2026-01

 

1. INTRODUCTION

 

Title.  This Ordinance shall be known, cited, and referred to as the TOWN OF GRANT ZONING ORDINANCE except as referred to herein, where it shall be known as “this Ordinance”.

 

Purpose.  This Ordinance is adopted to promote the public health, safety, and general welfare ; to promote adequate light and air; to prevent the overcrowding of land and undue concentration of population; to preserve and enhance property values; to promote high quality and sustainable community design; preserving and enhancing community appearance and quality of life; and for the said purposes to divide the Town of Grant, Portage County, Wisconsin, into  Districts of such number, shape and area as are deemed best suited to carry out the said purposes; to provide a method for its administration and enforcement and to provide penalties for its violation.

 

Authority.  This Ordinance is enacted pursuant to the authority granted by the State of Wisconsin Statutes, including but not limited to §§ 60.62, 61.35, and 62.23. Village powers were adopted at an Annual Town Meeting on April 3, 1962.

 

Severability and Non-Liability.  The provisions of this Ordinance are separable in accordance with the following:

 

1. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment.
2. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Ordinance to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment.
3. If any requirement or limitation attached to an authorization given under this Ordinance is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid.

 

Incorporation of Appendices.  The TOWN OF GRANT ZONING SETBACKS, AREA AND HEIGHT REQUIREMENTS, attached hereto and made a part of this Ordinance as Appendix A, the DEVELOPMENT SITE STANDARDS FOR QUARRYING, attached hereto and made a part of this Ordinance as Appendix B, the SHORELAND ZONING OVERLAY MAP, attached hereto and made a part of this Ordinance as Appendix C, and the DRAINAGE DISTRICT MAP, attached hereto and made a part of this Ordinance as Appendix D, are hereby incorporated and adopted into this Ordinance.

 

 

1. INTENT AND INTERPRETATION

 

Interpretation.  In their interpretation and application, the provisions of this Ordinance shall be held to the minimum requirement adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Town of Grant, Portage County, Wisconsin, shall be liberally construed in favor of the Town, and shall not be construed to be a limitation or repeal of any other power now possessed by the Town.

 

More Restrictive Regulations Govern.  Where property is affected by the regulations imposed under this Ordinance and by other governmental regulations, the regulations that are more restrictive or that impose higher or greater requirements shall prevail. Where there are conflicts between regulations in this Ordinance, the regulations that are more restrictive or that impose higher standards or requirements shall prevail.

 

Where County Zoning Regulations Govern. The Town is subject to Portage County’s Shoreland and Floodplain Zoning, Subdivision, Private Sewage and Sexually Oriented Businesses Ordinances. Portions of the Town are subject to the Portage County Drainage District.

 

Relationship with Existing Agreements. It is not intended by this ordinance to repeal, modify, annul, impair, or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to law; provided however, that where this  Ordinance  imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are required by other rules, regulation or permits or by easements, covenants or agreements, the provisions of this  Ordinance  shall  govern.

 

III.      DISTRICTS

 

For the purposes of this Ordinance, the Town of Grant, Portage County, Wisconsin is hereby divided into eight districts as follows:

1. Low Density Residential
2. High Density Residential
3. Exclusive Agriculture
4. Transition Agriculture
5. General Agriculture
6. Commercial
7. Industrial
8. Conservancy

 

District Boundaries shall appear on the Zoning Map, Town of Grant, Portage County, Wisconsin, which accompanies and is hereby adopted and incorporated herein by reference.  Such Zoning Map may be amended from time to time by the Town Board pursuant to applicable law.

 

Zoning and Land Use changes shall be referred to the Town of Grant Board for consideration, subsequent referral to the Town of Grant Plan Commission for recommendations which shall then submit its recommendation to the

R-1 Low Density Residential DISTRICT

 

Intent.  This District is intended to provide suburban-fringe and rural area landowner/residents with greater flexibility in land use than the High Density Residential District. Minimum lot size shall be two acres with clusters of properties of two to ten acres. One- and two-family residential development is consistent with this District, as well as other non-intensive uses typically associated with the rural residential lifestyle with limited traffic and controlled ambient lighting, and to protect residential property values by prohibiting uses which are incompatible with homes.   This District shall be maintained to prevent degradation of ground and surface water.

 

Permitted uses:

 

1. One- and two-family residence
2. One private detached garage for each residential parcel, in addition to or in lieu of an attached garage
3. Accessory or storage buildings not exceeding 3500 sq feet
4. Churches
5. Public and parochial schools
6. Parks and playgrounds and recreational courts
7. Produce stands
8. Municipal buildings for administrative purposes only
9. Signs See Sign Ordinance
10. Home businesses (incidental)
11. Roof mounted solar installations less than 20 kilowatts
12. Large livestock on parcels five acres and larger
13. Private burial plot

 

Conditional uses:

 

1. Bed and Breakfast Establishments and short-term rentals (i.e., tourist rooming house)
2. Utilities, substations, communication towers, and  related structures, but not including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year See Wis. Admin Code §§ NR 812.07(53) and (80).
3. Accessory/storage buildings greater than 3500 sq. ft.
4. Golf courses and public swimming pools
5. Mobile home Parks
6. Home business and professional office in residence
7. All ponds, excavations, and/or other extractions regardless of the size with restrictions.  Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself. Must provide detailed site plans prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant
8. Ground mounted (free standing) solar array
9. Large livestock on parcels less than five-acres
10. Motor vehicle repair shop [automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine sales and/or repairs]

 

Prohibited Use:

 

1. Wind turbines
2. Billboards (signs greater than 32 square feet) – see Sign Ordinance
3. Junkyards and salvage yards

Height, Yard, Area and other Requirements

1.    See Appendix A

 

               R-2 High Density Residential DISTRICT

 

Intent.  This District is intended to provide for unsewered, one- or two-family residential development on lots typically ranging from 20,000 square feet to two acres. This District is intended to further provide a suburban atmosphere with limited traffic and controlled ambient lighting, and to protect residential property values by prohibiting uses which are incompatible with homes. This District should be maintained to prevent degradation of ground and surface water.

 

Permitted Uses

 

1. One- and two-family residence such structure to be not less than 20 feet wide
2. One private detached garage, such structure to be for each residential parcel, in addition to or lieu of an attached garage.
3. Accessory or storage buildings not exceeding 2000 sq ft
4. Churches
5. Public and parochial schools
6. Parks, playground, and recreational courts.
7. Signs.  See Sign Ordinance
8. Home businesses (incidental)
9. Roof mounted solar installations less than 10 kilowatts
10. Private burial plot

 

Conditional uses

 

1. Municipal buildings
2. Golf courses and public swimming pools
3. Bed and Breakfast Establishments and short-term rentals (i.e., tourist rooming house)
4. Utilities, substations, communication towers,  and related structures but not including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. See Wis. Admin Code §§ NR 812.07(53) and (80).
5. Accessory/storage buildings greater than 2000 square feet.
6. Home business and professional office in residence
7. Ground mounted (free standing) solar array
8. Motor vehicle repair shop [automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine sales and/or repairs]

 

Prohibited Use:

 

1.      Wind turbines

1. Billboards (signs greater than 32 square feet) – see Sign Ordinance
2. Junkyards and salvage yards
3. Large livestock

Height, Yard, Area and other Requirements

 

1. See Appendix A, attached and incorporated

 

 

A-1 EXCLUSIVE AGRICULTURE DISTRICT

 

Intent. This District is intended to preserve productive farmlands, particularly where such lands exist in large blocks, including nonproductive lands, where necessary to maintain this strategy.  This District is intended to further maintain agriculture as a major component of the Town’s economy, minimize conflicts between farm and non-farm activities, avoid urban sprawl and the associated public cost, allow farmers to participate in the Wisconsin Farmland Preservation Program, and allow farm-related housing and limited non-farm housing, in appropriate locations, at very low densities.

 

Permitted Uses

 

1. A single-family residence
2. A single-family residence on pre-existing parcels less than 35 acres.
3. Accessory or storage buildings and uses
4. Agriculturally related residences

• Agriculturally related residences allowed as permitted uses are those which are to be occupied by a person who, or a family at least one member of which, earns a majority of his or her livelihood from the farm operation. A lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements of General Agricultural District.  One lot split per forty-acre parcel will be permitted for a second farm related home.
• Pre-existing. Those residences preexisting on the effective date of this section may be continued in residential use and shall not be considered nonconforming uses per Wis. Stat. Ch. 91.  Such pre-existing residences may be altered, repaired or rebuilt, but are subject to setback, height and other dimensional requirements.  Such residences may be occupied by any person for farm or nonfarm residential purposes, provided that the dwelling remains in single family residential use.

1. General farming
2. Cranberry production.
3. Forest management
4. A new or expanded livestock facility that will have less than 500 animal units as defined Wis. Admin. Code Ch. ATCP 51.
5. Stables, equestrian trails and riding arenas.
6. Non-retail plant nurseries
7. Sod Farming
8. Roadside stands not exceeding one per farm
9. Game and fish farms
10. Ponds, excavations, and/or other extraction less than one (1) Acre with restrictions.  Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself. Must provide detailed site plans prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure.
11. Lands not being actively farmed which have prime agricultural potential and which comply with the intent and use provisions of this section
12. Signs.  See Ordinance
13. Home businesses (incidental) – see definition
14. Solar installations less than 100 kilowatts in size
15. Commercial indoor and outdoor storage

20. Pine plantations, Christmas tree farms and sales

1. Private burial plot

 

 

 

Conditional Uses

 

1. Nonfarm residences created as the result of farm consolidation
2. Housing for farm laborers not permitted in the principal use section.
3. Home businesses when such businesses may be conducted anywhere on the premises for retail and professional uses. If conducted out of the residence, there shall be no external alterations that would effect a substantial change in the residential character of the building, and that no more than two persons not members of the resident family may be employed in such businesses.
4. Livestock sales facilities
5. Veterinary services for large livestock
6. Commercial fur farming
7. Dairy processing plant
8. A new or expanded livestock facility that will have 500 or more animal units as defined by ATCP51 and shall comply with Wis. Admin. Code Ch. ATCP 51
9. Fertilizer mixing plants
10. Retail greenhouses and plant nurseries
11. Retail orchards
12. Aircraft landing fields for agricultural purposes and for personal uses
13. Utilities, substations, communication towers, wind turbines and related structures including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or bases on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. See Wis. Admin Code §§ NR 812.07(53) and (80).
14. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.
15. Solar installations 100 kilowatts and over
16. Billboards (signs greater than 32 square feet)
17. Event barn

 

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

                                    

 

 

 

 

A-2 TRANSITIONAL AGRICULTURE DISTRICT

 

Intent. This District is intended to provide for a broad range of rural oriented land uses including agriculture, forestry and open spaces.  It is further intended that this District be used to preserve the rural character of certain outlying areas of the Town of Grant, where only large lot residential development is desirable.

 

Permitted uses:

 

1. Single family residence
2. Accessory or storage buildings and uses
3. General farming
4. Stables and riding arenas

5. Forest management
6. Pine plantations, Christmas tree farms and sales

1. Temporary roadside stands
2. Municipal buildings
3. Ponds, excavations, or extractions, 25,000 square feet or less of excavated area with restrictions. Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself.  Detailed site plans must be submitted prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure
4. Signs. See Sign Ordinance
5. Home businesses (incidental)
6. Solar installations less than 50 kilowatts in size.
7. Large livestock
8. Private burial plot
9. Non-retail plant nurseries
10. Commercial indoor storage

 

Conditional uses:

 

1. Bed and breakfast establishments and short-term rentals (i.e., tourist rooming house)
2. Fish and game farms
3. Home businesses when such businesses may be conducted anywhere on the premises for retail and professional uses
4. Kennels
5. Shooting ranges
6. Junkyards and salvage yards
7. Campgrounds
8. Ponds, excavations, or extractions greater than 25,000 square feet with restrictions.  Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself.  Detail site plans must be submitted prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.
9. Utilities, substations, communication towers,  wind turbines, and related structures. including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year.  See Wis. Admin Code §§ NR 812.07(53) and (80).
10. Billboards (signs greater than 32 square feet) – see Sign Ordinance
11. Motor vehicle repair shop [automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine sales and/or repairs]
12. Event barn
13. Solar installations 50 kilowatts and over
14. Sod farming
15. Cranberry production
16. Commercial outdoor storage
17. Veterinary services for large livestock
18. Retail greenhouses and plant nurseries
19. Retail orchards
20. Aircraft landing fields for agricultural purposes and for personal uses

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

 

A-3 GENERAL AGRICULTURE DISTRICT

 

Intent.  This District is intended to preserve the rural character of certain outlying areas and provide areas for nonfarm, single family residential large lot development. Furthermore, it is also intended to serve as a buffer between Residential and Exclusive Agriculture and Transitional Agriculture Districts. This District is intended to provide for a broad range of rural-oriented land uses including agriculture, and related structures/residences, as well as forestry, and open space.

 

Permitted Uses

1. Single family residence
2. Accessory or storage buildings and uses
3. General farming
4. Stables and riding arenas

5. Forest management
6. Pine plantations, Christmas tree farms and sales

1. Temporary roadside stands
2. Municipal buildings
3. Ponds, excavations, or extractions, 25,000 square feet or less of excavated area with restrictions. Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself. Detailed site plans must be submitted prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure
4. Signs with restrictions.
5. Home businesses (incidental)
6. Solar installations less than 50 kilowatts in size
7. Large livestock
8. Private burial plot
9. Non-retail plant nurseries
10. Commercial indoor storage

 

Conditional Uses

1. Bed and breakfast establishments and short-term rentals (i.e., tourist rooming house)
2. Fish and game farm
3. Home businesses when such businesses may be conducted anywhere on the premises for retail and professional uses – see definition
4. Kennels
5. Shooting ranges
6. Campgrounds
7. Ponds, excavations, or extractions greater than 25,000 square feet with restrictions. Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself.  Detail site plans must be submitted prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.
8. Utilities, substations, communication towers, wind turbines, and related structures but not including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year.  See Wis. Admin Code §§ NR 812.07(53) and (80).
9. Event barn
10. Solar installations 50 kilowatts and over
11. Billboards (signs greater than 32 square feet) – see Sign Ordinance
12. Junkyards and salvage yards
13. Motor vehicle repair shop [automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine sales and/or repairs]
14. Veterinary services for large livestock
15. Retail greenhouses and plant nurseries
16. Retail orchards

 

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

COMMERCIAL DISTRICT

 

Intent. It is the intent of this District to provide appropriate areas for commercial uses.  Land use and aesthetic compatibility of such businesses with existing or planned residential development, on adjacent lands, shall be emphasized.

 

Permitted Uses

 

1. All permitted uses listed in this District shall have a maximum total floor area of 5,000 square feet.
2. Art Shop, antique shop.
3. Bakery
4. Bank, savings and loan or other financial institutions.
5. Barber Shop, beauty parlor
6. Beer and liquor stores
7. Book and stationery store, newsstand, card/novelty shop.
8. Business and professional offices.
9. Churches
10. Clothing store, department store, shoe store, shoe repair shop.
11. Clubs and lodges
12. Pharmacies
13. Feed and seed stores
14. Flower, garden and lawn shop
15. Food products, retail fruit and vegetables store, grocery store, meat and fish market, supermarket
16. Convenience store, variety stores, discount store
17. Funeral Homes
18. Furniture store, appliances, office equipment, upholstering
19. Hardware, household appliances, plumbing, heating and electrical supplies, sporting goods.
20. Hotel, motel, bed and breakfast establishments, and short-term rentals (i.e., tourist rooming house)
21. Jewelry store
22. Laundry and dry-cleaning establishment
23. Music, radio and television store, record shop, cell phone store, computer store
24. Paint store, interior decorator
25. Photographer, photography supply shop
26. Printing and duplicating
27. Public and municipal building, including repair, storage, maintenance of equipment specifically for use by the Town of Grant
28. Public and municipal buildings other than the Town of Grant, excluding repair, storage, maintenance of equipment
29. Public utility office, telephone exchanges
30. Radio and television broadcasting studio
31. Restaurants, café, drive-up services, soft drink stands
32. Schools and churches
33. Taverns
34. Signs with restrictions. See Sign Ordinance
35. Residences of owners or operators when attached to one of the above permitted uses.
36. Accessory uses and buildings.
37. Solar arrays less than 50 kilowatts
38. Rental storage
39. Other retail uses similar in character to the above

 

Conditional Uses

 

1. All permitted uses listed in this District that have a maximum total floor area greater than 5,000 square feet.
2. Animal hospitals, pet shops, veterinary

1. Motor vehicle repair shop [automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine sales and/or repairs]

4. Boat liveries, including boat storage, sale of boats, motors, fuel, marine supplies and the servicing of the boats and motors, but not the manufacture of boats or motors
5. Bus & Truck Terminals
6. Cemetery See Wis. Stat. § 157.128.
7. Contractor businesses and related storage yards
8. Dance halls, skating rinks, bowling alleys

1. Detached residence(s) of owner(s) or operators.

10. Gas stations, service stations, garages and vehicular towing services
11. General farming
12. Go-kart and other racetracks
13. Junkyards and salvage yards
14. Lumber yards
15. Manufacturing or storage in connection with any of the permitted uses, when clearly incidental to the conduct of retail business on the premises.
16. Mobile home park
17. Modular, manufactured, mobile homes and recreational vehicle storage and sales.

1. All ponds, excavations, and/or other extractions regardless of size with restrictions.  Must provide detailed site plans prior to the start of excavation. Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself.  Refer to the Ponds/Quarrying section for more details and permit application procedure. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.

19. Private vocational schools, conducted for profit
20. Public and municipal building other than The Town of Grant that include repair, storage, maintenance of equipment
21. Shopping centers, malls, supercenter/superstore, big box stores
22. Sports complexes
23. Theater including drive-in theaters
24. Campgrounds

1. Utilities, substations, communication towers, wind turbines, and related structures, but not including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year.  See Wis. Admin Code §§ NR 812.07(53) and (80).Warehousing

26. Solar arrays 50 kilowatts and over
27. Rental residential units
28. Vape shop, CBD (Cannabidiol)/hemp store

1. Billboards (signs greater than 32 square feet) – see Sign Ordinance
2. Storage condominium

 

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

                                    

 

 

 

 

 

INDUSTRIAL DISTRICT

 

Intent.  It is the intent of this District to provide for industrial, heavy manufacturing activities and certain high capacity well uses, which are not allowed elsewhere in this Ordinance.  All uses should be treated as Conditional Uses due to the intensive nature of industrial activities in general and the broad scope of this District.

 

Permitted Uses

 

1. Town solid waste/recycling facility

 

Conditional Uses

 

1. All main or principal uses and buildings in this District shall be Conditional Use. There shall be detailed plans submitted for review by the Zoning Administrator and Plan Commission and approved by the Town Board.
2. High capacity wells, the use of which is intended to result in the intermediate bottling or otherwise containment of groundwater for ultimate human consumption away from the lot or parcel on which the high capacity well is located.

1. Billboards (signs greater than 32 square feet) – see Sign Ordinance
2. Junkyards and salvage yards

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

                                    

 

 

CONSERVANCY DISTRICT

 

Intent.  This District is intended to identify, protect, and preserve lands that are environmentally unique, fragile or important.  Areas where this District could be applied include, but are not limited to, wetlands, floodways, shorelines, drainage ways, parks and other public or privately owned lands providing opportunities for recreation and management of wildlife habitat.

 

Permitted Uses

 

1. Grazing
2. The harvesting of wild crops, such as hay, ferns, moss, berries, and tree fruits and seeds.
3. The practice of wildlife, fish and forest management.
4. Seasonal single-family dwellings for seasonal or temporary habitation.  Constructed under the standards of the Wisconsin Uniform Dwelling Code.
5. Nonresidential buildings and structures used solely in conjunction with the raising of wildlife and fish, and the practice of forestry. Including buildings and structures used by public or semi-public or conservation agencies or groups for research in or the rehabilitation of natural resources (i.e. wildlife/nature centers).
6. The maintenance, repair and extension of existing drainage systems (such as ditching and tiling, tree cutting & brush removal) including depositing of excavated materials.
7. Timber harvesting, including pulpwood, selective cutting, cutting of firewood, tree plantations, Christmas tree farms and removal of dead, dying and diseased trees.
8. See Sign Ordinance

1. Ponds, excavations, and/or other extraction of less than one acre with restrictions.  Pond, excavation, extraction is the area excavated below the existing ground surface which includes the side slopes and the pond itself.  Must provide detailed site plans prior to the start of excavation. Refer to the Ponds/Quarrying section for more details and permit application procedure.
2. Solar arrays to support other permitted uses up to 20 kilowatts.

 

Conditional Uses:

 

1. All ponds and excavating one acre or greater are subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.
2. Hydro-electric power stations, dams and other structures for the use or control of flowing water

1. Utility and communication towers, wind turbines, and related structures but not including high capacity well systems (defined as one or more wells, drill holes or mine shafts used or to be used to withdraw water for any purpose on one property, if the total pumping or flowing capacity of all wells, drill holes or mine shafts on one property is 70 or more gallons per minute based on the pump curve at the lowest system pressure setting or based on the flow rate), which high capacity well system is intended for use in conjunction with a public water system, which means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year.  See Wis. Admin Code §§ NR 812.07(53) and (80).

4. Public parks & facilities when owned by the State, County or the Town, operated for the convenience and recreation of the public.

1. Billboards (signs greater than 32 square feet) – see Sign Ordinance

 

 

Height, Yard, Area and other Requirements

 

1. See Appendix A

 

 

1. GENERAL PROVISIONS

 

1. BUILDING AND USES

 

1. No provisions of this Ordinance shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the laws of the State Wisconsin.

 

2. No provision of this Ordinance shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of public utility neighborhood service lines and mechanical appurtenances thereto, where reasonably necessary for the preservation of the public health, safety, convenience and welfare.

 

3. The use of buildings hereafter erected, converted, enlarged or structurally altered, and the use of any land shall be in compliance with the regulations established herein for the District in which such land or building is located.

 

4. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one residence building on one lot, except during the construction or moving in of a replacement residence. Under no circumstances shall both residences be occupied at one time.  The old residence shall be removed within 30 days of occupancy of replacement home or such other period of time at the reasonable discretion of Zoning Administrator or Town Board.

 

5. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building nor part thereof for which a Zoning Permit has been issued before the effective date of this Ordinance and the construction of which shall have been started within six months from the date of such permit.

 

6. Nonconforming Uses

 

1. The existing lawful use of a building or premises at the time of the enactment of this ordinance or any amendment thereto may be continued although such use does not conform to the provisions of this ordinance for the District in which it is located, but such nonconforming use shall not be expanded.

 

1. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

 

1. If a nonconforming use of a building or premises is discontinued for a period of twelve months, any future use of the building or premises shall conform to the regulation for the District in which it is located.

 

62. Structural repairs or alterations to a nonconforming structure will be under the regulation of Stats. §§62.23(7)(h), (hb) and (hc), and 60.61(5e) and (5m). The Board of Appeals, after investigation and public hearing, may authorize the change of a nonconforming use to another of the same classification provided that the Board shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use.

 

1. When a housing project consisting of a group of two or more buildings is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout makes it impractical to apply the requirements of this Ordinance to the individual building units, the Town Board of the Town of Grant may approve a development plan provided the plan complies with the regulations of this Ordinance as applied to the whole plat.

 

 

B.   AREA REGULATIONS

 

1. Any lot or parcel shown on a recorded subdivision, plat, assessor’s plat or conveyance and recorded in the Office of the Register of Deed of Portage County prior to the adoption of this Ordinance for Town of Grant may be used as a building site, or for any purpose permitted by this Ordinance, even though such lot or parcel does not conform to the minimum frontage or area requirements of the District in which it is located.

 

2. Any lot or parcel shown on a recorded subdivision, plat, or assessor’s plat or conveyance and recorded in the Office of Register of Deeds of Portage County prior to the adoption of this Ordinance, may be increased in size by the addition of all or part of the adjoining lots or parcels, and such resulting lots or parcels may be used for any purpose permitted in the District in which they are located even though by such addition such lots or parcels do not reach the minimum area or frontage required in such District; provided, however, that subsequent to such addition, the side yard, open space and percentage of occupancy provisions for lots of the resulting size shall apply; and provided further that after buildings have been erected on such lots or parcels their area or width shall not thereafter be reduced, except in conformity with the provisions of this Ordinance.

 

3. In the agricultural districts, the use of the open space design option and lot averaging is allowed for low density development. Refer to the Comprehensive Plan: Chapter 5 - Section 5.5 Natural Resources - F. Open-Space Option.

 

 

1. HEIGHT REGULATIONS

 

1. Except as otherwise provided in this Ordinance, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the District in which such building is located. (See Appendix A)

 

2. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet.

 

3. Any planned building exceeding a height of thirty-five (35) feet shall be referred to the Town Board to determine if adequate fire protection is available prior to the issuance of a Zoning Permit. Churches, schools and other public buildings may be erected to a height not exceeding fifty (50) feet, provided the front, side and rear yards setbacks required in the District in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the District in which such building is to be located.

 

D.  FRONT, SIDE AND REAR YARD REGULATIONS

 

1. No building with its accessory buildings shall occupy in excess of fifty percent of the interior lot or sixty percent of a corner lot. In no case shall a Zoning Permit be issued to construct a living area covering less than 720 square feet for year round occupancy or 400 square feet of living area in a Conservancy District.

 

2. Every part of a required yard shall be open and unoccupied by any structure from the ground upward, except as follows:

 

1. Detached accessory buildings may be located in the rear yard, or in the side yard of the principal building, provided an additional side yard, equal to that otherwise required for the principal building, is provided.
2. Sills, belt courses, cornices, canopies, eaves and ornamental architectural features may project into a required yard not more than 30 inches
3. Fences, walls and hedges so long as pedestrians and motorists are not obstructed

 

3. To create a buffer, buildings in a lot in an Exclusive Agricultural, Transitional Agricultural, or General Agricultural District used to house livestock or poultry shall not be closer than 100 feet to any side lot line adjacent to a lot in Low Density Residential or High Density Residential District.

 

E.   VISION CORNERS AT INTERSECTIONS

1.   There shall be a vision clearance triangle in each quadrant of all intersections of roads with other roads or railroad rights-of-way.  Such vision clearance triangle shall be bounded by the road or railroad right-of-way lines, which are located twice the setback of the major road of the intersection.

 

2.    Within a vision clearance triangle, no structure or object of natural growth shall be constructed, maintained, or permitted to grow between a height of two and one-half feet and ten feet above the elevation of the street or highway grade at the centerline.  This regulation shall not apply to the trunks of tree, posts not over six inches in diameter, retaining walls used to support ground at or below its natural level, or wire fences, none of which shall be planted, placed, designed or constructed so as to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one road to another.

 

 

F.   MOTOR VEHICLES AND PARKING

1.      No parking of a commercial motor vehicle is allowed in the road right-of-way area except for loading or unloading.

2.      No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking spaces below the required minimum

 

3. No parking space required under this Ordinance may be used for any other purposes; provided however that the open space required by this Ordinance for setback and side yards may be used for such parking spaces or approaches thereto except where otherwise provided in this Ordinance, provided that on corner lots there shall be no parking in a vision clearance triangle.

 

4. All parking spaces shall be graded and drained so as to prevent the accumulation of surface waters.

 

5. Parking lots containing six or more parking spaces within a Residential District or adjoining residential lots shall have a screened solid wall, fence, evergreen planting of equivalent opacity or other equally effective means, built or maintained at a minimum height of four feet on each side abutting a residential lot. If parking lots so located are lighted, the lights shall be so shielded as to prevent undesirable glare or illumination of adjourning residential property.

 

6. Parking space requirements:

 

1. Two family residences shall provide one off-street parking space for each family for which accommodations are provide in the building plus one additional space
2. Establishments offering curb service to customers who remain in their vehicles shall provide off street parking spaces.
3. Retail or local business places, banks, offices, and personal service shops shall provide at least one off-street parking space per 300 square feet of ground floor area, plus at least one additional parking space per each 500 square feet of upper floor area.
4. Building combining business and residential uses shall provide at least one off-street parking space per 300 square feet of area devoted to business use, plus at least one parking space for each family for which accommodations are provided on the premises.
5. Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one parking space per each seven seats at maximum capacity.
6. Restaurants, taverns and similar places for eating and refreshments, except curb service establishments, shall provide at least one parking space for each 50 square feet of floor space devoted to the use of patrons.
7. Garages and service stations shall provide adequate off-street parking space to prevent the parking of vehicles waiting to be serviced or repaired on the public street or highway.
8. Parks, playgrounds, recreation camps, and sports complexes shall furnish adequate off street parking spaces to prevent the parking of vehicles on the public street or highway.
9. Any use not specifically named herein shall be assigned by the Zoning Administrator to the most appropriate of the above classifications.

 

1. UTILITIES

 

1. Any utility poles, cables, lines, pipes or other equipment lying within highway right of way, whether over ground or underground, shall be located at the expense of the utility owning the same. In the event that any such poles, cables, lines, pipes or other equipment lying within highway right of-way requires relocation due to the improvement, repair or widening of such highway, the cost of such relocation shall be borne by the utility owning the same.

 

1. UNSAFE BUILDING AND LAND CONDITIONS

 

1. Whenever the Zoning Administrator shall find that any building or structure or any part thereof is dangerous to life, health or adjoining property by reason of bad conditions, defective construction, overloaded floors, decay, lack of guards against fire, general dilapidation, unsanitary conditions or other cause, he shall order the owner or tenant to be removed for repair as in the judgment of the Zoning Administrator may be necessary to properly preserve life and health of the occupants and upon receiving such order, the owner or tenants of such building or structure shall thereupon immediately cause the same to be made safe, sanitary or removed as ordered. Any person who fails or refuses to comply with such order shall be deemed guilty of violation of this Ordinance.

 

2. Any owner or occupant who receives an order under this Section shall comply within 30 days of said order or shall have filed with the Board of Appeals as herein provided an appeal from the order. If the Board of Appeals, after the hearing, supports all or part of the order, the owner or the occupant named in the order shall comply within 15 days unless waived by the Board of Appeals.  The Town may commence an action under Wis. Stat. § 254.595 against those who fail to comply with an order under this Section.

 

V. ZONING PERMITS

 

1.      No building, structure or any part thereof shall hereafter be built, enlarged, structurally altered, moved or demolished within or into the Town of Grant, unless a Zoning Permit from the Zoning Administrator is issued.  A Zoning Permit shall not be issued until there is compliance with all federal, state, sand local laws nd regulations.  This includes, but is not limited to, the following: Portage County Sanitary Ordinance, Shoreland Zoning Ordinance and Portage County Drainage District requirements. In add, a Building Permit may be required per Wisconsin Uniform Dwelling Code.

 

2.      All applications for a Zoning Permit shall be accompanied by a location sketch drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location of the building on the lot, the existing or intended use of the building, the number of families to be accommodated, the distance between the nearest point on the building and the centerline of the highway, and other such information with regarding to the proposed building and neighborhood lots or building as may be called for on the application or may be necessary to provide for the enforcement of this Ordinance.

3.      ”Building” in this Section shall include any building, structure, enlargement, alteration, moving or demolishing of any building or structure.

4.      Decks, porches, and pools require a permit.

 

5.      No Zoning Permit shall be required for any of the following cases:

 

a.     For any accessory building 100 square feet or less, provided such building conforms to all the setbacks, yard, and open space requirements of this Ordinance, or

b.    For any interior remodeling, improvement or alterations, regardless of cost, provided however, there shall not be a change in use prohibited in the District, or

c.     For any exterior alterations, improvements or remodeling provided there is not an increase in floor area constructed to the existing building or any changes in structural support.

 

6. Sanitary permits shall be obtained prior to construction. Sanitary facilities shall be installed in all private residences and public buildings before occupancy meeting the requirements of Wis. Stat. § 145.19, the Wis. Admin. Code Ch. SPS 383, and the Portage County Sanitary Ordinance.

 

7. Construction must commence within 6 months from the date of issuance of the Zoning Permit or the permit shall be void. The project shall be substantially completed within 24 months from the commencement of construction.

 

8. With every permit issued, the Zoning Administrator shall issue to the applicant, a permit, properly filled out, and it shall be the duty of the applicant to place the permit in a conspicuous place on the premises where the building is to be erected, the permit to be unobstructed from public view and not more than six feet above the grade. The Zoning Administrator shall establish, supply, and install an address plaque and post with every permit issued where applicable.

 

9. If the Zoning Administrator shall find at any time that any applicable law, rule, order, plan or specification is not being complied with, the Administrator may revoke the Zoning Permit and a written notice of such action shall be posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work on said building until the permit has been reissued, excepting such work as the Zoning Administrator may deem necessary as a condition precedent to the reissuance of a permit.

 

10. It shall be the duty of the members of the Town Board to report at once to the Zoning Administrator any building or buildings in which work is being carried on without a Zoning Permit as required by this ordinance.

 

11. A Zoning Permit shall be required for any conforming use which is damaged by fire, explosion, act of God or public enemy to the extent that more than 50% of its current market value or the structural support is damaged as determined by the local Building Inspector.

 

12. Before a Zoning Permit to move any building into, within or through the limits of the Town is granted by the Zoning Administrator, the moving party must provide good and sufficient sureties or adequate insurance. The Town shall be held harmless against all liability, judgment, cost, and expense in consequence of said permit. The moving of the building shall be continuous during all hours of the day and the night if the Zoning Administrator so orders, until completed, with the least possible obstruction to traffic; and no building shall be allowed to remain overnight upon any street, crossing or intersection or upon any public highway.

 

13. The Town Board shall from time to time set fees for permits under this Section.

 

14. When a Uniform Dwelling Code (UDC) is required, buildings shall be inspected at such time and in such manner as may be necessary to secure compliance with the laws, ordinances, rules and orders applicable thereto. Upon inspection of a completed building, the Building Inspector shall issue a Certificate of Compliance or prescribe any changes necessary for such compliance.  After the issuance of such certificate, no structural part of the building shall be changed.  No building or part thereof shall be occupied as a residence until such Certificate of Compliance has been issued.

 

 

 

 

 

1. CONDITIONAL USE PERMITS

 

CONDITIONAL USE Procedures

 

Introduction:

 

Generally, two categories of land uses are allowed in each Zoning District:

• Permitted uses
• Conditional uses

 

A permitted use is allowed as a matter of right in all locations in a District provided it complies with the Zoning Ordinance.  Authorization by the Zoning Administrator is non-discretionary if it complies with all aspects of the this Ordinance.  A permitted use is simply authorized by issuance of a Zoning Permit.

 

A conditional use is not suited to all locations in a District but may be authorized if such use is adaptable to the limitations of a particular site and adjacent land uses.  Conditional use must be custom tailored to a specific location through the procedures of a conditional use process, if such use is to be permitted at all.  Conditional uses require review and approval from a variety of town officials and an open process exists to gather public input on the proposed land use.  The decision to grant or deny a conditional use permit is discretionary and is based upon the applicant’s responses on an application, participation in the process and certain review standards.

 

The Town requires an applicant for a conditional use permit to demonstrate, with substantial evidence, that an application and all requirements and conditions relating to the conditional use are, or will be satisfied.  The Town’s decision to approve or deny their permit application will be supported by substantial evidence

 

Procedures:

 

 

1. Initiation of Conditional Use Permit Any person, firm, corporation, or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest, and that is specifically enforceable on the land for which a conditional use is sought, may file an application with the Zoning Administrator to use such land for one or more of the conditional uses in the District in which such land is located.

 

2. Zoning Administrator Review The Zoning Administrator shall initially determine whether the application is complete and fulfill the requirements of this Ordinance. The Zoning Administrator shall inform the applicant if the application is incomplete in his or her determination. Once the Zoning Administer determines the application is complete, the original application shall be forwarded to the Plan Commission. For the request to be discussed at a Plan Commission meeting, the application must be received at least seven days prior to the next scheduled meeting.

 

3. Plan Commission Review and Recommendations Within 45 days after acceptance by the Zoning Administrator, or an extension of said period requested in writing by the applicant and granted by the Commission, the Commission shall make a recommendation on the conditional use permit request to the Town Board. The Commission may recommend approving the conditional use as originally proposed, approving the proposed conditional use with conditions or modifications, or denial of the proposed conditional use. The Commission may go outside the 45 days upon good cause as determined by the Commission. The Plan Commission shall provide its reasoning as requested by the Board for its recommendation. The Plan Commission may request further information and/or additional reports from the Zoning Administrator, the applicant, outside experts and/or any other source.

 

4. Public Hearing The Town Clerk in cooperation with the Plan Commission Secretary shall schedule a public hearing before the Town Board to be held within 90 days after acceptance of a complete application as determined by the Zoning Administrator. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 Notice in conformance with the requirements of Wis. Stat. Ch. 985. The Town Clerk shall also send said notice to the applicant, owners of record of all lands within 300 feet of the boundaries of the subject property, and the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the subject property at least ten days prior to the date of such public hearing. Failure to mail said notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this Section.
5. Conducting the Public Hearing

 

1. The Applicant and/or the applicant’s representatives are required to attend the Public Hearing. Such person(s) shall be given opportunity to speak on the proposal.
   1. Failure to attend shall result in denial of the Conditional Use Permit unless extenuating circumstances exist, although the public hearing will still be conducted.
2. The public hearing may also be attended by the following, who shall be given opportunity to speak on the proposal:
   1. Property Owner
   2. Plan Commission representative(s)

• Adjacent landowners

1. General public.

 

6. Town Board Review and Action Within ninety (90) days after the public hearing and once the Town Board is satisfied that they have heard all relevant facts, it shall rule that the Conditional Use Permit be approved, denied or approved with conditions. The Town Board may refer the application back to the Plan Commission for further study before making its final decision.

 

7. Effect of Denial No conditional use permit application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

 

8. Notice of Decision The Town Clerk shall provide a notice of approval or denial of the Conditional Use Permit to the applicant upon completion of this process.

 

9. Validity Upon Signatures Any Conditional Use Permit is not valid until signed by the Applicant, Town Clerk and Town Chairperson.

 

10. Appeals The Town Board’s determination shall be final and subject to appeal to the circuit court under any procedure authorized by statute.

 

Miscellaneous Provisions

 

1. Zoning Permit requirements under the Zoning Permit section of this Ordinance are applicable to Conditional Use Permits.

 

2. Continuance of Use – Subsequent owners of property are entitled to continue a conditional use subject to the limitations imposed in the original Conditional Use Permit through addendum. Subsequent owners are required to meet with the Plan Commission to transfer the Conditional Use Permit into the new owner’s name.  There is no fee to transfer the permit unless a public hearing is required.

 

3. Revocation of Use - Conditional Use Permits may be revoked if owner/applicant does not comply with the conditions of use. The owner/applicant will be notified in writing of non-compliance before the conditional use is revoked.  Applicant/owner will have ninety (90) calendar days to comply before automatic revocation, unless extenuating circumstances exist.
4. Expiration of Use - If the business activity for which the Conditional Use Permit was issued ceases operation for more than 12 months, the permit expires. It may be possible to reinstate the permit by written request to the Town Board.

 

5. Revisions/Extensions/Reinstatements to a Conditional Use Permit - Revisions or extensions or reinstatements of a Conditional Use Permit require the owner to meet with the Plan Commission to review the revisions desired or extensions required. Revisions, extensions, and reinstatements furthermore require Town Board approval. There are no additional fees required unless a public hearing is required.

CONDITIONAL USE APPROVAL CRITERIA

 

 

The Town may approve or approve with conditions an application for a Conditional Use Permit only if the following criteria are satisfied:

 

1. The conditional use will not substantially harm the public health, safety and general welfare and will not be contrary to federal/state/local regulations.

 

1. The conditional use is appropriate in design, character and appearance with the existing or intended land use and is consistent with the Town of Grant Comprehensive Plan.

 

1. The conditional use will not be detrimental to uses or property in the vicinity of the subject parcel.

 

1. The conditional use complies with all other applicable provisions of this Ordinance.

 

1. The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of use.

 

1. The location, size and height of buildings, structures, walls, storage yards, fences, screening, outdoor lighting and signage for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties.

 

1.  The conditional use will be served by adequate infrastructure including utilities, emergency services, roads and water.

 

1. The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors or other conditions that would unreasonably impact existing uses in the vicinity of the subject parcel.

 

1. The vehicular, air and rail traffic associated with conditional use will not be hazardous to existing or anticipated traffic in the vicinity of the subject parcel.

 

1. The conditional use will have adequate wastewater disposal and storm water control.

 

1. The conditional use complies with any local, state or federal laws and regulations for the storage, handling and disposal of hazardous or non-hazardous materials and waste.

 

1. The conditional use has merit and value for the community as a whole.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VII ZONING ADMINISTRATOR

 

 

There is hereby created the office of Zoning Administrator to uphold the terms of the Zoning Ordinance.  Such administrator shall be appointed by the Town Board for the term of one year, at a salary to be fixed by said Board, and shall hold office one year unless sooner removed by said Board, and until his or her successor shall have been duly appointed and qualified.  The Zoning Administrator as an employee of the Town shall be covered by the Town’s bond of its officials.

 

The Zoning Administrator shall  conform to the requirements listed in other sections of this document to attend Plan Commission or Town Board meetings which is at the sole discretion of the Commission or Board Chairs when his or her attendance is warranted.

 

The Zoning Administrator shall have the necessary ability to assess and proclaim fitness pursuant to Town ordinances.   He or she shall maintain his/her office in the Town of Grant and furthermore shall not be interested either directly or indirectly in the construction of buildings or permanent building equipment in the Town of Grant or in the preparation of plans and specification thereof.  The duties of the Zoning Administrator include the following and are further described below.

 

• Enforce Zoning Related Ordinances
• Issue Permits
• Develop Records
• Facilitate Conditional Use Permits
• Coordinate with Assessor
• Advise Residents Regarding Ordinance Terms
• Review Certified Survey Maps for Compliance
• Monitor existing land use and its conformance to ordinances
• Review compliance with conditions on active Conditional Use Permits

 

The Zoning Administrator shall, except as otherwise provided in this Ordinance, have the general management and control of all matters pertaining to his/her office and shall enforce all applicable Town ordinances, and lawful orders of the Town Board relating to the construction, alteration, repair, removal, and safety of buildings and other structures of permanent building equipment.

 

The Zoning Administrator shall be the Town’s designee for outreach to residents, assisting them with completing the application, and issuing required permits.  These shall include all Zoning Permits as described in Section V as well those required by ordinance (e.g. buildings and driveways.)

 

The Zoning Administrator shall be the Town’s designee to facilitate Conditional Use Application forms.  Responsibilities shall include the necessary collaboration with the permit applicant, the Plan Commission, the Town Board, and the Town Clerk according to Section VI and directing the application so that approvals may be granted according to this ordinance.

 

The Zoning Administrator shall be the Town’s designee to coordinate with the Building Inspector and Town Assessor as they carry out their respective work.  Responsibilities shall include outreach to residents, scheduling of meetings between stakeholders, and collaboration on ordinance requirements.

 

The Zoning Administrator shall keep a record of all applications for Zoning Permits in a book used for such purpose and regularly number each permit in the order of its issuance.  He/she shall keep a record showing the number, description, and size of all buildings erected during his/her term of office.  Copies of said records closing December 31 of each calendar year shall be provided annually at the January Board meeting to the Town Clerk and the Town Assessor.

 

The Zoning Administrator shall provide a status report of the active Conditional Use Permits by March 31^st of each calendar year.

 

The Zoning Administrator shall provide Plan Commission and Board approved forms for the applications and permits required and keep in his office a proper daily record of all inspections made, and all removal and condemnation of buildings, and a record of all fees earned; and he/she shall make an annual report covering the period closing December 31 of each calendar year, to be filed on or before the April Town Meeting of the Electors, showing the total amount of fees earned and general summary of the work of his office during said period.

 

The Zoning Administrator shall retain continuing jurisdiction over all permitted uses for the purpose of resolving complaints or inspection of premises for which a permit was issued and may order the removal or discontinuance of any unauthorized alterations or violations of this ordinance.

 

The power to inspect at all reasonable times shall also extend to the Board of Appeals and the Town Board when so required to fulfill the intent of the ordinance.  Possible violations, including condemnations, are to be referred to the Town Board for their action.

 

VIII.    BOARD OF APPEALS

 

 

A Board of Appeals is hereby established as per the Wisconsin Statutes.  The Board will have three members, appointed by the Town Board to carry out duties in accordance with Wis. Stat. §  59.694.  Members shall be entitled to per diems and mileage.

 

 

1. Purpose

The purpose of the Town of Grant Board of Appeals is to promote the health, safety, and general welfare of the citizens of the Town of Grant by providing limited flexibility in the application of Zoning Ordinance and by providing an avenue of appeal to administrative decisions regarding those ordinances.  The Board of Appeals acts as a judicial body and may decide if an area variance or administrative petition has merit, based on state laws and local zoning ordinances.

 

2. Rules of Conduct

 

1. All meetings of the Board of Appeals shall be held only after giving public notice in the same manner as required by the Town Board.
2. Board of Appeals members shall avoid ex parte communication.
3. Board of Appeals members must be unbiased: If biased or would appear biased, they shall recuse from decision.

 

3. General Powers

The powers and duties of the Board of Appeals are identified in Wis. Stat. §  59.694(7) of the Wisconsin Statutes and in this Ordinance.  If there is a conflict between this ordinance and state law, State law shall control.

 

1. To hear and decide appeals on decisions or determinations made by the Zoning Administrator in the enforcement of the Town of Grant Zoning Ordinance.
2. To authorize area variances from the terms of this Ordinance.

 

4. Variances
   1. Shall not be granted unless an applicant proves the following three criteria to the Board of Appeals:
      1. Complying with ordinance standards will result in unnecessary hardship.  The applicant must prove that compliance with all applicable regulations governing area, setbacks, frontage, height, bulk or density would unreasonably prevent a permitted use of the property or would render conformity with such restrictions unnecessarily burdensome. The property owner bears the burden of showing unnecessary hardship.
      2. The hardship is due to unique conditions of the property.   The applicant must prove a hardship that is the result of physical features of the property, and which prevents compliance with the zoning ordinance.  Physical limitations of the property, not the circumstance of the applicant, are the basis for the criterion.  The entire property must be considered if a code-compliant location exists, a hardship due to unique property limitations does not exist.

• The variance will not harm the public interest. .An applicant must provide that the variance will not adversely affect public interest as expressed in the Town of Grant ordinances.

1. Shall not be granted on the basis of economic gain or loss.
2. Shall not be granted for a self-created hardship.

 

 

4. PONDS, EXCAVATIONS, NON-METALLIC MINING AND EXTRACTIONS

HEREIN AFTER REFERRED TO AS: QUARRYING.

 

 

1. PURPOSE. It is the purpose of this subsection to establish conditional regulations and performance standards for the activity defined as quarrying in such a manner as to assure maximum protection to surrounding properties and the physical environment through siting of activities and structures, buffering, setbacks, visual screening, height limitations, access routing, noise, vibration, air quality and water quality controls.  This subsection applies to new quarrying activity or the expansion or enlargement of an existing pond or quarry.

 

Further, the purpose of the QUARRYING subsection is to require that any individual, partnership or corporation engaged in any quarrying activity develop and submit a site plan to the Zoning Administrator for approval.

 

It is further the purpose of this subsection not to prohibit quarrying, but to control quarrying by the permit process.  All quarrying activity shall comply with and conform to federal and state law and county ordinance.

 

1. Development Site Standards

See Appendix B

.

2. Special Regulations

 

1. If, in the opinion of the Zoning Administrator, a quarry results in a condition dangerous or hazardous to the general public moving about in the vicinity of such quarry, the Zoning Administrator may order the owner or tenant of the property on which the quarry lies to construct a fence. If required, the Zoning Administrator shall approve the type of fencing.

 

1. Degree of Slope. Slopes created by quarrying must have a minimum three (3) to one (1) ratio from top of excavation to waterline, horizontal to vertical to minimize cave-in and slump, wind and water erosion and lateral shifting of the undisturbed ground surface near the quarried area.

 

1. Adequate planting and/or fencing may be required along public roads and residential dwellings adjacent, to screen the quarry from public view as reasonably as possible and as approved by the Zoning Administrator.

 

1. Any excavation or soil deposit from excavation shall conform to setback dimensions in the appropriate zoning District in which it lies.

 

1. Hours of Operation. In cases where noise, vibration, vehicle traffic, lights, or other intrusions may disrupt surrounding property owners, the Zoning Administrator may require reasonable hours of operation.

 

 

3. Performance Standards

 

1. Any operation shall comply with all applicable federal, state and local air pollution control laws and regulations.

 

1. Protect Water Table. No quarrying activity shall be conducted in such manner as to lower or contaminate the water table of surrounding inhabited properties.

 

1. The operator of the excavation shall maintain all haulage roads used in connection with this operation, whether under their control and ownership, a private road, or that of a municipality, as much as possible in a dust free condition.  (Maintain is defined as: condition or the road after the work is complete shall be the same as the condition before the work was started.

 

1. Hauling restrictions. Hauling of quarrying material is prohibited consistent with Portage County seasonal weight restrictions.

 

4. Performance Guideline

 

1. Topsoil Replacement. Graded or backfilled area or banks in the cases of excavations made to water-producing depth shall be covered equal to a depth of topsoil or percentage of organic matter that originally existed on property prior to the commencement of operation, with the exception that the nine (9) foot area extending outward from water’s edge for the entire circumference of water area, the cover shall be sand or any other material as set forth in the approved site plan.  No greater depth of topsoil or percentage of organic matter in the soil shall be required than originally existing on property prior to the commencement of operation.

 

1. Vegetation Replacement. Upon replacement of the topsoil, trees, shrubs, legumes, grasses or groundcover shall be planted upon such area in order to avoid erosion.

 

1. PERMIT APPLICATION. Quarry/Pond Application shall include:

 

1. Adequate description of the operation;

 

2. List of equipment, machinery and structures to be used;

 

3. Topographic map of the sites, with a minimal vertical contour interval of five (5) feet; trees, access roads, depth of excavations, commencement and completion dates of excavation and restoration;

 

4. Restoration plan containing proposed contours, depth and type of restored topsoil; seeding and other planting or reforestation; final slopes of pond; and expected cost of completion of restoration plan.

 

5. Explanation of final destination of removed material. If the material is to be removed from the property site an explanation as to quantity of material to be removed; type of truck to be used to transport; routes of travel and purpose for removal.

 

6. Information about soil conditions and level of water tables.

 

7. Length of time needed to complete the project for which the permit is issued.

 

8. Dust abatement plan.

 

9. All ponds & excavating greater than one acre subject to Portage County Non-Metallic Mining Reclamation Ordinance in lieu of the Town of Grant.

 

 

1. STANDARD OF REVIEW IN APPROVING CONDITIONAL USE PERMIT. The Plan Commission, in its recommendation and the Town Board in granting or denying Conditional Use Permits under this Section, shall consider the following factors:

 

1. The effects of the proposed quarrying on streets both existing and proposed on the adopted official map.

 

2. The effects on neighboring development;

 

3. The effects on proposed land use;

 

4. The effects on the adopted Comprehensive Plan;

 

5. The effect on water supply, air quality, soil erosion, natural beauty, character and land value of the locality;

 

6. The effect on wetlands, drainage and potential for ground and surface water pollution;

 

7. The practicality of the proposed restoration plan for the site;

 

8. The effect on town roads of hauling removed material from the subject parcel land;

 

9. Any other factors which the Plan Commission or the Town Board in each application determines are relevant.

 

1. ISSUANCE. In the issuance of a Conditional Use Permit, the Town Board may impose conditions that address the following areas of concern:

 

1. Size of quarry;
2. Fencing;
3. Screening;
4. Hours of operation;
5. Dust;
6. Water table;
7. Top soil replacement;
8. Vegetation replacement;
9. Slope and height stockpiles
10. Routes of travel;
11. Quantity of material being removed;
12. Bond if necessary;
13. Expiration period of permit;
14. Any other conditions which the Planning Commission or the Town Board determines are relevant and necessary for the issuance of the Conditional Use Permit.
15. Hold the Town harmless from any environmental contamination.

 

1. PERMIT FEES The Town Board shall from time to time set fees for permits under this Section.

 

The Town of Grant specifically acknowledges rights of the cranberry growers, and that this ordinance is not intended to interfere with rights otherwise afforded under state law, including Wis. Stats. §94.26, but neither is it intended to diminish the Town’s ability to regulate matters of health, safety and welfare where the Town is not legally preempted from such regulations. In addition, cranberry growers shall abide by Best Management Practice’s developed for these activities in conjunction with Wisconsin State Cranberry Growers Association.

 

 

 

 

X. Changes and Amendments

 

The Town Board may from time to time, on its own motion or petition, amend, supplement or change the district boundaries or the regulations herein or subsequently establish upon giving notice as required in the Wisconsin Statutes, of the proposed amendment, supplement or change and of hearing thereon, and opportunity to any person interested to be heard.

 

A landowner may also request zoning ordinance amendments including changes to the permitted and conditional uses. A written request should be sent to the Town.

 

In regard to protest, public hearings and adoption of this Ordinance refer to the General Zoning in the Wisconsin Statutes.

 

 

XI. Violation and Penalties

 

The provisions of this ordinance shall be enforced under the direction of the Town Board, through the Zoning Administrator and county law enforcement officers.  Any person, firm or corporation who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall pay a forfeiture of not less than $50.00 nor more than $500.00 per day with no cumulative maximum, together with the costs of prosecution or in default thereof by imprisonment in the county jail of Portage County for a term of not more than 30 days.  Above said fees or forfeiture listed above if applicable may be assessed to the real estate property tax.

 

Any building or structure hereafter erected, moved or structurally altered or any use hereafter establishing violation of the provisions of this ordinance shall be deemed an unlawful building structure or use.  The Zoning Administrator shall promptly report all such violations to the Town Board which may then bring an action to enjoin the erection, moving or structural alteration of such building, or the establishment of such use or to cause such building, structure or use to be vacated or removed.

 

Each day that a violation exists shall constitute a separate offense.  Every violation of this ordinance is a public nuisance and may be enjoined and the maintenance thereof may be abated by action at suit of the Town Board or any citizen of the Town of Grant.  In addition to any other penalty, the owner shall be ordered to cease or correct a violation in a reasonable period of time as established by the Town Board.

 

Other equitable remedies, such as injunction to stop violation may be exercise by using authorization of Wisconsin State Statutes 62.23(7)(f) or 62.23 (8)

 

 

XII. DEFINITIONS

 

The following words, terms, and phrases, wherever they occur in this Ordinance, shall have the meanings ascribed to them by this Section:

 

Accessory Building - A separate building or portion of the principal building, the use of which is incidental to the permitted use of the principal building.

 

Automobile Graveyard – See Salvage Yard

 

Bed and Breakfast - Any place of lodging that provides four or fewer rooms for rent, is the owner’s personal residence and is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.  Guests shall not exceed seven consecutive days of occupancy.

 

Boat Liveries - Establishments offering the rental of boats and repairs and fishing equipment.

 

Building – A structure having a roof and intended for the shelter, housing, or enclosure of persons, animals or chattels, except as provided in the Zoning Permits section.

 

Building, Principal – A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

 

Building Site - The space or area of ground upon which a building is to be erected.

 

Campground - A parcel of land designed, maintained, intended, or used for the purpose of providing a location for camping units and designed for overnight accommodation for more than 20 days in a year. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility).

 

Camping Unit – Any structure, equipment, or vehicle intended or used for temporary sleeping accommodations for recreation or travel, not more than 400 square feet in area, including recreational vehicles (RV’s), pick-up trucks with sleeper attachments, motor homes, camping trailers, tents, park models, yurts, camping cabins, and similar equipment.

 

Club - An association of persons for some common purpose but not including groups organized primarily to render a service, which is customarily carried on as a business.

 

Cemetery - Land that is used or intended to be used, exclusively for the burial of human remains.

 

Commercial Motor Vehicle -any self-propelled or towed vehicle used for commercial purposes that: (1) has a gross vehicle weight rating of over 25,000 pounds; (2) is designed to transport more than 15 passengers, including the driver; or (3) is used to transport hazardous materials in a quantity that requires placards under federal hazardous materials regulations.

 

Conditional Use - A land use allowed under a conditional use permit that does not include a variance.

 

Crops – Plants grown for food (except for cranberries), fiber, fuel, or ornamental purposes.

 

Deck – A structure that has no constructed roof or walls and is considered part of a building or structure.

 

District - A section or sections of Town of Grant for which the regulations governing the use of the land and buildings are uniform.

 

Event Barn – An agriculture building used for purposes such as hosting weddings or other public events.

 

Farm - An area of land devoted to the production of field or truck crops, livestock or livestock products, and poultry which constitute the major use of such property.  This includes fur farms in which the animals are housed and fed under artificial conditions.

 

Floor Area - The area within the outer lines of the exterior walls of a building, at the top of the foundation or basement wall. The floor area of a dwelling shall not include space usable for living quarters, such as attics, utility or unfinished basements rooms, garages, breeze ways and unenclosed porches or terraces.

 

Fur Farm - Any property comprising land or buildings or both, used for the purpose of raising or harboring fur bearing animals including those defined in appropriate Wisconsin Statutes, and also including chinchillas and other fur bearing animals, if any, whether the animals are kept for breeding, slaughtering or pelting purposes.

 

Garage - An accessory building or accessory portion of the principal building, used or designed or intended to be used for the storage of private motor vehicles.

 

General Farming - The practice of growing crops and raising livestock on a farm. It involves the use of agricultural techniques, including irrigation practices, to maximize crop yield and quality.

 

Highway - See Road

 

Home Business – Any business, occupation, or activity conducted for gain within a residential building, or an accessory building, which is incidental or secondary to the use of such building for dwelling purposes and which does not change the essential residential character of the building. Two or more of the following go beyond an incidental home business and shall furthermore require a conditional use permit.

• Business activities that are inconsistent with the intent and character of the zoning district
• Selling retail goods or services to the public that generates vehicular traffic
• Commercial deliveries by vehicles larger than a box truck (e.g., UPS/FedEx)
• Parking of commercial or industrial vehicles and equipment in residential districts
• Employees not related that are working on the premises
• Advertising sign

 

Hotel – A place where sleeping accommodations are offered for pay to transients, in five or more rooms, and all related rooms, buildings and areas.

 

Junkyard - An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard.

 

Kennel - Any premises wherein any person engages in breeding of more than one (1) litter per year, letting for hire, sporting, or buying or selling more than three (3) adult dogs per year.

 

Large Livestock – Large animals identified by the Department of Agriculture, Trade, and Consumer Protection as requiring premises registration including, but not limited to, horses and other equine animals, cattle and other bovine animals, swine, sheep, goats,  bison, llamas, and alpacas.

 

Lot - A parcel of land that: (a) is undivided by any street or private road; and (b) has frontage on a public road or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other provisions of this Ordinance and any subdivision regulation.

 

Lot Area – The area contained within the exterior boundaries of a recorded lot, excluding public roads and land under bodies of water.

 

Lot, Corner - A lot located in the intersection of two streets, any two corners of which have an angle of 120 degrees or less, or is bounded by a curved street, any two chords of which, on the inside of a curve, from an angle of 120 degrees or less.

 

Lot, Interior - A lot which is not a corner lot.

 

Lot Line -A property line bounding a lot.

 

Lot Line, Front – A lot line that abuts a public or private street right-of-way. For corner lots, the lot line along the street from which the principal building on the lot is addressed shall be the lot line.

 

Lot Line, Rear – In the case of a rectangular or most trapezoidal shaped lots, the lot line that is opposite and most distant from the front lot line of the lot is the rear lot line. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there shall be no rear lot line.

 

Lot Line, Side – Any boundary of a lot that is not a front lot line or a rear lot line.

 

Lot Width - The maximum horizontal distance between the side lot lines of a lot, measured at a location of the lot this is parallel to the front lot line and at the minimum required front yard.

 

Manufactured Home - A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425.  For purposes of zoning code enforcement, manufactured homes shall be allowed as permitted and conditional uses where “single family residences” and “two family residences” are shown as permitted and conditional uses.  All such structures manufactured prior to July 15, 1976 shall be defined as mobile homes.

 

Mobile Home - A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet.  “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty.

 

Mobile Home Park - Any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.

 

Motel - A hotel that furnishes on-premises parking for motor vehicles of guests as part of the room charge, without extra cost, and is identified as a motel rather than hotel at the request of the operator.

 

Motor Vehicle Repair Shop (including automobile, truck, agricultural implement and equipment, motorcycle, snowmobile, all-terrain vehicle (ATV)/utility task vehicle (UTV), small engine) - A place of business used for the repair of motor vehicles; also, where battery, tire and similar service are rendered.

 

Non-metallic mine – Operations or activities at a non-metallic mining site for the extraction of mineral aggregates or non-metallic minerals for sale or use by the operator.

 

Nonconforming Structure – An existing  structure or building that was lawfully established prior to the 1966 Zoning Ordinance or subsequent amendments thereto, but would not conform to regulations within this Ordinance.

 

Nonconforming Use - An active and actual use of land, building(s), or structure(s) that was lawfully established prior to the 1966 Zoning Ordinance, or subsequent amendments thereto, that has continued as the same use to the present, and does not comply with all the applicable use regulations of this Ordinance.

 

Off Street – The area outside of road right-of-way.

 

Ordinary High Water Mark - The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

 

Park, Public - An area owned by the State, County or municipality within the Town, operated for the convenience and recreation of the public, and containing such facilities as the owning municipality shall see fit.

 

Parking Lot - An area where vehicles are parked or stored temporarily, excluding at residences, but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking.

 

Pit – An open hole or excavation made by digging.

 

Plant Nursery – an establishment where plants are propagated, grown and nurtured until they are ready for sale or transplanting (trees, shrubs, flowers and vegetables).

 

Pond-  Small still, land-based body of water formed by pooling inside a depression, either naturally or artificially.

 

Pool - A structure designed to hold water for swimming or wading .  Permanent inground pools either outside or inside buildings require permits, whereas above-the-ground structures do not.

 

Porch - A covered platform attached to the outside of the entrance to a building.

 

Premises - A house or building(s), and its lands.

 

Private Burial Plot –Privately held land used for the burial of human remains of designated individuals.

 

Professional Office -  A place where a licensed or otherwise recognized professional conducts business.

 

Quarrying – The removal of rock, slate, gravel, sand, topsoil or other natural material from the land by excavating, stripping, leveling or any other such process which results in creation of a pond, pit, strip and/or non-metallic mine. Drainage ditching shall not be considered quarrying.

 

Riding Arenas - A premises used for personal riding or professional training of horses or other animals.

Road - A public thoroughfare, which affords a primary means of access to abutting property.

 

Right of Way - A strip of land occupied or intended to be occupied by a road, (including the travel surface shoulder and set back distance), railroad utility line or for other special purposes, and normally requiring public dedication where public maintenance is involved.

 

Road – A public or private thoroughfare, which affords a primary means of access to abutting property.

 

Roadside Stand - A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products on the premises (or adjourning premises. There shall not be more than one such roadside stand on any single premises.

 

Salvage Yard - An establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. Ten or more such vehicles constitute an automobile graveyard.

 

Service Station - Any building, structure, premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oil, having pumps and storage tanks; also, where battery, tire and similar services are rendered.

 

Setback - The areas measured from the referenced lot line to any structure, within which building is prohibited.

 

Shoreland Zoning – All shorelands of navigable waters designated by the State which are less than 1,000 feet from the ordinary high water mark of lakes, ponds or flowages or less than 300 feet from the ordinary high water mark or to the landward side of a floodplain or navigable reaches of rivers or streams, whichever is greater.

 

Short-Term Rentals - All lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments.

 

Sign - Anything erected, hung, suspended, painted or attached to any structure, carrying words, letters or figures. Phrases, sentences, names, designs, trade names or trade makers of any other device placed so as to be visible from a street or highway and calling attention to a business, trade, profession, commodity, product, person, firm or corporation.

 

Single Family Residence – A detached building designed for, and occupied exclusively by, one family.

 

Solar, Roof Mounted Installations – A photovoltaic system that has its electricity-generating solar panels mounted on the rooftop of a residential or commercial building or structure.

 

Solar, Ground Mounted (Free Standing) Array – A photovoltaic system that is mounted on the ground using specially designed frames.

 

Solar installations - An array of photovoltaic cells mounted in a framework that supply solar electricity to electrical equipment, the main components of a solar power system are photovoltaic (PV) panels, a DC to AC power converter (called an inverter) and a rack system that holds the PV panels in place.

 

Stable – Building or structures for the breeding, rearing or boarding horses.

 

Storage Building – Any structure primarily used for storing goods or personal property.

 

Storage condominium - Privately owned, customizable storage unit within a larger complex.

 

Structure - Any man-made object with form, shape and utility, either permanently or temporarily.

 

Structural Alterations - Any changes in the supporting members of a structure such as bearing walls, column, beams or girders, footing and piles.

 

Substantial Evidence - Facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

 

Two Family Residence - A building or portion thereof used or intended to be used by one or two families living independently of each other.

 

Unnecessary Hardship -  The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of Ordinance.

 

Variance, Area - A modification to a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure.

 

Variance, Use - The use of land for a purpose that is otherwise not allowed or is prohibited by this ordinance.  Use variances are not allowed under this ordinance.  The use would require a rezone.

 

Vision Clearance Triangle - An unoccupied triangular space at the triangular space at the intersection of highways or streets with other highways, streets or roads, or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, road or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurements from their intersection as specified in this Ordinance.

 

Wetlands - Those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions as determined by U. S. Army Corps of Engineers or Wisconsin Dept. of Natural Resources.

 

Wind Turbine - A device that converts the kinetic energy of wind into electrical energy.

 

Yard - A required open space on a lot that is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

 

Yard, Front - A yard extending across the full width of the lot and measured between the front lot line and the front line of the principal building.

 

Yard, Rear - A yard extending from the rear line of the principal building to the rear lot line for the entire width of the lot.

 

Yard, Side - A yard on each side of the principal building extending from the side wall of the building to the side lot line, and from the front yard to the rear yard.   When an accessory building is constructed as part of the principal building or constructed on one side of the principal building, the side yard requirements shall be the same for the accessory building as required for the principal building.

 

 

 

Appendix A

 

TOWN OF GRANT – ZONING SETBACKS, AREA AND HEIGHT REQUIREMENTS (1) (6) (9)

 

 

Zoning District	Maximum Height Residential	Maximum Height Accessory	Minimum Floor Area	Minimum Lot Area	Minimum Lot Width	Minimum Side Yard	Minimum Rear Yard
(R-1) Low Density Residential	35 ft.	25 ft.(8)	720 sq. ft.	2 Acres	160 ft (3)	15 ft.	25 ft. (4)
(R-2) High Density Residential	35 ft.	18 ft.(2)	720 sq ft.(5)	20,000 sq ft. (7)	100 ft. (3)	15 ft.	25 ft (4)
(A-1) Exclusive Agriculture	35 ft.	35 ft.	720 sq. ft	35 Acres	NA	25 ft.	25 ft.
(A-2) Transition Agriculture	35 ft.	35 ft.	720 sq. ft.	10 Acres	300 ft.	25 ft.	25 ft.
(A-3) General Agriculture	35 ft.	35 ft.	720 sq ft.	5 Acres	160 ft.	25 ft.	25 ft.
(C-1) Commercial	35 ft.	45 ft.	720 sq. ft.	20,000 sq ft.	100 ft.	15 ft.	25 ft.(4)
(I) Industrial	No Residential	Conditional	Conditional	Conditional	Conditional	Conditional	Conditional
(Con) Conservancy	35 ft.	25 ft.(2)	400 sq ft.	2.5 Acres	200 ft. (3)	15 ft.	25 ft. (4)
(1) All lots subject to Portage County Sanitary approval
(2) Total maximum sq. ft. of accessory building(s) shall not exceed 2000 sq. ft.
(3) Minimum lot width at building line.
(4) Accessory building minimum rear setback is 10 feet.  No exception for side yard setback of accessory buildings.
(5) Residence not less than 20 feet wide
(6) Portage County Shoreland Zoning Ordinance requires 75 feet construction setback from navigable waterways.
(7) Minimum lot area of 30,000 square feet for a duplex
(8) Total maximum sq. ft. of accessory building(s) shall not exceed 3500 sq. ft.
(9) Ground mounted solar panels must follow the same setbacks designated in R-1 and R-2.
Township Road Setbacks-66 feet from centerline or 33 feet from right-of-way, whichever is greater.
County Road Setbacks-75 feet from centerline or 42 feet from right-of-way, whichever is greater
State Road Setbacks-110 feet from centerline or 50 feet from right-of-way, whichever is greater

 

 

 

 

 

Appendix B

 

 

TOWN OF GRANT DEVELOPMENT SITE STANDARD FOR QUARRYING
ZONING DISTRICTS		USE	LIMITS	FEES
Low Density Residential		Conditional Use	Conditional	Conditional Use & Permitted Quarry Fee
High Density Residential		Not Allowed	Not Allowed	--------
Conservancy		Permitted	< 1 Acre	Permitted Quarry Fee
Exclusive Agriculture		Permitted	< 1 Acre	Permitted Quarry Fee
Transition Agriculture		Permitted	< 25,000 sq. ft.	Permitted Quarry Fee
Transition Agriculture		Conditional	> 25,000 sq. ft.	Conditional Use & Permitted Quarry Fee
General Agriculture		Permitted	< 25,000 sq. ft.	Permitted Quarry Fee
General Agriculture		Conditional	> 25,000 sq. ft.	Conditional Use & Permitted Quarry Fee
Commercial		Conditional	Conditional	Conditional Use & Permitted Quarry Fee
Industrial		Conditional	Conditional	Conditional Use & Permitted Quarry Fee
All ponds & excavating greater than one acre  are subject to Portage County Non-Metallic Mining Reclamation Ordinance

 

 

 

APPENDIX C - SHORELAND ZONING OVERLAY MAP

 

 

Appendix D

DRAINAGE DISTRICT MAP

 

2016-01 ATV Ordinance - Amended 042126

• ATV Route Map 

TOWN OF GRANT
PORTAGE COUNTY, WISCONSIN
All-Terrain Vehicle/Utility Terrain Vehicle Ordinance
ORDINANCE NO. 2016-01

SECTION I - PURPOSE:

The purpose of this Ordinance is to establish All-Terrain Vehicle/Utility Terrain Vehicle routes in the Town of Grant and to regulate the operation of All-Terrain Vehicle/Utility Terrain Vehicle in the Town.

 

SECTION II AUTHORITY:

The Town Board of the Town of Grant, Portage County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle/Utility Terrain Vehicle Route Ordinance under s. 23.33 (8) (b) and (11), Wis. Statutes.

 

SECTION III ADOPTION OF ORDINANCE:

This Ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides the Town of Grant the authority to designate All-Terrain Vehicle/Utility Terrain Vehicle routes in the Town and provides for the regulation of the use of those routes and of All-Terrain Vehicle/ Utility Terrain Vehicle in the Town.

 

SECTION IV -OPERATION OF ALL-TERRAIN VEHICLE/UTILITY TERRAIN VEHICLES:

Pursuant to s. 23.33 (4) (d) 4., Wis. Stats., except as otherwise provided in s. 23.33 (4), Wis. Stats., no person may operate an All-Terrain Vehicle/Utility Terrain Vehicle on the roadway portion of any highway in the Town except on roadways that are designated as All-Terrain Vehicle/Utility Terrain Vehicle routes by this Ordinance. Operation of All-Terrain Vehicle/Utility Terrain Vehicle on a roadway in the Town that is an All-Terrain Vehicle/Utility Terrain Vehicle route is authorized only for the extreme right of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.

 

SECTION V - DESIGNATION OF ALL-TERRAIN VEHICLE/UTILITY TERRAINVEHICLE ROUTES: All Town of Grant roads are open to All-Terrain Vehicle/Utility Terrain Vehicle travel.

 

SECTION VI -CONDITIONS APPLICABLE TO ALL-TERRAIN VEHICLE/UTILITY TERRAIN VEHICLE ROUTES:

Pursuant to s. 23.33(8) (d), Wis. Stats., the following restrictions are placed on the use of the Town All-Terrain Vehicle/Utility Terrain Vehicle routes designated by this Ordinance:

64. Routes shall be marked with uniform All-Terrain Vehicle/Utility Terrain Vehicle route signs in accordance with s. NR 64.12 and. NR 64.12(7) c, Wisconsin Administrative Code. No person may do any of the following regarding signs marking All-Terrain Vehicle/Utility Terrain Vehicle routes:
    1. Intentionally remove, damage, deface, move or obstruct any uniform All-Terrain Vehicle/Utility Terrain Vehicle route or trail sign or standard, or intentionally interfere with the effective operation of any uniform All-Terrain Vehicle/Utility Terrain Vehicle route or trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual.
    2. Possess any uniform All-Terrain Vehicle/Utility Terrain Vehicle route or trail sign or standard of the type established by the Department for the warning, instruction, or information of the public, unless he or she obtained the uniform All-Terrain Vehicle/Utility Terrain Vehicle route of trail sign or standard in a lawful manner.
       Possession of a uniform All-Terrain Vehicle/Utility Terrain Vehicle (ATV/UTV) route or trail sign or standard creates a rebuttable presumption of illegal possession.
    3. Operation shall be subject to all provisions of s. 23.33, Wis. Stats., which is adopted as a part of this Ordinance by reference, pursuant to s. 23.33(1 1), Wis. Stats.
    4. A copy of this Ordinance shall be forwarded by the Town Clerk to the Portage County Sheriff's Department, the Wisconsin State Patrol, and the Wisconsin Department of Natural Resources.
    5. Additional restrictions are as follows:

• ATV/UTV operators of all ages are encouraged to complete a certification course.
• The maximum speed on ATV/UTV routes is 35 miles per hour.
• All ATV/UTV operators shall slow the vehicle to 10 mph or less when operating within
• 150 feet of any dwelling.
• All ATV/UTV operators shall slow the vehicle to 10 mph or less when operating within 100 feet of any person who is not on a motorized vehicle including a horse rider. Care must be taken not to spook a horse.
• Operation of an ATV/UTV is permitted 24 hours per day.
• All ATV/UTVs shall be operated in single file.
• All ATV/UTV operators under the age of 18 shall wear a helmet.
• All ATV/UTVs shall always have headlights, taillights, and operating brake lights on.
• All ATV/UTVs shall be operated on maintained Town road surfaces only.
• No ATV/UTV's shall be operated on road shoulders or in road ditches. No straddling of the shoulder or ditch is allowed.
• Any load carried on the ATV/UTV must be secured to avoid loss of the load and to avoid increased instability of the vehicle.
• The ATV/UTV routes will be open year-round; however routes may be closed at any time at the discretion of the Town of Grant Board of Supervisors.

 

SECTION VII - ENFORCEMENT

This Ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

 

SECTION VIII - PENALTIES

The penalties under s. 23.33 (13) (a), Wis. Stats. are adopted by reference.

 

SECTION IX - SEVERABILITY

Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected.

 

SECTION X - EFFECTIVE DATE

This Ordinance is effective upon publication or posting. The Town Clerk shall properly publish this Ordinance as required under s. 60.80, Wis. Stats.

 

The Town of Grant voted to adopt this Ordinance on June 29, 2016

The Town of Grant voted to amend this Ordinance on June 7, 2017

The Town of Grant voted to amend this Ordinance on April 11, 2018

The Town of Grant voted to amend this Ordinance on June 27, 2018

The Town of Grant voted to amend this Ordinance on May 28, 2019

The Town of Grant voted to amend this Ordinance on July 10, 2019

The Town of Grant voted to amend this Ordinance on April 21^st, 2026.

 

 

Amended and approved by the Town of Grant board April 21^st, 2026.  Adopted April 23^rd, 2026.

Building Permit 4-19-97

TOWN OF GRANT, PORTAGE COUNTY ORDINANCE #1-97

1.1 Authority
1.2 Purpose
1.3 Building Permit Application Required
1.4 Fees
1.5 Penalties
1.6 Effective Date

1.1 Authority

These regulations are adopted under the authority granted ss.101.651 Wisconsin Statutes.

1.2 Purpose

To Comply with ss.101.65 and 101.651 of the Wisconsin Statutes for the issuance of an administrative building permit application for new one-and two-family dwellings.
To better monitor construction in our municipality.
To assist in gathering statewide construction statistics.

1.3 Building Permit Application Required

No person shall build or cause to be built any one- or two-family dwelling without first submitting an administrative building permit to the Zoning Administrator.

1.4 Building Permit Application Fee

All such applications shall be accompanied with a fee to be determined by resolution and the Town of Grant Zoning Ordinance.

1.5 Penalties

Failure to submit an application shall subject the party responsible to a penalty of twice the original fee.

1.6 Effective Date

This ordinance shall become effective upon passage and publication as provided by law.

Adopted this 9th day of April, 1997.

Cable Television Regulatory Ordinance 07-05-2001

TOWN OF GRANT MASTER CABLE TELEVISION REGULATORY ORDINANCE

Section

101                   Intent

102                   Definitions

103                   Franchise to Install and Operate

104                   Franchise Required

105                   Term of the Franchise

106                   Franchise Territory

107                   Federal, State and Town Jurisdiction

108                   Franchise Non-Transferable

109                   Purchase by Town Upon Expiration or Revocation

110                   Geographical Coverage

111                   Nonexclusive Franchise

112                   Multiple Franchises

113                   Initial Franchise Applications

114                   Consideration of Initial Appearances

115                   Franchise Renewal

116                   Consumer Protection and Service Standards

117                   Rate Regulation

118                   Franchise Fee

119                   Design and Construction Requirements

120                   Technical Standards

121                   Trimming of Trees

122                   Use of Grantee Facilities

123                   Hold Harmless

124                   Insurance

125                   Records Required and Grantor's Right to Inspect

126                   Annual Reports

127                   Franchise Violation

128                   Force Majeure: Grantee's Inability to Perform

129                   Abandonment or Removal of Franchise Property

130                   Extended Operation and Continuity of Services

131                   Receivership and Foreclosure

132                   Rights Reserved to Grantor

133                   Rights of Individuals

134                   Conflicts

135                   Severability

136                   Effective Date

 

SECTION 101. Intent.

• The Town of Grant pursuant to applicable federal and State law, is authorized to grant one or more nonexclusive Franchises to construct, operate, maintain and reconstruct Cable Television Systems within the Town limits.
• The Town Board finds that the development of Cable Television Systems has the potential of having great benefit and impact upon the residents of the Town of Grant. Because of the complex and rapidly changing technology associated with cable television, the Town Board further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the Town or such Persons as the Town shall designate. It is the intent of this Ordinance and subsequent amendments to provide for and specify the means to attain the best possible cable television service to the public and any Franchises issued pursuant to this Ordinance shall be deemed to include this finding as an integral part thereof.

SECTION 102. Definitions.

For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section 7-102. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

• Basic Cable Service means any service tier which includes the retransmission of local television signals.
• Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C. §§521-611 (1982 & Supp. V 1987), as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and as may, from time to time, be amended.
• Cable Television System, System or Cable System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designated to provide Cable Service

 

2

 

which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include:

• A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
• A facility that serves Subscribers without using any public right-of-way;
• A facility of a common carrier that is subject, in whole or in part, to the provisions of 47 U.S.C. §§201-226, except that such facility shall be considered a Cable System to the extent that such facility whether on a common carrier basis or otherwise is used in the transmission of video programming directly to Subscribers; or
• Any facilities of any electric utility used solely for operating its electric utility System.

(d)        Cable Service means:

• The one-way transmission to Subscribers of video programming or other programming service; and
• Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(e)         Channel or Cable Channel means a portion of the electromagnetic frequency spectrum that is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission.

(f)          Board means the Town Board of the Town of Grant.

(g)         Franchise means an initial authorization, or renewal thereof, issued by the Town, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System.

(h)        Franchise Agreement means a Franchise granted pursuant to this Ordinance, containing the specific provisions of the Franchise granted, including references, specifications, requirements and other related matters.

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(i)       Franchise Fee means any tax, fee or assessment of any kind imposed by the Town or other governmental entity on a Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include:

• any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discrm;riatory against cable operators or cable Subscribers);
• capital costs that are required by the Franchise Agreement to be incurred by the cable operator for public, educational, or Governmental Access Facilities;
• requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
• any fee imposed under Title 17 of the United States Code.

(j)         Grantee means any Person receiving a Franchise pursuant to this Ordinance

and its agents, employees, officers, designees, or any lawful successor, transferee or assignee.

(k)        Grantor or Town means the Town of Grant, as represented by the Board or any delegate acting within the scope of its jurisdiction.

(1)       Gross Annual Revenues means all revenues derived directly or indirectly by the Grantee or any Person in which the Grantee has a financial interest from or in connection with the operation of the System pursuant to a Franchise granted hereunder, except it shall not include bad debt, sales tax or other taxes or charges imposed on Grantee in addition to its Franchise obligations and collected for direct passthrough to State or federal government.

• Initial Service Area means the area of the Town that will receive Cable Service initially, as set forth in any Franchise Agreement.
• Installation means the connection of the System to Subscribers' terminals, and the provision of Cable Service.

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(o)        Normal Business Hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours at least one (1) night per week and/or some weekend hours.

Normal Operating Conditions means those service conditions that are within the control of the Grantee. Those conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and sever or unusual weather conditions, and significant legislative or regulatory requirements. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, regular peak or seasonal demand periods, and maintenance or upgrade of the System.

(q)        Person means any natural Person or any association, firm, individual, partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.

(r)         Public, Educational or Government Access Facilities or PEG Access Facilities means:

• Channel capacity designated for public, educational, or governmental use; and
• Facilities and equipment for the use of such Channel capacity.

(s)         Section means any Section, subsection, or provision of this Ordinance.

(t)         Service Area or Franchise Area means the entire geographic area within the Town as it is now constituted or may in the future be constituted, unless otherwise specified in the Franchise Agreement.

(u)        Service Interruption means the loss of picture or sound on one or more Cable Channels affecting at least ten (10%) of the subscribers on the System.

(v)         State means the State of Wisconsin.

(w)      Street means each of the following that have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or

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by others and located within the Town limits: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of Street from time to time.

(x)      Subscriber means any Person who or which lawfully elects to subscribe to, for any purpose, Cable Service provided by the Grantee by means of or in connection with the Cable System and who pays the charges therefore, except such Persons or entities authorized to receive Cable Service without charge as described in the Franchise Agreement.

SECTION 103. Franchise to Install.

1. Franchise granted by the Town under the provisions of this Ordinance shall encompass the following purposes:

• To engage in the business of providing Cable Service, and such other services as may be permitted by the Franchise Agreement.
• To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of a Cable System in, on, over, under, upon, along and across Streets or other public places within the designated Service Area.
• To maintain and operate said Franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals for the delivery of Cable Services and any other services permitted by the Franchise Agreement.
• To set forth the obligations of a Grantee under the Franchise Agreement. SECTION 104. Franchise Required.

It shall be unlawful for any Person to construct, install or operate a Cable Television System in the Town within any Street without a properly granted Franchise awarded pursuant to the provisions of this Ordinance.

 

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SECTION 105. Term of the Franchise.

• A Franchise granted hereunder shall be for a term established in the Franchise Agreement, commencing with the Grantor's adoption of an ordinance or resolution authorizing the Franchise.
• A Franchise granted hereunder may be renewed upon application by the Grantee pursuant to the provisions of applicable State and federal law and of this Ordinance.

SECTION 106. Franchise Territory.

Any Franchise shall be valid within all the territorial limits of the Town, and within any area added to the Town during the term of the Franchise Agreement.

SECTION 107. Federal, State and Town Jurisdiction.

• This Ordinance shall be construed in a manner consistent with all applicable federal and State laws.
• In the event that the State or federal government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, Grantor may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law.
• This Ordinance shall apply to all Franchises granted or renewed after the effective date of this Ordinance. It shall further apply to the extent permitted by applicable federal or State law to all existing Franchises granted prior to the effective date of this Ordinance.
• Grantee's rights are subject to the police powers of the Town to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Grantee shall comply with all applicable general laws and ordinances enacted by the Town pursuant to that power.
• Grantee shall not be relieved of its obligation to comply with any of the provisions of this Ordinance or any Franchise granted pursuant to this Ordinance by reason of any failure of the Town to enforce prompt compliance.

 

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(f)        This Ordinance and any Franchise granted pursuant to this Ordinance shall be construed and enforced in accordance with the substantive laws of the State of Wisconsin.

SECTION 108. Franchise Non-Transferable.

• Grantee shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, the Franchise and/or Cable System or any of the rights or privileges granted by the Franchise, without the prior consent of the Board which consent shall not be unreasonably denied or delayed and shall be denied only upon a good faith finding by the Town that the proposed transferee lacks the legal, technical or financial qualifications to perform its obligations under the Franchise Agreement. Any attempt to sell, transfer, lease, assign or otherwise dispose of the Franchise and/or Cable System without the consent of the Board shall be null and void. This provision shall not apply to sales of property or equipment in the normal course of business. No consent from the Town shall be required for a transfer in trust,

mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation, partnership or other entity controlling, controlled by or under common control with Grantee.

• the following events shall be deemed to be a sale, assignment or other transfer of the Franchise and/or Cable System requiring compliance with this Section:
• the sale, assignment or other transfer of all or a majority of Grantee's assets;
• the sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in Grantee by one or more of its existing shareholders, partners, members or other equity owners so as to create a new controlling interest in Grantee;
• the issuance of additional capital stock or partnership, membership or other equity interest by Grantee so as to create a new controlling interest in Grantee; and
• the entry by the Grantee into an agreement with respect to the management or operation of the Grantee and/or the System.

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The term "Controlling Interest" as used herein means majority equity ownership of the Grantee.

(c)       Except as provided below, no Grantee may sell or otherwise transfer ownership in a Franchise and/or Cable System within a thirty-six (36) month period following either the acquisition or initial construction of said System by Grantee. In the case of a sale of multiple Systems, if the terms of the sale require the buyer to subsequently transfer ownership of one or more such Systems to one or more third parties, such transfer shall be considered a part of the initial transaction. The above-described thirty-six (36) month holding period shall not apply to:

• any transfer of ownership interest in any Franchise and/or Cable System which is not subject to federal income tax liability;
• any sale required by operation of any law or any act of any agency, any State or political subdivision or the Town; or
• any sale, assignment, or transfer, to one or more purchasers, assignees, or transferees controlled by, controlling, or under common control with, the seller, assignor, or transferor.

(d)       In the case of any sale or transfer of ownership of any Franchise and/or Cable System after the thirty-six (36) month period following acquisition of such System, the Town shall have one hundred twenty (120) days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with Federal Communications Commission Regulations, the requirements of this Ordinance and such other reasonable information as the Town, in its sole discretion, may request. If the Town fails to render a final decision on the request within one hundred twenty (120) days from receipt by the Town of all required information, such request shall be deemed granted unless the requesting party and the Town agree to an extension of time.

(e)       Grantee shall notify Grantor in writing of any foreclosure or any other judicial sale of all or a substantial part of the Franchise property of the Grantee or upon the termination of any lease or interest covering all or a substantial part of said Franchise property. Such notification shall be considered by Grantor as notice that a change in control of ownership of the Franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control of ownership shall apply.

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• For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to Grantor, which application shall include the information required under State and federal law as well as under Subsections (a) through
• of Section 113 of this Ordinance. An application, acceptable to the Town, shall be submitted to Grantor not less than ninety (90) days prior to the date of transfer. The transferee shall be required to establish that it possesses the legal, technical and financial qualifications to operate and maintain the System and comply with all Franchise requirements for the remainder of the term of the Franchise. If, after considering the legal, financial, character and technical qualities of the applicant and determining that they are satisfactory, the Grantor finds that such transfer is acceptable, the Grantor shall transfer and assign the rights and obligations of such Franchise. The consent of the Grantor to such transfer shall not be unreasonably denied.
• Any financial institution having a pledge of the Grantee or its assets for the advancement of money for the construction and/or operation of the Franchise shall have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the Cable Television System, in the event of a Grantee default in its financial obligations. Further, said financial institution shall also submit a plan for such operation within thirty (30) days of assuming such control that will insure continued service and compliance with all Franchise requirements during the term the financial institution exercises control over the System. The financial institution shall not exercise control over the System for a period exceeding one (1) year unless extended by the Grantor in its discretion and during said period of time it shall have the right to petition the Grantor to transfer the Franchise to another Grantee.

SECTION 109. Purchase by Town Upon Expiration or Revocation.

(a)       If, subject to the provisions of the Cable Act, a renewal of a Franchise is denied, the Town may purchase to the extent permitted by local law and upon payment to the Grantee of the Cable Systems' fair market value as a going concern, exclusive of any value allocated to the Franchise itself, that portion of Grantee's Cable System serving the Town of Grant.

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(b)        Subject to the Cable Act, if a Franchise is revoked for cause, the Town may, to the extent permitted by local law, acquire that portion of the Cable System

serving the Town of Grant upon payment of an equitable price.

SECTION 110. Geographical Coverage.

• Grantee shall design, construct and maintain the Cable Television System to have the capability to pass every dwelling unit in the Service Area, subject to any line extension requirements of the Franchise Agreement.
• After service has been established by activating trunk and/or distribution cables for any part of the Service Area, Grantee shall provide Cable Service to any requesting Subscriber within that Service Area within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such Subscriber within such thirty (30) day period on reasonable terms and conditions.

SECTION 111. Nonexclusive Franchise.

Any Franchise granted shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable Television System or any component thereof, as it deems appropriate, subject to applicable State and federal law, provided, however, that no Franchise shall be granted on terms materially less burdensome or more favorable than any other Franchise granted hereunder.

SECTION 112. Multiple Franchises.

(a)         Grantor may grant one or more Franchises for a Service Area. Grantor may, in its sole discretion, limit the number of Franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations; such as:

• The capacity of the public rights-of-way to accommodate multiple coaxial cables in addition to the cables, conduits and pipes of the utility Systems, such as electrical power, telephone, gas and sewage.
• The impact on the community of having multiple Franchises.

 

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• The disadvantages that may result from Cable System competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights-of-way.
• The financial capabilities of the applicant and its guaranteed commitment to make necessary investment to erect, maintain and operate the proposed System for the duration of the Franchise term.
• Each Grantee awarded a Franchise to serve the entire Town shall offer service to all residences in the Town, in accordance with construction and service schedules mutually agreed upon between Grantor and Grantee, and consistent with applicable law.
• Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two (2) Cable Systems in accordance with the provisions of Section 119(d).
• Grantor may require that any new Grantee be responsible for its own underground trenching and the costs associated therewith, if, in Grantor's opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables.
• Any additional Franchise granted by the Town to provide Cable Service in a part of the Town in which a Franchise has already been grated and where an existing Grantee is providing service shall require the new Grantee to provide service throughout its Service Area within a reasonable time and in a sequence which does not discriminate against lower income residents.

SECTION 113. Initial Franchise Applications.

Any person desiring an initial Franchise for a Cable Television System shall file an application with the Town. A reasonable nonrefundable application fee established by the Town shall accompany the application or renewal application. Such application fee shall not be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the compensation to be paid to the Town by Grantee pursuant to Section 118 hereof and applicable provisions of a Franchise

agreement, or (ii) part of the compensation to be paid to the Town by Grantee pursuant to Section 118 hereon and applicable provisions of a Franchise Agreement.

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An application for an initial Franchise for a Cable Television System shall contain, where applicable:

• A Statement as to the proposed Franchise and Service Area.
• Resume of prior history of applicant, including legal, technical and financial expertise of applicant in the cable television field.
• List of the partners, general and limited of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation.
• List of officers, directors and managing employees of applicant, together with a description of the background of each such Person.
• The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant.
• A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the Town.
• Proposed construction and service schedule.
• Any additional information that the Town deems applicable. SECTION 114. Consideration of Initial Applications.
• Upon receipt of any application for an initial franchise, the Town Chairman shall prepare a report and make his recommendations respecting such application to the Town Board.
• A public hearing shall be set prior to any initial Franchise grant, at a time and date approved by the Town Board. Within thirty (30) days after the close of the hearing, the Board shall make a decision based upon the evidence received at the hearing as to whether or not the Franchise(s) should be granted, and, if granted subject to what conditions. The Board may grant one (1) or more initial Franchises, or may decline to grant any Franchise.

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SECTION 115. Franchise Renewal.

Franchise renewals shall be in accordance with applicable law including, but not necessarily limited to, the Cable Communications Policy Act of 1984 as amended. Grantor and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise.

SECTION 116. Consumer Protection and Service Standards.

(a)       Except as otherwise provided in the Franchise Agreement, Grantee shall maintain an office or offices within the City of Wisconsin Rapids and/or within the Town of Grant to provide the necessary facilities, equipment and personnel to comply with the following consumer protection standards under Normal Operating Conditions:

(1)        Cable System office hours and telephone availability:

(i)         Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week.

• Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours.
• After Normal Business Hours, the access line may be answered by a service or an automated response System, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day.

(ii)        Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis.

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• The Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
• Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3 %) of the time.
• Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located.

(2)       Installations, outages and service calls. Under Normal Operating Conditions, each of the following four standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis:

• Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard" Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution System.
• Excluding conditions beyond the control of Grantee, Grantee will begin working on "Service Interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem.
• At the subscriber's request, the "appointment window" alternatives for Installations, service calls, and other Installation activities will be within a two to four hour time block during Normal Business Hours. (The Grantee may schedule service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.)
• Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

 

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days in advance of any significant changes in the other

information required by the

preceding paragraph.

(ii)        Billing:

• Bills will be clear, concise and under­standable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
• In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days.

(iii)       Refunds: Refund checks will be issued promptly, but no later than either:

• The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
• The return of the equipment supplied by the Grantee if service is terminated.

(iv)     Credits: Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

SECTION 117. Rate Regulation.

The Town reserves the right to regulate rates for Basic Cable Service and any other services offered over the Cable System, to the extent permitted by federal or State law. The Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76.900, Subpart N. The Town shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.

 

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(v)      If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time that is convenient for the customer.

(³)       Communications between Grantee and cable Subscribers:

(i)         Notifications to Subscribers:

(A)      The Grantee shall provide written information on each of the following areas at the time of Installation of service, at least annually to all Subscribers, and at any time upon request:

1. Products and services offered;
2. Prices and options for programming services and conditions of subscription to programming and other services;
3. Installation and service maintenance policies;
4. Instructions on how to use the Cable Service;
5. Channel positions programming carried on the System; and
6. Billing and complaint procedures, including the address and telephone number of the Town's cable office.

(B)       Customers will be notified of any changes in rates, programming services or Channel

positions as soon s possible through

announcements on the Cable System and in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30)

 

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SECTION 118. Franchise Fee.

• Following the issuance and acceptance of a Franchise, the Grantee shall pay to the Grantor a Franchise Fee in the amount set forth in the Franchise Agreement.
• The Grantor, on an annual basis, shall be furnished a Statement within sixty (60) days of the close of the calendar year, certified by an officer of the Grantee or audited by a Certified Public Accountant, reflecting the total amounts of gross annual revenues and all payments, and computations for the previous calendar year. Upon ten (10) days prior written notice, Grantor shall have the right to conduct an independent audit of Grantee's records, in accordance with generally accepted accounting principles and if such audit indicates a Franchise Fee underpayment of five percent (5%) or more, the Grantee shall assume all reasonable costs of such an audit.
• Except as otherwise provided by law, no acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for further or additional sums payable as a Franchise Fee under this Ordinance or any Franchise Agreement or for the performance of any other obligation of the Grantee.
• In the event that any Franchise Fee payment or recomputed amount is not made on or before the dates specified in the Franchise Agreement, Grantee shall pay as additional compensation an interest charge, computed from such due date, at an annual rate equal to the prime lending rate plus one and one-half percent (1-1/2%) during the period for which payment was due.
• Franchise Fee payments shall be made in accordance with the schedule indicated in the Franchise Agreement.

SECTION 119. Design and Construction Requirements.

• Grantee shall not construct any Cable System facilities until Grantee has secured the necessary permits from Grantor, or other cognizant public agencies.
• In those areas of the Town where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground.

 

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• In those areas of the Town where Grantee's cables are located on the above­ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities underground, at Grantee's cost. Certain of Grantee's equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in the above-ground enclosures.
• In new residential developments in which all the electric power and

telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements:

• The developer shall be responsible for contacting and surveying all Franchised cable operators to ascertain which operators desire (or, pursuant to the terms and provisions of this Ordinance and any Franchise Agreement, may be required) to provide Cable Service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development shall indicate the cable operators that have agreed to serve the

development.

• If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cable television cables and dedicate to the Town any initially unoccupied conduit. The developer shall be entitled to recover the cost of such initially unoccupied conduit in the event that Grantor subsequently leases or sells occupancy or use rights to any Grantee.
• The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two (2) working days to begin the Installation of their cables, and five (5) working days after beginning Installation to complete the Installation.
• The final development map shall not be approved until the developer submits evidence that:

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• It has notified each Grantee that underground utility trenches are to open as of an estimated date, and that each Grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and
• It has received a written notification from each Grantee that the Grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and Grantee, or has received no reply from a Grantee within ten (10) days after its notification to such Grantee, in which case the Grantee will be deemed to have waived its opportunity to install its facilities during the open trench period.
• Sharing the joint utilities trench shall be subject to compliance with State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire costs shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative Installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law.
• Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching.
• In the event that more than one Franchise is awarded, the Town reserves the right to limit the number of drop cables and/or pedestals per residence, or to require that the drop cable(s) and/or pedestal(s) be utilized only by the cable operator selected by the resident to provide service.

SECTION 120. Technical Standards.

(a)       The Grantee shall construct, install, operate and maintain its System in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, Federal Communications Commission technical standards, and any standards set forth in its Franchise

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Agreement. In addition, the Grantee shall provide to the Grantor, upon request, a written report of the results of the Grantee's periodic proof of performance tests conducted pursuant to Federal Communications Commission standards and guidelines.

• Repeated and verified failure to maintain specified technical standards shall constitute a material Franchise violation.
• All construction practices shall be in accordance with all applicable Sections of the Occupational Safety and Health Act of 1970, as amended, as well as all other applicable local, State and federal laws and regulations.
• All Installation of electronic equipment shall be installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code, as amended, and as may from time to time be amended.
• Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable local, State and federal laws and regulations.
• All of Grantee's plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements that the Town may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
• Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failure and accidents which are likely to cause damage, injury or nuisance to the public.

SECTION 121. Trimming of Trees.

Grantee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Streets, alleys, sidewalks, and public places of the Town so as to prevent the branches of such trees

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from coming in contact with the wires and cables of Grantee. Town board shall have authority to supervise and approve of all trimming of trees conducted by Grantee.

SECTION 122. Use of Grantee Facilities.

The Town shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by the Town to the extent that such Installation and maintenance does not interfere with existing operations of Grantee.

SECTION 123. Hold Harmless.

• Grantee, under any Franchise operated pursuant to this Ordinance, shall agree to indemnify, hold harmless, release and defend the Town, its officers, boards, commissions, agents and employees from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, disability, losses, expenses, including reasonable attorneys' fees and costs or liabilities of any nature that may be asserted by any Person resulting or in any manner arising from the action or inaction of the Grantee in constructing, operating, maintaining, repairing or removing the System, in carrying on Grantee's business or operations in the Town or in exercising or failing to exercise any right or privilege granted by the Franchise. This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, antitrust, errors of any copyright, trademark, trade names, service mark or patent, or any other right of any Person, firm or corporation, whether or not any act or omission complained of is authorized, allowed or prohibited by this Ordinance or any Franchise Agreement, but shall not include any claim or action arising out of the actions or omissions of Town officers, employees or agents or related to any Town programming or other access programming for which the Grantee is not legally responsible.
• The Town shall promptly notify Grantee of any claims subject to indemnification by Grantee and shall cooperate with all reasonable requests by Grantee for information, documents, testimony or other assistance appropriate to a resolution of such claims. Grantee shall have full responsibility for and control of any action or undertaking directed at the resolution of such claims.

 

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SECTION 124. Insurance.

Grantee shall provide insurance as specified in the Franchise Agreement.

SECTION 125. Records Required and Grantor's Right to Inspect.

(a)         Grantee shall at all times maintain:

• A full and complete set of plans, records and "as-built" maps

showing the location of the Cable Television System installed or in use in the Town, exclusive of Subscriber service drops and equipment provided in Subscribers' homes.

• If required by Grantor, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the Grantor within thirty (30) days following is request in a form reasonably acceptable to the Grantor.

(b)       Upon forty-eight (48) hours written notice, and during Normal Business Hours, Grantee shall permit examination by any duly authorized representative of the Grantor, of all Franchise property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the Town, and all records relating to the Franchise, provided they are necessary to enable the Grantor to carry out its regulatory responsibilities under local, State and federal law, this Ordinance and the Franchise Agreement. Such records include, all books, records, maps, plans, financial Statements, service complaint logs, performance test results, records of request for service, and other like materials of Grantee. Grantee shall have the right to be present at any such examination.

(c)       If any of the records described in the previous subsection are proprietary in nature or must be kept confidential by State, federal or local law, upon proper request by Grantee, such information obtained during such an inspection shall be treated as confidential, making it available only to those Persons who must have access to perform their duties on behalf of the Town, including but not limited to Town legal representatives and Board Members. To the extent that any federal requirement for privacy applied to the information to be submitted, said law shall control.

(d)       Copies of all petitions, applications, communications and reports submitted by Grantee, or on behalf of or relating to Grantee, to the Federal

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Communications Commission, Securities and Exchange Commission, or any other federal or State regulatory commission or agency having jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Ordinance and any Franchise shall be made available to the Town upon request. Copies of responses from the regulatory agencies to Grantee shall likewise be furnished to the Town upon request.

SECTION 126. Annual Reports.

(a)         Grantee shall submit a written end of the year report to Grantor with respect to the preceding calendar year containing the following information:

• A Summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in development of the Cable System, including but not limited to, services begun or discontinued during the reporting year.
• A list of Grantee's officers, members of its board of directors, and other principals of Grantee.
• A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Grantee.
• Information as to the number of Subscribers and the number of basic and pay service Subscribers.
• The Town, including its agents and representatives, shall have the authority, during Normal Business Hours, to arrange for and conduct an inspection of Annual Reports required pursuant to this Ordinance or a Franchise Agreement. The Town shall give the Grantee twenty-four (24) hours written notice of the inspection request.

If the requested information is proprietary in nature or must be kept confidential by State, federal or local law, upon proper request by Grantee, such information obtained during such an inspection shall be treated as confidential, making it available only to those Persons who must have access ro perform their duties on behalf of the Town, including but not limited to the Town legal representatives and Board members. To the extent any federal requirements for privacy applies to the information to be submitted, said law shall control.

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(b)       All reports and records required under this Ordinance shall be furnished at the sole expense of Grantee, except as otherwise provided in this Ordinance or the Franchise Agreement.

SECTION 127. Franchise Violation.

If Grantee fails to perform in a timely manner any material obligation required by this Ordinance or a Franchise granted hereunder, following notice from the Grantor and an opportunity to cure such nonperformance, Grantor may act to remedy such violation in accordance with the following procedures:

Grantor shall notify Grantee of any alleged material violation in writing by Personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than ten (10) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Ordinance or the Grantee's Franchise and thirty (30) days in all other cases. If Grantee fails either to correct the violation within the time prescribed or to commence correction of the violation within the time prescribed and thereafter diligently pursue correction of such violation, the Grantor shall then give written notice of not less than twenty (20) days of a public hearing to be held before the Board. Said notice shall specify the violations alleged to have occurred. At the public hearing, the Board shall hear and consider relevant evidence and thereafter render findings and its decision. In the event that the Board finds that a material violation exists and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation after notice thereof from Grantor and is not diligently proceeding to fully remedy such violation, the Board may revoke the Franchise or impose any other penalty permitted by the Franchise Agreement.

SECTION 128. Force Majeure: Grantee's Inability to Perform.

In the event Grantee's performance of any of the terms, conditions or obligations required by this Ordinance or a Franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this Section, causes or events not within the control of Grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.

SECTION 129. Abandonment or Removal of Franchise Property.

(a)       In the event that the use of any property of Grantee within the Franchise Area or a portion thereof is discontinued for a continuous period of twelve

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(12) months, Grantee shall be deemed to have abandoned that Franchise property.

• Grantor, upon such terms as Grantor may impose, may give Grantee permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained under the Franchise. Unless such permission is granted or unless otherwise provided in this Ordinance, the Grantee shall remove all abandoned above-ground facilities and equipment upon receipt of written notice from Grantor and shall restore any affected Street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, polies or attachments. Grantor shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Ordinance and any security fund provided in the Franchise shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this Section.
• Upon abandonment of any Franchise property in place, the Grantee, if required by the Grantor, shall submit to Grantor an instrument, satisfactory in form to the Grantor, transferring to the Grantor the ownership of the Franchise property abandoned.
• At the expiration of the term for which the Franchise is granted, or upon its revocation or earlier expiration, as provided for herein, in any such case without renewal, extension or transfer, the Grantor shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the Cable Television System from all Streets and public ways within the Town within a reasonable period of time, which shall not be less than one hundred eighty (180) days.
• Notwithstanding anything to the contrary set forth in this Ordinance, the Grantee may abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable Grantee.

 

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SECTION 130. Extended Operation and Continuity of Services.

Upon either expiration or revocation of the Franchise, the Grantor shall have discretion to permit and/or require Grantee to continue to operate the Cable Television System for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. Grantee shall continue to operate the System under the terms and conditions of this Ordinance and the Franchise and to provide the regular Subscriber service and any and all of the services that may be provided at that time.

SECTION 131. Receivership and Foreclosure.

(a)       A Franchise granted hereunder shall, at the option of Grantor, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:

• Such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Ordinance and the Franchise granted pursuant hereto, and the receivership or trustees within said one hundred twenty (120) days shall have remedied all the faults under the Franchise or provided a plan for the remedy of such faults which is satisfactory to the Grantor; and
• Such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise granted.

(b)       In the case of a foreclosure or other judicial sale of the Franchise property, or any material part thereof, Grantor may serve notice of termination upon Grantee and the successful bidder at such sale, in which event the Franchise granted and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, unless (1) Grantor shall have approved the transfer of the Franchise, as and in the manner that this Ordinance provides; and (2) such successful bidder shall have

covenanted and agreed with Grantor to assume and be bound by all terms and conditions of the Franchise.

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SECTION 132. Rights Reserved to Grantor.

• In addition to any rights specifically reserved to the Grantor by this Ordinance, the Grantor reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the Franchise.
• The Grantor shall have the right to waive any provision of the Franchise, except those required by federal or State regulation, if the Grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Grantee or the Subscribers. To be effective, such waiver shall be evidenced by a Statement in writing signed by a duly authorized representative of the Grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the Franchise unless the Statement so recites.

SECTION 133. Rights of Individuals.

• Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, national origin, age, disability, gender or sexual preference. Grantee shall comply at all times with all other applicable federal, State and local laws and regulations, relating to nondiscrimination.
• Grantee shall adhere to the applicable equal employment opportunity requirements of federal, State and local regulations.
• Neither Grantee, nor any Person, agency, or entity shall, without the Subscriber's consent, tap or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.
• In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a Subscriber's or general citizen's right of privacy or other personal rights through the use of the System as such rights are delineated or defined by applicable law. Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the

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System's interactive two-way equipment or capability for unauthorized personal surveillance of any Subscriber or general citizen.

(e)               No cable line, wire amplifier, converter, or other piece of equipment owned

by Grantee shall be installed by Grantee in the Subscriber's premises, other than in appropriate easements, without first securing any required consent. If a Subscriber requests service, permission to install upon Subscriber's property shall be presumed. Where a property owner or his predecessor has granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as Grantee's intended use, Grantee shall not be required to obtain the written permission of the owner for the Installation of cable television equipment.

SECTION 134. Conflicts.

In the event of a conflict between any provision of this Ordinance and a Franchise Agreement entered pursuant to it, the provisions of this Ordinance shall control, except as may be specifically otherwise provided in the Franchise Agreement.

SECTION 135. Severability.

If any provision of this Ordinance is held by any court or by any federal or State agency of competent jurisdiction to be invalid as conflicting with any federal or State law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to ful force and effect and shall thereafter be binding on Grantor and Grantee, provided that Grantor shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision.

 

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Dog Ordinance 08-11-2010

2010-02 Dog Ordinance

SECTION 1: REPEAL

Repeal of Former Dog Ordinance

The prior Dog Ordinance, adopted by the Town Board on July 5, 1969 shall be repealed upon the passage of this Ordinance.

SECTION 2: PURPOSE

The title of this Ordinance is the Town of Grant Dog Ordinance. The purpose of this Ordinance is to promote health, safety and general welfare of dogs and the people around them. Requiring dogs to be cared for in such a manner that they will not be a public nuisance, requiring dogs to be properly fed, sheltered and cared for and to ensure licensing and rabies vaccination of all dogs in the Town of Grant.

SECTION 3: AUTHORITY

The Town Board has the authority under its village powers Section 60.22, Wis, Stats., and the specific authority under Section. 60.23(30) and Chapter 174, Wis. Stats., to adopt this Ordinance.

SECTION 4: DEFINITIONS

1. "Abandoned" means that an owner has failed to pay the impoundment and care costs.
2. "Adult dog" means a dog older than one year of age.
3. "Animal shelter" means any facility operated by a humane society or Portage County or its authorized agents, for the purpose of impounding and caring for animals held under the authority of this Ordinance or state law.
4. "At large" A dog shall be deemed at large when off the property of the owner and not under restraint or control.
5. "Confined" means restriction of an animal at all times by the owner, or his agent, to an escape-proof building or other enclosure.
6. "Cruel" means causing unnecessary or excessive pain or suffering or unjustifiable injury or death.
7. "Dog" includes all members of the family of dogs, whether domesticated or in the semi-wild or wild state, male or female.
8. "Kennel" means any premises wherein any person engages in breeding (more than one (1) litter per year), buying, letting for hire, sporting, or selling dogs, (buying or selling more than three (3) adult dogs per year.)
9. "Law enforcement officer" has the meaning assigned under Section 967.02(5), Wis. Stats., and includes a humane officer under Section 173.03, Wis. Stats., but does not include a conservation warden appointed under Section 23.10, Wis. Stats.
10. "Licensing authority" shall be the Town Treasurer of the Town of Grant.
11. "Owner" means a person who owns, harbors or keeps a dog.
12. "Property" means the real property owned or occupied by the owner of the dog.
13. "Restraint" means any animal secured by a leash, lead, or under the control of a responsible person and obedient to that person's command, or within the real property limits of its owner.
14. "Spay or neuter" refers to a surgical procedure that has been performed on an animal by a veterinarian that renders it incapable of siring or bearing offspring.
15. "Stray dog" means a dog running at large whose owner is unknown.
16. "Untagged" means a valid license tag is not attached to a collar that is kept on a dog whenever the dog is outdoors, unless the dog is securely confined by the owner in a fenced area or confined on the owner's legal premise.
17. "Veterinarian" has the meaning designated under Section.453.02(7), Wis. Stats.

SECTION 5: RESTRICTIONS ON DOGS

Except as provided in SECTION 6, no person may do any of the following.

1. Allow any dog owned by that person to run at large in the town.
2. Allow any dog owned by that person to be untagged in the town.
3. Allow any dog owned by that person to be abandoned in the town.
4. Allow a dog or dogs on the premise of its owner to continue to frequently or habitually howl, yelp, bark, or make other loud noises that serve to annoy or disturb an adjacent owner or occupant of land or serve to annoy or disturb any number of persons within the town, as determined by the Town Board, or its designees. After receipt of written notice from the Town Board, or its designees, to the owner of the dog or to the owner of the legal premise where the dog is kept that the noise from the dog or dogs must be eliminated.
5. It shall be unlawful for any person to own, harbor or keep a dog which habitually pursues any vehicle, bicycle or pedestrian.
6. It shall be unlawful for any person to own, harbor or keep a dog which assaults or attacks any person.
7. It shall be unlawful for any person to own, harbor or keep a dog which kills, wounds or harasses any domestic animals.
8. It shall be unlawful for any person to own, harbor or keep a dog which 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.

SECTION 6: EXEMPTIONS FROM SECTION 5 COVERAGE

1. A dog that is actively engaged in the town in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land in the town that is open to hunting or on land for which the person has obtained permission to hunt or train a dog. Training may include dog trials or other dog-related outdoor events occurring in the town when these events have been approved by the Town Board, or its designees.
2. A dog that is used by a law enforcement agency, as defined in Section 165.83(1)(b), Wis. Stats., in the town to perform law enforcement functions is not considered to be running at large or untagged for purposes of this Ordinance.
3. A dog that is untagged and kept in the town for educational or scientific purposes as determined by the Town Board shall not be considered untagged for purposes of this Ordinance.
4. A dog used for the control of and or protection of domestic animals shall not be deemed "at large" when used for such purposes.

SECTION 7: DOG LICENSE TAX

1. On or after a dog becomes 5 months of age, the owner shall have it licensed annually. To obtain a license presentation of evidence that the dog is currently immunized against rabies, payment of dog license tax is required.
2. The Town Board may enter into a contract with Portage County and their associated fee schedule or by resolution set the amount of the dog license tax in accordance with Section 174.05(2), Wis. Stats.
3. The license year commences on January 1 and ends on December 31 of the same calendar year.
4. A late fee of $10 shall be collected from every owner of a dog 5 months of age or over, if the owner fails 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 fails to obtain a license on or before the date the dog reaches licensable age. All late fees received or collected shall be paid into the town treasury as revenue of the town.
5. Multi-Dog License Option: Any person who keeps 3 or more dogs or operates a kennel may, instead of the license tax for each dog required by this Ordinance, apply for a multi-dog license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as per the Portage County tax fee schedule for a kennel of 12 or fewer dogs. Upon payment of the required multi-dog license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, licensing authority shall issue the multi dog license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Late fees are applicable to this section.

SECTION 8: IMPOUNDMENT

Animals running at large may be taken by any law enforcement officer and impounded in the Humane Society of Portage County and confined in a humane manner.

1. An owner reclaiming an impounded animal shall:
2. Provide his or her name or address.
3. Present evidence that the animal, if applicable, is licensed and if applicable, is vaccinated against rabies or provides a receipt from a licensed veterinarian for prepayment of a rabies inoculation.
4. Pay the accrued impoundment fee, veterinary fees and any fees associated with the impoundment of the animal.

SECTION 9: STANDARD OF CARE

No person shall be cruel or inhumane to any dog by beating, torturing, mutilating or failing to provide it with adequate food, drink or shelter. Nor shall any person abandon any dog within the town.

1. Standard of Care: No person owning or responsible for confining or impounding any dog(s) may refuse or neglect to supply the animal with sufficient supply of food and water as prescribed in this section.
   1. 1. • Food: Food shall be of sufficient quantity and nutrient value to maintain the dog(s) in good health.
         • Water: If potable water is not accessible to the dog(s) at all times, it shall be provided daily and in sufficient quantity of the good health and well being of the dog(s).
         • Providing Proper Shelter: No person owning or responsible for confining or impounding a dog(s) may fail to provide the dog(s) with proper shelter as prescribed in this section.
2. Indoor standards. Minimum indoor standards of shelter shall include:

• • Ambient temperatures which shall be compatible with the health of the dog(s).
  • Ventilation for indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the dog(s) at all times.

1. Outdoor Standards. Minimum outdoor standards shall include:

• • Shelter from sunlight. When sunlight is likely to cause heat exhaustion of a dog(s) tied or confined, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
  • Shelter from inclement weather.
  • Natural or artificial shelter appropriate to the local climatic conditions for the breed concerned shall be provided as necessary for the good health and well being of the dog(s).
  • If a dog is routinely tied or confined unattended outdoors, a moisture-proof and wind-proof shelter of suitable size to accommodate the dog shall be provided if conditions warrant.

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 hazard and odors.

SECTION 10: ENFORCEMENT

1. This Ordinance shall be enforced under the direction of the Town Board, through the Town zoning administrator and county law enforcement officers.
2. The Portage County Sheriff's Department personnel or their designee, to include humane officers appointed by the sheriff, are authorized to catch and impound animals at large, with such authorization to include the pursuit of the animals upon non-animal owner private property.
3. Under the authority of Chapter 173, Wis. Stats., the sheriff may appoint persons as humane officers who shall have the power designated by Chapter 173, Wis. Stats. The sheriff may limit such authority of any or all designated humane officers at their discretion.
4. The sheriff or their designee shall be authorized to modify or withdraw abatement orders issued under Section 173.11, Wis. Stats., by appointed humane officers.
5. It shall be a violation of this Ordinance to interfere with any law enforcement officer, Humane Officer or Health Officer in the performance of duties under this Code.

SECTION 11: PENALTIES

Any person violating the provisions of this Ordinance shall be punished upon conviction according to the following forfeiture range: Not less than $25.00 nor more than $250.00 per violation. A citation may be issued, according to the following schedule: $25.00 for the first violation, $50.00 for the second violation, $100 for the third violation and subsequent violation, together with court costs, pursuant to Chapter 814, Wis. Stats. If any violation be continuing, each day's violation shall be deemed a separate offense. Failure to comply will result in the owner of said dog(s) to be required to forfeit their dog(s) to the Humane Society of Portage County. The Town Board may use any and all lawful enforcement mechanisms to enforce this Ordinance, including seeking legal or equitable relief.

SECTION 12: VALIDITY

Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid.

The Town of Grant voted to adopt this Ordinance on August, 11, 2010

Drive Way 10-09-2013

DRIVEWAY ORDINANCE ORDINANCE NO. 2013-01

SECTION 1: TITLE AND PURPOSE

The purpose of this Ordinance is to regulate driveways in the Town of Grant ("Town") to assure that location, repair, construction, alteration or relocation protects the public health, safety, and welfare of the community and to enforce the goals and policies set forth in the Town of Grant Comprehensive Plan.

An underlying principle of this Ordinance is to promote safe access onto town roads by establishing guidelines such as sight distance, separation, preservation of natural drainage and the number and location of driveways.

All existing driveways are exempt except where the Town deems a traffic hazard, safety concern, or drainage issue may exist. If such condition exists, then enforcement of this ordinance may be required. Routine maintenance of an existing driveway is exempt. Driveways directly affected by road construction or maintenance initiated by the Town would be the responsibility of the Town out to the right of way or construction limits. (Also refer to Town of Grant Road Construction Ordinance.)

SECTION 2: AUTHORITY

The Town Board has the specific authority under §66.0425 and §86.07  Wis. Stats., to adopt a town highway access permit ordinance, and has the general authority under its village powers under §60.22  Wis. Stats., to adopt this ordinance.

SECTION 3: ADOPTION OF ORDINANCE

This Ordinance, adopted by a majority of the Town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of certain driveways and highway access locations in the town.

SECTION 4: DEFINTIONS

1. "Altered" means to physically modify or change the use of an existing driveway whose location will not change. Physical modifications include the work beyond routine maintenance such as paving, widening, replacing or installing a culvert.
2. "Agricultural driveway" provides access to properties used primarily for agricultural (crop and livestock production) land uses, and agricultural' related residences (farmsteads). An agricultural driveway includes driveways providing access to farm fields, which are often commonly called field entrances. Agricultural driveways are characterized by having a significant volume of agricultural machinery usage.
3. "Approach grade" is the slope of the driveway in the area between the road surface and the right of way (includes driveway approach or apron).
4. "Clear Sight Window" is the horizontal boundaries (often referred to as a vision triangle) that match or achieve the Stopping Sight Distance (SSD) as stated. The vertical boundaries of the clear sight window should be free of obstructions, limbs, trees or vegetative cover that would obscure the driver's view of approaching vehicles from a point 1.5' above the driveway surface to approximately 8.5' above the driveway surface.
5. "Commercial driveway" provides access to properties with primarily retail, restaurant, institutional and, sale and service to the public, land uses. These land uses are reflected in the permitted and conditional land uses listed in the Town Zoning Ordinance. Commercial driveways are typically characterized by having a significant volume of general public vehicle traffic.
6. "Driveway" is any travel way, road or other avenue that runs through any part of a private or public parcel of land that connects or will connect with any public road, and will provide vehicular access from the road to an adjacent property.
7. "Emergency vehicle" is any fire, police, ambulance or first responder vehicle used in emergence or hazard activities in the town.
8. "End wall" is a device built around or attached to the ends of a culvert used to channel water flow, assist in slope management, and increase the safety margin. End walls are typically required where the culvert that is being used is abnormally large or deep.
9. "Existing driveway" is a driveway having been constructed prior to the enactment of this ordinance and being used.
10. "Industrial driveway" provides access to properties with primarily industrial, manufacturing, processing, wholesale, warehousing, truck terminal or similar land uses. Industrial driveways are typically characterized by having a significant volume of heavy truck usage.
11. "Intersection" means a road junction where two or more roads either meet or cross.
12. "Recreational driveway" provides access to undeveloped properties such as lands not being actively farmed, lands used primarily for hunting or other personal recreational uses, wood lots, and other land uses consistent with a conservancy district definition in the Town Zoning Ordinance. Recreational driveways are characterized by having intermittent usage and low traffic volume.
13. "Residential driveway" provides access to properties used for single or multifamily residences only. Residential driveways are characterized by having primarily personal vehicle traffic.
14. "Right-of-way" is the area of land, deeded or provided under state statutes by easement or dedication or otherwise, to the Town, for road purposes. This area includes not only the roadway surface area (the traveled portion of the roadway), but also the portion of land between the roadway surface area and the limits of the deed or statutory easement (property or easement lines).
15. "Routine maintenance" is for the following existing surface types:
16. a) Asphalt:

• Chip Sealing
• Sealing cracks
• Pothole repairs
• Replacing damaged sections

1. b) Gravel/Earthen:

• Top dressing
• Filling potholes
• Reshaping
• Asphalt paving that does not alter the existing layout

In addition the surface of the driveway within the town road right of way may

be raised so long as a slope away from the road is maintained.

16. "Site sketch" is a drawing which shows dimensions to property lines, adjacent driveways including those of adjacent property owners and nearest side roads.
17. "Stopping Sight Distance" (SSD) is the length of roadway ahead that is visible to a driver that is sufficiently long enough to enable a vehicle traveling at the posted speed limit to stop before reaching a stationary object in its path (such as a vehicle stalled while pulling out of the driveway).
18. "Town" refers to The Town of Grant, Portage County, Wisconsin.
19. "Town board" refers to the Board of Supervisors in the Town.

SECTION 5: GENERAL PROVISIONS

A Driveway Permit is required whenever a proposed driveway will physically meet or intersect with any town road in the Town. To prevent damage to the town road no Zoning Permit for new construction will be issued until a Driveway Permit Application is approved.

If the proposed driveway will meet with or intersect a county or state highway, the Portage County Highway Department or the Wisconsin Department of Transportation, respectively, will establish the rules and regulations regarding conditions for the permit and compliance with the permit.

If the proposed driveway will intersect a town road, the Town board or its designee, subject to the following rules and regulations, will issue the Driveway Permit. A Driveway Permit Application can be obtained from the Zoning Administrator, and the driveway must meet all applicable standards for location, slope, drainage, size of culvert (if required), and surface preparation. An applicant is responsible for any other applicable permits that may be necessary, including but not limited to DNR permits for wetland impact.

 

New, altered or relocated driveways shall meet all the following minimum requirements:

1. Before an address or Zoning Permit for new construction is issued, the applicant shall first obtain a Driveway Permit.
2. The following minimum specifications shall apply to all new driveways.
3. One driveway is allowed for lots with 200 feet or less of road frontage.
4. Two driveways are allowed for lots with over 200 feet of road frontage.
5. Parcels over 1000' in road frontage are eligible for driveways beyond the normal two (2) allotted per lot.
6. The driveway shall be constructed with a minimum surface width of 10 feet in order to provide access for emergency vehicles;

• There shall be an obstruction free minimum of a 16 foot width along the entire driveway length.
• There shall be a minimum vertical clearance of 14 feet along the entire driveway length.
• The side slope shall be a maximum of 1 foot of vertical drop or rise for each 3 feet of horizontal distance for a minimum of 3 feet from each edge of the driveway.

1. The driveway shall be a minimum of 15 feet from property lines of adjacent parcels. However agricultural driveways servicing field entrances may be constructed on the lot line provided maintenance thereof does not encroach onto neighboring property.
2. The driveway shall be located a minimum of 25 feet from the intersection as measured along the road right of way.

Corner Clearance
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5. The approach grade of any driveway shall meet flush with the grade of the road surface and not cause an obstruction to the maintenance or snowplowing of such town road. The driveway elevation within the town road right-of-way shall be equal to or lower than adjacent road surface.
6. If a concrete driveway is installed in the right-of-way, a fiber expansion joint must be installed at the right of way or easement line. If the concrete driveway must be removed from within the right-of-way for roadway work, the Town will not be responsible for replacement in-kind.
7. To allow for adequate mowing and snowplowing no obstructions, (i.e. decorative rock walls, lighting, shrubs, or fences) shall be placed within the right of way.
8. Deviations from these provisions may be allowable at the Town board's discretion if it deems the specification(s) would impose an unnecessary hardship not caused by the applicant or owner.
9. A fee shall be charged upon application for a Driveway Permit. (See Fee Schedule)
10. Driveway Design Detail Sketches:

 

SECTION 6: PERMIT APPLICATION REQUIREMENTS AND PROCEDURES

1. Who Must Apply: A Driveway Permit shall be required for construction of a new driveway, or an alteration or relocation of an existing driveway. A Driveway Permit may be required where the Town board has deemed a hazard or drainage issue exists on an existing driveway. Said Driveway Permit is required to ensure compliance of ordinance provisions.
2. Driveway Permit Application: Submit a completed Driveway Permit with the appropriate fee to the Town board or its designee.
3. Driveway Permit Review: Upon receipt of the completed Driveway Permit Application, the Town board or designee will review the permit and conduct a site review.
4. Permit Application Approval: Upon completion of site review and assurance that the application conforms with terms of this ordinance the Town board or its designee will return an approved Driveway Permit to the applicant.
5. Permit Application Denial: In the event of a denial of the proposed permit, the Town board shall recite in writing the particular facts upon which it bases its denial of the permit. The Town board shall also afford the applicant an opportunity to review the Town board's decision and present evidence refuting the determination, if so desired. Thereafter, the Town board may affirm, reverse, or modify its decision. The Town board shall recite in writing findings for any decision to modify or reverse its initial determination.
6. Resubmittal of Application: If an application for a Driveway Permit Application is denied by the Town board, no reapplication for an unmodified Permit will be considered within 3 months of the denial.
7. Permit Period: The Driveway Permit is effective for 12 months from the date issuance. The Permit shall expire after 12 months unless renewed. The driveway must be constructed according to the application and the terms of the Ordinance within the permit period.
8. Renewal: The Driveway Permit may be renewed for one additional period of 12 months. If the driveway has not been constructed by the end of the period, then a new application must be submitted and approved according to the terms of this Ordinance.
9. Driveway Inspection: The applicant shall notify the Town board or designee within 30 days of completion of the construction or alteration. Within 30 days of notification, the Town will conduct an inspection of the driveway to ensure full compliance with the provisions of the Ordinance.
10. Application Fee: An application fee of an amount determined by a resolution of the Town Board will be charged. This fee is specified in the Fee Schedule.
11. Exceptions: Deviations from these provisions may be allowable at the Town Board's discretion if it deems the specification(s) would impose an unnecessary hardship.

SECTION 7: ENFORCEMENT

This Ordinance shall be enforced under the direction of the Town Board, through the

Town Zoning Administrator and county law enforcement officers.

SECTION 8: PENALTIES

Any person violating the provisions of this Ordinance shall be punished upon conviction according to the following forfeiture range: Not less than $25.00 or more than $250.00 per violation. A citation may be issued, according to the following schedule: $25.00 for the first violation, $50.00 for the second violation, $100.00 for the third violation and subsequent violation, together with court costs, pursuant to Chapter 814, Wis. Stats. If any violation be continuing, each day's violation shall be deemed a separate offense. The Town board may use any and all lawful enforcement mechanisms to enforce this Ordinance, including seeking legal or equitable relief.

SECTION 9: SEVERABILITY

Should any portion of this Ordinance be declared unconstitutional or invalid by a court of

competent jurisdiction, the remainder of this Ordinance shall not be affected.

SECTION 10: VALIDITY

Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid.

SECTION 11: DISCLAIMER

The Town of Grant does not, by issuing a permit, warranty or make assurance of any kind whatsoever, specifically as to whether the subject of the permit is safe, suitable for its intended purpose, merchantable, or in compliance with any applicable codes or regulations.

Establishing Appointment of Town Clerk and Town Treasurer 06-10-2020 and the Resolution to Rescind Ordinance 2020-01

ESTABLISHING APPOINTMENT OF TOWN CLERK AND TOWN TREASURER

ORDINANCE NO. 20-1

The Town Board of Supervisors of the Town of Grant, Portage County, Wisconsin does hereby ordain as follows:

That, pursuant to Wis. Stat. § 60.30(1e)(a), the offices of Town Clerk and Town Treasurer shall be filled by appointment of the majority of the members-elect of the Town Board. The term of office for the appointed positions shall be set by the Town Board, but may not exceed three (3) years, pursuant to Wis. Stat. § 60.30(1e)(c). The Town Board may re-appoint the officers for additional terms. However, removal by the Town Board during a given term of office may only be for "cause" as defined under Wis. Stat. § 17.001, and required by Wis. Stat. § 60.30(1e)(f).

This ordinance is subject to approval by the Town electors in a referendum, which is hereby called by the Town Board to be held on November 3, 2020. The referendum questions shall be:

Question 1: "Shall the person holding the office of Town Clerk in the Town of Grant be appointed by the Town Board?"

Question 2: "Shall the person holding the office of Town Treasurer in the Town of Grant be appointed by the Town Board?"

The salary of the appointed position(s) shall be set by the Town Board and may not be reduced during the term of office. This ordinance shall be in full force and effect from and after the date of its Town Board passage, notice after passage pursuant to Wis. Stat. § 60.80, and also its referendum approval by the Town electors as required by Wis. Stat. § 60.30(1e)(b).

Extended Town Officer Terms in Response to Election Law Changes 04-10-2012

Ordinance to Extend Town Officer Terms In Response to Election Law Changes

No. 2012 - 04

Whereas, the term of elected town officers (other than elected assessors) have previously begun on the 2nd Tuesday in April;

Whereas town officers (other than assessors) elected in April 2012 and thereafter will now have their terms of office commence on the 3rd Tuesday in April due to recent state election law changes;

Whereas this law change results in a week long "gap" between the end of the current terms of office for those town officers elected in either 2010 or 2011 and the start of the new terms of office for those officers elected in April 2012 or April 2013;

Whereas, 2011 Wis. Act 115 provides that a town board may enact an ordinance providing that the terms of any elective officers in the town who were elected or appointed to serve for terms expiring on the 2nd Tuesday in April 2012 or 2013 may be extended to the 3rd Tuesday in April in the same year in which the terms would otherwise have expired;

Therefore, be it hereby ordained by the Town Board of the Town of Grant, Portage County, that the terms of elected town officers which shall expire after 11:59 p.m. on the 2nd Monday of April in either April 2012 or April 2013 shall be extended until the 3rd Tuesday of April in the same year in which the terms would otherwise have expired.

This ordinance shall be effective upon publication or posting by the town clerk as required, pursuant to s. 60.80, Wis. Stat.

Adopted this 10^th, day of April, 2012.

Firearms and Dangerous Weapons (2022-01)

FIREARMS AND DANGEROUS WEAPONS ORDINANCE ORDINANCE NO. 2022-01

SECTION 1: PURPOSE

The purpose of this ordinance is to exclude firearms and weapons from being carried in a Town owned

structure or vehicle.

SECTION 2: AUTHORITY

The Town Board has the specific authority under Wis. Stat. § 60.61. and has the general authority under its village powers under Wis. Stat. § 60.22(3) to adopt this ordinance.

The Town Board additionally has authority under Wis. Stat. § 943.13(1m)(c)4 to notice all persons that it is unlawful for any person to enter or remain in any part of a building that is owned, occupied, or controlled by the Town of Grant while carrying a firearm or a type of firearm.

SECTION 3: ADOPTION OF ORDINANCE

This Ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present, and voting, and proper notice having been given, provides for the prohibition of concealed or unconcealed possession of a firearm or dangerous weapon in any building or vehicle owned by the Town of Grant.

SECTION 4: DEFINITIONS

The following words, terms and phrases, shall have the meaning indicated:

Bona fide peace officer means any person specifically employed as a law enforcement officer as defined by Wis. Stats. § 165.85(2)(c).

Carry means to go armed with.

Conceal and concealed means to hide or be hidden from ordinary observation.

Dangerous weapon and weapon mean any instrument which by its capabilities of use is liable to produce death or great bodily harm. The following are dangerous, per se: Blackjack; billyclub; sandclub; sandbag; bludgeon; slingshot; handgun; pistol; revolver; long guns; any instrument which impels a missile by compressed air, spring or other means (air gun, pellet gun, spring gun); any weapon upon which loaded or blank cartridges are used; cross knuckles; knuckles of any metal, barbed or blade type; arrowhead; bowie knife; dirk knife; dirk dagger; any knife which has a blade that may be drawn without the necessity of contact with the blade itself but is instead automatically opened by slight pressure on the handle or some other part of the knife and is commonly known as a switchblade knife; straightedge razor or any knife having a blade three inches or longer; weapons known as kung fu sticks or nunchuck sticks which are basically two or more pieces of wood or other material connected by a piece of chain or other material; bow and arrow; crossbow; stun gun; TASER or other similar electroshock weapon. Instruments not specified in this definition are nonetheless dangerous weapons when they fall within the terms of this definition.

 

Firearm means all weapons that act by force of gunpowder within the scope of Wis. Stats. § 167.31(1)(c).

Public place means any area in which the person does not have a reasonable expectation of privacy.

Sign, signs, or signed refers to written information that provides notice as set forth in Wis. Stats. § 943.13(2).

Structure means anything which is constructed, erected, and framed of component parts and which is fastened, anchored, or rests on a permanent foundation or on the ground for any occupancy or use whatsoever, excluding fencing, and any structure contemplated by, but not limited to, those enumerated and described in Wis. Stats. § 943.13(1m)(c)4.

SECTION 5: GENERAL PROVISIONS

No person may wear or in any manner carry under his or her clothes or carry and conceal upon or about his or her person or possess unconcealed a firearm or dangerous weapon in any structure or vehicle that is owned, occupied or controlled by the Town of Grant including but not limited to the town hall, garage, and transfer station shed, and any and all vehicles or equipment used to maintain Town of Grant roads and aforementioned facilities whether now in existence, later constructed, or purchased, provided that the building and vehicle is posted with "signs" meeting the requirements of Wis. Stats. § 943.13(2).

Exceptions. These provisions do not apply to any of the following:

939. Bona fide peace officers. Notwithstanding Wis. Stats. § 939.22 (22), for purposes of this ordinance, bona fide peace officer does not include a commission warden who is not a state-certified commission warden.
940. A qualified out-of-state law enforcement officer, as defined in Wis. Stats. § 941.23(1)(g), to whom Wis. Stats. §§ 941.23(2)(b)1. to 3. applies.
941. A former officer, as defined in Wis. Stats. § 941.23(1)(c), to whom Wis. Stats. §§ 941.23(2)(c)1. to 7. applies.

The prohibitions set forth do not apply to a firearm in a privately owned vehicle driven or parked in the designated parking location for a public place, or to any part of a grounds or land used as a parking facility.

SECTION 6: ENFORCEMENT AND PENALTIES

Any person who enters or remains in a Town structure or vehicle contrary to this Ordinance will be considered a trespasser subject to penalty as set forth in this Ordinance and by the County of Portage and by the State of Wisconsin. The penalty for conviction of a violation of this section is as set forth in the Ordinance Relating to Issuance of Citations for Violations of Town Ordinances No #530-2008. Violation of this ordinance may further result in misdemeanor or felony charges brought by county, state or federal authorities dependent upon the nature and severity of the violation.

Town employees found to be violating this Ordinance, while at their place of employment, in addition to remedies, enforcement, and penalties provided in the Ordinance, may be additionally subject to disciplinary steps of the disciplinary procedure in effect at the time which the violation is found to occur, up to and including immediate termination and separation of employment.

SECTION 7: SEVERABILTY

Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent

jurisdiction, the remainder of this Ordinance shall not be affected.

SECTION 8: VALIDITY

Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid.

The Town of Grant voted to adopt this ordinance on January 12th, 2022

Issuance of Citations for Violations of Town Ordinances 04-16-2008

The Town Board of Supervisors of the Town of Grant, Portage County, does ordain as follows:

SECTION 1 - STATUTORY AUTHORITY

Pursuant to Section 66.0113 of Wisconsin Statutes, the Town Board hereby elects to use the citation method of enforcement of town ordinances described herein, or in a separate ordinance, including those for which a statutory counterpart exists. The Town Board reserves the right to use any legal process other than or in addition to the citation method of enforcement.

SECTION 2 - FORM OF CITATION

The citation shall contain the following:

• (a) The name and address of the alleged violator;
• (b) The factual allegations describing the alleged violation;
• (c) The time and place of the offense;
• (d) The section of the ordinance violated;
• (e) A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so;
• (f) The time at which the alleged violator may appear in court;
• (g) A statement which in essence informs the alleged violator:

1. That a cash deposit based on the schedule established by this or other town ordinance may be made which shall be delivered or mailed to the Clerk of Court prior to the time of the scheduled court appearance.
2. That is a deposit is made, no appearance in court is necessary unless the defendant is subsequently summoned.
3. That if a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have entered a plea of no contest, and submitted to a forfeiture which applicable penalty assessment, or if the court does not accept the plea of no contest, a summons will be issued commanding him to appear in court to answer the complaint.
4. That is no cash deposit is made and the alleged violator does not appear in court at the time specified, the court may issue a summons or warrant for the defendant's arrest or consider the non-appearance to be a plea of no contest and enter judgment, or an action may be commenced to collect the forfeiture.

• (h) A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Section 2(g) above has been read. Such statement shall be sent or brought with the cash deposit;
• (i) A statement that if the court finds that the violation involves an offense that prohibits conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in property damage or physical injury to a person other than the alleged violator, the court may summon the defendant into court to determine if restitution shall be ordered under Section 800.093, Wis. Stats.
• (j) Such other information as the town deems necessary.

SECTION 3 - SCHEDULE OF DEPOSITS

The following schedule of cash deposits is established for use with citations issued under this ordinance.

ORDINANCE TITLE             OFFENSE                              DEPOSITS & COSTS

Ordinance #1-97                     Failure to obtain building permit as required        $100.00 plus current court costs per Chapter 814. Wis. Stats.

Amended Zoning Ordinance                   All Zoning Ordinance violations             $100.00 plus current court costs per Chapter 814, Wis. Stats.

Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court who shall provide a receipt therefore.

SECTION 4 - ISSUANCE OF CITATION

At the direction of the Town Board, the following officials shall issue citations with respect to those specified ordinances which are directly related to their official responsibilities:

ORDINANCE TITLE                                    ENFORCEMENT OFFICIAL

Ordinance #1-97                                            Building Inspector, Zoning Administrator

Zoning Ordinance                                          Zoning Administrator or Town Board member.

SECTION 5 - PROCEDURE

Section 66.0113(3) Wisconsin Statutes relating to violator's options and procedures on default is hereby adopted and incorporated by reference.

SECTION 6 - NONEXCLUSIVITY

1. OTHER ORDINANCE

Adoption of this ordinance does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

1. OTHER REMEDIES

The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

SECTION 7 - SEVERABILITY

If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION 8 - EFFECTIVE DATE

This ordinance shall take effect upon its passage and publication on posting as provided by law.

The foregoing ordinance was adopted at a regular meeting of the Town Board of the Town of Grant, Portage County, Wisconsin, on this 16^th day of April, 2008.

Junk Dealers 05-07-1966

AN ORDINANCE REGULATING JUNK DEALERS

The Town Board of the Town of Grant, Portage County, Do Ordain:

Section 1. No person or persons, association, partnership, firm or corporation shall hereafter in the Town of Grant, keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any old, used or second hand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture, used motor vehicles, or the parts thereof, or other articles which from its worn condition

renders it practically useless for the purpose for which it was made, and which is commonly class ed as junk, whether with a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as hereinafter provided. One carrying on the aforesaid business shall be referred to herein as "junk dealer".

Section 2. Every applicant for a license to engage in the business of junk dealer shall file with the building inspector a written application upon a form prepared and provided by the Town, signed by the applicant or applicants. Said application shall state:

• The name and residence of the applicant, if an individual, partnership, or firm, or the names of the principal officers and their residence, if the applicant is an association or corporation.

• The detailed nature of the business to be conducted and the kinds of material to be collected, bought, sold or other­wise handled.
• The premises when. such business is to be located or carried on.

Each application shall contain an agreement that the applicant accepts the license, if granted, upon the condition that it may be suspended for cause at any time by the Town Board.

Section 3. The Building Inspector shall report such application to the Town Board who shall inspect or cause to be inspected such premises to determine whether it complies with all laws, ordinances, rules and regu­lations, including Section 175.25 of the Wisconsin Statutes. Said premises and all structures thereon shall be so situated and constructed that the business of junk dealer may be carried on in a sanitary manner, shall con­tain no fire hazards, and shall be arranged so that there can be a thorough inspection at any time by proper authorities.

Each of the premises upon which the business of junk dealer is to be carried on shall be enclosed by a solid, painted fence or other structure not less than seven (7) feet in height, constructed so that no material may pass or protrude through. Said enclosure shall be maintained in good condition at all times and painted every third year, at least. No arti­cles shall be piled so as to protrude above said enclosure.

Section 4. No premises shall be used for carrying on the business of junk dealing when more than two buildings situated within a distance of 1,000 feet are used for residence purposes. Said enclosure shall be lo­cated 300 feet from the street line and 30 feet from the side lot line. Two or more adjoining junk yards may be constructed wall to wall if ap­proved by the Town Board. Existing junk dealers need not comply with Section 4.

Section 5. Upon the filing of the application and the payment to the Building Inspector of the license fee hereinafter provided, the Building Inspector shall issue to the applicant a license to engage in business as provided in Section 1. No license shall be refused except for a specified reason. All licenses shall be numbered in the order in which they are is­sued and shall clearly state the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make furthe^-Application until a period of at least six months shall have elapsed since the last previous rejection unless he can shad that the reason for such rejection no longer exists.

Section 6. Every junk dealer shall pay an annual license fee of $100.00. All licenses shall be issued as of July 1st, and shall continue in force until June 30th next succeeding the date of issuance thereof, un­less revoked sooner. If the license hereunder is not renewed, the reasons for the non-renewal shall be set forth in the minutes of the meeting.

Section 7. Every junk dealer's license shall designate the place of business in or from which the junk dealer receiving such license shall be authorized to carry on such business. No licensee shall remove his or its place of business from the place designated in the license until a written permit has been secured from the Town Board, and the same shall have been endorsed upon the license.

Section 8. No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor. Nor shall said business be carried on after such license has been revoked or has expired.

Section 9. The Health Officer shall formulate reasonable rules and :evictions relating to the conduct of the business of junk dealing which shall protect the health of the community. No junk dealer shall violate any such rule or regulation.

Section 10. Every junk dealer upon being served with a written notice to do so by the Town Board on blank forms to be furnished by the said Town Board, shall provide an accurate description of all goods, articles, or other things purchased or received by him in the course of business of a junk merchant at such time and during such period of time specified in the notice, stating the amount paid for the same, and the name, residence and general description of the person from whom such goods, articles or things were received.

Section 11, If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the City of Wisconsin Rapids. Nis, as having been lost or stolen, and the same or any -nswering the description advertised or any portion or part thereof shall be or come into possession of any junk merchant or peddler, he or it shall give information thereof in writing to the proper officer and state from whom the same was received. Any junk merchant or peddler who has or receives any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer, Town Board, or any magistrate or person duly authorized in writing by the Sheriff of Portage County, or any magistrate who shall exhibit such authorization to such dealer or peddler.

Section 12. Upon complaint being made in writing by any town official )r resident of the Town of GRANT to the Town Clerk that any licensee has violated any of the provisions of this ordinance, the Town Board shall summon such licensee to appear before it at the next Town Board meeting. The Town Board and the Building Inspector shall proceed to investigate the matter, and if they find the allegations of said complaint are correct, they shall bring action against the licensee under the provisions of this ordinance.

Section 13. Penalties for Violation of Ordinance. Any person violat­ing any provision of this ordinance, shall upon conviction thereof forfeit not less than $10 nor more than $50 and the costs of prosecution and in 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 thirty days for each violation. Each day of violation shall constitute a separate offense.

Section 14. Separability and Conflict. (a) If any section, sub­section, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 15. This ordinance shall take effect and be in force from and after its passage and posting.

The foregoing ordinance was adopted at a regular meeting of the Town Board of the Town of Grant, Portage County, on May 7th, 1966.

Keg Registration 07-12-2006

ORDINANCE CREATING KEG REGISTRATION

An ordinance for the Town of Grant, County of Portage Wisconsin to provide for the registration of kegs of fermented malt beverages and providing a penalty in connection therewith.

Purpose of Ordinance — The purpose of this ordinance is to prevent the misuse of alcoholic consumption particularly by underage persons as well as provide for orderly, compatible, livable neighborhoods.

The Board of the Town of Grant do ordain as follows:
Section 1: Keg Registration

(A) Definitions. For the purpose of this subsection the following definitions shall apply:

1. "Keg" means any container capable of holding four gallons or more of beer, which is designed to dispense fermented malt beverages (beer) directly from the container for purpose of consumption.
2. "Registration-seal" means any document, stamped declaration, seal, decal, sticker or device approved by the Portage County Sheriff's Department, that is distributed and designed to be affixed to kegs, and that displays a registration number and such other information as may be prescribed by the Portage County Sheriffs Department

(B) Registration-Seal Requirement. No licensee of fermented malt beverages may sell fermented malt beverages in a keg without having registered the sale, on a form provided for by the Portage County Sheriffs Department, and affixing a registration seal on the keg at the time of the sale.

(C) Registration-Declaration. The registration declaration shall contain the following:

1. Require the purchaser of fermented malt beverages to sign a declaration and receipt for the keg or other container in substantially the form provided for in Paragraph 3 of this ordinance.
2. Require the purchaser to provide two pieces of identification: one must contain the purchaser's picture.
3. Require the purchaser to sign a statement on the declaration that:
   1. The purchaser is of legal age to purchase, possess, or use fermented malt beverages.
   2. The purchaser will not allow any person, contrary to state law under the age of twenty-one (21) years to consume the beverage.
   3. The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required under this ordinance to be affixed to the container.

4. Require the purchaser to provide their name, address, and phone number.
5. Such other information as may be required by the Sheriffs Department.

 

1. Keg Return Procedure to be followed by Licensee. When a registered keg is returned to the licensee, the registration seal shall be removed or obliterated and note of such action shall be made on the registration records of the licensee.
2. Seizure of forfeiture of keg. If a person is in possession of a keg used for or containing beer in violation of this ordinance, then the keg and its contents shall be subject to seizure by the Sheriff's Department.
3. Responsibility to Maintain Records. All licensees of fermented malt beverages shall maintain a complete and accurate record of all registration forms and other documentation of the sale of kegs at the place of business selling kegs for a period of not less than one (1) year. Such records regarding keg sales shall be open to inspection by the Portage County Sheriffs Department at reasonable times.
4. Administration of Keg Registration. The Portage County Sheriff's Department, by its Sheriff, or his or her designee, shall provide for the implementation of this ordinance.
5. No person shall possess or control an unregistered keg within the Town of Grant, County of Portage, Wisconsin, except as otherwise provided here within.

Section II — Penalty

Any person violating this ordinance shall be subject to a forfeiture of not less than one hundred dollars ($100) for the first offense, two hundred and fifty dollars ($250) for the second offense, and five hundred dollars ($500) for the third and subsequent offenses. And in the event that such payment is not made, imprisonment in the county jail for the term set by the court.

Section III — Application of Ordinance

This ordinance shall not apply to any person or entity who otherwise holds a fermented malt license for the distribution or sale of fermented malt products or for an activity which is held within a public park for which a license agreement has been entered into with the Portage County Parks Department.

Section IV - Effective Date

The ordinance shall take effect on July 12th, 2006, after its passage and publication.

Businesses will be notified by Portage County Sheriff's Department prior to begin of enforcement.

Municipal Solid Waste 09-09-2009

MUNICIPAL SOLID WASTE ORDINANCE NO. 09-04

The town board of the Town of Grant, Portage County, Wisconsin, by the ordinance, adopted on proper notice with a quorum vote of a majority of the town board present and voting adopted, at the Town of Grant Monthly Board Meeting on September 9, 2009, Municipal Solid Waste Ordinance #09-04, to take effect January 1, 2010. At which time Town of Grant Refuse and Recycling Ordinance, dated March 25, 1992 shall be discontinued.

Following are some of the rules and regulations, but not limited to the following:

• All municipal solid waste and recycling shall originate or be generated from within the Town of Grant.
• Mandatory recycling per s.s. 287, Wis. Stats.
• Items not accepted at the Town of Grant Transfer Station and Recycling Center may be
  transported by the generator to any licensed landfill or transfer facility in Wisconsin.
• Municipal solid waste from commercial or industrial sources generated within the Town of Grant will only be allowed under Conditional Use Permit.

A copy of the full text of Municipal Solid Waste Ordinance #09-04 may be obtained at the Transfer Station at 8840 Griffith Ave., Wisconsin Rapids, from Transfer Station attendant, by calling the Town Clerk at 715-423-9193, or viewed at the Town of Grant Hall at 9011 County Road WW, Wisconsin Rapids.

MUNICIPAL SOLID WASTE ORDINANCE

ORDINANCE NO. 09-04

THE TOWN BOARD OF THE TOWN OF GRANT, PORTAGE COUNTY, WISCONSIN, DOES ORDAIN AS FOLLOWS:

Repeal of Former Ordinance

The, Town of Grant Refuse and Recycling Ordinance, dated March 25, 1992, shall be discontinued at the time of the effect of this ordinance. This ordinance shall take effect in full force after a public hearing has been held for residents' information and it has been publicly noted according to Wisconsin Stats. 60.80(5).

SECTION 1: LOCATION OF TRANSFER STATION AND RECYCLING CENTER

• The designated drop-off station shall be the Town of Grant Transfer Station and Recycling Center, located at 8840 Griffith Avenue, or at any other site that may be so designated by the Town Board.
• Curbside Program: If or when the Town of Grant opts to provide curbside collection of municipal solid waste and recycling, then the residents of the Town of Grant shall abide by applicable sections of this ordinance and any subsequent ordinance specific to curbside collection.

SECTION 2: DEFINITIONS

• The phrase "municipal solid waste" means household solid waste or solid waste that does not contain hazardous waste and does not contain any process waste that is the direct or indirect result of the manufacturing of a product or the performance of a service such as dry cleaners or paint shops. Municipal solid waste does not include waste wood, papermill sludge, sewage sludge, tires or industrial process wastes.
• The term recyclables shall include, but is not limited to, any item determined by the State of Wisconsin per Statute 287 and successors to be eligible for recycling and shall include such items as newsprint, cardboard, aluminum cans, tin cans, container board, bottle glass, magazines, plastic containers not waived from recycling law, waste oil, batteries, and appliances including microwaves.
• The term attendant shall refer to any person or persons employed by the Town of Grant, who is on the premises of the Transfer Station and Recycling Center for the purpose of carrying out the policies of the Town Board.
• The term person or persons shall refer to residents residing in the Town of Grant or owning land with improvements within its boundaries. No persons other than legal residents or landowners may use the Town of Grant Transfer Station and Recycling Center.

SECTION 3: RULES AND REGULATIONS; In addition to all rules and regulations set forth in Wisconsin Statutes and Administrative Codes

• All municipal solid waste or recyclables that are received at the Town of Grant Transfer Station and Recycling Center shall originate or be generated from within the Town of Grant.
• Hours for drop-off municipal solid waste and recyclables and rules regarding placement of recyclables shall be established by the Town Board. Any drop-off contrary to the express posted hours or any depositing of materials other than in designated dumpsters or designated areas per attendant instructions shall be illegal.
• Any and all items for recycling per s.s.287, Wis. Stats., are prohibited from being placed in dumpsters or from being incinerated at the Town of Grant Transfer Station and Recycling Center. Only recyclables considered useless for recycling, as determined by the attendant, are allowed in dumpsters.
• Mandatory recycling. Any resident using the Town of Grant Transfer Station and Recycling Center for disposal of municipal solid waste or recycling must participate in the recycling program.
• Items not accepted at the Town of Grant Transfer Station and Recycling Center may be transported by the generator to any licensed landfill or transfer facility in Wisconsin. Each resident is responsible for any cost incurred when transporting unacceptable items to any disposal site. Items not accepted include, but are not limited to, tires, limited demolition or building materials, hazardous waste materials, fuel or gasoline containers, stumps. and limited carpet, vinyl and linoleum.
• Municipal solid waste from commercial or industrial sources generated within the Town of Grant will only be allowed at the Transfer Station and Recycling Center under conditions of the Conditional Use Permit for that specific commercial or industrial source.

SECTION 4: PREPARATION OF RECYCLABLE ITEMS

• Prepare all materials according to market specifications. The Town of Grant Municipal Solid Waste and Recycling Guide shall specify what constitutes adequate preparation. The Recycling Guide is incorporated in this Ordinance by reference, and shall have the force and effect of law.
• By using the Transfer Station and Recycling Center, the user/resident releases all claim to the deposited items, including any and all claims to monetary proceeds, but the user is not released from any responsibility for any materials that are hazardous or toxic under state or federal law, or are otherwise not compliant with the terms of this Ordinance.

SECTION 5: FEES

The Town Board may establish by resolution at a board meeting, appropriate user fees to recover the cost for collection and disposal of certain items, i.e., white goods, such as stoves, refrigerators, and other bulky or difficult to dispose of items. Fees must be tendered to the transfer station attendee prior to disposal.

SECTION 6: VALIDITY

Should any section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.

SECTION 7: NONCOMPLIANCE AND ILLEGAL USE

Any person, firm, corporation or legal entity that violates, disobeys, neglects, omits, or refuses to comply with the provisions of this Ordinance shall incur a forfeiture of not less than $25.00 nor more than $250.00 for each offense. Provided, however, that depositing recyclables or solid waste that contain hazardous or toxic materials shall incur a forfeiture between $250.00 and $2,500.00 for each offense. All forfeiture amounts shall have added to such amounts the costs and fees of prosecution, and in default of payment thereof, such person, firm, corporation or legal entity may be incarcerated in the Portage County jail for a term of not more than 30 days, or until such judgment is paid.

The Town of Grant voted to adopt this ordinance on September 9th, 2009
Resolution #: 09-04

Open Records Ordinance 05-20-2023

PUBLIC RECORDS ORDINANCE

ORDINANCE NO. 2023-01

SECTION 1: PURPOSE

The purpose of this Ordinance is to set forth an open records request procedure and fees for the location and reproduction of Town records under the public records laws of this state, including § 19.35(3), Wis. Stats.

SECTION 2: AUTHORITY

The Town Board has the specific authority, powers and duties, pursuant to §§ 19.21-19.23, 19.31, 19.34-19.37, 60.22 and 60.83, Wis. Stats., to manage and direct certain affairs related to Town of Grant public records.

SECTION 3: ADOPTION OF ORDINANCE

This Ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present, and voting, and proper notice having been given, provides for the regulation to provide for an open records request procedure and fees for the location and reproduction of Town records.

SECTION 4: LEGAL CUSTODIANS

1. The legal custodian of records for the Town Board otherwise specified under § 19.33, Wis. Stats., shall hereby be the Clerk for the Town of Grant. The Town Clerk shall also be the appointed legal custodian of all Zoning Board of Appeals records. The Town Clerk, as appointed legal custodian of all Town Board and Town of Grant Zoning Board of Appeals records, shall be vested with full authority under § 19.33, Wis. Stats.
2. The legal custodian of records for the Town of Grant Plan Commission otherwise specified under § 19.33, Wis. Stats., shall hereby be the appointed Plan Commission Secretary for the Town of Grant. The Plan Commission Secretary, as appointed legal custodian of all Town of Grant Plan Commission records, shall be vested with full authority under § 19.33, Wis. Stats.

SECTION 5: NOTICE

1. The Town of Grant does hereby adopt the attached notice pursuant to § 19.34, Wis. Stats., as the procedure allowing access to all public records for the Town of Grant.

SECTION 6: ACCESS TO RECORDS

1. Access to all records shall be subject to § 19.35, Wis. Stats., and any amendments made thereto.

SECTION 7: FEES

1. The Town of Grant hereby establishes that a reasonable fee, which sum shall not exceed the actual cost incurred by the Town of Grant for reproduction of any request, shall be borne by the requester. The costs shall be as established by the Town Board through adoption of a Resolution, and are subject to change.
2. If the expected fee for reproduction exceeds or is anticipated to exceed $5, the legal custodian shall require prepayment by the requester prior to reproducing the records.
3. Except as otherwise provided by law or as authorized to be prescribed by law, a fee may be imposed upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.

SECTION 8: TIME FOR COMPLIANCE AND PROCEDURE

1. The legal custodian, upon request for any record, shall, as soon as practicable and without delay, comply with the request. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for 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 from the legal custodian a written statement for all the reasons of denial.
2. Every written denial shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or to the district attorney's office.
3. The legal custodian shall make a determination under § 19.35, Wis. Stats., of whether the person is authorized to receive the records requested and shall thereafter comply with § 19.35, Wis. Stats., and this article and further with the rights of data subject to challenge under § 19.365, Wis. Stats.

SECTION 9: RESERVATION OF AUTHORITY

Nothing herein constitutes a waiver of the Town of Grant's authority under §§ 19.32 to 19.39, Wis. Stats., dealing with open record requests. The Town of Grant and the legal custodian reserve any and all limitations upon access and withholdings set forth under Chapter 19 of the Wisconsin Statutes and as otherwise allowed by law.

SECTION 10: EFFECTIVE DATE

This Ordinance is effective upon publication or posting. The Town Clerk shall properly publish this ordinance as required under s. 60.80, Wis. Stats.

The Town of Grant voted to adopt this Ordinance on May 10, 2023.

Outdoor Woodburner 05-11-2011

OUTDOOR WOODBURNER ORDINANCE NO. 2011-01

The town board of the Town of Grant, Portage County, Wisconsin, by the ordinance, adopted on proper notice with a quorum vote of a majority of the town board present and voting adopted, at the Town of Grant Monthly Board Meeting on May 11, 2011, Outdoor Wood Burner Ordinance #2011-01, to take effect June 1, 2011.

The purpose of this Ordinance is to protect the health, safety and welfare of the residents of the Town of Grant by requiring that outdoor wood burner furnaces and outdoor wood burner furnace systems are properly located, installed and maintained consistent with the terms and conditions of this Ordinance.

Since this ordinance is unique to other ordinances within the Town, in that it only applies to high density residential zoning districts, expansion of this ordinance to additional zoning districts will require a Public Hearing prior to enactment.

A copy of the full text of Outdoor Wood burner Ordinance #2011-01 may be obtained at the Transfer Station at 8840 Griffith Ave., Wisconsin Rapids, from Transfer Station attendant, by calling the Town Clerk at 715-423-9193, or viewed at the Town of Grant Hall at 9011 County Road WW, Wisconsin Rapids.

Dated June 1st, 2011

Plan Commission 10-11-2004

Town of Grant Plan Commission Ordinance

The Town Board of the Town of Grant, Portage County, Wisconsin, does ordain as follows:

Section 1. Title

This ordinance is entitled the "Town of Grant Plan Commission Ordinance."

Section 2. Purpose

The purpose of this ordinance is to establish a Town of Grant Plan Commission and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the Town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.

Section 3. Authority; Establishment (5-Member)

The Town Board of the Town of Grant has been authorized by the Town meeting under sec. 60.10(2)(c), Wis. Stats., to exercise village powers and the Town has a population of less than 2,500, according to the most recent regular or special federal census, sec. 990.01 (29), Wis. Stats. The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the "Town Planning Agency" under secs. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance.

Section 4. Membership (5-Member)

The Town of Grant's Plan Commission will consist of five members who shall be persons of recognized

experience and qualifications.

Section 5. Appointments

The Town Board Chairperson shall appoint the members of the Plan Commission during the month of May to fill any expiring term. The Town Board Chairperson may appoint himself or herself or another Town Board member to the Commission and may appoint one other town elected or appointed official to the Commission. Other Commission members shall consist of 3 or more citizens members who are not town officials. Any citizen appointed to the Plan Commission shall take and file the oath of office within five (5) days of notice of appointment, as provided under secs. 19.01 and 60.31, Wis. Stats.

Section 6. Terms of Office (With Citizen Member Terms Staggered)

The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of 3 years, ending on May 31, or until a successor is appointed and qualified.

Initial Terms The citizen members initially appointed to the Plan Commission shall be appointed for staggered terms.

Town Board Member or Town Board Chairperson.  The Plan Commission member who may be a Town Board member or Town Board Chairman, shall serve for a period of two (2) years, as allowed sec. 66.0501(2) Wis. Stats., concurrent with his or her term on the Town Board, except an initial appointment made after May 31 shall be for a term that expires two (2) years from the previous May 31.

Section 7. Vacancies

A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.

Section 8. Compensation; Expenses

The Town Board of the Town of Grant hereby sets a per diem allowance per meeting for members and secretary as a non-voting member of the Plan Commission, as allowed under sec. 66.0501(2), Wis. Stats. In addition, the Town Board may reimburse reasonable costs and expenses, as allowed under sec. 60.321, Wis. Stats.

Section 9. Experts & Staff

The Plan Commission may, under sec. 62.23(1), Wis. Stats., employ experts and staff, and pay for their services and necessary and proper expenses, within the limits of any appropriation made to the Commission by the Town Board for such purposes, and subject to Town Board ordinances and resolutions.

Section 10. Rules; Records

The Plan Commission, under sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its business,

subject to Town ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record under secs. 19.21-19.39, Wis. Stats.

Section 11. Chairperson & Officers

• The Plan Commission Chairperson shall be appointed and serve a term as provided in sections 5 and 6 of this ordinance. The Chairperson shall, subject to Town ordinances and Commission rules, provide leadership to the Commission, preside at Commission meetings and hearings, set meeting and hearing dates and agendas, and ensure that the laws are followed.
• Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.
• The Town Board appoints a non-Plan Commission person as a non voting member as secretary or the Plan Commission shall elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., one of its members to serve as secretary,

Section 12. Commission Members as Local Public Officials

All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities, as provided in the oath of office, sec, 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: Public Records, sec. 19.21-19.39; Code of Ethics for Local Government Officials, secs. 19.42, 19.58 & 19.59; Open Meetings, sec. 19.81-19.89; Misconduct in Office, sec. 946.12; and Private Interests in Public Contracts, sec. 946,13. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

Section 13. General & Miscellaneous Powers

The Plan Commission, under sec. 62.23(4), Wis. Stats., shall have the power:

• Necessary to enable it to perform its functions and promote Town planning.
• To make reports and recommendations relating to the plan and development of the Town to the Town Board, other public bodies, citizens, public utilities and organizations.
• To recommend to the Town Board programs for public improvements and the financing of such improvements.
• To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.
• For itself, its members and employees, in the performance of their duties, to enter upon land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land, except to the extent that the private land is held open to the general public, without the permission of the landowner or tenant or an inspection warrant issued for cause under 66.0119 of Wis. Stats., or other court-issued warrant.

Section 14. Town Comprehensive Planning; General Authority & Requirements

The Plan Commission shall make and adopt a comprehensive plan under secs. 62.23 and 66.1001, Wis. Stats., Plan which contains the elements specified in sec. 66.1001(2), Wis. Stats, and follows the procedures in sec. 66.1001(4), Wis. Stats.

Section 15. Effective Date

Following passage by the Town Board, this ordinance shall take effect the day after the date of publication or posting as provided by sec. 60.80, Wis. Stats.

Adopted this 11th day of October 2004.

Protecting Town Water Supply 07-09-2002

AN ORDINANCE PROTECTING TOWN WATER SUPPLY

WHEREAS, it is in the public interest and welfare to establish an ordinance protecting the water supply of Town residents; and,

WHEREAS, the Town finds it necessary to exercise its police powers as the same are authorized by the laws of the State of Wisconsin; and,

WIIEREAS, the Town wishes to exercise its general powers relating to the preservation of water supply, groundwater protection and to otherwise encourage the protection of groundwater resources for the health, welfare and safety of the Town's residents;

NOW, THEREFORE, the Town Board of the Town of Grant, Portage County, does ordain as follows:

SECTION 1

APPLICABILITY

This ordinance shall regulate test wells or permanent wells within the Town intended .o be used as part of a community water system, a municipal water system, a public water system, or a high capacity water system as the same are defined herein. The purpose of this ordinance is to:

1. Provide advance notice of the installation or construction of a test well or permanent well for the previously described systems; and
2. To provide security to protect Town residents against injury caused by the installation or operation of a test well or permanent well as defined herein.

SECTION II
DEFINITIONS

For the purpose of this Ordinance, the following terms are defined:

1. Adequate Water Supply. A water supply which has a yield, where obtainable, and the pump capacity to provide the quantity of water which is reasonably necessary to maintain use for drinking, culinary, personal hygiene, and other purposes for which the water is reasonably intended to be used. This ordinance is intended to maintain rather than increase the existing water supply of Town residents.
2. Community Water System. As defined in the Wisconsin Administrative Code wnich is incorporated herein as if fully set forth.
3. Contaminant. Any matter which may render water bacteriologically or chemically impure or turbid so as to make it unfit for human consumption.
4. Distributive System. All pipes or conduits by which water is delivered to consumers or municipalities located outside the Town boundaries, except piping inside buildings served and service pipes from a building to a distribution main or pipe.
5. Drawdown. The extent of lowering the water level or water pressure in impacted private wells when water is pumped or flows from wells subject to regulation pursuant to the terms of this Ordinance.
6. Drawdown Radius. The area including all wells anticipated to be or after testing, demonstrated to be impacted by the installation and operation of wells subject to regulation by this ordinance.
7. Groundwater. Subsurface water which is within the zone of saturation, including but not limited to, perched water tables, shallow regional groundwater tables and aquifers or zones that are seasonally, periodically, or permanently saturated.
8. Groundwater Source. All groundwater obtained from horizontal collectors, '‘.._..Ailtration lines, springs and dug, drilled, or other types of test wells or permanent wells.
9. High Capacity Water Supply or System. As defined in the Wisconsin Administrative Code which is incorporated herein as if fully set forth.
10. Living Unit. A domicile located within the Town's boundaries.
11. Municipality. Any City, Town, Village, County, County Utility District, Town Sanitary District, Town Utility District, School District or Metropolitan Sewage District or any other public entity created under Wisconsin law and having authority to collect, obtain, store, treat or convey water for domestic, commercial or industrial use.
12. Municipal Water System. As defined the Wisconsin Administrative Code which is incorporated herein as if fully set forth.
13. Person. An individual, corporation, company, association, cooperative, trust, institution, partnership, state, municipality, or federal agency.
14. Private Water Supply. One or more sources of groundwater, including facilities for storage and conveyance of groundwater, such as wells, springs, pumps, pressure tanks and reservoirs, on one property, other than those serving a public water system.
15. Public Water System. As defined by the Wisconsin Administrative Codc which is incorporated herein as if fully set forth.
16. Specific Capacity. The continuous yield of a well at a given well water or pressure drawdown expressed in gallons per minute, per foot of drawdown.
17. Supplier of Water. Any person who owns or operates a public water system.
18. Utility. A public utility as defined in Chapter 196 of the Wisconsin Statutes as the same may be modified or amended.
19. Waterworks or Water System. Any facility installed or constructed to obtain, store, treat, or convey water for drinking or domestic, commercial, or industrial use for a public water system.
20. Well. An excavation or opening into the ground made by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater. This definition applies to all wells, whether for test purposes or for permanent use.
21. Well Driller. Any person, firm, or corporation, whether private or public, employed in obtaining groundwater from a well by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater.
22. Yield. The quantity of water which may flow or be pumped from the well per unit of time.

SECTION III

NOTICE REQUIREMENTS

1. No test well, permanent well or modification to or reconstruction of any existing well shall be constructed in the Town if such well is intended as part of a community water system, a municipal water system, a public water system, or a high capacity water system, unless written notice of such well and its intended use is given to the Town at the earliest of:
2. Within ten (10) days of the submission of preliminary plans and specifications to the Wisconsin Department of Natural Resources under; or
3. Sixty (60) days prior to the commencement of any test or permanent well construction.

2. Said notice shall be provided to the Town Cleric and shall contain the following information:
   2. The name of the supplier of water and/or owner of the well;
   3. The type of water system for which the well will be used;
   4. The location of the well and the name of the owner of the site location;
   5. The description and location of the distribution system for the water system, identifying affected roads, rights-of-way, and easements to be utilized in transporting the water to its ultimate use;
   6. The name and address of the well driller;
   7. Identification of all existing wells, public, private, municipal, community and/or high capacity within the greater of:
      2. A two (2) mile radius of the projected well; or
      3. The drawdown radius of the projected well.
   8. The estimated specific capacity of the well, whether a test or permanent well;
   9. The estimated yield of the test and/or permanent well(s), utilizing calculations based on per minute yields, per day yields, and annual yields;
   10. The groundwater source to be utilized by the well;
   11. The estimated time from completion of the permanent water supply and distribution systems;
   12. The estimated useful life of the well and water system; and
   13. The contact person having authority to respond to inquiries regarding the application.

3. In all events, the Town reserves the right to require well surveys to identify the status of existing area wells prior to testing or operation of any well subject to regulation by this Ordinance. Installation of test wells at certain locations as determined by the Town Board and the monitoring of test wells by the Town Board Designee.
4. Any information identified above which is not available at the time of the required submission of the Notice shall be supplied immediately as the same becomes available or determinable. The Notice required by this Section shall be in addition to any and all reports, applications and/or Notices required elsewhere in any Town ordinance applicable to wells or the location of wells. The applicant shall be responsible for supplementing or updating the submitted application as new information is obtained or as circumstances change.

SECTION IV

REPORT FILING - FILING FEES

1. The plans and specifications for construction, modification or reconstruction for all water distribution systems located or to be located within the Town shall be filed with the Town Clerk one hundred eighty (180) days prior to commencement of construction of any such distribution system or portion thereof. The information to be submitted shall include specification of the size, type and exact location of the distribution system and its appurtenances and shall indicate whether such is to be located within private or public lands and shall indicate the owners of all lands upon which the system shall be located.
2. If the water system proposed or under construction is a reviewable project under the Wisconsin Administrative Code, copies of any and all reports required to be filed with the Department of Natural Resources shall simultaneously be filed with the Town Cleric.
3. The plans and specifications for all water distribution systems described in Paragraph 1 above shall be accompanied by:
   1. An application and inspection fee of $50.00 plus all additional costs and expenses reasonably incurred by the Town in connection with review of the application, inspection and ;
   2. A performance bond in an amount which the Town Board determines to be reasonably necessary to secure the proper performance and completion of the construction of the relevant water distribution systems located within the Town. Said bond shall be determined in light of the nature of the improvements and the contents of the plans and specifications filed with the Town Clerk as set forth in Section 1 above.

SECTION V

COSTS INCIDENT TO WELL CONSTRUCTION

1. The provisions of this and any other Town ordinance notwithstanding, each well owner and supplier of water subject to this Ordinance shall. be solely responsible for all costs of repairs to roads, public right-of-ways, topography or other surfaces or locations damaged or disturbed in any manner due to the construction of any well and/or water distribution system servicing a community water system, municipal water system, public water system and/or high capacity water system.

2. The well owner and water supplier shall be solely responsible for obtaining the necessary easements, public or private, for location of the well and distribution system and for conformance to all Town, State and Federal requirements governing the same. The Town Board may limit and/or regulate the location of wells and distribution systems in conformance with applicable zoning ordinances and uses allowed in accordance therewith.

SECTION VI

GROUNDWATER PROTECTION FUND

1. The existence of wells servicing community water systems, municipal water systems, public water systems and/or high capacity water systems in the Town may have future adverse effects on the groundwater and groundwater sources utilized by Town residents. Protection of groundwater and groundwater sources is necessary for the maintenance of the health, welfare, and economic well-being of the Town and its residents. There presently exists the scientific knowledge and expertise necessary to reasonably determine the effect of such wells on prior, existing, normal capacity private wells and the groundwater sources for such private wells. To protect Town property owners from adverse effects of the existence and location of community, public, municipal and/or high capacity wells in the Town, and to provide for reasonable compensation for any losses which may be incurred thereby, there is hereby established a Groundwater Protection Fund, to be administered as set forth herein.
2. A special permit shall be required prior to the installation and operation of all wells servicing community, municipal, public and/or high capacity water systems located within the Town. An applicant for a special permit shall submit his or her request on forms to be supplied by the Town Clerk.
3. There shall be imposed upon all wells servicing community, municipal, public and/or high capacity water systems an initial special permit fee payable to the Town prior to the installation of said permanent well in an amount of Fifteen Thousand and no/100 Dollars ($15,000.00) plus such amount as is reasonably expected by the Town to be required to pay the damages identified in this Section.

The initial special permit fee shall be utilized to fund a study to determine the estimated drawdown radius of the proposed well. Said study shall be prepared by a competent engineer of the Town's choice in the event the cost of the study exceeds the amount of initial special permit fee specified herein, such additional expense shall be charged to the applicant.

1. The estimated drawdown radius ("EDR") shall specify the limits of the area within which the drawdown is estimated to be one (1) foot or greater during maximum pumpage of the proposed well on a continuous basis for a period of thirty (30) days. Said area shall be designated the cone of depression ("CD").
2. All private wells within the CD shall be identified. Written notice shall be given to the owner of each well within the CD of the proposed well and permission sought for access to such well to undertake the following survey. The survey shall consist of:
   1. Type of well;
   2. Depth of well;
   3. Screen length;
   4. Dept of groundwater;
   5. Specific yield; and
   6. Water sample - to be tested for bacteria, alkalinity, nitrates, iron, chloride and manganese.
3. The survey required pursuant to the terms of this section shall be undertaken by a competent engineer of the Town's choice. The expense of surveys required by this section shall be charged to the applicant.
4. In the event no private wells are located within the CD of the proposed well, the applicant shall be relieved from further obligations imposed by this Ordinance for so long as no private wells are so located. Development of vacant property within the CD and construction of a private well intended for residential use on site will subject wells initially subject to regulation by this Ordinance to the rules and obligations created by the "Groundwater Protection Fund" created by this Ordinance.
5. In the event any private well is located or a private well is intended for residential use on site becomes located within the CD, there shall be imposed upon all wells servicing community, municipal, public and/or high capacity water systems an annual operation permit fee payable to the Town no later than February 1 of the year following each year, or fraction thereof, that such a well is operating in the CD, in the amount of One Thousand and no/100 Dollars ($1,000.00) plus an amount sufficient to pay any damages provided for by this section but not available to disbursement of the initial special permit fee, together with any costs or expenses incurred in the administration of this Groundwater Protection Fund in excess of One Thousand and no/100 Dollars ($1,000.00) for the permit year or fraction thereof.
6. Private wells owned by the applicant shall be exempt from the provisions of this Ordinance for so long as they remain in the ownership of the applicant, its successors and assigns.
7. The initial special permit fees and annual operation permit fees shall be deposited into an account known as the "Groundwater Protection Fund" to be administered as follows:
   1. The Town shall establish and maintain a separate account for monies administered under this Ordinance. Deposits into and distributions from said account shall be limited to those purposes authorized herein.
   2. Distributions are to be made from the Groundwater Protection Fund to well owners who incur damages or expenses as a result of any adverse effect(s) created by wells subject to the jurisdiction of this Ordinance. Such damages or expenses shall include, but are not limited to, those resulting from the following:

1. 1. 1. Contamination of water supply;
      2. Depletion of groundwater sources resulting in the drawdown of wells;
      3. Depletion of groundwater sources resulting in a significant lowering of well water pressure in wells;
      4. Such other and similar expenses or damages reasonably shown to have been caused by wells regulated under this Ordinance.
2. Any damages or expenses found to be compensable under "B" above which occur within the greater of a two (2) mile radius or the drawdown radius shall be presumed to have been caused by the operation of the community, public, municipal and/or high capacity well. Damages or expenses incurred by well owners outside the two (2) mile radius area may be compensable under this section if sufficient evidence is presented to reasonably establish a causal connection between the damage or expense and the community, municipal, public and/or high capacity well. The presumptions set forth above may be rebutted by clear and satisfactory evidence presented by hearing before the Town Board.
3. Compensable damages or expenses payable to existing well owners pursuant to the terms of this shall also apply to new wells constructed in the impacted area after the construction of the regulated well except that the distributee of the Fund shall not be entitled to compensation equivalent to the cost of the construction of a well which could have been installed but for the added requirements created by the drawdown caused by the regulated well.
4. Distributions from the Groundwater Protection Fund shall be made upon the submissions by the well owner of evidence of damages or expenses incurred, or to be incurred. The private well owner's submission shall include two bids identifying the work required and the cost thereof. Compensable expenses shall be limited to the following:
   1. Obtaining an alternate water supply for a maximum period of one (1) year after the date of the written request for a distribution from the Groundwater Protection Fund, or until a replacement water supply has been obtained.
   2. A replacement water supply.
   3. Equipment used for treating the contaminated water supply only if it is not feasible to remedy the contamination with a replacement water supply.
   4. Other costs as deemed necessary by the Town Board to accomplish the purposes of this Ordinance.
   5. Future costs incurred by impacted well owners ^-for replacement of the original equipment or services required to remedy the drawdown caused by a regulated well except that such replacement costs shall be limited to the difference between the cost of a system as was in existence prior to operation of the regulated well compared to the cost of a system required due to the drawdown caused by the regulated well.
5. Distribution from the Groundwater Protection Fund shall not be made for the following ineligible costs:
6. The replacement of a sand point well with a drilled well unless:
   1. the Town Board determines that replacement with another sand point well is not feasible or in accordance with current State of Wisconsin Department of Natural Resources and Department of Labor and I-Iuman Relations Codes-Regulations; and
   2. the Town Board determines that the claimant had no knowledge or reason to believe the sand point well would become contaminated at the time it was constructed; and
   3. the well serves a principal residence.

1. Any costs incurred prior to the date of this Ordinance.
2. The cost of the replacement well greater than the estimated reasonable cost of a well seven (7) inches in diameter. That is, the cost for a replacement well in excess of the estimated cost of a well greater than seven (7) inches in diameter shall be deemed ineligible:
3. A replacement well screen greater than ten (10) feet in length.
4. Any consulting or cost estimate fees in excess of $100.00.
5. Relocation, replacement or abandonment of buried gasoline or fuel oil tanks, or similar items.
6. Mileage, phone, postage, and other miscellaneous costs incurred by the claimant in excess of $100.00.
7. Any other well construction costs which exceed the dollar limits set forth in the Wisconsin Administrative Code.
8. In the event the distribution is for the replacement of the equipment or services set forth in Sec. 6.4D, then no costs as delineated in Subsection 5 or 7 herein shall be reimbursed.
9. Distributions from the Groundwater Protection fund shall be in addition to, and not in lieu of, other compensations which may be available to a well owner, but in no case shall distributions be made for other than actual damages and/or expenses for which compensation or reimbursement has not been received from another source.
10. Nothing in this Ordinance or the Groundwater Protection Fund created hereunder shall be deemed to be a property right of a property well owner. Distributions from the Groundwater Protection Fund are qualified by and limited to available monies. Nothing contained herein shall obligate the Town to maintain a fund in amounts sufficient to compensate private well owners.

SECTION VII

EMERGENCY WATER PROVISIONS

The Town Board shall have authority under this Ordinance to require a special permitee to provide emergency water supplies to Town residents, including farms for livestock use, in all cases where it is reasonably determined by the Town Board that the operation of the community, municipal, public and/or high capacity water system has depleted, contaminated, or has otherwise caused the loss of an adequate water supply. The exercise of the emergency powers herein are in addition to all other powers granted to the Town Board under this Ordinance or as authorized by law.

SECTION VIII

NON-EXCLUSIVITY

Adoption of this Ordinance does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters. The jurisdiction and duties defined herein shall not preclude the "town Board or any other Town officer from proceeding under any ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

SECTION IX

MEASUREMENT OF DRAWDOWN

In the event a well is constructed, modified or reconstructed, drawdown monitoring wells shall be maintained by the-well owner at test well locations within a two (2) mile radius of the constructed, modified or reconstructed well, such that the drawdown can be measured at any given date and time. Drawdown measurements shall be made by the well owner upon request by the Town and the results shall be furnished to the Town, with verification of results made by the Town's engineer, such measurements, results and verification to be at well owner's expense.

SECTION X

ENFORCEMENT

The Town Board shall have the authority to institute the appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Ordinance. Enforcement remedies created by this Ordinance are cumulative and shall be in addition to all other remedies available under the law. Any person who violates any provision of this Ordinance or any other, rule, or regulations promulgated shall, upon conviction, be fined not less than One Hundred and no/100 Dollars ($100.00) nor more than One Thousand and no/100 Dollars ($1,000.00), for each offense, together with the costs of prosecution. Each day that a violation continues shall be considered a separate offense.

SECTION XI

INTERPRETATION

The provisions of this Ordinance shall be considered minimum requirements. Where the provisions of this Ordinance impose greater restrictions than any statute, other regulation, ordinance, or covenant, the provisions of this Ordinance shall prevail. Where the provisions of any statute, other regulation, ordinance, or covenant impose greater restrictions than the provisions of this Ordinance, the provisions of such statute, other regulations, ordinance or covenant shall prevail.

SECTION XII
SEVERABILITY

If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provision or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION XID

EFFECTIVE DATE

This Ordinance shall take effect and be in force upon its passage and publication as provided by law.

Passed and adopted this 9th day of July 2002 by the Town Board of the Town of Grant, Portage County, Wisconsin.