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VILLAGE BOARD AGENDA (REGULAR) – AUGUST 4TH 2026 - Page 1 of 2 Village of Hobart – www.hobartwi.gov Village Office - 2990 South Pine Tree Road, Hobart, WI Notice is hereby given according to State Statutes that the VILLAGE BOARD of the Village of Hobart will meet on Tuesday August 4th 2026, at 6:00 P.M. at the Village Office (2990 South Pine Tree Road). NOTICE OF POSTING: Posted July 31st 2026, at the Hobart Village Office and on the village website. MEETING NOTICE – VILLAGE BOARD (Regular) Date/Time: Tuesday August 4th 2026 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) Village Board of Trustees: Richard Heidel (President), David Dillenburg, Vanya Koepke, Tammy Zittlow, Melissa Tanke. All agendas and meeting packets can be found on-line at https://www.hobartwi.gov/village-board. ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. 2. Certification of the open meeting law agenda requirements and approval of the agenda 3. Pledge of Allegiance 4. PUBLIC HEARINGS A. PUBLIC HEARTING - Ordinance 2026-09 (AN ORDINANCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING)) (Page 3) The purpose of this Ordinance is to modi fy the definitions for both in-home and commercial childcare facilities so as to be in compliance with state regulations. The only notable change t hat would affect the Village would be the increase in the number of children permitted in a home-based childcare establishment. B. ACTION on aforesaid agenda item C. PUBLIC HEARING - Ordinance 2026-10 (AN ORDINANCE AMENDING SEC TION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING)) (Page 26) The purpose of this Ordinance is to allow the Site Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. D. ACTION on aforesaid agenda item 5. CONSENT AGENDA (These items may be approved on a si ngle motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices (Page 30); B. VILLAGE BOARD: Minutes of July 21st 2026 (Regular) (Page 33) 6. ITEMS REMOVED FROM CONSENT AGENDA 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit comments to no more than 3 minutes) 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS A. INFORMATION 1. Hobart-Lawrence Police Department 2nd Quarter Report (Page 38) 2. June SNBT Investment Report (Page 56) VILLAGE BOARD AGENDA (REGULAR) – AUGUST 4TH 2026 - Page 2 of 2 9. COMMITTEE REPORTS AND ACTIONS 10. OLD BUSINESS A. DISCUSSION AND ACTION - ORDI NANCE 2026-11 (AN ORDINANCE TO CR EATE ARTICLE VI (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) OF CHAPTER 264 (VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) (Page 77) The purpose is to promote the safe and lawful operation of bicycles, electric bicycles, scooters, and electric scooters upon public streets, sidewalks, trails, parks, parking lots, and other public property; to protect pedestrians and other lawful users of public ways; to reduce conflicts between users of public facilities; and to supplement applicable provisions of the Wisconsin Statutes. B. DISCUSSION AND ACTION - ORDINANCE 2026-14 (AN ORDINANCE REPEALING AND RECREATING CHAPTER 255 (TREES)) (Page 85) The purpose of this ordinance is to upd ate the current Tree ordinanc e to remove the Village fr om becoming involved in private matters involving the maintenance and/or of trees, as well as remove sections from the current code. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Proposed Data Center Ordinance (Page 96) In July, the Village Board passed a one-year moratorium on the on the development of a Data Center in the Village, allowing time to draft and approve an Ordinance to regulate any su ch development through the Zoning Code. Tonight, staff will present the first draft of a proposed Data Center Ordinance, which would replace Article XXXVI (Temporary Moratorium on Data Center Development). It is our recommendation that the proposed Ordinance be sent to the Village Attorney for legal review and then to the Planning and Zoning Commission for their review, discussion and recommendation in August. B. DISCUSSION - Items for future agenda consideration or Committee assignment C. ADJOURN to CLOSED SESSION: 1. Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating t he purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. RE: Possible Trail Agreement with the Oneida Nation 2. Under Wisconsin State Statute 19.85 (1) (g): Conferring with legal coun sel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation D. CONVENE into open session. E. ACTION from closed session. 12. ADJOURN ____________________________ Aaron Kramer, Village Administrator UPCOMING BOARD MEETINGS Tuesday August 18th 2026 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday September 1st 2026 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday September 15th 2026 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) NOTE: Page numbers refer to the meeting packet. A ll agendas and minutes of Village meetings are online: www.hobartwi.gov. Any person wishing to attend, who, because of their disability, requires special accommodation, should contact the Village Clerk’s office at 920-869-1011 with as much advanced notice as possible. Notice is hereby given that action by the Board may be considered and taken on any of t he items described or listed in this agenda. There may be Board members attending this meeting by telephone if necessary. VILLAGE OF HOBART - NOTICE OF PUBLIC HEARING AUGUST 4TH 2026 (6:00 PM) 2990 South Pine Tree Road, Hobart WI 54155 The Hobart Village Board will hold the following Public Hearing on Tuesday August 4th 2026 at 6:00 p.m. at the Village Office (2990 South Pine Tree Road, Hobart WI 54155) for the purpose of gathering input on the following:  Ordinance 2026-09 (AN ORDINA NCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING)) - The purpose of this Ordinance is to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments.  Ordinance 2026-10 (AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING)) - The purpose of this Ordinance is to allow the Si te Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. The materials for the hearing will be available on the Village website at www.hobartwi.gov/village-board and at the Village office for public inspection starting July 24 th 2026 during regular office hours. Office hours are Monday through Thursday from 7:30 a.m. to 4:00 p.m. and Friday from 7:30 a.m. to 11:00 a.m. The Village Board will take comments from the public and act on t he proposed item at the board meeting immediately following the public hearing. Lisa Vanden Heuvel, Hobart Village Clerk Published July 24 th 2026 PAGE 3 TO: Planning & Zoning Commission RE: Discussion and action on request to modify / amend Section 295-8: Definitions of Chapter 295 of the Zoning Code pertaining to Child Care Facilities FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: July 6, 2026 GENERAL INFORMATION The State of Wisconsin is amending portions of Wisconsin Administrative Code 250 pertaining to the regulations of family and group child care centers. To stay compliant with the State Administrative Code, the Village of Hobart needs to amend the definitions in the Village Zoning Code Section 295-8 for child care establishments. BACKGROUND With the recent approval of multiple amendments to Wisconsin Administrative Code 250 regulating child care establishments, Village Staff is proposing to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments from a maximum of 8 to 12 children. The attached exert from Wis. Admin. Code 250 contains multiple areas that are highlighted, but those are changes between the new code and the old code. The section highlighted in green is the portion that we would need to modify our ordinance to be in compliance with the state. The other changes to the definitions in the Village Zoning Code are just a clean up of words to better suit today’s uses. Since this is an amendment to Chapter 295, Village Zoning Code, any amendment / modification would require a public hearing and review by both the Planning & Zoning Commission and the Village Board. RECOMMENDATION/CONDITIONS Approve the proposed modifications to Section 295-8 of the Village Zoning Code and forward to the Village Board for review. ISSUE: Discussion and action on request to modify / amend Section 295-8: Definitions of Chapter 295 of the Zoning Code pertaining to Child Care Facilities RECOMMENDATION: Staff recommends the approval of the proposed modifications PAGE 4 295-8 Definitions - Existing DAY-CARE CENTER, GROUP A licensed establishment for the care and supervision of nine or more children under seven years old for more than four and less than 24 hours a day for more than 10 days a month. DAY-CARE HOME, FAMILY A licensed establishment for the care and supervision of one to eight children under seven years old for more than four and less than 24 hours a day for more than 10 days a month. Proposed CHILD CARE CENTER, GROUP A facility that is licensed by the State of Wisconsin that provides care and supervision of nine or more children under the age of 18 for less than 24 hours a day. CHILD CARE CENTER, HOME A dwelling that is licensed by the State of Wisconsin where a person resides in the residence and provides for the care and supervision of one to twelve children, who are not related to the provider, for less than 24 hours a day. PAGE 5 PAGE 6 PAGE 7 PAGE 8 PAGE 9 PAGE 10 PAGE 11 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 1 of 14 ORDINANCE 2026-09 AN ORDINANCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING) Purpose: The purpose of this Ordinance is to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 8 (Definitions) of Article III (Terminology) of Chapter 295 (Zoning) is hereby recreated and amended to read as follows: § 295-8. Definitions. Certain words and terms in this chapter are to be interpreted as defined herein. Certain words and terms in this chapter are to be interpreted as defined herein. ACCESSORY BUILDING An uninhabited, subordinate structure exceeding 150 square feet in area, attached or detached to the principal structure, the use of which is incidental to and customary in conjunction with the principal use of the structure (e.g., garages, carports, and other similar buildings used for the storage of common household supplies, equipment and vehicles). ACCESSORY USE A subordinate use which is incidental to and customary in conjunction with the principal structure or use and which is located on the same lot with such principal structure or use. ADVERTISING DEVICE Any advertising sign, billboard, statuary, or pos ter panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises. AGRICULTURE The science and practice of the cultivation of the soil. AIRPORT Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport PAGE 12 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 2 of 14 facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces. ALLEY A public or private right-of-way primarily designed to serve as secondary access to abutting properties. ARTIFICIAL LAKE A man-made body of water utilized for recreational or conservational purposes. ATTIC The vertical cross-sectional space created within and/or bounded by the roof structure and the floor/ceiling line of the story below. This cross-sect ional space will have no exterior wall planes extending above the attic floor to the underside of the roof structure except as necessary to enclose the ends of a gable or gambrel roof. AUTO WRECKING YARD Any premises on which more than one automotive vehicle, not in running or operating condition, is stored in the open. AUTOMOBILE A road vehicle powered by an internal combustion or electric motor with a maximum gross vehicle weight of 10,000 pounds intended primarily for t he transporting of a person or persons (examples include but not limited to cars, passenger vans, pickup trucks, mopeds, motorcycles etc.); excluding all-terrain vehicles. AUTOMOBILE SALES Premises on which new or used passenger automobiles or light trucks in operating condition are displayed for sale. BASEMENT That portion of any structure located below the first floor or ground floor with its entire floor below grade. BLOCK A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways or municipal boundary lines. BOARDINGHOUSE (LODGING HOUSE) A building or premises, other than a hotel, containing lodging rooms accommodating for compensation, four or more persons not of the keeper's family. Lodging may be provided with or without meals. BUILDING Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building. BUILDING HEIGHT The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of a ceiling in the case of a flat roof, to the deck line of a mansard roof and to the average height between the eaves and the ridge of a gable, hip, or gambrel roof. PAGE 13 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 3 of 14 BUILDING SETBACK LINE A line located a stated distance from and parallel with a lot line or street right-of-way, including the nearest point to which a lot line or center line of a building may be erected. BUILDING, ATTACHED One which is joined to another dwelling at one or more sides by a party wall or walls. BUILDING, DETACHED One which is entirely surrounded by open space on the same lot. BUILDING, TEMPORARY Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed. Manufactured homes used as residences shall not be classified as temporary buildings. They are further defined in the definition of "manufactured home." CAMPGROUND A tract or parcel of land on which space is provided for camping. Includes day and overnight camping. CANOPY (MARQUEE) A roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground and erected primarily to provide shelter from the weather. CAPACITY IN PERSONS OF AN ESTABLISHMENT OR USE The maximum number of persons that can avail themselves of the services (or goods) of such establishment at any one time, with reasonable safety and comfort, as determined by Chapter 121, Building Construction, or as may be determined by the Zoning Administrator/Building Inspector. CHILD CARE CENTER, GROUP A facility that is licensed by the State of Wisconsin that provides care and supervision of nine or more children under the age of 18 for less than 24 hours a day. CHILD CARE CENTER, HOME A dwelling that is licensed by the State of Wi sconsin where a person resides in the residence and provides for the care and supervision of one to twelve children, who are not related to the provider, for less than 24 hours a day. CLINIC, MEDICAL OR DENTAL An organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include in-patient care. 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. All organizations shall be recognized clubs or fraternities. COMMERCIAL FEEDLOTS An agriculture enterprise where livestock is purchased and raised and then sold to a buyer, feedlot, or slaughterhouse. COMMUNITY-BASED RESIDENTIAL FACILITY PAGE 14 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 4 of 14 A place where three or more unrelated adults reside, in which care, treatment, or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility and licensed by the Department of Health and Social Services under Wisconsin Statutes, § 50.01. COMPREHENSIVE PLAN The adopted Comprehensive Plan of the Village of Hobart (including any future amendments) that identifies where growth should occur, makes recommendations for future development in the Village through the use of text, tables, and maps, and includes a mechanism for the review and update of the plan on a regular basis. CORNER SIDE A yard extending along a side lot line from front yard to rear yard when said side lot line is parallel with a street right-of-way line. CORPORATE RETREAT A dwelling unit which is provided, with or without monetary compensation, by a business, company or corporation, including a nonprofit corporation, to paying or nonpaying guests (including but not limited to agents, customers, clients, consultants, employees, directors, executives or shareholders of the business, company or corporation) for a period of less than 28 consecutive calendar days. DORMITORY A communal-type living arrangement of four or more persons not related by blood, adoption, or marriage who share common kitchen, bath or rest room facilities. This definition includes, but is not limited to, shelter facilities, educational facility housing, rooming houses, boarding or lodging houses, community living arrangements, community-based residential facilities, seminary or similar institution. DRIVE-IN BUSINESS An establishment with street access, which provides no interior seating or service; or an establishment which allows for interior seating or service, but the majority of its business is conducted in the following manner: A. By means of a service window; B. In-car service; and C. Restaurant or confectioneries with carry-out counter. DWELLING A building, or portion thereof, excluding a manufactured home, hotel, motel, boardinghouses, and trailers designed or used exclusively for residential occupancy. DWELLING UNIT One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each "dwelling unit." DWELLING, MULTIPLE-FAMILY A building, or portion thereof, containing three or more dwelling units, each occupied exclusively by one family with the intent to use the structure as the principal place of abode. DWELLING, SINGLE-FAMILY A building designed for and occupied exclusively by one family with the intent to use the structure as the principal place of abode. PAGE 15 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 5 of 14 DWELLING, TWO-FAMILY A building designed for and occupied exclusively by two families with the intent to use the structure as the principal place of abode. EARTHEN BERM A vegetated/landscaped, elongated earthen mound used as a sound, sight and/or landscape barrier. ESTABLISHMENT, BUSINESS A place of business carrying out operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. FAMILY One or more persons, related by blood, adoption, domestic partnership, foster or ward relationship or marriage, living together in one dwelling unit as a single housekeeping unit, or up to five persons living and cooking together as a single housekeeping unit when not so related, provided that the number limitation of this provision shall not apply to the number of unrelated individuals authorized to reside in a community living arrangement consistent with § 62.23(7)(i), Wis. Stats. FARM Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. FARM POND A body of water utilized for the farm operation. FENCE A barrier made of wood, iron, stone or other inorganic material. FLOOR AREA (For determining off-street parking and loading requirements.) The sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas, located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities to the production or processing of goods, or to business or professional offices. However, "floor area," for the purposes of measurement for off-street parking spaces, shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, incl uding aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. FRONTAGE The length of all the property fronting on one side of a street between two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all property abutting on one side between an intersecting street and the dead-end of the street. FRONTAGE, ZONING LOT The length of all the property of such zoning lot fronting on a street, measured between side lot lines. FUR FARM Agricultural operation, where the major income is derived from the selling or sale of fur-bearing animals and/or pelts. PAGE 16 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 6 of 14 GARAGE, PRIVATE An accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on. GARAGE, PUBLIC AND STORAGE Any building or premises, other than a private garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold, or stored. GRADE The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. GROSS FLOOR AREA The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. GROUND FLOOR That level of a building or structure below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor at grade and a portion of its floor below grade. GROUP HOME Community living arrangements for the care and maintenance of five to eight children under 18 years of age, which are licensed child welfare agencies, as set forth in Wisconsin Statutes, § 48.02(7). HARD-SURFACED A driveway or parking lot surfaced with concrete, bituminous paving or other approved impervious surface. HEALTH AND MEDICAL INSTITUTIONS Institutions or organizations which provide specialized inpatient or outpatient medical and dental care. HEDGE A dense row of shrubs, etc., forming a boundary, fence, or barrier. HOME OCCUPATION An occupation or profession carried on by a residen t of the principal structure, provided all of the following are met: A. There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; B. There is no commodity sold upon the premises; C. No person is employed on site other than a member of the immediate family residing on the premises; D. No mechanical or electrical equipment is used, except such as is permissible for purely domestic or household purposes; E. No accessory building shall be used for such home occupation; F. Exterior alterations or modifications that change the residential character or appearance of the dwelling, accessory structures or the property itself are prohibited; G. There shall be no noise, vibration, glare, fumes, odor, electrical interference, or other such condition created by the home occupation that has any observable impact upon any location outside the principal structure where the home occupation is conducted. PAGE 17 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 7 of 14 HOTEL A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with or without cooking facilities in any individual room or apartment. INDUSTRIAL PARK A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations. JUNK (OR SALVAGE) YARD An area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk" or "salvage" yard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. KENNELS A lot or building in which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted on the property itself. LANDSCAPING MATERIALS Materials used to make a plot of ground more attractive and/or stable these materials may include, but are not limited to, trees, grasses, ground cover, vines, flowers, earthen berms, earth stabilization materials, rocks and stones, and wood chips. LOT A parcel of land having a width and depth sufficient to provide the space necessary for one principal building and its accessory building, together with the open spaces required by this chapter and abutting on a public street. LOT AREA, GROSS The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way. LOT GRADE The average of the finished lot elevation upon completion of construction and landscaping between the street right-of-way line and a perpendicular point on the front yard setback line. LOT LINE, FRONT That boundary of a lot which is along an existing or dedicated public street, or where no public street exists along a public way. LOT LINE, REAR That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. LOT LINE, SIDE Any boundary of a lot which is not a front lot line or a rear lot line. LOT OF RECORD PAGE 18 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 8 of 14 A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Brown County; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this chapter, and certified survey maps approved and recorded in the Register of Deeds' Office of Brown County. LOT WIDTH The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line. (See diagram in Illustrations on file in the office of the Village Clerk) LOT, CORNER A lot located at the intersection of two streets, the interior angle of such intersection not exceeding 135°. LOT, DEPTH OF The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, INTERIOR A lot other than a corner or reversed corner lot. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, REVERSED CORNER A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, THROUGH A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. (See diagram in Illustrations on file in the office of the Village Clerk.) On a "through lot," both street lines shall be deemed front lot lines. MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used for long-term residential use when connected to required utilities. MANUFACTURED HOME PARK A contiguous parcel of land containing two or more manufactured homes. MINI WAREHOUSE A business consisting of a building or group of buildings of varying sizes of individual compartmentalized and controlled access stalls, spaces or lockers which are rented to individuals for the storage of personal property. MOTEL Establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient guests; and where there is no permanent occupancy of any unit, except by the owner, his agent or his employees. MOTOR VEHICLES PAGE 19 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 9 of 14 A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway. NONCONFORMING STRUCTURE A dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. NONCONFORMING USE Any use of land, buildings, or structures, lawful at the time of the enactment of this chapter, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located. PARKING SPACE A graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley, exclusive of passageways, driveways, or other means of circulation or access. PARTY WALL A wall constructed between two attached units or rooms which may or may not be separately owned. PET BOARDING FACILITY A building in which dogs or cats are kept commercially for boarding and/or grooming, all of which are conducted on the property itself. PLANNED UNIT DEVELOPMENT A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and intended to permit diversification and variation in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects. (See diagram in Illustrations on file in the office of the Village Clerk.) PLAT or PLATTED LAND Land division created by the recording of a subdivision plat or certified survey map as per the requirements of the Brown County Subdivision and Platting Regulations. PRINCIPAL STRUCTURE OR USE One which determines the predominant use as contrasted to accessory use, building or structure. PROFESSIONAL OFFICE (except health care) The office of a member of a recognized profession , including the offices of ministers, architects, professional engineers, lawyers, and such other similar professional occupation, including the office of a charitable organization and including also an insurance or financial institution which conducts its activities principally by mail. PROFESSIONAL OFFICE (HEALTH CARE) The office of a member of a recognized health care professional licensed by Chs. 441 and 446 to 449 of the Wisconsin Statute. QUARRY/MINING, NONMETALLIC PAGE 20 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 10 of 14 A parcel of land used primarily for the extraction of limestone, dolomite, slate, or other similar materials, including the mining of nonmetallic minerals which is processed and sold or used for any purpose off site. This does not include the extraction or grading necessary for the development of a lot or parcel. RECREATIONAL VEHICLE A vehicle primarily used for leisure activities, including, but not limited to, trailers, boats with or without trailers, all-terrain vehicles and snowmobiles. For the purpose of this Code, "recreational vehicles" do not include four-wheel drive cars or trucks and motorcycles. RETAIL Sale of commodities and services directly to customers when such commodities and services are used or consumed by the customer and not purchased primarily for purpose of resale. RIGHT-OF-WAY A strip of land occupied or intended to be occupied for a special use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. The usage of the term "right-of-way" for land platted purposes shall mean that every right- of-way hereafter established and shown on a final plat is to be separate and distinct from the lot or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels. ROADSIDE STAND A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 300 square feet in ground area and limited to 10 feet maximum height. RURAL ROAD SECTION Road predominantly employing ditches for stormwater conveyance. SAND OR GRAVEL PIT A parcel of land used primarily for the extraction of sand, gravel, clay, silt, loam, muck, dirt, soil, and similar materials which are processed and sold or used for any purpose off site. This does not include the extraction or grading necessary for the development of a lot or parcel. SATELLITE DISH ANTENNA A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas." SETBACK AREA The minimum horizontal area between the front, side and/or rear line of the building or use, including porches, and the lot lines, or street right-of-way lines. SETBACK LINES Lines established adjacent to lot lines or street right-of-way lines for the purpose of defining limits within which any or certain buildings, structures, or uses may not be constructed, maintained or carried on, except as shown herein. PAGE 21 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 11 of 14 SETBACK, CORNER SIDE YARD The minimum horizontal distance between the side line of the building or use that runs perpendicular to the fronting street, and the side right-of-way line perpendicular to the fronting street. SETBACK, FRONT YARD The minimum horizontal distance between the front line of the building or use and the street right-of- way line. SETBACK, REAR YARD The minimum horizontal distance between the back line of the building or use, and the rear lot lines. SETBACK, SIDE YARD The minimum horizontal distance between the side line of the building or use, and the side lot lines; unless the side line of the building or use is parallel to a street, whereas it shall be a corner side yard setback. SHELTER FACILITY A temporary place of lodging for temporarily displaced individuals or families or other reasons. SIGN A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building, unless the content shall so indicate. (See diagram in Illustrations on file in the office of the Village Clerk.) SIGN, ADVERTISING A sign which directs attention to a business, commo dity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. (See diagram in Illustrations on file in the office of the Village Clerk.) SIGN, BUSINESS A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed. (See diagram in Illustrations on file in the office of the Village Clerk.) STOCK FARM An agricultural operation, usually non-dairying in nature, where livestock is raised to the required age or weight for slaughterhouse purposes or for sale to commercial feedlots. STORAGE UNIT Individual unit, cold storage only, and no business to be run out of unit. STORY That part of a building between any floor at or above grade and the floor next above, and if there be no floor above, then the ceiling above. A story shall not include a basement or a ground floor as defined in this chapter. PAGE 22 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 12 of 14 STREET A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings. STRUCTURAL ALTERATION Any change, other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. STRUCTURE Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having permanent location on the ground. TRANSIENT RESIDENTIAL OCCUPANT A person who is entitled to occupancy at any transient residential use. TRANSIENT RESIDENTIAL USE A dwelling unit in which the owner's paying guests or a corporate retreat's guests are entitled to occupancy for a period of less than 28 consecutive calendar days. UNIT A dwelling for a single family. URBAN ROAD SECTION Road predominantly employing curb and gutter to convey stormwater to a system of underground pipes for stormwater conveyance. USE, CONDITIONAL A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case of the impact of such use upon neighboring land, and of the public need for the particular use of the particular location, such "conditional use" may or may not be granted, subject to the terms of this chapter. USE, PERMITTED A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district. USE, PRINCIPAL The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted," "conditional" or "nonconforming." UTILITY STORAGE BUILDING An uninhabited, subordinate structure, not exceeding 150 square feet in area, attached or detached to the principal structure, the use of which is incidental to and customary in conjunction with the principal use of the structure (e.g., tool houses, sheds and other similar buildings used for the storage of common household supplies, equipment and vehicles). VARIANCE PAGE 23 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 13 of 14 A departure from the terms of this chapter as applied to a specific building, structure, or parcel of land which the Board of Appeals may permit when the Board finds that a literal enforcement of the provisions of this chapter will result in practi cal difficulty or unnecessary hardship, owing to circumstances unique to the individual property on which the variance is sought, or a literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is not compensating gain to the public health, safety and welfare. In no case shall a variance be granted to permit any use not permitted in a particular zone. VILLAGE The Village of Hobart. VILLAGE BOARD The governing body of the Village of Hobart. VILLAGE ZONING ADMINISTRATOR/BUILDING INSPECTOR The Administrator appointed by the Village Board to administer and enforce the provisions of this chapter. VISION CORNER The vision corner is formed by measuring 30 feet along each property line from the corner where the two street sides of the property meet. Connecting these two lines with a diagonal line completes the triangle and forms the vision corner. (See Corner Vision Triangle diagram in Illustrations on file in the office of the Village Clerk.) WAREHOUSE A large building in which goods, raw materials or commodities are stored or sold as wholesale. YARD An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except for vegetation. A "yard" ex tends along a lot line, and to a depth or width specified in the yard requirements for the zone the lot is located in. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, CORNER SIDE A side yard which adjoins a public street. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, FRONT A yard extending along the full length of the front lot line between the side lot lines. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, INTERIOR SIDE A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, REAR A yard extending along the full length of the rear lot line between the side lot lines. (See diagram in Illustrations on file in the office of the Village Clerk.) ZONING DISTRICT PAGE 24 ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 14 of 14 Divisions of the Village, each area being accurately defined to boundaries and locations on the Official Zoning Map and in the Zoning Ordinance, for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform. ZONING LOT An area within a single tract of land, under single ownership having a specific zoning district. A zoning lot may, therefore, not coincide with the lot of record and may be located on a parcel of land with two or more zoning districts. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 4 th day of August, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 4, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 25 TO: Planning & Zoning Commission RE: Discussion and action on request to modify / amend Section 295-365 Administration of Article XXXIII Site Review/Development and Design Standards of Chapter 295 of the zoning code pertaining to Site Plans and Site Review Committee FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: July 6, 2026 GENERAL INFORMATION The Village Site Review Committee and Village Staff are proposing a modification to Section 295-356 of the Village Zoning Code pertaining to the Administration of the Site Review/Development and Design Standards and the Village Site Review Committee. This request is related to allowing the Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. BACKGROUND With direction from the Village Site Review Committee, Village Staff drafted some new language in the ordinance to protect the Committee should there be a need to grant an exception from the regulations in the ordinance that the Committee follows when reviewing site plans for various developments/projects. Any such exception for a proposed project would need to display the “unique feature(s)” or the “unreasonable hardship” for the Committee to grant such an exception. Staff believes this provides the Committee with some comfort added protection when reviewing and possibly granting such an exception in the future. The added language relating to exceptions is noted as “E.” on the attachment. An example of a possible exception would be the need for 25% masonry on the building elevation facing a public street, but the building is located behind another existing building and roughly 400 feet setback from the roadway. Then it may be better for the development to reduce the masonry and use those cost savings to enhance the landscaping where it would be more visible from the street. The Village Site Review Committee reviewed this ordinance addition and recommended approval to the Village Planning & Zoning Commission. Since this is an amendment to Chapter 295, Village Zoning Code, any amendment / modification would require a public hearing and review by both the Planning & Zoning Commission and the Village Board. RECOMMENDATION/CONDITIONS Approve the proposed modifications to Section 295-356 of the Village Zoning Code and forward to the Village Board for review. ISSUE: Discussion and action on request to modify / amend Section 295-365 Administration of Article XXXIII Site Review/Development and Design Standards of Chapter 295 of the zoning code pertaining to Site Plans and Site Review Committee RECOMMENDATION: Staff recommends the approval of the proposed modifications PAGE 26 § 295-356. Administration. The administration of this article shall be vested in the following: Village Administrator, Zoning Administrator/Building Inspector, and Site Review Committee. A. It shall be the duty of the Village Administrator to be in charge of the day- to-day administration and interpretation of the development and design standards. Enforcement of these standards is charged to the Hobart Zoning Administrator/Building Inspector i n accordance with § 62.23(7), Wisconsin Statutes. B. The Site Review Committee shall consist of seven regular members, two of whom shall be Village Board members, and one alternate member. Village Board members shall serve as full voting members. All regular members shall be residents of the Village. [Amended 1-6-2015 by Ord. No. 01-2015] C. From time to time the design criteria may be amended, changed or deleted. Such action shall take place originating before the Site Review Committee in accordance with § 62.23(7), Wisconsin Statutes. D. Appeals. Unless otherwise provided herein, appeals to the requirements contained in these standards shall be heard by the Board of Appeals. E. Exceptions. When in the judgment of the SRC it would be inappropriate to apply literally a specific provision of this Chapter due to unreasonable hardship or unique features, the SRC may except all or a portion of such specific provision so that substantial justice may be done and the public interest secured. Any exception thus granted shall be entered in the minutes of the SRC setting forth the reasons which justified the exception. An exception granted for one project shall not be used as a sole reason for granting an exception for a different project. PAGE 27 ORDINANCE 2026-10 (ZONING CODE – SITE REVIEW COMMITTEE ADMINISTRATION) - Page 1 of 2 ORDINANCE 2026-10 AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING) Purpose: The purpose of this Ordinance is to allow the Site Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 356 (Administration) of Article XXXIII (Site Review/Development and Design Standards) of Chapter 295 (Zoning) is hereby recreated and amended to read as follows: § 295-356. Administration. The administration of this article shall be vested in the following: Village Administrator, Director of Planning and Code Compliance, and Site Review Committee. A. It shall be the duty of the Village Administrator to be in charge of the day-to-day administration and interpretation of the development and design standards. Enforcement of these standards is charged to the Hobart Director of Planning and Code Compliance in accordance with § 62.23(7), Wisconsin Statutes. B. The Site Review Committee shall consist of seven regular members, two of whom shall be Village Board members, and one alternate member. Village Board members shall serve as full voting members. All regular members shall be residents of the Village. C. From time to time the design criteria may be amended, changed or deleted. Such action shall take place originating before the Site Review Committee (SRC) in accordance with § 62.23(7), Wisconsin Statutes. D. Appeals. Unless otherwise provided herein, appeals to the requirements contained in these standards shall be heard by the Board of Appeals. E. Exceptions. When in the judgment of the SRC it would be inappropriate to apply literally a specific provision of this Chapter due to unreasonable hardship or unique features, the SRC may except all or a portion of such specific provision so that substantial justice may be done and the public interest secured. Any exception thus granted shall be entered in the minutes of the SRC setting forth the reasons which justified the exception. An exception granted for one project shall not be used as a sole reason for granting an exception for a different project. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. PAGE 28 ORDINANCE 2026-10 (ZONING CODE – SITE REVIEW COMMITTEE ADMINISTRATION) - Page 2 of 2 Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 4th day of August, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 4, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 29 Check Register - Quick Report - Regular 19:57 AM ACCTALL Checks CHECKING Dated From: Thru Account:Thru: 8/04/2026 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:8/04/2026 7/29/2026 Page: 175.0071347 ABBY NELSON REFUND PARK DEPOSIT ON 7-18-2026 8/04/2026 500.2671348 ADVANCE AUTO PARTS MULTIPLE SUPPLY ITEMS FIRE & DPW 8/04/2026 393.1871349 ASHWAUBENON AUTO REPAIR LLC MULTIPLE INVOICES POLICE SQUAD MAINT 8/04/2026 3,780.0071350 BRIAN RUECHEL 7-2-26 thru 7-28-2026 ACCOUNTING 8/04/2026 175.0071351 CHRISTIE REESE REFUND PARK DEPOSIT FROM 7/25/2026 8/04/2026 35.5171352 CINTAS CORP MATS AT OFFICE 7-15-26 8/04/2026 5,220.0071353 ES&S 2-EXPRESS VOTE3 & ACCESSORIES 8/04/2026 5,402.0071354 FAIR MARKET ASSESSMENTS ASSESSMENT SERVICES JULY 2026 8/04/2026 435.0071355 FLY-ME FLAG CO. LLC CUSTOM VILLAGE OF HOBART FLAG 8/04/2026 76.7671356 GAT SUPPLY INC WIRE TIE BLACK HVY DUTY 50LB 8/04/2026 50.0071357 HAWKINS INC CHEMICALS - WATER TREATMENT 8/04/2026 285.0071358 KRIS KAMINSKI REFUND PARK DEP UNABLE TO BOOK FOR 2027 8/04/2026 214.5671359 LAURA BURKHOLDER REFUND OVERPAYMENT CLOSED UTILITY 8/04/2026 116,346.6071360 MC EXCAVATING PAY REQ #4 FOUNDERS TERR EXT 2320-25-05 8/04/2026 40.0071361 MEREDITH J. MANDE REFUND BARTENDERS LICENSE APP FEE 8/04/2026 400.0071362 NWTC - GREEN BAY CAMPUS EVOC/PIT TRAINING JUNE 16-18-2026 8/04/2026 175.0071363 PAUL TOMASZEWSKI REFUND PARK DEPOSIT ON 7-19-26 8/04/2026 375.9771364 PUBLIC SERVICE COMMISSION OF WISCONSIN PSC DIRECT ASSESSMENT WATER UTILITY JUNE 8/04/2026 20.0071365 REBECCA COOK REFUND DOG TAG - TRANSFER - NOT NEW 8/04/2026 PAGE 30 Check Register - Quick Report - Regular 29:57 AM ACCTALL Checks CHECKING Dated From: Thru Account:Thru: 8/04/2026 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:8/04/2026 7/29/2026 Page: 26,046.7371366 ROBERT E. LEE & ASSOCIATES INC MULTIPLE CONTRACTS 8/04/2026 199.9571367 UNIFORM SHOPPE B. NELSEN MER-J003913 8/04/2026 295.0571368 VILLAGE OF HOWARD CITIZEN ANIMAL RESPONSE TEAM MAY 26 8/04/2026 30,698.0071369 VON BRIESEN & ROPER S.C. ATTORNEYS AT LAW MULTIPLE INVOICES MATTERS 8/04/2026 771.7571370 WI DEPT OF JUSTICE - CIB TIME TIME ACCESS NON-TRAD TIER 1 8/04/2026 500.0071371 WI HUMANE SOCIETY ANIMAL IMPOUND SERVICES FOR JUNE 2026 8/04/2026 443.2071372 WI VETERINARY DIAGONSTIC LABORATORY NECROPSY, CANINE PATHOLOGY - ACCT200767 8/04/2026 193,054.52Grand Total PAGE 31 Check Register - Quick Report - Regular 39:57 AM ACCTALL Checks CHECKING Dated From: Thru Account:Thru: 8/04/2026 ______________________________________________________________________________________ Amount From Account:8/04/2026 7/29/2026 Page: 42,249.66Total Expenditure from Fund # 001 - General Fund 1,125.81Total Expenditure from Fund # 002 - Water Fund 774.72Total Expenditure from Fund # 003 - Sanitary Sewer Fund 5,220.00Total Expenditure from Fund # 004 - Capital Projects Fund 630.00Total Expenditure from Fund # 007 - Storm Water Fund 140,205.28Total Expenditure from Fund # 008 - TID 1 Fund 2,039.05Total Expenditure from Fund # 009 - TID 2 Fund 810.00Total Expenditure from Fund # 010 - Parks & Recreation 193,054.52Total Expenditure from all Funds PAGE 32 VILLAGE BOARD MINUTES (REGULAR) – JULY 21ST 2026 - Page 1 of 5 Village of Hobart Village Office 2990 S. Pine Tree Rd, Hobart, WI 54155 www.hobartwi.gov - www.buildinhobart.com VILLAGE BOARD (Regular) Date/Time: Tuesday July 21st 2026 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) Village Board of Trustees: Richard Heidel (President), David Dillenburg, Vanya Koepke, Tammy Zittlow, Melissa Tanke. ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call . The meeting was called to order by Rich Heidel at 6:01 pm. Dave Dillenburg, Tammy Zittlow, and Rich Heidel were present. Excused: Melissa Tanke & Vanya Koepke. 2. Certification of the open meeting law agenda requirements and approval of the agenda - ACTION: To certify the open meeting law agenda requirements and approve the agenda as presented. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE: 3-0. 3. Pledge of Allegiance - Those present recited the Pledge of Allegiance. 4. PUBLIC HEARINGS – None. 5. CONSENT AGENDA (These items may be approved on a si ngle motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices; B. VILLAGE BOARD: Minutes of July 7th 2026 (Regular); C. PUBLIC WORK AND UTILITIES ADVISORY COMMITTEE: Minutes of May 7 th 2026; D. SITE REVIEW COMMITTEE: Minutes of June 17 th 2026; E. SPECIAL EVENTS PERMIT: D2’s Farmer’s Market ACTION: To approve the consent agenda to include manual checks. MOTION: Dillenburg SECOND: Heidel. VOICE VOTE 3-0. 6. ITEMS REMOVED FROM CONSENT AGENDA – None. 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit comments to no more than 3 minutes) Appearing before the Village Board: Sue Lindberg, 1344 S. Pine Tree Rd, Trail Project A. PRESENTATION – West De Pere School Referendum The West De Pere School District has a proposed operationa l referendum on the ballot November 3 that would allow the district to exceed its stat e-imposed revenue limit by $4.9 million annually through the 2032-33 school year. Jason Lau (Superintendent) and Jason Melotte (Business Manager) will make the presentation. Jason Lau and Jason Melotte, West De Pere School District, presented information regarding the West De Pere School District Referendum. The presentation was for information purposes only, and no formal action was taken by the Board. PAGE 33 VILLAGE BOARD MINUTES (REGULAR) – JULY 21ST 2026 - Page 2 of 5 B. DISCUSSION AND ACTION - Resolution 2026-09 (A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING) The Village is anticipating the borrowing for the proposed Hobart Municipal Center to occur sometime in early to mid-2028. It is reasonable to expect that expenses will be incurred prio r to the borrowing and/or actual construction (payments for design/build work, utilities, permitting, etc.). The reimbursement resolution shows our intent to borrow at a future date and to reimburse the general fund, or another fund, for project expenses paid for prior to the bond issuance. ACTION: To approve Resolution 2026-09 (A RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORR OWING) as presented. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE: 3-0. 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS A. INFORMATION 1. Data Center Ordinance Update 2. June Associated Bank Investment Report 3. Village Account Balance Report 4: 2026 Budget Report Administrator Kramer reviewed the four above points with the Village Board. There are no upcoming committee meetings for the month of July. Staff continue to tour other municipal buildings. There are two tours being scheduled for August. The Golf Outing is coming up in August. Auto Aces have a ribbon cutting and open house on Thursday, July 23. 9. COMMITTEE REPORTS AND ACTIONS A. INFORMATION – Freestanding ground sign Oneida Apostolic Church, 118 W. Meadow Drive (HB-631-2) Oneida Apostolic Church, located at 118 W. Meadow Drive, is proposing the construction of a new freestanding ground sign on their property located at the corner of W. Meadow Drive and N. County Line Road. This sign is proposed with the address on the sign as required by Village Code, but the sign will r equire a landscape bed around the perimeter of the sign base. (Site Review Committee) Information only; no action was taken. 10. OLD BUSINESS – None. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Memorandum of Understanding Between Public Safety Cadets and the Hobart Fire Department Public Safety Cadets will aid Hobart Fire in developing the Policies, Rules, Standards, Recruitment, and Retention for the Cadet program which is open to residents 14 to 18 years of age who wish to explore a Firefighting career with a hands-on approach. Public Safety Cadets was established as a nonprofit corporation to mentor young adults in order to help them become contributing members of the community by providing knowledge, skills and practical experiences through education and training delivered in the workplace by public safety professionals that build character, physical fitness, and respect for the rule of law and human and civil rights. There is no cost to the Village for the MOU. ACTION: To approve signing the Memorandum of Understandi ng Between Public Safety Cadets and the Hobart Fire Department as presented. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE 3-0. B. DISCUSSION AND ACTION – Independent Contractor Agreement (Court Security-Bailiff Services) This agreement is with Scott Stimpson, who would serve as the bailiff for the Hobart-Lawrence Municipal Court. ACTION: To approve the signing Independent Contractor Agreem ent (Court Security-Bailiff Services) as presented. MOTION: Heidel SECOND: Zittlow. VOICE VOTE 3-0. PAGE 34 VILLAGE BOARD MINUTES (REGULAR) – JULY 21ST 2026 - Page 3 of 5 C. DISCUSSION AND ACTION – Ordinance 2026-11 (AN ORDINANCE TO CREATE ARTICLE VI (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) OF CHAPTER 264 (VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) The purpose of this Ordinance is to promote the safe and lawful operation of bicycles, electric bicycles, scooters, and electric scooters upon public streets, sidewalks, trails, parks, parki ng lots, and other public property; to protect pedestrians and other lawful users of public ways; to reduce conflicts between users of public facilities; and to supplement applicable provisions of the Wisconsin Statutes. A second reading of the proposed Ordi nance is requested for the August 4 th Board meeting. This is the first reading of Ordinance 2026-11 (AN ORDI NANCE TO CREATE ARTICLE VI (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) OF CHAPTER 264 ( VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN). ACTION: To schedule a second reading of Ordinance 2026-11, with the addition of defini tions, for the August 4, 2026 Village Board meeting. MOTION: Dillenburg SECOND: Heidel. VOICE VOTE 3-0. D. DISCUSSION AND ACTION – Revisions to the Current Tree Ordinance (Chapter 255) In staff’s ongoing review of the Village’s Municipal Code, we have taken a closer look at Chapter 255 (Trees). Last amended in 2015, the chapter created a Village Forester, as well as a Parks and Urban Forestry Committee, which is currently inactive. The chapter also created a Forestry Maintenance Permit. Staff also has concerns that the current ordinance would create a situation where the Village is compell ed to become involved in a civil matter between two neighboring properties. As a result, we are proposing the first comprehensive revision of the Village’s Tree ordinance in more than a decade. ACTION: To direct staff to create and place the proposed ordinance on a future Board agenda for action, preferably in August. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE 3-0. E. DISCUSSION AND ACTION – ORDINANCE 2026-13 (A N ORDINANCE REPEALING AND RECREATING ARTICLE II (RECYCLING AND MUNICIPAL SOLID WASTE COLLECTION) OF CHAPTER 248 (SOLID WASTE)) The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in State Statute and State Administrative Code, and to comply with revisions adopted by the State as of July 2025. The proposed changes before the Board have been approved by the Wisconsin DNR. ACTION: To approve Ordinance 2026-13 (AN ORDINANCE REPEALING AND RECREATING ARTICLE II (RECYCLING AND MUNICIPAL SOLID WASTE COLLECTION) OF CHAPTER 248 (SOLID WASTE) as presented and direct staff to forward a signed copy to the Wisconsin Department of Natural Resource s. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE 3-0. F. DISCUSSION AND ACTION – Ordinance 2026-12 (AN ORDINANCE TO AMEND A SECTION OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART , BROWN COUNTY, WISCONSIN, SPEC IFICALLY SECTION 1 (MAXIMUM PERMISSIBLE SPEEDS ON AREA ROADS) OF ARTICLE I (SPEED ZONES) OF CHAPTER 264 (VEHICLES AND TRAFFIC)) The purpose of this Ordinance is to lower the speed limit on Cyrus Drive from the current 45 mph to 35 mph. No second reading of the proposed Ordinance is recommended. ACTION: To approve Ordinance 2026-12 (AN ORDINANCE TO AMEND A SECTION OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNT Y, WISCONSIN, SPECIFICALLY SECTION 1 (MAXIMUM PERMISSIBLE SPEEDS ON AREA ROADS) OF ARTICLE I (SPEED ZONES) OF CHAPTER 264 (VEHICLES AND TRAFFIC)) as presented. MOTION: Dillenburg SECOND: Heidel. VOICE VOTE 3-0. G. DISCUSSION AND ACTION – Policy 2026-05 (PENNY POLICY) This policy establishes procedures and guidelines for cash payments that directly involve the exchange of pennies. ACTION: To approve Policy 2026-05 (PENNY POLICY) as presented. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE 3-0. PAGE 35 VILLAGE BOARD MINUTES (REGULAR) – JULY 21ST 2026 - Page 4 of 5 H. DISCUSSION AND ACTION – Policy 2026-06 (NOTARY POLICY) This policy establishes pr ocedures and guidelines fo r notary services provided to indi viduals by Village of Hobart Staff. Notary services are available during normal Village Office hours if a Notary Public is available. ACTION: To approve Policy 2026-06 (NOTARY POLICY) as presented. MOTION: Heidel SECOND: Zittlow. VOICE VOTE 3-0. I. DISCUSSION AND ACTION – Sorenson Family Pavilion Staff is seeking authorization to contract with Bayland Buildings to do architectural drawings so the Sorenson Park Pavilion can be bid out and/or constructed internally with Village employees. The proposed building measures 22’ by 63’. It includes an outdoor and indoor gathering areas, as well as bathrooms and a storage room. An indoor display of the Sorenson family tractor (to recognize the agricultural heritage of the property) is included as well. ACTION: To approve contracting with Bayland Buildings, for a sum not to exceed $3,500, to architecturally design the Sorenson Park Pavilion as presented to the Village Board. MOTION: Zittlow SECOND: Dillenburg. VOICE VOTE 3-0. J. DISCUSSION AND ACTION - To establish a Public Hearing on Ordinance 2026-09 (AN ORDINANCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING)) The purpose of this Ordinance is to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change t hat would affect the Village would be the increase in the number of children permitted in a home based child care est ablishments. Staff would recommend the Public Hearing be held at the August 4th Village Board meeting. ACTION: To establish a Public Hearing on Ordinance 2026-09 (AN ORDINANCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING)) for the August 4, 2026 Village Board Meeting. MOTION: Heidel SECOND: Dillenburg. VOICE VOTE 3-0. K. DISCUSSION AND ACTION - To establish a Public Hearing on Ordinance 2026-10 (AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING)) The purpose of this Ordinance is to allow the Site Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. Staff would recommend the Public Hearing be held at the August 4th Village Board meeting. ACTION: To establish a Public Hearing on Ordinan ce 2026-10 (AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW /DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING)) for the August 4, 2026 Village Board Meeting. MOTION: Dillenburg SECOND: Zittlow. VOICE VOTE 3-0. L. DISCUSSION - Items for future agenda consideration or Committee assignment Data Centers Ebikes Tree Ordinance ACTION: To recess at 7:58 pm prior to going into closed session. MOTION: Heidel SECOND: Zittlow. VOICE VOTE: 3-0. M. ADJOURN to CLOSED SESSION (8:15 PM) – ACTION: To go into closed session under Wisconsin State Statute 19.85 (1) (g): Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation involving Drainage Issue in the Village MOTION: Heidel SECOND: Dillenburg ROLL CALL VOTE: 3-0 N. CONVENE into open session (10:00 PM) - MOTION: Heidel SECOND: Dillenburg ROLL CALL VOTE: 3-0 O. ACTION from closed session – None PAGE 36 VILLAGE BOARD MINUTES (REGULAR) – JULY 21ST 2026 - Page 5 of 5 12. ADJOURN (10:01 PM)– MOTION: Heidel SECOND: Zittlow VOICE VOTE: 3-0. Respectfully submitted by Lisa A. Vanden Heuvel, Village Clerk PAGE 37 QUARTERLY REPORT APRIL - JUNE 2026 PAGE 38 Introduction July 8, 2026 Village of Hobart Board - Town of Lawrence Board - Police Commission RE: Quarterly Report - April - June (2nd Quarter) Dear Members: Hobart-Lawrence Police Department Quarterly Report - 2 Quarter 2026nd As we present the Hobart–Lawrence Police Department's Second Quarter Report, we recognize that the work of our department extends well beyond calls for service and statistical measures. Every day, our officers and professional staff remain committed to building relationships, strengthening our organization, and providing exceptional public safety services through professionalism, accountability, and community engagement. Throughout the second quarter, the department continued to invest in both our employees and our community. We proudly celebrated the department's 25th Anniversary, recognizing the officers, employees, elected officials, and community members whose dedication has shaped the Hobart-Lawrence Police Department over the past quarter century. We also welcomed Officer Bryce Nelsen to our team and, with the approval of an additional overhire position by the Village Board, continued our recruitment efforts to ensure we maintain the staffing necessary to meet the growing needs of our communities. Employee development remained a priority during the quarter. Assistant Chief Nicole Crocker successfully graduated from the Wisconsin Law Enforcement Command College, earning certification as a Wisconsin Certified Public Manager and further strengthening the department's leadership. This accomplishment reflects our ongoing commitment to developing leaders who are prepared to meet the evolving challenges of modern policing. Community engagement continued to be a defining focus of our department. Officers participated in numerous events throughout the quarter, including National Police Week observances, the Police Lights of Christmas Ride with the Lights honoring Wisconsin's fallen officers, the Lawrence Food Truck Rally, the Operation Guardian Angel race, and National Prescription Drug Take Back Day. These events provided valuable opportunities to connect with residents, promote public safety through education, and strengthen the partnerships that are essential to maintaining safe and thriving communities. Together, these efforts reflect our continued commitment to serving with integrity while building trust and lasting relationships with those we are privileged to serve. PAGE 39 Introduction Hobart-Lawrence Police Department Quarterly Report - 2 Quarter 2026nd Calls for service and activity statistics remain valuable indicators of workload, but they do not tell the complete story of police performance. During the second quarter, our officers continued to emphasize proactive enforcement and high-impact investigations designed to improve public safety. These efforts resulted in numerous criminal traffic arrests, impaired driving investigations, warrant apprehensions, drug-related arrests, and pursuit incidents. While these investigations often require several hours to complete—reducing the number of additional calls an officer may handle during a shift—they frequently produce the greatest long-term benefit by holding offenders accountable and preventing future crime. Our focus remains not simply on responding to more calls, but on delivering meaningful police work that has the greatest positive impact on the communities we serve. Michael Renkas Michael Renkas Chief of Police PAGE 40 2 0 2 7 2 0 8 8 - 3 % 4 0 9 7 3 7 0 6 1 1 % 9 7 4 9 1 4 7 % 1 8 3 4 1 6 9 1 8 % 1 0 5 3 1 1 7 4 - 1 0 % 2 2 6 3 2 0 1 5 1 2 % 2 1 5 2 4 0 - 1 0 % 4 4 5 3 9 6 1 2 % 2 4 1 2 6 3 - 8 % 5 1 3 4 5 6 1 3 % 3 9 4 1 - 5 % 8 8 6 8 2 9 % 6 9 - 3 3 % 1 3 1 7 - 2 4 % 1 8 1 4 2 9 % 3 4 3 6 - 6 % 3 2 5 0 % 7 9 2 6 2 0 4 % 1 1 8 3 8 % 2 1 1 3 6 2 % 7 2 6 9 4 % 1 5 3 1 4 0 9 % 4 0 6 8 - 4 1 % 1 0 4 1 2 5 - 1 7 % 0 0 0 % 0 0 0 % 7 1 6 0 0 % 1 4 2 6 0 0 % 0 0 0 % 0 0 0 % 5 4 2 5 % 8 7 1 4 % Total # of Incidents Requests for Service Officer Initiated Citizen Contacts/ Warnings Traffic Citations Speeding OWI Ordinance Summons Parking Tickets Warrant Pick Ups Accidents (TRAcS) District Attorney Referrals/ In-Custody Juvenile Criminal Referrals Emergency Detentions Alcohol Holds Animal Bite This Quarter This Quarter This Quarter Last Year This Quarter Last Year % Change % Change Year to Date Year to Date Last Year to Date Last Year to Date % Change % Change Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - S N A P S H O T PAGE 41 H O B A R T PAGE 42 H O B A R T DIGNITY COMPASSION COMMITMENT INTEGRITY PAGE 43 L A W R E N C E PAGE 44 L A W R E N C E DIGNITY COMPASSION COMMITMENT INTEGRITY PAGE 45 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - C R A S H D A T A L A W R E N C E H O B A R T There were 68 total crashes reported resulting in 0 fatalities and 12 injuries. PAGE 46 MEMPHIS SOLUTIONS 2018 | MARCH 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 50 100 150 200 To ensure the department has the proper resources necessary for the delivery of high quality police services to the residents of both Hobart and Lawrence, we carefully analyze a variety of workload factors for planning purposes. This includes tracking and reviewing the number of police incidents as well as when they are occurring. Calls for service can be initiated by a variety of means to include, but not limited to, officer observed, being dispatched by 911, approached in person, email correspondence, and/or social media notifications. Calls for service can vary in nature, severity, and level of resources needed to address the issue. Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - C A L L S B Y D A Y & T I M E Q1 Q2 PAGE 47 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - I N V E S T I G A T I O N S Overview During the second quarter of 2026, the Hobart-Lawrence Police Department generated 106 investigative reports, reflecting a consistent demand for police services across the Village of Hobart and Town of Lawrence. Investigations included proactive traffic enforcement, impaired driving arrests, domestic violence, fraud and property crimes, pursuit incidents, mental health interventions, and assistance to neighboring law enforcement agencies. Quarter at a Glance (Key Metrics) Criminal traffic enforcement stops: 15 Significant traffic crashes: 7 (including 4 hit-and-run crashes) OWI-related incidents: 6 Pursuit/Eluding events: 2 Fraud & financial crimes: 10 Property crimes: 12 (9 thefts, 1 burglary, 2 criminal damage) Domestic-related disturbances: 4 Non-domestic disturbances/assaults: 7 Weapons-related incidents: 0 Drug-related incidents: 7 Harassment/Restraining Order incidents: 4 Assist other jurisdictions: 9 Sensitive crimes: 2 (ICAC assistance and CPS sexual abuse investigation) Information-only/Suspicious incidents: 7 Emergency Detentions (Chapter 51): 7 Notable Trends & Highlights Traffic Safety & Enforcement Proactive traffic enforcement continued to generate significant criminal cases. Officers made numerous arrests for operating while revoked, impaired driving, ignition interlock violations, fleeing and eluding, and felony probation violations. Six OWI investigations and two vehicle pursuits resulted in multiple felony and misdemeanor charges, along with drug seizures. Violent & High-Risk Events Although no weapons-related incidents were investigated during the quarter, officers handled several high-risk incidents involving felony domestic violence, fleeing suspects, substantial battery, burglary, and multiple warrant arrests. Two pursuit incidents resulted in arrests involving methamphetamine, THC, burglary charges, and reckless driving. Domestic Violence, Disturbances & Community Caretaking Domestic violence remained a significant enforcement priority with four domestic-related investigations involving battery, strangulation, false imprisonment, intimidation of victims, and criminal damage to property. Officers also responded to numerous disturbance calls and completed seven Chapter 51 emergency detentions, reinforcing the department's ongoing role in crisis intervention and behavioral health response. PAGE 48 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - I N V E S T I G A T I O N S Fraud & Property Crime Financial crimes continued to represent one of the department's largest investigative categories. Officers investigated ten fraud- related incidents, including identity theft, bank fraud, credit card fraud, online scams, and check washing schemes. Property crime increased during the quarter, with numerous construction site thefts, package thefts, criminal damage complaints, and one burglary investigation. Key Takeaways Operational demand remained steady with 106 investigative reports. Proactive traffic enforcement continued to identify impaired drivers, drug offenders, and repeat traffic violators. Fraud and financial crimes remain a persistent concern for residents. Domestic violence and mental health response continue to require significant investigative and patrol resources. Strong partnerships with neighboring agencies resulted in numerous mutual aid responses and specialized investigative assistance. DIGNITY COMPASSION COMMITMENT INTEGRITY PAGE 49 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - C A N I N E T E A M S PAGE 50 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - A D M I N I S T R A T I V E 166 38 AMOUNT Open Record Requests Bartender Applications ACTIVITY The administrative division of the police department consists of the Chief of Police, Assistant Chief, Administrative Assistant, and a part-time records clerk. Managing the department budget, schedule, officer training, and writing policies and procedures are just a few of the tasks that the Chief of Police and Assistant Chief conduct. Our Administrative Assistant and records clerk are typically our first point of contact with our citizens either in the lobby or by phone. Their primary tasks include fulfilling records requests, ensuring quality reports, and distributing reports as needed. Abiding to State of Wisconsin records laws, they disperse reports to those who request copies. These again are just a few of the tasks that are required of them. January February March April May June July August September October NovemberDecember 0 20 40 60 80 O P E N R E C O R D R E Q U E S T S 9 2 Other Background Checks Permit Renewal or Ordinance Variance PAGE 51 Account Title Actual Budget Remaining $ Remaining % Expense Note Police- Salary/Wage $631,120.34 $1,410,000.00 $778,879.66 55.24% Police- Overtime $35,582.48 25,000.00 ($10,582.48) -42.33% $4,251.58 Reimbursed 001-43210 PT- Salary/ Wage $23,853.25 $40,122.00 $16,268.75 40.55% Police - WRS $104,113.82 $210,000.00 $105,886.18 50.42% Police- FICA/MED $55,367.89 $113,158.00 $57,790.11 51.07% Police - Fringe Benefits $159,971.41 $316,238.00 $156,266.59 49.41% Police Supplies $8,109.65 $15,000.00 $6,890.35 45.94% Police - Phone & Tech Support $46,870.02 $120,000.00 $73,129.98 60.94% Police- Blood Draws $304.00 $2,000.00 $1,696.00 84.80% Police - Ed/ Conf/Travel $9,064.45 $10,000.00 $935.55 9.36% Career Development $0.00 $21,077.00 $21,077.00 100.00% Police - New Equipment $762.67 $2,000.00 $1,237.33 61.87% Police - Fuel $24,730.89 $45,000.00 $20,269.11 45.04% Police - Vehicle Maint $6,139.71 $18,000.00 $11,860.29 65.89% Police- Workers Comp $37,487.29 $45,000.00 $7,512.71 16.69% Police- Uniform Expense $5,565.85 $10,200.00 $4,634.15 45.43% Police - Liability Insurance $7,300.01 $8,200.00 $899.99 10.98% Police- Property Insurance $1,526.50 $1,200.00 ($326.50) -27.21% Police- Auto Insurance $4,327.63 $3,800.00 ($527.63) -13.89% Police- Health Reimbursement $11,351.60 $21,600.00 $10,248.40 47.45% Police - Ammunition / Weapons $3,174.20 $4,000.00 $825.80 20.65% Police - Crime Prevention $63.55 $1,000.00 $936.45 93.65% Capital Police - New Equipment $86,667.40 $65,464.42 ($17,413.98) -26.60% $24,135.00 Reimbursed 001-43210 Capital Police - New Vehicles $54,723.74 $120,384.08 $65,660.34 54.54% $1,314,389.35 $2,628,443.50 $1,314,54.15 49.99% Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - B U D G E T S T A T U S Updated as of 7/8/2026 per Village of Hobart WorkHorse Program PAGE 52 Intergovernmental Revenue 2026 Grants - Task Force/BOTS $4,251.58 Grants - Other $24,135.00 Donations - General $4,000.00 Donations - K9 $250.00 West De Pere SRO $56,783.98 Pulaski SRO $29,656.22 Other Reimbursements $741.03 Blood Draw Reimbursements $223.26 False Alarms $710.00 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - B U D G E T S T A T U S Hobart-Lawrence Police Department Revenues Court Penalties & Costs, Outstanding Balance, and Parking Tickets are handled by the Hobart-Lawrence Municipal Court and not presented as part of this quarterly report. 2026 Second Quarter Budgetary Outlook As of July 8, 2026, the Police Department has expended $1,314,389.35, or approximately 50% of its $2,628,443.50 adopted budget. Overall expenditures remain consistent with the department's operational needs. Several of the department's largest annual expenses—including technology contracts, software renewals, insurance premiums, and planned capital purchases—have already been incurred, placing the department in a favorable financial position for the remainder of the fiscal year. The primary budgetary pressure continues to be overtime, driven by an unexpected patrol vacancy during the first half of the year. Temporary staffing adjustments and overtime were necessary to maintain safe staffing levels and uninterrupted police services. Other overtime costs related to court and major case investigations have also impacted our overtime. Grant reimbursements have offset a portion of these costs through Village revenue accounts, and overtime associated with the vacancy is expected to decline once the department's newly hired officer completes field training and begins working independently later this year. Capital expenditures remain on track. While the Capital Police - New Equipment account currently exceeds its appropriation, eligible grant-funded purchases have been reimbursed through Village revenues. Combined with the remaining appropriations for vehicle leases and the planned squad build, the department anticipates completing its approved 2026 capital projects while remaining within its overall adopted budget. PAGE 53 Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - A C C O U N T A B I L I T Y Pointing Firearm 50% Decentralization 50% Use of Force Incidents Subject/Officer Injuries 0 4 During the second quarter, there were four incidents involving the use of force. The first involved a decentralization technique used to overcome active resistance during a lawful felony domestic violence arrest. The second involved an officer pointing a department- issued handgun at a wanted subject during a high-risk encounter after the individual fled from officers and entered an occupied structure without permission. The third involved a decentralization technique used to gain control of a subject actively resisting during a mental health crisis. The fourth involved an officer pointing a department- issued rifle during a high-risk stop following a vehicle pursuit. All incidents were reviewed by command staff and determined to be within department policy and procedure. USE OF FORCE COMPLAINTS Complaints Received 0 HLPD is committed to transparency and accountability while improving community confidence. Tracking and reporting complaints is a measure to meet those goals. This chart includes only allegations of serious and minor misconduct reported by members of the public. Allegations initiated through internal investigations, supervisory action, or reports from Village or Town officials or employees are tracked separately and are not reflected in this chart.. The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their legitimate duties. The Hobart-Lawrence Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. Our Use of Force Policy is available online - https://www.hobart-wi.org/police- resources. PAGE 54 Ofc. Tremel - K9 Maintenance Training TRAINING ACTIVITY Q U A R T E R L Y R E P O R T 2 Q U A R T E R 2 0 2 6 - T R A I N I N GN D Q U A R T E R L Y R E P O R T 2 N D Q U A R T E R 2 0 2 6 - C O N C L U S I O N The Hobart-Lawrence Police Department is committed to providing high quality, professional police services to the residents, business owners, and visitors to both the Village of Hobart and the Town of Lawrence. We aim for the information in this report to demonstrate our success in meeting this goal. Should this report generate any questions or concerns, we would be happy to answer them. Assistant Chief Crocker - Wisconsin Command College Assistant Chief Crocker - AHA Instructor Renewal Ofc. Schiefelbein & Cpl. Cambray - Field Training Officer School Ofc. Radke - Instructor Development Ofc. Miller - Developing the Patrol Investigator Cpl. Manning & Cpl Cambray - School Resource Officer Conference Chief Renkas - WI Defensive and Arrest Tactics Recertification Training Records Clerk Teske - Open Records Records Clerk Teske - LEAP Conference Department In-Service Training - Emergency Vehicle Operations & PIT PAGE 55 PAGE 56 PAGE 57 PAGE 58 PAGE 59 PAGE 60 PAGE 61 PAGE 62 PAGE 63 PAGE 64 PAGE 65 PAGE 66 PAGE 67 PAGE 68 PAGE 69 PAGE 70 PAGE 71 PAGE 72 PAGE 73 PAGE 74 PAGE 75 PAGE 76 Type of motor Electric Gas Speed and Power 28 MPH or less and 750 watts or less Over 28 MPH or over 750 watts Pedals Yes No Electric Bicycle *20 MPH max if under 16 yoa* Moped Pedals Yes No 30 MPH or less Motor is original equipment Motor Added Motor Bicycle Over 30 MPH Motor is original equipment Motorcycle Motor is added 30 MPH or less Over 30 MPH Motor is original equipment Speeds are based on what vehicle is capable of Motorized Vehicle Flowchart 130 cc or less Over 130 cc Moped Motorcycle Over 50cc Motorcycle 50cc or less Moped Motor is original equipment Motor was added Motor vehicle Motor vehicle Motor was added Motorcycle Motor vehicle 30 MPH or less Over 30 MPH Moped Motorcycle PAGE 77 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 1 of 7 ORDINANCE 2026-11 AN ORDINANCE TO CREATE ARTICLE VI (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) OF CHAPTER 264 (VEHICLES AND TRAFFIC) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN Purpose: The purpose of this Ordinance is to promote the safe and lawful operation of bicycles, electric bicycles, scooters, and electric scooters upon public streets, sidewalks, trails, parks, parking lots, and other public property; to protect pedestrians and other lawful users of public ways; to reduce conflicts between users of public facilities; and to supplement applicable provisions of the Wisconsin Statutes. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Article VI (Bicycles, Electric Bicycles, Scooters and Electric Scooters) of Chapter 264 (Vehicles and Traffic) is hereby created to read as follows: § 264-21. Purpose and Intent. The purpose of this chapter is to promote the safe and lawful operation of bicycles, electric bicycles, scooters, and electric scooters upon public streets, sidewalks, trails, parks, parking lots, and other public property; to protect pedestrians and other lawful users of public ways; to reduce conflicts between users of public facilities; and to supplement applicable provisions of the Wisconsin Statutes. This chapter shall be liberally construed to promote public safety and shall not be interpreted to authorize any activity otherwise prohibited by Wisconsin law. § 264-22. Applicability. This chapter shall apply to the operation, use, and parking of bicycles, electric bicycles, scooters, and electric scooters on all public streets, highways, roadways, sidewalks, bicycle ways, trails, parks, parking lots open to public use, rights-of-way, and other public property within the Village of Hobart. § 264-23. Definitions. A. State Law Definitions Adopted. The definitions contained in Wis. Stat. §§ 340.01(15ph), 340.01(29m), and any successor provisions are hereby adopted by reference and incorporated into this chapter. B. Additional Definitions. BICYCLE Every vehicle propelled by feet or hands acting upon pedals or cranks and having wheels any 2 of which are not less than 14 inches in diameter. ELECTRIC BICYCLE PAGE 78 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 2 of 7 A bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less and that meets the requirements of any of the following classifications: (1) Class 1 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceas es to provide assistance when the bicycle reaches the speed of 20 miles per hour. (2) Class 2 electric bicycle is an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) Class 3 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceas es to provide assistance when the bicycle reaches the speed of 28 miles per hour ELECTRIC SCOOTER A device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor. “Electric scooter” does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped. MOPED Any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150- pound rider on a dry, level, hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator, but not including a motor bicycle or electric bicycle: (1) A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit. (2) A motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit. MOTORCYCLE A motor vehicle originally manufactured with motive power, a seat or saddle requiring the rider to sit astride, not more than 3 wheels in contact with the ground, steering controlled by handlebars, and acceleration and braking controlled with handlebar and foot controls and that is capable of speeds in excess of 30 miles per hour. MOTOR BICYCLE A bicycle to which a power unit that is not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for th e operator. “Motor bicycle” does not include an electric bicycle. MOTOR VEHICLE A vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self- propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, a utility terrain vehicle, an electric scooter, and an electric personal assistive mobility device shall be considered motor vehicles PAGE 79 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 3 of 7 only for purposes made specifically applicable by Wisconsin State Statute. “Motor vehicle” does not include an electric bicycle. OPERATOR Any person who rides, drives, or is in actual physical control of a bicycle, electric bicycle, scooter, or electric scooter. PUBLIC PROPERTY Any street, highway, roadway, sidewalk, bicycle way, trail, park, parking lot, right-of-way, municipal facility, or other property owned, leased, maintained, controlled, or operated by the Village/Town and open to public use. PUBLIC TRAIL Any bicycle path, shared-use path, recreational trail, park pathway, nature trail, or similar facility owned, maintained, controlled, or designated by the Village/Town for public use. § 264-24. Adoption of Wisconsin Statutes. A. Except as otherwise specifically provided herein, the provisions of Wis. Stat. §§ 346.80, 346.803, 346.804, 346.805, 346.806, 346.94, and all other applicable Wisconsin Statutes governing the operation of bicycles, electric bicycles, and electric scooters, as amended from time to time, are adopted by reference and made a part of this Code as though fully set forth herein. B. Any act required to be performed or prohibited by the statutes adopted herein shall likewise be required or prohibited under this chapter. § 264-25. Helmet Requirement For Minors. A. No person under sixteen (16) years of age may operate or ride as a passenger upon a bicycle, electric bicycle, scooter, or electric scooter upon any public street, sidewalk, trail, park, bicycle way, parking lot open to public use, or other public property unless wearing a properly fitted and securely fastened protective helmet designed for bicycle use. B. No parent, guardian, or person having legal custody of a child under sixteen (16) years of age shall knowingly permit such child to operate or ride in violation of this section. § 264-26. Equipment Requirements. A. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter during hours of darkness unless equipped as required by Wisconsin law. B. Every bicycle, electric bicycle, scooter, and electric scooter operated upon public property shall be maintained in safe operating condition. C. No person shall operate any bicycle, electric bicycle, scooter, or electric scooter with defective brakes, steering components, tires, lighting equipment, or any other condition rendering the device unsafe. § 264-27. Passengers. A. No operator shall carry any passenger upon a bicycle, electric bicycle, scooter, or electric scooter unless the device is specifically designed and equipped by the manufacturer for the transportation of passengers. PAGE 80 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 4 of 7 B. No passenger shall be carried in a manner contrary to the manufacturer's design or intended use. § 264-28. Modified, Misclassified, Or Unlawful Devices. A. No person shall operate upon any public street, sidewalk, trail, park, parking lot open to public use, or other public property any bicycle, electric bicycle, scooter, or electric scooter that has been modified, altered, equipped, or operated in a manner that exceeds the performance limitations established by Wisconsin law for its classification. B. Any device represented, marketed, labeled, sold, modified, or operated as an electric bicycle that does not meet the definition of an electric bicycle under Wis. Stat. § 340.01(15ph), as amended from time to time, shall not be considered an electric bicycle for purposes of this Code. C. Any device described in subsection (B) shall be s ubject to all applicable provisions of Wisconsin law governing its actual classification, including but not limited to registration, titling, operator licensing, equipment requirements, insurance requirements, and operational restrictions, where applicable. D. The burden of compliance with the requirements applicable to a device's actual classification shall rest upon the operator and owner of the device. E. The determination of a device's classification shall be based upon its actual design, capabilities, equipment, modifications, and operation, and not solely upon the manufacturer's description, advertising, labeling, or representations made by the owner or operator. F. Nothing in this chapter shall be construed to authorize the operation of any motorcycle, motor bicycle, moped, motor vehicle, all-terrain vehicle, utility terrain vehicle, mini-bike, dirt bike, off-road motorcycle, or other motorized vehicle upon any sidewalk, trail, park, bicycle way, or other public property where prohibited by Wisconsin law or municipal ordinance. § 264-29. Operation on Roadways. A. Operators shall comply with all applicable traffic laws and official traffic control devices. B. Operators shall ride as near to the right-hand edge of the roadway as practicable except when: (1) Passing another vehicle; (2) Preparing for a lawful left turn; (3) Avoiding hazards; (4) Lane conditions make such positioning unsafe; or (5) Otherwise authorized by Wisconsin law. C. Operators shall comply with all applicable Wisconsin statutory speed limitations governing the classification of the device being operated. § 264-30. Operation on Sidewalks and Trails. PAGE 81 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 5 of 7 A. Bicycles, electric bicycles, scooters, and electric scooters may be operated upon sidewalks and public trails unless prohibited by official signage, regulation, or lawful order. B. No operator shall unreasonably obstruct the normal use of a sidewalk, trail, bicycle way, or public pathway. C. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter upon any sidewalk at a speed exceeding ten (10) miles per hour. D. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter upon any public trail, shared- use path, park pathway, or recreational trail at a speed exceeding fifteen (15) miles per hour unless otherwise posted. E. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter at a speed greater than ten (10) miles per hour while approaching, overtaking, or passing a pedestrian on a sidewalk, trail, shared-use path, park pathway, or recreational trail. F. Operators shall yield the right-of-way to pedestrians at all times. G. Operators shall reduce speed and exercise due care when approaching or passing pedestrians, children, animals, or other lawful users of public property. H. Operators overtaking a pedestrian from the rear shall provide an audible signal when reasonably necessary to avoid a collision. § 264-31. Reckless, Careless, Or Unsafe Operation Prohibited. A. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter in a careless, reckless, negligent, or unsafe manner which endangers any person or property. B. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter upon any sidewalk, trail, park, parking lot, or other public property at a speed or in a manner that is unreasonable, imprudent, or unsafe under existing conditions and having regard for actual and potential hazards than existing. C. The following conduct constitutes prima facie evidence of unsafe operation: (1) Operating in violation of any speed limitation established by Wisconsin Statutes, this Code, or official traffic control devices; (2) Failing to yield the right-of-way as required by law; (3) Weaving through pedestrian or vehicular traffic in an unsafe manner; (4) Operating while attached to, being towed by, or holding onto any moving vehicle; (5) Operating in a manner that creates an unreasonable risk of collision with pedestrians, animals, vehicles, or other lawful users of public property. C. Compliance with a posted or statutory speed limit shall not relieve an operator from the duty to reduce speed when necessary to avoid endangering persons or property. D. The fact that an operator is traveling below a posted or statutory speed limit shall not constitute a defense to a violation of this section. PAGE 82 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 6 of 7 § 264-32. Stunt Riding, Exhibitions of Speed, and Racing Prohibited. A. No person shall engage in stunt riding upon any public street, sidewalk, trail, park, parking lot open to public use, or other public property. B. Stunt riding includes, but is not limited to: (1) Wheelies; (2) Jumps; (3) Trick riding or acrobatic maneuvers; (4) Intentional skidding or drifting; (5) Any maneuver that substantially interferes with the operator's ability to maintain control of the device. C. No person shall participate in any race, speed contest, endurance contest, or exhibition of speed except as part of an event specifically authorized by the Village. D. No person shall operate a bicycle, electric bicycle, scooter, or electric scooter for the purpose of demonstrating speed, acceleration, or performance in a manner that endangers persons or property. § 264-33. Class 3 Electric Bicycles. A. No person under sixteen (16) years of age may operate a Class 3 electric bicycle. B. Class 3 electric bicycles shall not be operated upon any sidewalk, public trail, shared-use path, park pathway, recreational trail, or other public property designated for pedestrian or shared-use recreational purposes unless specifically authorized by official signage or designation of the Village/Town Board. C. Class 3 electric bicycles may be operated upon public roadways in accordance with Wisconsin law. § 264-34. Authority to Restrict Operation. The Village Board of Trustees, or its designee, may restrict, prohibit, or regulate the operation of bicycles, electric bicycles, scooters, or electric scooters upon designated public property , trails, parks, sidewalks, facilities, or other locations when necessary for public safety, maintenance, environmental protection, special events, or other legitimate governmental purposes. § 264-35. Parking and Obstruction. No bicycle, electric bicycle, scooter, or electric scooter shall be parked or left standing in a manner that obstructs pedestrian travel, accessibility ramps, building entrances, fire lanes, sidewalks, trails, public pathways, or other public rights-of-way. § 264-36. Abandoned Property. PAGE 83 ORDINANCE 2026-11 (BICYCLES, ELECTRIC BICYCLES, SCOOTERS, AND ELECTRIC SCOOTERS) Page 7 of 7 Any bicycle, electric bicycle, scooter, or electric scooter abandoned upon public property may be impounded and disposed of in accordance with Wisconsin law and departmental procedures governing abandoned or unclaimed property. § 264-37. Responsibility of Parents and Guardians. No parent, guardian, or person having legal custody of a minor shall knowingly permit or authorize a violation of this chapter. § 264-38. Penalties. A. Any person violating any provision of this chapter shall be subject to the penalties provided in the general penalty provisions of the Municipal Code. B. Each violation and each day a violation continues shall constitute a separate offense. C. Nothing herein shall prohibit a law enforcement officer from issuing a warning in lieu of a citation when deemed appropriate under the circumstances. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this ____ day of _____, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on _______, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 84 Page 1 of 2 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Proposed Changes to Village Tree Ordinance (Chapter 255) DATE: August 4th 2026 BACKGROUND In our review of the Village’s Municipal Code, we have taken a closer lo ok at Chapter 255 (Trees). Last amended in 2015, the chapter created a Village Forester, as well as a Parks and Urban Forestry Committee, which had been in operation previously (late 1990s through the mid-2010s, but not continuous). The chapter also created a Forestry Maintenanc e Permit. A review of the Village’ s records and archiv es, it does not appear that a Forester was hire d, nor was a permit created. Ther e was a Parks and Urban Forestry Committee, but it does not appear to have met after the ordinance’s 2015 revision. Staff also has concerns that the current ordinance would create a situation where the Village is compelled to become involved in a civil matter between two neighboring properties. As a result, we are proposing the first comprehensive revision of the Village’s Tree ordinance in more than a decade. MAJOR REVISIONS TO CURRENT ORDINANCE The following sections of the current code are being recommended for removal: SECTION DESCRIPTION § 255-4 (Village Forester established) This section created the position of Village Forester, giving that position citation power. § 255-5 (Parks and Urban Forestry Committee established) There is no record that this committee, which was advisory only, met after 2016. Any tree-related issues could be handled directly by the Village Board or assigned to the Public Works and Utilities Advisory Committee. A third option would be the creation of a separate committee or merging the designated duties with the Park and Recreation Committee. § 255-6 (Forestry maintenance permit) There is no record of such a permit was ever created. § 255-7 (Maintenance permit revocation) The removal of section 6 would necessitate elimination of this section as well. § 255-8 (Public nuisances on private premises) The restrictions on trees are governed in § 207-4 (Public nuisances affecting peace and safety) E. All trees, hedges, billboards or other obstructions which prevent people driving vehicles on public streets, alleys, or highways from obtaining a cl ear view of traffic when approaching an intersection or pedestrian crosswalk. PAGE 85 Page 2 of 2 F. All limbs of trees which project over a public sidewalk, are less than eight feet above the su rface thereof or less than 14 feet over the surface of a public street. § 255-12 (Appeals) Due to the elimination of many of the punitive regulations in the current ordinance, an appeal process which differs from the current process would run counter to normal Village operations. § 255-14 (Fees) With the removal of the Forestry Maintenance Permit, there are no sections in the proposed ordinance which would require a permit be implemented. The following sections of the current code are being recommended for revisions or to remain essentially similar to the current code: SECTION DESCRIPTION § 255-1 (Purpose, intent and applicability) This section is being redefined in terms of the intent of the proposed ordinance. § 255-2 (Disclaimer of liability) This section will re main intact so as to not remove the liability of private property owners to maintain healthy trees and remove diseased and/or dead trees and create a shield from that liability in the Village Code. § 255-9 (Injury to trees prohibited) This section governs damage to trees on public property and will remain in effect. § 255-11 (Interference with Village) This section implies that Vill age staff would be involved in the removal or maintenance of trees on private property. The change would shift that involvement to public property only. There is one section of t he code (§ 255-8. Public nuisances on pr ivate premises) which will be separated into its own section – the transport of materials, specifically diseased and infected trees. RECOMMENDED MOTION * To approve Ordinance 2026-14 (Trees – Chapter 255) PAGE 86 ORDINANCE 2026-14 (TREES) - Page 1 of 3 ORDINANCE 2026-14 AN ORDINANCE REPEALING AND RECREATING CHAPTER 255 (TREES) Purpose: The purpose of this ordinance is to update the current Tree ordinance to remove the Village from becoming involved in private matters involving the maintenance and/or of trees, as well as remove sections from the current code which are no longer applicable to the Village’s current operations. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Chapter 255 (Trees) is hereby repealed and recreated to read as follows: § 255-1. Purpose, intent and applicability. A. It is hereby declared to be the policy of the Village of Hobart to regulate trees on all public land located on and within the boundaries of the Village in order to promote the public health, safety and welfare, prevent the spread of fire, prevent the spread of tree diseases, enhance aesthetics and scenic viewsheds, balance the need for road safety while preserving the Village's rustic roads and maintaining trees planted close to the road, reduce the potential for trees becoming public nuisanc es and hazards, protect trees from loss during construction, encourage use of trees to conserve energy, and to encourage and maintain an optimal level of age and species diversity. § 255-2. Disclaimer of liability. Nothing contained in this chapter shall be deemed to impose any liability upon the Village, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any road tree area abutting their property or under thei r control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any road, park, boulevard, alley, or public place within the Village. § 255-3. Definitions. Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings: PARK TREES Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the Village, or to which the public has free access as a park. PERSON Any person, firm, association or corporation. PRIVATE TREES Any trees located or to be planted in or upon private premises. PAGE 87 ORDINANCE 2026-14 (TREES) - Page 2 of 3 PUBLIC RIGHT-OF-WAY That part of every street between the lot line and the road. PUBLIC TREES Any trees located or to be planted in or upon any public property. ROAD TREES Road trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all roads, avenues, or ways within the Village. TREE TOPPING Generally, the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This creates hazard trees. VILLAGE The Village of Hobart, Wisconsin. § 255-4. Injury to trees prohibited on public property. No person, upon public property, shall: A. Injure, destroy, damage, mutilate, deface or commit any act which will prevent the growth or cause the death of any tree. B. Secure, attach, fasten, nail or run through any rope, cable, wire, sign or fixture to, around or through any tree. C. Deposit, place or permit the deposit of any toxic or hazardous substance on or about any tree. D. Excavate or disturb the ground within the dripline of any tree without a permit. E. Perform any work within the dripline of any tree without taking measures as directed by the Village Forester to protect the tree from injury and damage, up to and including tunneling. F. Remove any guard, stake or other protective device or close or obstruct any open space about the base of a tree designed to permit access of air, water or fertilizer. G. Perform any act of tree topping any road tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Director of Public Works. H. Perform any other act contrary to this chapter. § 255-5. Transport of Diseased or Infected Trees. It shall be unlawful for any person to carry or transport into the Village any trees, logs, or branches known to be affected by any communicable disease or insect which may affect trees. Any such material brought into the Village shall be disposed of by the parties responsible for bringing the diseased or infected trees, logs, or branches into the Village in the manner and in a location designated by the Director of Public Works. PAGE 88 ORDINANCE 2026-14 (TREES) - Page 3 of 3 § 255-6. Interference with Village. It shall be unlawful for any person to prevent, delay, or interfere with the Village, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, or removing of any road trees, park trees, or trees on private grounds, as authorized by this chapter. § 255-7. Violations and penalties. Any person who by himself/herself or by his/her agent or employee, shall violate any of the provisions of this chapter, shall, upon conviction, be subject to the penalties provided in § 1-3. A separate offense shall be deemed to have been committed on every day on which a violation occurs or continues. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 4 th day of August, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 4, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 89 A. B. C. Village of Hobart, WI Monday, July 13, 2026 Chapter 255. Trees [HISTORY: Adopted by the Village Board of the Village of Hobart as § 2.2 of the 2000 Code. Amendments noted where applicable.] GENERAL REFERENCES Administration of government — See Ch. 5. Public property — See Ch. 227. Zoning — See Ch. 295. § 255-1. Purpose, intent and applicability. It is hereby declared to be the policy of the Village of Hobart to regulate trees in the Village in order to promote the public health, safety and welfare, prevent the spread of fire, prevent the spread of tree diseases, protect property values, enhance aesthetics and scenic viewsheds, balance the need for road safety while preserving the Village's rustic roads and maintaining trees planted close to the road, reduce the potential for trees becoming public nuisances and hazards, protect trees from loss during construction, encourage use of trees to conserve energy, encourage and maintain an optimal level of age and species diversity, provide specifications for planting, maintaining and removal of trees and provide that all such work (including utility maintenance) in any right-of-way be under permit and to provide a forum for conflict resolution. Trees are a valuable resource which enhance the aesthetics of the property, prevent soil erosion, filter airborne pollutants, reduce atmospheric carbon dioxide, produce oxygen and ameliorate harsh climates, thereby reducing energy consumption. In addition, trees contribute significantly to property values and provide many other benefits from a local to a global aspect. This is to be balanced with the need for open space and farm fields which are important aspects in Hobart's landscape and provide habitat for wildlife. This chapter applies to all public land located on and within the boundaries of the Village of Hobart. § 255-2. Disclaimer of liability. Nothing contained in this chapter shall be deemed to impose any liability upon the Village, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any road tree area abutting their property or under their control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any road, park, boulevard, alley, or public place within the Village. § 255-3. Definitions. Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings: COMMITTEE The Hobart Parks and Urban Forestry Committee as constituted pursuant to § 255-5 in this Code. [Amended 1-6-2015 by Ord. No. 01-2015; 4-8-2015 by Ord. No. 03-2015] PAGE 90 A. B. FORESTER Person(s) or Village employee(s) designated by the Village Board as authorized to carry out provisions of this chapter. PARK TREES Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the Village, or to which the public has free access as a park. PERSON Any person, firm, association or corporation. PRIVATE TREES Any trees located or to be planted in or upon private premises. PUBLIC NUISANCE Any tree or shrub or part thereof growing upon private or public property which is interfering with the use of any public area; does not have adequate clearance over roads (14 feet) and walks (eight feet), is infected with a plant disease; or which is infested with injurious insects or pests which threaten public or private property; is dead; or which endangers the public health, safety and welfare. PUBLIC RIGHT-OF-WAY That part of every street between the lot line and the road. PUBLIC TREES Any trees located or to be planted in or upon any public property. PUBLIC UTILITY Any public, private or cooperatively owned line, facility, or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, waste or stormwater, which directly or indirectly serves the public or any part thereof within the corporate limits of the Village. ROAD TREES Road trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all roads, avenues, or ways within the Village. TREE TOPPING Generally, the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This creates hazard trees. VILLAGE The Village of Hobart, Wisconsin. VISION CORNER As defined in Chapter 295, Zoning. [Amended 1-6-2015 by Ord. No. 01-2015] § 255-4. Village Forester established. The Village Forester shall have the authority to promulgate the rules and regulations of the arboricultural specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the roads or other public sites in the municipality, and shall direct, regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the Village of Hobart, to insure safety or preserve the aesthetics of such public sites. The Village Forester shall cause the provision of this chapter to be enforced and shall have the authority to issue citations as provided for in the Code of the Village of Hobart. In his or her absence, these duties shall be the responsibility of a qualified alternate designated by the Village. PAGE 91 C. A. (1) (2) (3) A. B. C. D. E. The Village Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter. § 255-5. Parks and Urban Forestry Committee established. [Amended 1-6-2015 by Ord. No. 01-2015; 4-8-2015 by Ord. No. 03-2015] There is hereby established a Parks and Urban Forestry Committee for the Village of Hobart, which shall consist of five members, two of whom may hold another public office, including elected, appointed, and employees of the Village. Appointments shall be for three-year terms; except that initial appointments shall be for one three-year term, three two-year terms, and one one-year term. Duties of the Village Forestry Committee. It shall be the responsibility of the Committee to study, investigate, counsel, develop, update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal and disposition of trees and shrubs in parks, along roads, and in other public places. Such plan will be presented to the Village Board and upon their acceptance and approval shall constitute the official Comprehensive Forestry Plan for the Village of Hobart. The Committee, when requested by the Village Board, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming with the scope of its work. The Parks and Urban Forestry Committee shall develop and maintain a desirable tree species list for the planting along roads. Lists of trees not suitable for planting will also be created by the Parks and Urban Forestry Committee. § 255-6. Forestry maintenance permit. Maintenance permit requirement and cost. No person shall plant, replace, prune, alter, do surgery on a tree, or disturb the land within the dripline of any tree on public property or cause such work to be done by others, without first obtaining prior approval for such work from the Village Forester as herein provided. The permit holder shall be responsible for paying for the cost of all work performed, unless acting under contract with the Village or its subunits. Maintenance permit exemptions. No person shall be required to obtain a permit to fertilize or water trees in the right-of-way abutting their property. Maintenance permit application. Any person who applies for a permit shall make said application in writing on Village forms detailing work to be done including plans showing all plantings, removals and trees to be worked on. Maintenance permit issuance, fee and term. When the Village Forester determines that any proposed work described in an application for a permit is in accordance with the provisions of this chapter, taking into account the public health, safety and welfare, public sidewalks, driveways, streetlights and signs, the general character of the area in which the tree is located or proposed to be located, the type of soil, the characteristics and physiological need of the genus, species and variety of the tree, then a permit may be issued or denied as appropriate under the circumstances, with conditions or limitations, without a fee therefor. It is the person's responsibility to contact Diggers Hotline for location of buried utilities. Maintenance permit and duration. Every permit issued by the Village Forester shall include a description of the work to be done and shall specify, in the case of plantings, the genus, species and variety, size, nursery grade and location of trees to be planted. Any work done under such permit issued under this section shall expire nine months after the date of issuance. PAGE 92 F. G. H. I. (1) (2) A. (1) (2) B. Maintenance permit violation. It shall be a violation of this chapter for any person to perform work under a permit contrary to the permit terms and provisions of this chapter. A permit violator shall be responsible for the repair and replacement of any tree damaged or destroyed due to defective work or noncompliance with this chapter for two full growing seasons following performance of work. Compliance with vision clearance. No application shall be validated or permit issued unless the provisions of the Code of the Village of Hobart requiring vision clearance (or vision corners) on corner lots shall have been complied with. Tree topping. It shall be unlawful as a normal practice for any person, firm, or Village department to top any road tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Village Forester. Annual public utility and contractor permits. Public utilities and contractors may apply for and obtain, in accordance with this chapter, an annual forestry permit subject to the following additional conditions, unless waived by the Village Forester. Provide Village Forester with three working days' advance written notice of work to be performed and locations of work. Perform work in conformance with this chapter and written guidelines and directives of the Village Forester. § 255-7. Maintenance permit revocation. Any permit granted under authority of this chapter may be revoked by the Village Forester for cause upon written demand and notice. The revocation of any permit may be appealed to the Village Board within 10 days of receipt of written notice of revocation. § 255-8. Public nuisances on private premises. Notice to abate public nuisances. Whenever the Village Forester shall find that any tree or part thereof growing or located upon private property is a public nuisance, he/she shall notify the owner thereof, in writing, that the nuisance must be abated as directed in the notice within the time specified, which time shall not be less than 30 days, unless the Village Forester shall determine that immediate action is necessary to preserve the public health, safety and welfare, in which event a lesser period of time for abatement shall be provided. Notice shall be served on the owner of record of said lot identifying those conditions which constitute a public nuisance and demanding abatement by a time certain in the manner and to the extent prescribed by said notice. Service shall be in the manner provided for service of a summons in the Circuit Court or by certified mail-return receipt. If the owner cannot be served or if there is no certified mail-return receipt, the order may be served by posting it on the main entrance of the building or structure, if any, or where no building or structure is present, by posting a sign on each of said lot, and by publishing as a Class 1 notice, under Chapter 985, Wis. Stats. Transport of materials. It shall be unlawful for any person to carry or transport into the Village any trees, logs, or branches known to be affected by any communicable disease or insect which may affect trees. Any such material brought into the Village shall be disposed of by the parties responsible for bringing the diseased or infected trees, logs, or branches into the Village in the manner and in a location designated by the Director of Public Works or Village Forester. PAGE 93 C. D. E. F. G. H. A. B. C. D. E. F. G. Failure to abate. If said owner fails to remedy or improve the condition complained of in accordance with the written notice furnished by the Village Forester, then said Village Forester shall, after the expiration of the period specified in the written notice, cause said nuisance to be abated. Abatement by Village. The abatement may be by Village personnel or by a contractual agreement with others entered into by the Village. Hearing. The owner, upon written request to the Village Clerk-Treasurer, served and postmarked during the notice period, shall be granted a hearing before the Village Board. Where possible, said hearing should be within 10 days following the request therefor. Said hearing shall give the owner the opportunity to contest the existence of facts sufficient to form the basis for the finding of a public nuisance as herein described. Following the hearing, a written statement of the findings of the Village Board shall be sent by regular mail to the owner at the address given by the owner at said hearing. The Village Forester may, for good cause, extend the period of time for abatement of the nuisance. Appeal. The written order of the Village Forester, where a hearing has been held, may be appealed to the Village Board upon written request to the Village Clerk-Treasurer, served or postmarked within 10 days of the date of said written order. Where possible, said appeal should be heard at the next scheduled meeting of said Village Board, provided that the request for review is received by the Village Clerk-Treasurer at least seven days prior to the next scheduled meeting of the Village Board. Special assessment. Following abatement of said public nuisance, the Village Forester shall bill the owner for the cost of abatement. If such bill is not paid within 30 days, said bill shall be processed as a special assessment against said property. Emergency procedure. The above-specified notice procedure does not apply when circumstances arise which require immediate action to protect the public from imminent harm, such as sickness, disease or personal injury. In determining imminent harm, there must be a balance of the rights of the landowner to notice and appeal procedures with the right of the public to be protected from a risk of harm which could be avoided by prompt action. However, where possible, the landowner should be given a minimum of 24 hours' written or oral notice prior to Village abatement action. The above ordinance shall otherwise apply, except for the notice and appeal procedure, which shall be as herein stated. § 255-9. Injury to trees prohibited. No person, upon public property, shall: Injure, destroy, damage, mutilate, deface or commit any act which will prevent the growth or cause the death of any tree. Secure, attach, fasten, nail or run through any rope, cable, wire, sign or fixture to, around or through any tree. Deposit, place or permit the deposit of any toxic or hazardous substance on or about any tree. Excavate or disturb the ground within the dripline of any tree without a permit. Perform any work within the dripline of any tree without taking measures as directed by the Village Forester to protect the tree from injury and damage, up to and including tunneling. Remove any guard, stake or other protective device or close or obstruct any open space about the base of a tree designed to permit access of air, water or fertilizer. Perform any other act contrary to this chapter. PAGE 94 § 255-10. Enforcement. This chapter shall be enforced by the Village Forester and designees thereof. Any Village department which observes a violation of this chapter shall bring said violations to the attention of the Village Forester. § 255-11. Interference with Village. It shall be unlawful for any person to prevent, delay, or interfere with the Village, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, or removing of any road trees, park trees, or trees on private grounds, as authorized by this chapter. § 255-12. Appeals. Any person aggrieved by the administration or interpretation of any of the terms or provisions of this chapter may appeal to the Village Board which, after a hearing with notice to the appellant, may reverse, affirm or modify, in whole or in part, the order, requirement, decision or determination of the Village Forester, and to that end shall have all the powers of the Village Forester. § 255-13. Violations and penalties. [Amended 1-6-2015 by Ord. No. 01-2015] Any person who by himself/herself or by his/her agent or employee, shall violate any of the provisions of this chapter, shall, upon conviction, be subject to the penalties provided in § 1-3. A separate offense shall be deemed to have been committed on every day on which a violation occurs or continues. § 255-14. Fees. [Amended 4-8-2015 by Ord. No. 03-2015] Any fees concerning this chapter set by the Village of Hobart Board shall be reviewed every two years by the Parks and Urban Forestry Committee. The Parks and Urban Forestry Committee shall recommend any changes in fees to the Village Board. PAGE 95 Page 1 of 4 MEMORANDUM TO: Village Board FROM: Aaron Kramer, Village Administrator RE: Proposed Data Center Ordinance (Chapter 295 - Zoning) DATE: August 4th 2026 BACKGROUND In July, the Village Board passed a one-year moratorium on the development of a Data Center in the Village, allowing time to draft and approve an Ordinance to regulate any such development through the Zoning Code. Specifically, the moratorium ordinance states that “(d)uring the period of this moratorium, the Department of Planning and Zoning, in consultation with the Village administrator and attorney, in consultation with relevant Village agencies, departments, and employees, are directed to draft an ordinance providing a comprehensive and appropriate regulation of Data Centers to protect the public health, safety, and general welfare of the V illage residents, businesses, visitors, and the public. It is the intention of the Village Board of Trustees to amend the Village’s gene ral ordinances to adopt an ordinance pertaining to Data Centers before the expiration of this moratorium or any extension thereof as allowed under Wisconsin law.” Tonight, staff is presenting the first draft of a proposed Data Center Ordinance, which would replace Article XXXVI (Temporary Moratorium on Data Center Development. It is the recommendation that this first draft of the proposed Ordinance be sent to the Village Atto rney for legal review. Once the legal review is complete, it will be forwarded to the Planning and Z oning Commission for their review, discussion, and recommendation. Understanding that the moratorium has given us the time to carefully craft this ordinance, staff anticipates there will be multiple additions and subtractions to the document before a final ordinance will be presented to the Village Board for approval. HIGHLIGHTS OF THE PROPOSED ORDINANCE § 295-385. Purpose This section clearly lays out the intent of the Ordinance, which reinforces the Village’s desire to protect the property rights and health of our current residents, as well as safeguarding our agricultural, rural and culturally sensitive properties. § 295-386. Definition of Data Center It is anticipated that this secti on will generate a considerable amount of debate. Firs t, the proposed Ordinance does NOT clearly define a minimum and/or maximum size for a proposed data center, leaving that determination instead to the Planning and Zoning Commission and, ultimately, the Village Board. It is unrealistic to expect that the Ordinance will include all data centers, since that definition could include small data centers connected to a financial institution or information technology-related business. It is the intent PAGE 96 Page 2 of 4 of the proposed Ordinance, at this time, to regulate stand-along, larger data centers. This section also introduced two (2) new concepts to our Zoning Code:  Farmland of Statewide Importance: A map unit identified by the Natural Resources Conservation Service (https://www.nrcs.usda.gov/) identifying soils that nearly meet the requirements for prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods.  Sensitive Use: Any residential dwelling, school, preschool, daycare center, in-home daycares, long term care facilities, retirement and nursing homes, community centers place of worship, public park, public or institutional buildings or facilities, hospitals or other medical care facilities, forests and woodlands, threatened and endangered species and critical habitat, historic and cultural lands or agricultural operations. § 295-387. Permitted Use as Conditional Use This clearly states that data centers require a Conditional Use Permit and are allowed in only three (3) zoning districts.  I-1 (Limited Industrial District)  I-2 (Industrial Park District)  I-3 (Airport Industrial District) Any Conditional Use Permit must be reviewed by the Planning and Zoning Commission and the Site Review Committee to ensure compliance with proposed, as well as current, Village ordinances prior to coming to the Village Board with action. This will increase the tran sparency and public involvement in any data center proposal. § 295-388. General Requirements Relating to Location of Data Centers These are considered the standard, initial requirements for siting a data center in the Village. § 295-389. General Requirements Applicable to Data Centers These are to be considered the basic twelve (12) requirements for constructing a data center in the Village. § 295-390. Emergency Contact Information This is a requirement for public safety of the facility and the surrounding area. § 295-391. Lighting These requirements are proposed to protect the neighboring properties from light intrusion, as well as reducing the impact of light pollution in the Village. § 295-392. Buffering/Screening/Landscaping These requirements address the aesthetics of a proposed Data Center, encouraging the use of natural visual barriers, and will be reviewed by the Site Review Committee with their recommendation being forwarded to the Planning and Zoning Commission prior to any action of a Conditional Use Permit. § 295-393. Perimeter Security Fencing PAGE 97 Page 3 of 4 Fencing will be considered for security purposes, while being mindful of the surrounding area, and will be reviewed by the Site Review Committee. § 295-394. Noise. This section addresses the impact of noise prior to construction and following the opening of a data center. § 295-394. Utility And Infrastructure Plan This plan will address concerns about the impact of any data center on the existing and future utility and infrastructure needs of the Village. It also places a ban on the use of energy generated by a nuclear source. § 295-395. Generator and Testing Requirements This section places restrictions on any backup generators so as to lessen the potentially harmful impact on the local infrastructure grid. § 295-396. Cooling Requirements This section has been created to minimize the impact of any data center on the current and water system in terms of usage and environmental factors, when it comes to the cooling requirements of such a facility. § 295-397. Water Management Similar to the prior section, this section has been created to minimize the impact of any data center on the current and water system. § 295-398. Waste Heat This section is intended to reduce, if not eliminate, the impact of waste hear emanating from the facility on neighboring properties. § 295-399. Low Impact and Energy Efficiency Considerations This section encourages the use of alternative energy sources, as well as the overall impact of any data center on the environmental health of the Village. § 295-400. Avoidance Of Nuisance Conditions This should be considered as the general “catch-all” section of the Chapter, to regulate and address those situations and conditions which are not and cannot be anticipated during the Conditional Use Permit application process. § 295-401. Conditional Use Permit Application Requirements This section clearly defines the requirements for any application, including an appraisal of neighboring properties, a traffic study, noise assessment, waste management plan, emission plan, water usage assessment, and a decommissioning plan in the event the data center is abandoned. This last condition would require a “performance bond, letter of credit, or other financial assurance payable to the Village, sufficient to assure that decommissioning of the site can be achieved by a third party in the event that the applicant defaults in that obligation, which financial assurance shall be provided prior to commencement of construction.” The PAGE 98 Page 4 of 4 actual amount of any performance bond or letter of credit should be discussed prior to final action on the Ordinance. § 295-402. Process and Standards for Approval of Conditional Use Permit This section more closely defines the process for considering a Conditional Use Permit and grants the Village “authority to hire a consultant to review the Conditional Use Permit Application and all Plans and to provide recommendations concerning the compliance of the proposed facility with th e applicable standards and requirements associated with the siting, construction, operation, and decommissioning of the Data Center and all accessory structures and facilities. Any expenses incurred by the Commission's hiring of a consultant shall be borne by the applicant. The expenses incurred may be charged against an escrow deposit charged to the applicant at the time of filing of the application.” RECOMMENDED MOTIONS * To direct the Village Attorney to review th e proposed Data Center ordinance and make any recommendations and alterations prior to submission to the Planning and Zoning Commission for their review and recommendation to the Village Board. PAGE 99 ORDINANCE 2026- (DATA CENTERS) - Page 1 of 15 ORDINANCE 2026-__ AN ORDINANCE REPEALING AND RECREATING ARTICLE XXXVI (DATA CENTERS) OF CHAPTER 295 (ZONING) Purpose: The purpose of this Ordinance is to establish standards and regulations for the development and operation of Data Centers. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Article XXXVI (Temporary Moratorium on Data Center Development) of Chapter 295 (Zoning) is hereby repealed and recreated as Article XXXVI (Data Centers) of Chapter 295 (Zoning) to read as follows: § 295-385. Purpose. A. The purpose of this ordinance is to facilitate appropriate lo cation, development, construction, installation, and decommissioning of Data Centers in the Village of Hobart in a manner that promotes and protects the safety, health, and welfare of the community. B. This Ordinance and the standards and requirements established herein are intended to define and regulate Data Centers in order to minimize impact on adjacent and surrounding properties; to ensure compatibility with other adjacent and surrounding land uses; to protect environmental resources, and to assure that the correlative rights of landowners and lessors owning or leasing and hosting Data Centers are balanced with those of neighboring land and communities; and to assure that the location, construction, operation, and decommissioning of Data Centers are undertaken in a manner that integrates the use into the surrounding built and natural environment. C. The appropriate location, construction, and operation of Data Centers considers, avoids to the extent possible, minimizes, and mitigates any unavoidable adverse impacts to residential properties; neighborhoods; commercial areas; community and institutional buildings; land, air, and water resources; prime and productive agricultural lands; forests and woodlands; threatened and endangered species and critical habitat; and historic , natural, and sensitive lands. Standards and planning requirements are established to ensure that the use and enjoyment of lands located adjacent to and in the proximity of the Data Centers are fully safeguarded. D. The requirements of this Ordinance are intended to be supplemental to any safety, health, or environmental requirements of federal, state, or local laws, and regulations. § 295-386. Definition of Data Center. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: PAGE 100 ORDINANCE 2026- (DATA CENTERS) - Page 2 of 15 DATA Any information, whether digital, electronic, optical or quantum, that can be collected, stored, processed, or transmitted. DATA CENTER A facility used primarily for the storage, management, processing, or transmission of data and includes, but is not limited to, buildings designed to ac commodate computer servers, storage systems, or specialized computing hardware. A Data Center includes a Data Center principal use/structure, any Data Center accessory use/structure, and Data Center energy system. Examples of these facilities and uses include (but are not limited to) crypto processing, commercial cryptocurrency mining (bitcoin mining), artificial intelligence training and/or processing, and cloud-computing. DATA CENTER PRINCIPAL USE/STRUCTURE Any structure or building that is used primarily for the storage, management, processing, or transmission of data which includes, but not limited to, any building designed or used to accommodate and house computer servers, storage systems, or specialized computing hardware. DATA CENTER ACCESSORY USE/STRUCTURE Any structure or building that supports the operation of a Data Center is located on the same tract or assemblage of adjacent parcels and is developed ei ther as a unified development of or in further support of a Data Center. The category includes but is not limited to administrative, logistical, fiber optic, storage, and security buildings or structures; air handlers; process water and non-contact cooling water and wastewater management and treatment facilities; water holding facilities; pump stations; water towers; environmental controls (e.g., air conditioning or cooling towers, fire suppression, and related equipment), water cooling and storage facilities, security features, and any other associated electric, gas, water, wastewater, and stormwater infrastructure to support operations at the property. DATA CENTER ENERGY SYSTEMS Energy generation and storage systems, includin g electrical generators or engines, electric substations, back-up power generators, battery energy storage systems (BESS), used or intended to be used as sources of electrical power during normal operations, or as back-up temporary power when the main source of power is interrupted; electric transmission and distribution lines; and pipelines. FARMLAND OF STATEWIDE IMPORTANCE A map unit identified by the Natural Resources Conservation Service identifying soils that nearly meet the requirements for prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods. NOISE LEVEL The maximum sound pressure level measured in both A-weighted decibels (dBA) and C-weighted decibels (dBC) at the property line. SENSITIVE USE Any residential dwelling, school, preschool, daycare center, in-home daycares, long term care facilities, retirement and nursing homes, community centers place of worship, public park, public or institutional buildings or facilities, hospitals or other medical care facilities, forests and woodlands, threatened and endangered species and critical habitat, historic and cultural lands or agricultural operations. VILLAGE The Village of Hobart, Brown County, Wisconsin PAGE 101 ORDINANCE 2026- (DATA CENTERS) - Page 3 of 15 WASTE HEAT Heat generated as a byproduct of data center operations. § 295-387. Permitted Use as Conditional Use A. A Data Center shall only be allowed in the following zoning districts as a conditional use: 1. I-1 (Limited Industrial District) 2. I-2 (Industrial Park District) 3. I-3 (Airport Industrial District) B. A Data Center will only be permitted following the issuance of a Conditional Use Permit by the Hobart Village Board, following a review of and recommendation from the Planning and Zoning Commission and the Site Review Committee. § 295-388. General Requirements Relating to Location of Data Centers. No Data Center shall be located in locations under the following general conditions: A. On lands with slopes over 20% or which are prone to flooding, soil or geologic instability B. Where the disposal or release of any hazardous substance, pollutant, or contaminant from a Data Center could the aquifer. C. Where the structure or facility will restrict the flow of a 100-year flood, reduce the temporary storage capacity of the floodplain, or be placed in a manner likely to increase flood frequency, velocity, or heights so as to pose a risk or hazard to human health, property, wildlife, or land or water resources. D. In wetlands or within 50 feet of the boundary of any wetland. E. On prime farmland, or farmland of state importance. F. Where such facilities may cause or contribute to the taking of a threatened or endangered species or adversely affect critical habitat. § 295-389. General Requirements Applicable to Data Centers. The standards in this Section shall apply to all Data Centers. A. Setbacks. Data Center principal, accessory, and energy systems structures or facilities, other than transmission and distribution powerlines, pipelines delivering electricity or natural gas to the property, and ingress/egress for road and rail traffic, shall be located: 1. At least 500 feet from all outer perimeter property lines of the Data Center regardless of the zoning classification of the adjacent property. These setbacks shall not apply to property lines that are interior to a Data Center site. 2. At least 1,500 feet from a Sensitive Use or the boundary of any Residential, Commercial, or Agricultural District. PAGE 102 ORDINANCE 2026- (DATA CENTERS) - Page 4 of 15 3. Any emission point or exhaust stack from a data center energy system whether for primary or backup power, shall be required to be at least one thousand (1,000) feet from the property boundary of any adjacent property and two thousand (2,000) feet from any Sensitive Use or the boundary of any Residential, Commercial or Agricultural District. 4. Where necessary to comply with the noise limits provided in Subsection H of this Section at the exterior perimeter property boundary, due to site configuration, topography, and projected equipment noise, the Planning and Zoning Commission may require greater setback distance. 5. The setback distance may be reduced up to 50% where the owner of the adjoining property to which the setback applies waives, in writing, the greater setback distance, and where buffering, fencing, or other landscaping is employed such that the noise levels are not exceeded at that property boundary B. Structure Height, Lot Coverage, And Impervious Surface. The Maximum Building Height, Lot Coverage, and Impervious Surface shall be defined by the standards applicable to Article XXXIII (Site Review/Development and Design Standards) of Chapter 295 (Zoning) of the Municipal Code. C. Design Standards. A Data Center shall be designed and constructed with these considerations. D. All principal and accessory structures and energy systems associated with a Data Center shall be arranged, designed, and constructed to be harmonious and compatible with the site and with the surrounding properties. In general, Data Centers that visually approximate commercial office buildings are encouraged. Data Center Accessory Use(s)/Structure(s) should be located to the side or rear of the Data Center Principal Structure. E. Buildings shall be sited and oriented to minimize visual impacts of the bulk of the building when examined on a line-of-sight basis from adjacent public streets and Sensitive Uses. F. Provide safe and convenient vehicular access to the site, including sufficient onsite queuing areas at security gates and delivery, loading/unloading, and staging areas. G. Accommodate adequate parking with a minimum of one (1) space per employee on the largest shift and three (3) visitor spaces. H. Incorporate appropriate erosion control/stormwater management practices. I. House the equipment used in any Data Center in a metered, electrically grounded, and pre- engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least thirty (30) minutes. The containment space shall contain baffles that automatically close in the event of fire, independent of a possible electric system failure. J. All building façades that face existing and/or planned public roads or face property zoned for residential use shall include these design features: 1. A change in façade surface to include building material, pattern, texture, color, accent materials at least every 150 horizontal linear feet. PAGE 103 ORDINANCE 2026- (DATA CENTERS) - Page 5 of 15 2. Windows, doors, or similar fenestration, i.e. faux windows which shall be distributed both horizontally and vertically and comprise at least 30% of the façades 3. At least one main entrance that is projected or is recessed from the main building plane and is differentiated from the remainder of the building façade by a change in building material. 4. The main entrance of the building shall incorporate plantings a minimum of 50% of the length of the façade that must include a mix of evergreens, deciduous shrubs, grasses, or ferns. These plantings are in addition to any required buffers or landscaping requirements. 5. All loading and unloading areas, including overhead doors, shall be oriented towards the side or rear property lines away from public roadways. Loading docks are not permitted in the front or street side yards and shall not be oriented towards the front property line. 6. Varied materials, colors, and textures, particularly earthtones, are encouraged to create a high-quality and non-obtrusive design. K. All buildings must be constructed to minimi ze glare or reflection on adjacent properties and roadways and should use appropriate textured glass, anti-reflective coating, and screening. Data Center equipment may be ground mounted or roof top mounted. L. All ground mounted equipment, including generators, fuel storage tanks, and utility substations, are prohibited from the front yard. Ground mounted equipment shall be located on a side farthest from any type of residential zone use and are not permitted adjacent to any property with a Zoning District permitting residential use, an existing residential development, or residentially used property. § 295-390. Emergency Contact Information. Each Data Center shall provide 24-hour emergency contact signage visible at each access entrance. Signs shall include the company name (if applicable), the owner, operator, and/or representative’s name, the telephone number, and the corresponding local power company’s name and telephone number. § 295-391. Lighting. A. For the lighting of horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle paths, and site entrances, luminaires shall be aimed down, and shall meet Illuminating Engineering Society of North America (IESNA) full cut-off/fully shielded criteria. B. For the lighting of non-horizontal surfaces, such as, but not limited to, facades, landscaping, and signs, luminaires shall be shielded and shall be installed and aimed to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway. C. The illumination measured line-of-sight and from any point on any external perimeter property line shall at no time exceed 0.1 footcandle. D. Vegetation screens shall not be employed to se rve as the primary means for controlling glare. Rather, glare control shall be achieved primarily using such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle, and luminaire placement. PAGE 104 ORDINANCE 2026- (DATA CENTERS) - Page 6 of 15 E. Luminaires shall not be mounted more than 20 feet above the finished grade of the surface being illuminated. No pole-mounted lighting on the roof shall be permitted. F. Lighting for parking areas and vehicular traffic ways shall be automatically extinguished nightly within ½ hour of the close of the facility. When after-hour s site safety/security lighting is proposed, such lighting shall not exceed 25% of the number of fixtures required or permitted for illumination during regular business hours. Where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11 PM or after regular business hours, whichever is earlier, or the use of motion sensor control, shall be permitted. § 295-392. Buffering/Screening/Landscaping. A. The setback area required under Section § 295-389 (A) of this Ordinance shall serve as a buffer zone between the Data Center and the outer property boundary. B. No Data Center structures or facilities may be constructed within the setback areas, provided that within the first hundred feet of the setback area measured from the outer perimeter of the Data Center at the beginning of the setback area, parking areas may be constructed and interior surface roads may be located. C. Any parking or roads constructed within the setback areas shall be bermed and vegetated to shield off-site areas from glare and other visual impacts associated with the interior vehicular travel and parking. Any landscape buffer shall include an earthen berm with a minimum height of four (4) feet and a grade no steeper than 2:1. D. Except as provided in subsections (B) and (C) above, no impervious surface is permitted within any landscape buffer except for access roads and sidewalks. E. All Data Center accessory structures and buildings and Data Center Energy Systems shall be fully screened on all sides from all existing and planned public roads as well as adjoining properties, utilizing a mixture of screening materials, berms, and landscaping. Screening can be accomplished using any combination of existing vegetation, a newly plan ted vegetative screen, fence, screen wall, panel, parapet wall, or other opaque screen. Screening is no t required where the principal building itself serves to effectively screen an accessory structure or building or energy system from adjacent roads and properties. A species of trees or shrubs shall be used that ensures visibility through the screening is blocked by at least eighty (80) percent throughout the entire year. The effective screening height of the trees or shrubs shall be at least four (4) feet in height at the time of planting. The landscape buffer shall be a minimum of twenty-five (25) feet in width and may be part of the minimum setback area. F. Plantings should be provided in the setback area, as screening, at the main entrance of any Data Center primary building, in parking lots, and along the façade of the proposed Data Center. G. The owner and operator of any Data Center shall have an affirmative and continuing duty to ensure that all buffering/screening standards and requirements are maintained on an ongoing basis. H. The Site Review Committee shall review all buffering, screening and landscaping plans for a Data Center and make a recommendation to the Planning and Zoning Commission prior to the Commission reviewing any Conditional Use Permit application. PAGE 105 ORDINANCE 2026- (DATA CENTERS) - Page 7 of 15 § 295-393. Perimeter Security Fencing. A. Fencing may be considered for security purposes but is not needed for land use compatibility if appropriate and effective screening, buffering, and landscaping are provided. A. Fences shall not exceed ten (10) feet in height above ground. B. Chain-link, slatted-insert, and barbed or razor wire fencing is not allowed along public streets or external perimeter property lines. C. Permitted fence materials include aluminum and iron. D. Video and/or audio surveillance shall be restricted to within external perimeter property lines and public right-of-way adjacent to or abutting the Data Center property. B. The Site Review Committee shall review all perimeter security fencing plans for a Data Center and make a recommendation to the Planning and Zoning Commission prior to the Commission reviewing any Conditional Use Permit application. § 295-394. Noise. All Data Centers shall meet the following minimum standards: A. Noise from operations, including primary and accessory structures and uses and energy systems, shall not exceed 40 dBA or 60 dBC6 between 10:00 p.m. and 7:00 a.m., and shall not exceed 45 dBA or 65 dBC at any other times at any external perimeter property line. B. In addition to the decibel limits prescribed in the subsection above, operations shall not generate vibration, oscillation, or infrasound that causes perceptible resonance within any building or adverse impacts on the human body, including but not limited to dizziness, headaches, nausea, sleep disturbance, or other recognized health effects. Compliance shall be determined based on standards issued by ANSI and ISO for human exposure to whole-body and low-frequency vibration (e.g., ISO 2631 and ANSI S2.71) and shall be measured and compliance determined at any external perimeter property line. C. The locations of the noise measuring equipment for the pre-construction noise analysis shall be shown on the submitted site plan. The points of measurement shall be at all external perimeter property lines at locations most susceptible to noise from applicable proposed equipment. D. The maximum sound levels identified herein do not apply to emergency alerts; emergency work to provide electricity, water, or other public utilities when public health or safety is involved; snow removal; or road repair. Maximum sound levels do apply to testing or routine operation of emergency equipment for backup or primary power generation and to other situations that do not involve public health or safety. E. A Noise Assessment, Monitoring, and Mitigation plan shall accompany any conditional use permit application and shall include: 1. Assessment of baseline ambient levels of noise before construction, measured in all directions at the external perimeter property lines on which the Data Center is proposed to be located and any related activity is proposed to be conducted. PAGE 106 ORDINANCE 2026- (DATA CENTERS) - Page 8 of 15 2. Assessment of all noise projected to be associated with the proposed Data Center (including all structures, facilities, and energy systems) before and after incorporation of noise minimization and abatement measures to control and minimize all exterior noise (including high, mid- and low-frequency) generated by the Data Center, including but not limited to exhaust vents, cooling equipment, chiller fans, and on-site power generation. 3. An Acoustical Study prepared by a qualified noise consultant showing: (a) Expected daytime and nighttime sound levels, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines. (b) Include both A-weighted (dBA) and C-weighted (dBC) measurements, with full frequency spectra to identify low-frequency and tonal components. (c) Provide sound level projections and modeling for multiple distances from the facility, with measurements taken both outdoors and indoors of nearby dwellings. (d) Conduct testing during nighttime and early morning hours, when cooler air and atmospheric conditions may increase sound propagation, and (e) Recommend specific mitigation measures (e.g., barriers, enclosures, mufflers, alternative cooling technologies) to ensure compliance with the noise standards of this Ordinance. 4. A vibration study shall also be submitted if any mechanical equipment or cooling infrastructure is installed within 2,000 feet of a Sensitive Use. 5. Design of Noise Monitoring, Minimization, and Mitigation Plan including real time continuous monitoring and analysis of noise data sufficient to demonstrate compliance with the applicable standards over time and to identify patterns, trends, and potential areas of improvement; and use of frequency analysis to identify and address low-frequency tones associated with cooling fans or other equipment. 6. Incorporation of measures sufficient to avoid off-site nuisance conditions from all frequencies of noise, at all hours of the day and night, and conform to the required limits at the property lines of the Data Center. Measures may include, but not be limited to, acoustic barriers or shrouds, higher efficiency/lower speed fans, or other noise reduction devices sufficient to assure that the noise levels measured at the perimeter property boundary for the Data Center conform to the required levels and to prevent nuisance conditions. 7. All required noise analyses shall be designed and conducted by a certified/ licensed acoustical engineer. The points of measurement shall be on each external perimeter property line at locations selected as those most 14 susceptible to noise from applicable proposed equipment. Any noise analysis shall include the date, time, and duration of measurements taken and shall be taken at various times of the day and night. 8. The Village shall require the applicant to conduct post-construction during operation compliance testing within six months of co mmencement of operation, using the same methodology, to verify actual sound levels and the effectiveness of mitigation measures. PAGE 107 ORDINANCE 2026- (DATA CENTERS) - Page 9 of 15 Where any noise analysis postconstruction and during operation identifies greater than maximum permissible sound levels at any perimeter property boundary, the applicant shall be required to develop and submit for review and approval such measures, including relocation of equipment, reorientation, and other mitigation measures, as are needed to bring the modeled noise level to below acceptable limits. 9. The Village may, at any time thereafter, conduct such compliance testing, and where any noise analysis identifies greater than maximum permissible sound levels at any perimeter property boundary, may after reasonable notice and an opportunity to cure the conditions contributing to the exceedance, suspend or revoke the conditional use permit. § 295-394. Utility And Infrastructure Plan. An application for a conditional use permit shall contain a Utility and Infrastructure Plan, which shall include the following: A. A Site Plan showing all structures and facilities to be used or constructed to support the Data Center operations, including all water, wastewater, electric, natural gas, and other infrastructure, and public utility service facilities. B. Identification and description of any existing or proposed transmission lines and other facilities that would be required in order to connect the proposed fa cilities to the grid, and any permits or other approvals needed to support such construction. C. Identification of any existing or proposed pipelines or gas transmission lines and other facilities that would be required in order to deliver natural gas or other gas or liquids to the facilities for use in heating or power generation. D. A description of any power sources proposed to be constructed or sited and operated, including emissions profile, noise, copies of applications for any required state or federal air permits. Any energy generation system designed or used to supply power directly to a Data Center during normal operations, including solar, wind, fossil fuel, or other energy generating systems, shall not be considered part of the Data Center use. Such systems shall be considered a 15 separate use and shall be approved only in accordance with any zoning regulations that allow and are applicable to such use. E. Information concerning any proposed grid interconnection. F. Documentation, including written verification from the applicable service providers, demonstrating the following: 1. Public utility capacity and related electrical infrastructure sufficient in size and capacity is or will be made available to ensure that the power requirements of the proposed project can safely be accommodated without adverse effect on the availability, reliability, quality, cost, or safety of the electric service to other customers. 2. Any system designed for cooling and operation of the facility (whether by electricity, water, or other means) will meet all applicable standards of this ordinance as well as state and federal law. 3. Water, stormwater, and wastewater management and treatment capacity sufficient in size and capacity is or will be made available to ensure that the requirements of the proposed PAGE 108 ORDINANCE 2026- (DATA CENTERS) - Page 10 of 15 project can be safely accommodated without adverse effects on the ava ilability, reliability, quality, cost, or safety of the water, wastewater, and stormwater management and treatment services to other customers. 4. Any enhancements or improvements required in order for such utility services to continue to be available without adverse effect or additional cost to existing customers will be in place before operation of the proposed project. G. A description of the processes that will be used for management of all water, wastewater including equipment cooling, humidity maintenance, process, and sanitary wastewater, and stormwater run-on and run-off, in accordance with all local state, and federal requirements. H. Demonstration that for any proposed battery storage or storage of any other device or group of devices capable of storing energy for supply at a later time, whether the energy is stored for use on- site or off-site, compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards, and include fire suppression systems designed specifically for battery storage. I. No Data Center or any supporting facility may rely on energy generated by a nuclear source located on site or within the Village of Hobart. § 295-395. Generator and Testing Requirements. A. Backup power generation using diesel fuel, natural gas, or Battery Energy Storage Systems are allowed for use at a Data Center. Gas or battery storage is preferred over diesel due to emissions concerns. B. Backup diesel generators shall be a minimum of Tier IV (or the highest Environmental Protection Association industry standard available at the time of application) which meet all applicable local, state, and federal emission and performance standards to minimize adverse effects from the generator emissions. C. Except for generator testing or commissioning activities, generator use shall be limited to backup and emergency use only when the primary source of electricity is interrupted or unavailable. Continuous generator use outside of power outages or interruptions is prohibited. D. Generators shall be tested no more than once per week per unit, and only during the hours from 12 P.M. to 5 P.M. Monday through Friday. E. If diesel fuel is used for a back-up generator, the application shall include information demonstrating that the fuel will be delivered during non-peak daytime hours, that storage of the fuel will conform to all applicable fire and safety standards, and that th e storage vessel is equipped with secondary containment to contain any release. § 295-396. Cooling Requirements. A. All liquid cooled equipment must be designed to utilize a closed-loop system. B. Water used for liquid cooling systems must come from a public or semi-public water system and not from any type of private well system. PAGE 109 ORDINANCE 2026- (DATA CENTERS) - Page 11 of 15 C. Water discharge from liquid cooling systems shall only occur after treatment (if required) and only to in accordance with all applicable local, stat e, and federal water pretreatment, discharge permit requirements and in conformity with state water quality standards. § 295-397. Water Management. An application for a conditional use permit for a Da ta Center shall include a Water and Wastewater Management Plan, which shall include: A. Projected daily and peak water demand. B. The source(s) of the water supply, including certification from any public or semipublic water supplier that it will supply the daily and peak water need and that the demand can be met without adverse effect on the availability, quality of service, potability of the water, or other qualitative or quantitative impacts on existing customers. C. Certification that the Data Center site is not located within a wellhead protection planning area D. Provide documentation that the Data Center design and equipment has incorporated best available technology and best practices to minimize water wa ste, maximize efficiency of water use, and to reclaim and recycle water to the extent possible. E. Provide documentation that any improvements to the water or wastewater utility infrastructure needed to serve the proposed Data Center will be paid by the applicant. F. Avoid cooling system discharge into the wastewater system and, if needed, minimize discharge and provide pretreatment as required. G. Documentation of efforts to incorporate cooling systems that do not discharge to the wastewater or stormwater systems, or which use non-chemical and non-water-based cooling. § 295-398. Waste Heat. A. No person, firm, or corporation shall cause, permit, allow, or maintain any artificial or mechanical source of heat, radiant energy, or exhaust that creates a condition of thermal discomfort, hazard, or damage to persons, animals, vegetation, or property beyond the external perimeter property lines of the Data Center. B. Thermal discharge, venting, or exhaust from any equipment, machinery, or operation shall not raise the ambient temperature at any external perimeter property line above naturally occurring conditions when measured at a height of 4 feet above ground level. C. Outdoor equipment and energy systems must be equipped with shielding, insulation, or dispersion devices to minimize radiant heat impacts. D. Exhaust from heating, ventilation, air conditioning, or industrial equipment shall be directed and diffused in such a manner as to prevent concen trated heat exposure to anywhere outside of Data Center, neighboring properties, or public rights-of-way. PAGE 110 ORDINANCE 2026- (DATA CENTERS) - Page 12 of 15 E. Rooftop or wall-mounted heat exhaust systems shall be equipped with baffles, louvers, or dispersal devices to prevent heat plumes from causing discomfort or damage to adjacent buildings or damage to vegetation. § 295-399. Low Impact and Energy Efficiency Considerations. Data Centers are encouraged to implement low-impact development practices in site design and energy efficiency, such as, but not limited to, the following A. Site Design. Select sites to: 1. Minimize land disturbance. 2. Maximize tree preservation. 3. Minimize impervious surfaces. 4. Minimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the vicinity. B. Energy/Resource Efficiency. 1. Orient buildings to take advantage of passive cooling and daylight opportunities. 2. Utilize alternative energy sources (solar, wind, hydro, etc.) as much as possible. 3. Provide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours. 4. Utilize reclaimed water for cooling, if available. 5. Encourage systems that limit the use of finite natural resources and their disposal. 6. Incorporate water-efficient landscape materials. 7. Utilize LED exterior/interior lighting. 8. Implement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy’s Better Buildings initiative and U.S. Green Building Council’s LEED Certification system. § 295-400. Avoidance Of Nuisance Conditions. Any use or activity producing emissions, fugitive dust, smoke, glare, exhaust, heat, or humidity in any form shall be designed, located, and carried on in such a manner that it is not perceptible at or beyond the external perimeter property line and does not exceed any standards established by this ordinance or local, state, or federal law or regulation. § 295-401. Conditional Use Permit Application Requirements. The application for a Conditional Use Permit for a Data Center shall include: PAGE 111 ORDINANCE 2026- (DATA CENTERS) - Page 13 of 15 A. A proposed site development plan identifying: 1. The zoning classification for all lands within 1 mile of the external perimeter property lines of the proposed Data Center site. 2. The legal boundaries of each separate parcel comprising the proposed site. 3. Proposed access route(s) and access control to the site. 4. The location of proposed improvements including but not limited to the Data Center Principal Structure, Data Center Accessory Use(s)/Structure(s), Data Center Energy Systems, parking, lighting, screening/buffering, perimeter fencing, and all ground-mounted equipment and utility infrastructure. 5. The location and use of internal roads, and any tram or railways. 6. Existing or proposed utilities providing electric, gas, water, and wastewater service the facility. 7. Evidence of compliance with all applicable setback requirements. 8. Location of the 100-year floodplain, wetlands, public rights-of-way, and cultural and historic resources on the proposed Data Center site and within 500 feet of the external perimeter property lines. B. An evaluation of the compatibility of the facility with scenic surroundings. C. An appraisal of the potential changes in property values and land use for property owners within one (1) mile of the facility resulting from the lo cation, construction, and operation of the proposed facility. D. A traffic study assessing the impact of the facility construction and operation on road and rail traffic to and within the facility. E. Description of potential for fire or explosion, and certification from the Hobart Fire Department and emergency response agencies of the capacity to address and response to any emergency situation regarding the Data Center and associated energy systems, including fuel delivery and storage. F. A Utility and Infrastructure Plan meeting the requirements of § 295-394 (Utility and Infrastructure) of this ordinance G. List all other permits and authorizations needed for construction and operation of the Data Center and include copies or links to the applications. H. A Noise Assessment, Monitoring, and Mitigation Plan meeting the requirements of § 295-394 (Noise) of this ordinance. I. A Waste Management Plan which shall identify a ll categories of solid waste, electronic waste, hazardous materials, and other refuse generated by the facility, 20 including packaging, cooling system by-products, and equipment replacement materials, and shall identify the manner in which the wastes will be stored, collected, processed, recycled, and disposed. PAGE 112 ORDINANCE 2026- (DATA CENTERS) - Page 14 of 15 J. An assessment of all anticipated emissions fr om the construction and o peration of the facility, including transportation K. An assessment of all water usage and wastewater generation and characterization, and plans for management of wastewater and stormwater. L. A decommissioning plan, prepared by a registered professional engineer, containing the following: 1. The estimated decommissioning timeframe and cost of removal of all structures, foundations, conduit, equipment, and interconnection facilities, and roads. 2. The salvage value of any equipment in current dollars and the calculations supporting the decommissioning estimate. The estimated salvage value of the material using current, publicly available material indices and/or firm quotes from a decommissioning or recycling company experienced in the decommissioning of data centers shall be provided. 3. The manner in which the Data Center will be decommissioned, including provision and a timetable for the removal of all structur es, foundations, conduit, equipment, and interconnection facilities and for the revegetation and restoration of the property to its original condition or preparation of the site in a conditi on compatible with the prior zoning of the parcel(s). 4. A performance bond, letter of credit, or other financial assurance payable to the Village, sufficient to assure that decommissioning of the site can be achieved by a third party in the event that the applicant defaults in that obligation, which financial assurance shall be provided prior to commencement of construction. § 295-402. Process and Standards for Approval of Conditional Use Permit. A. The Planning and Zoning Commission and the Vi llage Board shall have the authority to hire a consultant to review the Conditional Use Permit Application and all Plans and to provide recommendations concerning the compliance of the proposed facility with the applicable standards and requirements associated with the siting, construction, operation, and decommissioning of the Data Center and all accessory structures and facilities. Any expenses incurred by the hiring of a consultant shall be borne by the applicant. The expenses incurred may be charged against an escrow deposit charged to the applicant at the time of filing of the application. B. A Conditional Use Permit shall be issued by the Village Board only where the applicant demonstrates and the Village Board affirmatively finds, based on the evidence in the record taken as a whole, and after public notice and opportunity to be heard concerning the application, that all applicable requirements of this Ordinance have been or will be met regarding the location, construction, operation, and decommissioning of the Data Center and that issuance of the conditional use permit is consistent with the public health, safety, and welfare. C. The Village Board may impose any conditions deemed necessary or appropriate in order to allow the proper integration of the proposed Data Center into the zone and location in which it is proposed, and deemed necessary or appropriate to protect public health, safety, and welfare. Such additional conditions may include but are not limited to further limitations on noise, hours of operation, additional visual screening and buffering, traffic mitigation, setbacks, and infrastructure upgrades. PAGE 113 ORDINANCE 2026- (DATA CENTERS) - Page 15 of 15 D. The Village Board may, in considering an application for a Conditional Use Permit, consider the extent to which low-impact development and energy efficiency considerations have been addressed and incorporated into the proposed Data Center. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this ___ day of _____, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on _______, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk PAGE 114