A.
General. The subdivider shall pay the Village all
fees as hereinafter required and at the times specified before being
entitled to recording of a plat or certified survey map. At the time
of submission of a plat or certified survey, the Plan Commission and
Village Board shall require the subdivider to make a good faith deposit
with the Village Clerk to cover, in all or part, the expenses anticipated
to be incurred by the Village because of the land division. Unused
portions of such fund may be refunded to the subdivider.
B.
Preliminary plat.
(1)
A subdivider who submits a preliminary plat for the
Village Plan Commission and the Village Board shall file the preliminary
plat with the Village Clerk and shall deposit with the Village Clerk
a fee to cover the costs of reviewing the application. The fee for
a preliminary plat shall be an amount adopted by the Village Board
as a resolution. If the plat is rejected, no part of the fee shall
be returned to the petitioner.
(2)
A reapplication fee in an amount adopted by the Village
Board as a resolution shall be paid to the Village Clerk at the time
of reapplication for approval or amendment of any preliminary plat
which has previously been reviewed.
C.
Final plat.
(1)
The subdivider shall pay a fee in an amount adopted
by the Village Board as a resolution per lot within the final plat
to the Village Clerk at the time of first application for final plat
approval of the plat to assist in defraying the cost of review.
(2)
A reapplication fee in an amount adopted by the Village
Board as a resolution shall be paid to the Village Clerk at the time
of a reapplication for approval or amendment of any final plat which
has previously been reviewed.
D.
Certified survey.
(1)
The subdivider shall pay an application fee in an
amount adopted by the Village Board as a resolution for each certified
survey.
(2)
Should the subdivider submit an amended or revised
certified survey, the resubmittal fee shall be an amount adopted by
the Village Board as a resolution for each amended or revised certified
survey.
E.
Administrative fee. The subdivider shall pay a fee
equal to the cost of any administrative or fiscal work which may be
undertaken by the Village in connection with the plat or certified
survey map.
F.
Modification of fees. The Plan Commission and/or Village Board may waive or modify any requirement in this section in accordance with the provisions of § 410-32 of this chapter.
G.
Assessments. All outstanding assessments due to the
Village shall be due prior to the signing of the final plat or certified
survey by the Village.
H.
Cost determination. The subdivider of land divisions
within the Village shall reimburse the Village for its actual cost
of design, inspection, testing, construction and associated legal,
engineering and real estate fees incurred in connection with the preliminary
plat, final plat, replat or certified survey. The Village's costs
shall be determined as follows:
(1)
The cost of Village employees' time engaged in any
way with the land division based on the hourly rate paid to the employee
multiplied by a factor determined by the Village Clerk to represent
the Village's cost for expenses, benefits, insurance, sick leave,
holidays, vacation and similar benefits;
(2)
The cost of Village equipment employed;
(3)
The cost of mileage based upon the maximum current
IRS regulations, which is attributed to the land division;
(4)
The actual costs of Village materials incorporated
into the work, including transportation costs plus a restocking and/or
handling fee not to exceed 10% of the cost of the materials;
(5)
All consultant fees, including but not limited to
legal and engineering fees, at the invoiced amount plus administrative
costs. Unless the amount totals less than $50, the Village shall bill
the subdivider monthly for expenses incurred by the Village. Statements
outstanding for more than 30 days shall accrue interest at the rate
of 1 1/2% per month. Bills outstanding for more than 90 days
shall be deducted from the letter of credit. Amounts less than $50
shall be held for billing by the Village until amounts total more
than $50 or until the conclusion of project activities.
I.
Public site fees.
[Added 10-28-2008 by Ord. No. 2008-19]
(1)
If the Plan Commission and Village Board waive the requirement for dedication of public lands as provided in § 410-30, a fee for the acquisition of public sites to serve the future inhabitants of the proposed subdivision shall be paid to the Village Clerk/Treasurer at the time of first application for approval of a final plat of said subdivision in the amount of $750 for each dwelling unit within the plat allowed by the Zoning Ordinances.[1]
(2)
Public site fees shall be placed in a separate interest-bearing
account by the Village Clerk/Treasurer to be used only for the acquisition
or initial improvement of land for public parks, which shall include
grading, landscaping, installation of playground equipment, and construction
or installation of restroom facilities on land intended for public
park purposes.
A.
Where the subdivider alleges that extraordinary hardships
or particular difficulties may result from strict compliance with
these regulations, he may request variations or exceptions to the
regulations so that substantial justice may be done and the public
interest secured, provided that such variance or exception shall not
have the effect of nullifying the intent and purpose of this chapter.
Application for any such variance shall be made in writing by the
subdivider to the Village Clerk at the time when the preliminary plat
or certified survey is filed for consideration, stating fully all
facts relied upon by the petitioner, and shall be supplemented with
maps, plans or other additional data which may aid Village officials
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan. The Village
Clerk may request that the Village Engineer, Village Attorney or other
officials review each situation to ensure that the request is consistent
with the requirements and standards of this chapter. The Village Clerk
shall refer the matter to the Plan Commission with a written report
and recommendation from Village staff. The Plan Commission shall make
a recommendation to the Village Board. The previous granting of variances
or exceptions in the same or similar circumstances shall not of itself
constitute grounds for the granting of a variance or exception, nor
shall a strictly financial rationale constitute grounds for the granting
of a variance.
B.
The Plan Commission shall not recommend, nor shall
the Village Board grant, variances or exceptions to the regulations
of this chapter unless it shall make findings based upon the evidence
presented to it in each specific case that:
(1)
The granting of the variance will not be detrimental
to the public safety, health, or welfare or injurious to other property
or improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variance
is based are unique to the property for which the variance is sought
and are not applicable, generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
(4)
There would be no costs (present or future) to the
Village resulting from the granting of the variance or exception.
C.
Any recommendations for variances or exceptions by
the Plan Commission must be approved by a majority vote of the Plan
Commission and shall be transmitted to the Village Board. The Village
Board, if it approves, shall do so by resolution stating the reasons
for the granting or denying the variance or exception adopted by majority
vote and shall instruct the Village Clerk to notify the subdivider.
D.
Variances from the strict application of this chapter
may also be granted in accordance with this chapter in the case of
planned unit developments, provided the Village Board, upon review
and recommendations from the Plan Commission, shall find that the
proposed development is fully consistent with the purpose and intent
of this chapter, Village zoning ordinances[1] and any Village Comprehensive Plan.
A.
Violations. It shall be unlawful to build upon, divide,
convey, record or monument any land in violation of this chapter or
the Wisconsin Statutes and no person shall be issued a building permit
by the Village authorizing the building on, or improvement of, any
subdivision, land division, certified survey or replat with the jurisdiction
of this chapter not of record as of the effective date of this chapter
until the provisions and requirements of this chapter have been fully
met. The Village may institute appropriate action or proceedings to
enjoin violations of this chapter or the applicable Wisconsin Statutes.
B.
Penalties.
(1)
Any person, firm or corporation who fails to comply
with the provisions of this chapter shall, upon conviction thereof,
forfeit no less than $100 nor more than $1,000 and the costs of prosecution
for each violation and in default of payment of such forfeiture costs
shall be imprisoned in the County Jail until payment thereof, but
not exceeding 30 days. Each day a violation exists or continues shall
constitute a separate offense.
(2)
Recordation improperly made, conveyance of lots in
unrecorded plats, or monuments disturbed or not placed have penalties
as provided for in § 236.32, Wis. Stats.
(3)
Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Revocation or suspension of permits.
(1)
The Village Engineer or Director of Public Works may
revoke or suspend any permit or approval issued under the regulations
of this chapter and may stop construction or use of approved materials,
equipment, methods of construction, devices or appliances for any
of the following reasons:
(a)
Whenever the Village Engineer or Director of
Public Works shall find at any time that applicable ordinances, laws
orders, plans and specifications are not being complied with and that
the subdivider or his contractor has refused to conform after written
warning or instruction has been issued to him.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit or of the permit or of
any approval.
(d)
Whenever, in the opinion of the Village Engineer,
Director of Public Works or Building Inspector, the subdivider has
provided inadequate management of the project.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(f)
Whenever there is a violation of any of the
conditions of an approval or occupancy given by the Village Engineer,
Director of Public Works or Building Inspector for the use of all
materials, equipment, methods of construction, devices or appliances.
(2)
The notice revoking a permit or approval shall be
in writing and may be served upon the applicant of the permit, owner
of the premises and his agent, if any, and/or on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the
premises in question by the Village Engineer, Director of Public Works
or Building Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it is unlawful for any person to proceed thereafter with
any construction operation whatsoever on the premises and the permit
which has been so revoked shall be null and void; and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Village Engineer or Director
of Public Works may order as a condition precedent to the reissuance
of the permit may be performed or such work as he may require for
the preservation of life and safety may be performed.
(5)
Any appeals of such revocations or suspensions must
be made in writing and within seven calendar days to the Village Clerk
for consideration by the Village Board at its next regularly scheduled
meeting, provided the appeal is filed not less than seven days prior
to the meeting date.
A.
The purpose of requiring approvals under this chapter
is to ensure the health, safety, morale, comfort, prosperity and general
welfare of the Village. This chapter shall not be interpreted as placing
any responsibility or liability on any Village official, Village employee
or the Village as a municipal corporation for the granting of approval
or the denial of any approval. All approvals rendered as part of this
chapter shall be considered as being approved conditionally based
on the information and circumstances apparent at that time.
B.
Approvals issued by the Village shall not be construed
as an assumption or expression of any responsibility, warranty or
guarantee, for the design or construction of any improvements within
the land division.
Pursuant to § 236.293, Wis. Stats.,
any restriction placed on platted lands by covenant, grant of easement,
land division, certified survey or consolidation approval, which was
required by the Village and which names a public body or public utility
as grantee, promisee or beneficiary, vests in the public body or utility
the right to enforce the restriction by law or in equity against anyone
who has interest in the land subject to the restriction. The restriction
may be released or waived by resolution of the Village Board.
A.
Whenever an owner of land within the Village and adjacent
to any subdivision which is the subject of this chapter seeks physical
connection to any of the streets, alleys, curb and gutter (including
stormwater drainage facilities), sanitary sewers, water mains, or
water laterals installed by a developer in conformance with this chapter,
or seeks to improve or connect to any lands dedicated to the Village
for streets which are adjacent to such owner's lands and which connect
to any of the above improvements placed by a developer at any time
within 15 years immediately following completion of such improvements,
such owner shall apply for approval thereof by the Plan Commission
and Village Board before commencing any work pertaining thereto. If
such application is approved, the owner shall pay the developer, its
successors and assigns 1/2 of either the actual costs of such improvements
as paid for by the developer according to frontage, with interest
at 5% per annum from date of completion of such improvements, or the
costs of such improvements according to frontage as calculated by
the Village Engineer at the time of such owner's application, whichever
is less.
(1)
Such owner shall not be obligated to pay such costs
if such owner's land cannot be developed because the land is a wetland,
the land has a slope over 20% (defined as the upper end of a rise
of 10 feet or more, vertically, in a horizontal distance of 50 feet,
perpendicular to the contours), the land is in a floodway, or for
any other reason as determined by the Village Attorney and Village
Engineer and approved by the Village Board.
(2)
Such costs shall be paid by the owner at the time
of connection and if not paid shall be levied as a special assessment
by the Village against the land.
B.
Whenever an owner of land outside the Village and
adjacent to any subdivision which is the subject of this chapter seeks
similar physical connection or seeks to improve or connect to any
lands dedicated to the Village for streets which are adjacent to such
owner's lands, such owner must first annex such lands to the Village
and thereafter make application as set forth above; provided, however,
that payment of the costs set forth above shall be made by such owner
upon annexation of such owner's lands to the Village.
C.
For a developer to recoup the costs set forth above
from any other landowner, the developer must follow the municipal
bidding procedures specified in § 61.55, 66.0901 or 62.15,
Wis. Stats., for construction of all such improvements, except that
a bidder shall not be required to post a bond with sureties.
Any person aggrieved by an objection to a plat
or certified survey or a failure to approve a plat or certified survey
may appeal therefrom, as provided in §§ 236.13(5) and
62.23, Wis. Stats., within 30 days of notification of the rejection
of the plat or certified survey. Where failure to approve is based
on an unsatisfied objection, the agency making the objection shall
be made a party to the action. The court shall direct that the plat
or certified survey be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable or discriminatory.
