A.
General.
(1)
The subdivider shall pay a fee equal to the cost of
any legal, administrative or fiscal work which may be undertaken by
the City of Weyauwega in connection with the plat or certified survey
map. Legal work shall include the drafting of contracts between the
City of Weyauwega and the subdivider. These fees may also include
the cost of obtaining professional opinions, including but not limited
to attorneys, engineers, landscape architects, and land planners,
requested by the City Council, Plan Commission, or City staff in connection
with the land division being considered.
(2)
The City may retain the services of professional consultants
(including planners, engineers, architects, attorneys, environmental
specialists, recreation specialists, and other experts) to assist
in the City's review of a proposal coming before the City Council.
The submittal of a development proposal application or petition by
a subdivider shall be construed as an agreement to pay for such professional
review services applicable to the proposal. The City may charge the
costs for these services to the subdivider. The City may delay acceptance
of the application or petition as complete, or may delay final approval
of the proposal, until such fees are paid by the subdivider. Review
fees which are charged to a subdivider but which are not paid may
be levied by the City as a special assessment against the subject
property. The subdivider shall be required to provide the City with
an executed copy of an agreement as to costs, as set forth in the
Appendix,[1] to pay for said consulting services as a prerequisite
to the processing of the development application.
[1]
Editor's Note: See the sample agreement included at the end
of this chapter.
(3)
At the time of submission of a plat or certified survey,
the Plan Commission or City Council, at its sole discretion, may require
the subdivider to make a good faith deposit with the Administrator
to cover, in all or part, the expenses anticipated to be incurred
by the City because of the land division. Unused portions of such
fund may be refunded to the subdivider.
B.
Engineering fee. The subdivider shall pay a fee equal to the actual cost to the City for all engineering work incurred by the City in connection with the plat or certified survey map, including inspections required by the City pursuant to § 520-22C. The subdivider shall pay a fee equal to the actual cost to the City for such engineering work and inspection as the City Council and/or City Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the City or any other governmental authority. Engineering work shall include the preparation of construction plans and standard specifications and administration of the engineering work.[2]
C.
Concept plan. There shall be no fee for the City's
review of a concept or sketch plan of a proposed land division. However,
such reviews shall be conducted only as staff time permits.
D.
Preliminary plat.
(1)
A subdivider who submits a preliminary plat to the
City Plan Commission and the City Council shall file said preliminary
plat with the City Administrator and shall deposit with the City Administrator
a fee to cover the costs of reviewing said application. The fee for
a preliminary plat shall be set by the City Council. If the plat is
rejected, no part of the fee shall be returned to the petitioner.[3]
(2)
A reapplication fee as set by the City Council shall
be paid to the City Administrator at the time of reapplication for
approval or amendment of any preliminary plat which has previously
been reviewed.
E.
Final plat review fee.
(1)
The subdivider shall pay a fee as set by the City
Council per lot within the final plat to the City Administrator at
the time of first application for final plat approval of said plat
to assist in defraying the cost of review.
(2)
A reapplication fee as set by the City Council shall
be paid to the City Administrator at the time of a reapplication for
approval or amendment of any final plat which has previously been
reviewed.
G.
Objecting agency review fees. The subdivider shall
transmit all fees required for state agency review to the City Administrator
at the time of application. Said review fees shall be retransmitted
to the proper state review agency by the City Administrator. Said
fees shall be applicable, where appropriate, to review fees required
by the Wisconsin Department of Administration, Wisconsin Department
of Transportation, Wisconsin Department of Commerce and the Wisconsin
Department of Natural Resources.[4]
H.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the City Administrator shall require a fee pursuant to § 520-48 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
I.
Improvement review fee. The subdivider shall pay a
fee or present a bond, certified check, or irrevocable letter of credit
equal to 5% of the cost of the required public improvements as estimated
by the City Engineer at the time of the submission of improvement
plans and specifications to partially cover the cost to the City of
checking and reviewing such plans and specifications. The fee may
be recomputed, upon demand of the subdivider or City Engineer, after
completion of improvement construction in accordance with the actual
cost of such improvements and the difference, if any, shall be paid
by or remitted to the subdivider. At the City Council's option, this
procedure may be used as an alternative to the escrow account in Subsection
L below. Evidence of cost shall be in such detail and form as required
by the City Engineer.
J.
Assessments. All outstanding assessments due to the
City shall be due prior to the signing of the final plat or certified
survey by the City.
K.
Administrative costs.
(1)
Cost determination. The subdivider of land within
the City shall reimburse the City for its actual cost of design, inspection,
testing, construction and associated legal, real estate and other
fees incurred by the City in connection with the preliminary plat,
final plat, replat or certified survey.[5]
(a)
The City's costs shall be determined as follows:
[1]
The cost of City 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 City Administrator to represent the
City's cost for expenses, benefits, insurance, sick leave, holidays,
vacation and similar benefits.
[2]
The cost of City equipment employed.
[3]
The cost of mileage reimbursed to City employees which is attributed
to the land division.
[4]
The actual costs of City 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.
(b)
Unless the amount totals less than $50, the
City shall draw against the escrow account or bill the subdivider
monthly for expenses incurred by the City. 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 forwarded
to the subdivider's surety agency for payment. Amounts less than $50
shall be held for billing by the City until amounts total more than
$50 or until the conclusion of project activities.
(2)
Escrow for fees.
(a)
At such time as the subdivider submits a preliminary
plat or certified survey map for review by the City, the subdivider
shall deposit with the Administrator, in escrow, the sum required
by the following schedule to guarantee the timely payment of the City's
administrative costs:
(b)
In the event that the amount deposited with
the Administrator falls below 25% of the amount required to be deposited,
the City Council shall have the option of requiring the subdivider
to replenish the escrow to the original amount required hereunder.
In the event that the subdivider withdraws his/her plat or minor subdivision,
or the same is approved, and money remains in escrow over and above
the City's fees, the excess shall be refunded to the subdivider. The
escrow account shall not draw interest for the benefit of the subdivider.
The Administrator, with the approval of the City Council, shall have
the right to draw upon the escrow to reimburse the City for the fees
it has incurred in reviewing the minor subdivision or subdivision
on a periodic basis. An accounting of all fees incurred by the City
and the status of the escrow shall also be provided to the subdivider
periodically. In the event that the subdivider defaults in establishing
or replenishing the escrow, the City shall not be required to act
further upon the subdivider's request. Failure to replenish the escrow
shall be sufficient cause to reject the minor subdivision or subdivision.
