The powers and duties of the Common Council under this chapter
shall be as follows:
A.
Changes and amendments. Review petitions to change zoning district boundaries or amend this chapter and take final action to approve or deny such petitions. (See § 275-22.)
[Amended 4-8-2014 by Ord. No. 2517; 7-28-2015 by Ord. No. 2549; 1-12-2016 by Ord. No. 2558; 10-13-2020 by Ord. No. 2642]
A.
Establishment. There is hereby established a Plan Commission for
the City of New Berlin under the authority granted by § 62.23,
Wis. Stats., and amendments thereto.
B.
Membership.
(1)
The Plan Commission shall consist of seven members as follows:
(a)
One member shall be the Mayor, who shall be its presiding officer.
(b)
One Alderman member, who shall be elected by a 2/3 vote of the
Council in April of each year.
(c)
One member shall be a citizen member of the Parks, Buildings
and Grounds Commission, elected by that Commission and confirmed by
the Common Council.
(d)
Four citizen members as appointed in April by the Mayor and
confirmed by the Council for staggered three-year terms. The Mayor
shall choose citizen members with technical experience, education,
background or knowledge of parks and recreation, architecture, engineering,
planning, development, environment, real estate, economics, conservation,
building, construction, land use law or other related fields.
(2)
The Secretary of the Plan Commission shall be the Director of Community
Development or his designee, who shall not be a voting member of the
Commission.
(3)
Official oaths shall be taken by all members in accordance with § 19.01,
Wis. Stats.
(4)
Vacancies shall be filled for the unexpired term in the same manner
as appointments for a full term.
C.
Organization. The Plan Commission may adopt rules for the conduct
of the business of the Commission in accordance with the provisions
of this chapter. The Commission may adopt further rules as necessary.
(1)
Meetings. Meetings shall be held at least monthly, or at the call
of the Mayor or a majority of the full Commission, and shall be open
to the public. A quorum of the Plan Commission shall be four voting
members.
(2)
The Plan Commission is authorized to create standing and special
committees to assist it in discharging its statutory duties, pursuant
to § 62.23, Wis. Stats. These standing committees shall
include the Architectural Review Committee, the Sign Committee, and
the Code Committee. Said standing and special committees shall be
appointed by the Mayor from within the membership of the Plan Commission.
The standing and special committees of the Plan Commission shall conduct
their activities in accordance with the scope of authority as established
by the Plan Commission upon its creation and shall be subject to the
administrative bylaws of the Plan Commission. The Plan Commission
may appoint additional standing or special committees to assist in
the performance of their duties, which committees shall be created
by the Plan Commission and their membership appointed by the Mayor.
(3)
Concurring vote. The concurring vote of a majority of the members
present and voting shall be required for Plan Commission action.
(4)
Minutes. Minutes of the proceedings and a record of all actions shall
be kept showing all votes taken, resolutions, findings, determinations,
transactions, and recommendations made. Copies of said minutes shall
be filed with the City Clerk as a public record.
D.
Powers and duties. The Plan Commission shall have the following powers
and duties:
(1)
Changes and amendments. Review petitions to change zoning district boundaries, sewer service area boundaries and urban service area boundaries, or amend this chapter and recommend that the Common Council approve or deny such petitions. (See § 275-22.)
(2)
Planned unit developments (PUD). Review PUD Overlay District petitions and recommend that the Common Council approve or deny such petitions. (See § 275-23.)
(3)
Zoning permit/use approval. Review applications for zoning permits, except in the single-family residential districts and agricultural districts and administrative permits exempted under § 275-17B(9) from Plan Commission review. The Plan Commission may also review any applications that have been referred by the Department of Community Development and take final action to approve or deny all applications coming before the Plan Commission. (See § 275-24.)
(4)
Conditional use permits. Review applications for conditional use permits and take final action to approve, approve with conditions, or deny such applications. (See § 275-27.)
(5)
Sign permits. The Plan Commission may also review any sign applications that have been referred by the Department of Community Development and take final action to approve or deny an application coming before the Plan Commission. (See § 275-29.)
(6)
Implement comprehensive plan, future land use map, and its components.
To prepare, adopt, amend, update and implement the City's Comprehensive
Plan and its components thereof for the physical development of the
municipality, including any areas outside of its boundaries which,
in the Commission's judgment, bear relation to the development of
the municipality in accordance with §§ 62.23, 66.1001
and 66.1027, Wis Stats. The City shall update its Comprehensive Plan
as deemed necessary or at a minimum every 10 years. The Commission
shall periodically review the City Park and Open Space Plan and make
recommendations to the City Council relating to the acquisition, planning,
and development of City parks and recommend to the City Council the
application of state and federal grant programs.
(7)
Official map and other regulations. To prepare, maintain, update
and recommend approval of the following documents to the Common Council:
(8)
Reports and recommendations on planning matters.
(a)
Matters to be referred to the plan commission. The Common Council
or other public body or officer of the City having final authority
thereon shall refer to the Plan Commission for its consideration and
report, before final action is taken, the following matters in accordance
with § 62.23, Wis. Stats. The report shall recommend approval
or denial on the following matters:
[1]
Location and architectural design of any public building, park
layout and design, including additions to and replacement of existing
buildings and facilities.
[2]
Location of any statue, memorial or any other matters to be
referred to the Plan Commission listed in § 62.23, Wis.
Stats.
[3]
Location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale, acquisition, or lease of land for any street,
alley, or other public way, park, playground, airport, area for parking
vehicles, or other memorial or public grounds.
[4]
Location, extension, abandonment, or authorization for any public
utilities, including gas, water, sewer, telephone, cable, electrical
or similar telecommunications-type uses, whether publicly or privately
owned.
[5]
All division of lands within the City's platting jurisdiction,
including its extraterritorial platting jurisdiction.
[6]
Location, character, and extent, or acquisition, leasing, or
sale, of lands for public or semipublic housing, slum clearance, relief
of congestion, or vacation camps for children.
[7]
All annexations, incorporations, or consolidations affecting
the City.
(b)
Timing of reports. Unless such report is made within 60 days,
or such longer period as may be stipulated by the Common Council,
the Council or other public body or officer may take final action
without it.
(9)
Interpretations of Zoning Ordinance provisions.
(a)
The Plan Commission shall interpret the zoning regulations and
the location of the boundaries of the zoning districts.
(b)
Whenever the Plan Commission is asked to interpret a C-2 Shoreland
Wetland Holding District boundary where an apparent discrepancy exists
between the City's Zoning Map and actual field conditions, the City
shall contact the Wisconsin Department of Natural Resources (DNR)
or its agent to determine if the Wetland Inventory Map is in error.
If the DNR staff concurs that the particular area was incorrectly
mapped as a wetland, the Plan Commission shall initiate appropriate
action to rezone the property within a reasonable amount of time.
The actual field location, staked and surveyed, shall be deemed the
boundary. In the case of a disagreement between the applicant and
the City over an assured wetland delineation boundary, the Plan Commission
authorizes the Department of Community Development the ability to
order an investigation, review, and/or obtain concurrence by SEWRPC
in order to resolve the boundary disagreement.
(10)
Permit substitutions of nonconforming uses. The Plan Commission shall review applications and may grant requests for substitution of more-restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made. Whenever the Plan Commission permits such a substitution, the use may not thereafter be changed without further application. (See Article VII.)
(11)
Miscellaneous other powers and duties. The Plan Commission shall
have such additional powers as may be necessary to enable it to perform
its functions and duties and promote municipal planning, as well as
all additional powers and duties granted or assigned by the Common
Council or by City ordinances, and all powers and duties granted or
assigned by Wisconsin statutes. Such additional powers shall include,
but not be limited to, the following:
(a)
To employ experts and a staff and to pay for their services,
supplies, equipment, and such other expenses as may be necessary and
proper, not to exceed the appropriations and regulations made by the
Common Council or placed at its disposal through gift, and subject
to any ordinance or resolution enacted by the Common Council.
(b)
To make reports and recommendations relating to the planning
and development of the City to public officials and agencies, public
utility companies, civic, educational, professional, and other organizations,
and citizens.
(c)
To recommend public improvement programs and financing thereof
to the Mayor or Common Council.
(d)
To request available information, records, and advice from any
public official to be furnished within a reasonable time as it may
require for its work.
(e)
To enter upon any land in the performance of its functions,
make examinations and surveys, and place and maintain necessary monuments
and marks thereon, in accordance with § 62.23(4), Wis. Stats.
(12)
Appeals of the Director of Community Development. If requested,
the Plan Commission shall hear and take action on appeals related
to the denial and/or conditions of approval of an administrative permit
decision of the Director of Community Development.
(13)
Park planning and design.
(a)
Review and make recommendations to the Common Council on updates
to the City's Park and Open Space Plan.
(b)
Guide in the acquisition, dedication, preservation, and development
of lands for public parks, facilities, and grounds.
(c)
Review and make recommendations to the Common Council on the
planning, engineering, design, development and recommending approval
of contracts, with consultation from other appropriate boards and
commissions, for all existing and proposed public parks, facilities
and grounds.
A.
Establishment. There is hereby established a Board of Appeals for
the City of New Berlin for the purpose of hearing appeals and applications
and granting variances and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
B.
Membership. The Board of Appeals shall consist of five members appointed
by the Mayor and approved by the Common Council. The Mayor shall make
nominations at least one month prior to their appointment.
(1)
Terms. Terms shall be for staggered three-year periods, except that,
of those first appointed, one shall serve for one year, two for two
years, and two for three years.
(2)
Alternate members. The Mayor shall appoint two alternative members
in addition to the five regular members, for staggered three-year
terms. The Mayor shall annually designate one of the alternates as
the first alternate member and the other as the second alternate member.
The first alternate member shall act only when a regular member is
absent or refuses to vote because of interest. The second alternate
member may act only when the first alternate is unable to act or is
already sitting or acting.
(3)
Director attendance at meetings. The Director, or designee, shall
attend all meetings for the purpose of providing technical assistance
when requested by the Board of Appeals.
(4)
Official oaths. Official oaths shall be taken by all members in accordance
with § 19.01, Wis. Stats., within 10 days of receiving notice
of their appointment.
(5)
Vacancies. Vacancies shall be filled for the unexpired term in the
same manner as appointments for a full term.
C.
Organization. The Board of Appeals shall organize and adopt rules
of procedure for its own governance in accordance with the provisions
of this chapter and applicable Wisconsin statutes.
(1)
Meetings shall be held at the call of the Chairman and shall be open
to the public.
(2)
Minutes of the proceedings and a record of all actions shall be kept
by the Board, showing the vote of each member upon each question,
the reasons for the Board's determination, and its finding of facts.
These records shall be immediately filed in the office of the Board
and shall be a public record.
(3)
The concurring vote of four members of the Board shall be necessary
to correct an error; grant a variance; make an interpretation; and
permit a temporary, unclassified, or substituted use.
D.
Powers and duties. The Board of Appeals shall have the following
powers and duties:
(1)
Variances. To hear and authorize appeals for variances to the dimensional requirements of this chapter where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. (See § 275-30B.)
(2)
Appeals. Hear and decide appeals of orders, requirements, decisions, and determinations made by the Building Inspector or Plan Commission. (See § 275-31.)
(3)
Assistance. The Board may request assistance from other City officers,
departments, commissions, and boards.
(4)
Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
[Amended 9-23-2014 by Ord. No. 2529; 1-12-2016 by Ord. No. 2558; 10-11-2016 by Ord. No. 2756; 10-13-2020 by Ord. No. 2642; 4-25-2023 by Ord. No. 2668]
A.
General responsibilities. The Department of Community Development
is responsible for formulating, implementing, directing, and administering
all community development programs and overseeing the City's
planning, engineering, inspection/zoning, housing, GIS/LIS, economic
development, park planning and design, tourism, public building/facility
planning, design and construction management, and water resource management
functions in accordance with the state statutes and local rules and
regulations. The Director of the Department of Community Development
or his or her designee shall serve the following boards and commissions:
the Common Council; Committee of the Whole; Plan Commission; Board
of Public Works; Community Development Authority; Board of Appeals;
Development Review Subcommittee; Architectural Review Subcommittee;
Code Review Subcommittee; Sign Subcommittee; Safety Committee; Housing
Trust Fund Board; Tourism Commission; Water Resource Management Utility
Committee; and Utility Committee.
B.
Powers and duties.
(1)
Subdivision and land development review. Review applications for subdivision and land division under Ch. 236, Wis. Stats.; this chapter; and Chapter 235, Subdivision of Land, of the Code of the City of New Berlin. Review, research, and investigate files, maps, renderings, documents, reports, surveys, plats, photographs, plans, models, building material samples, tests, site studies, impact statements/analyses, sites, site investigation, and make recommendation to the applicable board and/or commission to approve, approve with conditions, or deny with rationale.
(2)
Use, site, and architecture. Review applications for the change of
use, site, and architecture under this chapter. Review, research,
and investigate files, maps, renderings, documents, reports, surveys,
plats, photographs, plans, models, building material samples, tests,
site studies, impact statements/analyses, sites, site investigation,
and make recommendation to the applicable board and/or commission
to approve, approve with conditions, or deny with rationale.
(3)
Rezoning, planned unit developments, conditional uses. Review applications
for rezoning, planned unit developments, and conditional use for compliance
with this chapter and the Comprehensive Plan. Per § 66.1001(2m)(b),
Wis. Stats., a conditional use does not need to be consistent with
the City's Comprehensive Plan. Review, research, and investigate
files, maps, renderings, documents, reports, surveys, plats, photographs,
plans, models, building material samples, tests, site studies, impact
statements/analyses, sites, site investigation, and make recommendation
to the applicable board and/or commission to approve, approve with
conditions, or deny with rationale.
(4)
Code amendments. The Department shall recommend revisions and updates to this chapter, Chapter 235 (Subdivision of Land) and other relevant parts of the Municipal Code of the City of New Berlin, to the Plan Commission, applicable boards and commissions and the Common Council.
(5)
Comprehensive planning. The Department shall update the City's
entire Comprehensive Plan at least once every 10 years. The Comprehensive
Plan shall contain the following elements: Issues and Opportunities;
Housing; Transportation; Utilities and Community Facilities; Agricultural,
Natural and Cultural Resources; Economic Development; Intergovernmental
Cooperation; Land Use; and Implementation. The City's Park and
Open Space Plan shall be updated at least once every five years.
(6)
Map amendments.
(a)
Create and administer a geographic/land information system (G/LIS)
for maintaining and updating housing, transportation, utilities, community
facilities, agricultural, natural resources, cultural resources, economic
development, governmental districts, zoning and land use maps.
(b)
Recommend to the Plan Commission changes that are necessary
to update zoning maps to reflect the most-current and accurate information.
(c)
Update zoning map changes and amendments as approved by Council.
(7)
Zoning permit/use approval/building permits. Review applications and permits for zoning permit/use approval and take final action to approve or deny such applications, or refer them to the Plan Commission (see § 275-24).
(8)
Administrative modifications. Review applications for administrative
modifications and take final action to approve or deny such applications.
(9)
Other administrative permits. Set procedures, review applications
and issue administrative permits through the permit application center
(over-the-counter) and take final action to approve, approve with
conditions, or deny such applications, and issue permits for the following
types of permits:
(a)
Reoccupancy permits;
(b)
Home occupation permits;
(c)
Temporary use permits;
(d)
Sign permits;
(e)
Minor architectural modifications (as determined by the Director);
(f)
Building and parking area additions requiring zoning permits
that are less than 20,000 square feet;
(g)
Properties with legal nonconforming setbacks require only the
issuance of a building permit as long as the encroachment is no greater
than the current setbacks, in which case the item may be considered
by the Board of Appeals;
(h)
Decks, patios, and fences for approved projects;
(i)
Fences for nonresidential properties;
(j)
Minor modifications to landscape plans. Minor modifications
might include a change in a plant species, change in plant location,
etc.;
(k)
Accessory buildings located within nonsingle-family residential
zoning districts with a maximum size of 2,500 square feet. Accessory
buildings in nonsingle-family residential zoning districts that exceed
2,500 square feet shall require Plan Commission review and approval.
(10)
Other powers and duties. In addition to the specific powers
and duties enumerated above, the Director or his designee shall have
other powers and duties necessary to effectively administer and enforce
this chapter. These additional powers and duties shall include, but
shall not be limited to, the following:
(a)
Maintain records of all zoning and land division, use, conditional
use, and sign permits issued, investigations and inspections made,
work approved and other official actions taken.
(b)
Establish that all necessary permits that are required for floodland
uses and wetland uses by state and federal law have been secured.
(c)
Inspect all structures, lands, and waters as often as necessary
to assure compliance with this chapter.
(d)
Investigate all substantiated complaints made relating to the
use of structures, lands, and waters; give notice of all violations
of this chapter to the owner, resident, agent, or occupant of the
premises; and report uncorrected violations to the City Attorney in
a manner specified by that office.
(e)
Assist the City Attorney in the prosecution of Zoning Ordinance
violations.
(f)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him to ensure
compliance with this chapter. If, however, the Director or his designee
is refused entry after presentation of his identification, he may
procure a special inspection warrant in accordance with § 66.0119,
Wis. Stats.
(g)
Request assistance and cooperation from the Fire Department,
City Police Department, City Attorney, and any other City department
or outside agency as deemed necessary by the Director or by county,
regional or state agencies.
(h)
Refer complaints in other areas to the proper department, county
agency, or state division responsible for enforcement.
(i)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the City's Comprehensive
Plan, development ordinances and zoning ordinances. In addition, information
in the form of reports, bulletins, maps, and other data shall be available.
The Department may set fees and update them from time to time as necessary
to recover the cost of providing information to the public.
(j)
Assist the public in filling out necessary applications and
forms.
(k)
Establish that all the necessary requirements, plans, fees,
and information for a complete application are met and received prior
to acceptance and processing of the application or permit.
(l)
Enforce policies and procedures as established by various City
boards and commissions.
(m)
Issue cease-and-desist orders through the City Attorney's
office where necessary to protect the health, safety, and welfare
of the community.
(n)
Where useful, the Department of Community Development or its
agent may set marks on bridges or buildings or other markers which
show the depth of the 100-year recurrence interval flood or may set
marks delineating the boundaries of wetlands.
(o)
Coordinate all siting, planning, design, engineering, construction
management and implementation for projects related to: roadway maintenance,
rehabilitation and reconstruction; public facilities; parks and open
spaces; storm water and water resource management; public streetscapes;
and CIP budgets.
(p)
Conduct bi-annual PASER evaluations for all City-owned streets
and parking lots and prepare coordinated PASER report.
(q)
Responsible for developing, coordinating and implementing all
City public infrastructure standards via the developer's handbook,
including, but not limited to, road, sanitary, water, storm sewer,
public buildings/facilities, building systems and grounds.
(11)
Neighborhood plans or studies. The Department shall prepare
neighborhood plans and/or studies in accordance with the recommendations
in the City's Comprehensive Plan and/or at the direction of a
City board, commission, or Director.
(12)
Accommodations to address the needs of persons with disabilities.
If a handicapped or disabled person is in need of relief from the
terms of the Zoning Code in order to reasonably accommodate his/her
handicap or disability, he/she may make application to the Director
of Community Development for the issuance of an administrative zoning
permit to meet that accommodation. The Director of Community Development
may issue said administrative zoning permit if he or she determines
that the following conditions have been met:
(a)
The requested accommodation (i.e., the requested waiver of zoning
restrictions) or another less-extensive accommodation is:
(b)
The accommodation will not unreasonably undermine the basic
purposes that the Zoning Ordinance seeks to achieve and will not impose
a direct threat to public safety.
(c)
The zoning permit shall be recorded with the Waukesha County
Register of Deeds office and shall remain in effect for so long as
the person seeking the accommodation is in need of the accommodation
and continues to reside at or occupy the premises for which the accommodation
is sought. Persons having received such a zoning permit shall be required,
within six months of the end of the need for the accommodation or
the cessation of their occupancy of the premises, to notify the Director
of Community Development of that fact, at which point a release and
termination of the zoning permit shall be recorded with the Register
of Deeds.
(13)
Public parks, facilities and grounds. Maintain an inventory
and analyze the needs of the community by updating the City's
Park and Open Space Plan, at a minimum every five years, and incorporate
into the City's overall Comprehensive Plan; guide in the acquisition,
dedication, preservation, and development of lands for public parks,
facilities, and grounds in conjunction with the Plan Commission; coordinate
the planning, engineering, design, development and coordination of
contracts, with consultation from the Plan Commission, CDA and/or
other appropriate boards and commissions, for all existing and proposed
public parks, facilities and grounds in accordance with Common Council
approvals as part of a CIP budget and/or plan; provide linkages between
parks, open spaces, and public destinations.
[Amended 4-25-2023 by Ord. No. 2668]
A.
Designation. The Director is hereby designated as the enforcement
officer for the building and occupancy permit provisions of this chapter.
The Director may designate or delegate as necessary to carry out these
duties.
B.
Powers and duties.
(2)
Director. Make the necessary onsite inspections for enforcement of
all board and commission orders, zoning permit conditions, and requirements.
(3)
Permit application center (PAC). Direct and administer the PAC to
ensure compliance with application submittal requirements, fee collection,
and routing procedures as outlined in this chapter.
(4)
Other powers and duties. In addition to the specific powers and duties
enumerated above, the Director shall have other powers necessary to
effectively administer and enforce his or her duties under this chapter.
These additional powers and duties shall include, but shall not be
limited to, the following:
(a)
Maintain records of all permits issued, inspections made, work
approved, and other official actions.
(b)
Record the lowest floor elevations of all structures erected,
moved, altered, or improved, including those in the floodland districts.
Review recertification of the line and grade of footings prior to
allowing any further construction.
(c)
Establish that all necessary permits that are required are secured
and that all the necessary requirements, plans, fees, and information
for a complete application are met prior to acceptance and processing
of the permit.
(d)
Inspect all structures, lands, and waters as often as necessary
to assure compliance with this chapter.
(e)
Investigate all substantiated complaints made relating to the
location, construction or occupancy of structures and give notice
of all violations of this chapter to the owner, resident, agent, or
occupant of the premises, and report uncorrected violations to the
City Attorney in a manner specified by that office.
(f)
Assist the City Attorney in the prosecution of Zoning Ordinance
and Building Code violations.
(g)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him to ensure
compliance with this chapter. If, however, he is refused entry after
presentation of his identification, he may procure a special inspection
warrant in accordance with § 66.0119, Wis. Stats.
(h)
Prohibit the use, occupancy, or erection of any structure, land,
or water until such use or erection has been inspected and approved.
Issue stop-work orders when and where necessary.
(i)
Request assistance and cooperation from all appropriate agencies.
(j)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the City's Zoning Ordinance
and Building Codes. In addition, information in the form of reports,
bulletins, maps, and other data shall be available. The City may set
fees and update them from time to time as necessary to recover the
cost of providing information to the public.
(k)
Condemn all uninhabitable or structurally unsound buildings
and structures.
(l)
Enforce all conditions for the issuance of a permit as set forth
by the various City boards and commissions and other City departments.
(m)
Assist the public in filling out necessary applications and
forms.
(n)
Complete fire reviews and inspections for reoccupancy applications.
A.
Establishment. There is hereby established a Community Development
Authority for the City of New Berlin under the authority granted by
§ 66.1335 and § 62.1331(2), Wis. Stats., and amendments
thereto.
B.
Membership. The Community Development Authority shall consist of
seven members as follows:
(1)
One member shall be the Mayor, who shall serve as its Chairperson
and appoint the members of the CDA with confirmation by the Common
Council.
(2)
Consists of two Council Members who serve on their respective terms
and four citizen members. All are appointed by Mayor with the approval
of Common Council. Citizen members serve four-year terms.
[Added 1-12-2016 by Ord.
No. 2558]
(3)
The Mayor shall appoint no less than six City of New Berlin residents
having sufficient ability and experience in the fields of urban renewal,
community development and housing, as commissioners of the CDA. Two
members of the CDA must be members of the governing body (§ 66.1335(2)(a),
Wis. Stats.) The commissioners shall receive no compensation for their
services, but shall be entitled to reimbursement for their actual
necessary expenses, including local travel expense included in the
discharge of their duties. These persons shall be known as Commissioners
of the Community Development Authority.
[Amended 1-12-2016 by Ord. No. 2558]
(4)
Officers of the Authority shall be a Chairperson, a Vice Chairperson
and a Treasurer. The Executive Director and the City's Director of
Finance and Administration serving as Co-Treasurers shall be considered
ex officio members of the Authority with the right to participate
in all deliberations and actions of the Authority, but they shall
not have the power to vote on any matters that may come before the
Authority.
(5)
Election or appointment of officers. The Chairperson shall be the
Mayor of the City of New Berlin. The Vice Chairperson shall be elected
from among the Commissioners of the Authority. A Commissioner duly
elected by the Authority and the City's Director of Finance and Administration,
each serving as Co-Treasurer, shall perform the duties of the Treasurer.
The terms of appointment or election shall be made in the month of
May of each year and shall run until the next succeeding first day
of June or until a successor is appointed or elected.
(6)
Vacancies. Should the offices of Chairperson, Vice Chairperson, or
the office of Co-Treasurer occupied by a Commissioner become vacant,
the Authority shall elect a successor from its membership at the next
regular meeting, and such selection shall be for the unexpired term
of said office.
(7)
Chairperson. The Chairperson, when present, shall preside at all
meetings of the Authority. The Chairperson and the Executive Director
are authorized to execute on behalf of the Authority all contracts,
deeds, notes and other forms of obligations or instruments when duly
authorized by the Commissioners of the Authority to do so, except
in cases where the execution thereof shall be expressly delegated
by the Commissioners or by the CDAs bylaws to some other officer or
agent of the Authority, or shall be required by law to be otherwise
executed; and, in general, shall perform all duties incident to the
office of the Chairperson and such other duties as may be prescribed
by the Commissioners from time to time.
(8)
Vice Chairperson. In the case of the absence of disability of the
Chairperson, the Vice Chairperson shall perform the duties of the
Chairperson and shall also perform such other duties as may be required
by the Commissioners.
(9)
Co-Treasurers. A Commissioner duly elected by the Authority, and
the City's Director of Finance and Administration, shall serve as
Co-Treasurers. The Co-Treasurers shall have the care and custody of
all funds of the Authority. Such funds shall be deposited in the manner
provided by law in the name of the Authority in such banks as designated
as official depositories for the City of New Berlin, as authorized
by the City of New Berlin Common Council. Authority funds may be properly
commingled and invested with funds of the City, provided that a concise
and accurate accounting record of the Authority's funds is maintained.
(10)
Executive Director. The Director of Community Development shall
act as the Executive Director and as the Secretary of the Authority.
The Executive Director shall manage and supervise the administrative
operation of the Authority in accordance with the direction of the
Authority. The Executive Director shall also:
(a)
Execute those documents, in conjunction with the Chairperson;
(b)
Keep the minutes of the meetings of the Authority;
(c)
See that all notices are duly given in accordance with the provisions
of the CDAs bylaws or as otherwise required by law;
(d)
Be custodian of the records of the Authority; and
(e)
In general, perform all duties incidental to the duties of the Authority.
(11)
Legal counsel. The City Attorney shall act as legal counsel
to the Authority, consulting with outside legal authority as needed.
(12)
Official oaths shall be taken by all members in accordance with
§ 19.01, Wis. Stats.
C.
Organization. The Community Development Authority may adopt rules
for the conduct of the business of the Authority in accordance with
the provisions of this chapter. The Authority may adopt further rules
as necessary.
(1)
Meetings. All regular meetings of the Community Development Authority
shall be held in compliance with the provisions of the Open Meetings
Law of the State of Wisconsin[1] and shall be held at the New Berlin City Hall. Four Commissioners
shall constitute a quorum for the purpose of conducting its business
and exercising its powers and for all other purposes. Meetings are
held as necessary, or at the call of the Mayor or majority of the
full Commission, and shall be open to the public, except at may be
necessary and as permitted pursuant to the Wisconsin Open Meetings
Law.
[1]
Editor's Note: See Wis. Stats. § 19.81 et seq.
(2)
The Community Development Authority may hold public hearings as necessary
(3)
The Authority may establish subcommittees by motion to review certain
matters or issues that come before it from time to time. Such committees
shall have no authority to act except to report the matters and issues
back to the entire Authority with recommendations for appropriate
action to be taken by the Authority. The Director of Community Development
and/or a staff designee shall act as advisor and voting member of
any Community Development Authority subcommittee.
(4)
Special meetings. Special meetings may be called by the Community
Development Authority Chair whenever, in his/her judgment, such a
meeting is necessary, or whenever requested by at least three members
of the Community Development Authority. Such request may be made orally.
Notice of such special meetings shall be given by announcement thereof
at any regular meeting, or by written or telephone notice as hereinafter
provided, not less than 24 hours before the time fixed for such meeting.
Any business which could be conducted at a regular meeting may be
conducted at a special meeting.
(5)
Minutes. Minutes of the proceedings and a record of all actions shall
be kept by the Secretary, showing the vote of each member upon each
question, the reasons for the Community Development Authority's determination,
and its finding. These records shall be filed in the office of the
Director of Community Development and shall be a public record.
D.
Powers and duties. Per state statutes, the Community Development
Authority shall have the following powers and duties to conduct projects
related to blight elimination, urban renewal and community development
projects and housing projects in the City. The Community Development
Authority will serve as a housing and redevelopment authority. Specific
action taken related to the following powers shall be subject to review
and approval by the Common Council.
(1)
Prepare and implement projects and plans.
(2)
Acquire property (assemble real estate for redevelopment opportunities
or condemn property in furtherance of redevelopment).
(3)
Construct or repair improvements.
(4)
Sell, lease, encumber or retain and manage property acquired.
(5)
Enter into contracts.
(6)
Employ personnel.
(7)
Issue bonds and make loans.
(8)
Borrow money.
(9)
Invest funds.
(10)
Expenditure of any funds in excess of $5,000.
(11)
Disseminate blight elimination information.
(12)
Maintain records.
(13)
Administer grant programs.
(14)
Lead and coordinate economic development initiatives within
the City.
(15)
Amendments, deletions, or additions to these bylaws.
(16)
Performance of duties otherwise performed by the Plan Commission
pursuant to § 66.1105, Wis. Stats.
(17)
The Community Development Authority shall act as the agent for
the City of New Berlin in carrying out community development programs
and all authorized development activities except the implementation
of the City's Comprehensive Plan. The Community Development Authority
will ensure that all community development activities it undertakes
are consistent with the Comprehensive Plan. The Plan Commission will
continue to review subdivisions, land divisions, rezonings, reoccupancies
and general use approvals (not associated with larger, coordinated
developments and not associated with redevelopment plans or projects)
and determine their consistency with the City's Comprehensive Plan.
(18)
The Community Development Authority shall review projects and
developments that are part of special plan overlay districts, corridor
studies, and/or larger coordinated planned developments or revitalization
efforts.