The Town Board makes the following legislative findings:
A. 
Development review processes should be easily understood and well structured, and only involve those steps and requirements that are needed to properly review the application. Excessive procedural requirements add unnecessary costs to development projects.
B. 
Enforcing the rules and regulations contained in this code is an important function of government.
The development review requirements and procedures in this code are intended to:
A. 
Provide efficient and timely review of applications and ensure fairness and due process;
B. 
Ensure that applications are reviewed consistently by establishing decision criteria in making recommendations and final decisions; and
C. 
Ensure complete and timely compliance.
Unless otherwise specified in this code, the owner of the property or a person having the power of attorney for the property owner shall sign the application submitted for review.
Submission of an application as may be required in this code authorizes Town officials and employees or other designated agents to enter the subject property to verify information in the application and to conduct other site investigations as may be necessary to review the application. This does not authorize any individual to enter any building on the subject property in the absence of the property owner or his or her authorized agent. Failure to allow access to the subject property is sufficient grounds to deny the application.
A. 
During application review process. During the application review process, the applicant has the burden of proof to show that the application should be approved based on the decision criteria relating to that application.
B. 
During appeal of an administrative decision. During an administrative appeal proceeding, the petitioner has the burden of proof to show that such decision is not consistent with this code.
C. 
During enforcement proceedings. During an enforcement proceeding, the Town official, board, or commission initiating the enforcement action has the burden of proof to show that the action or development is in violation of this code.
If a parcel is in violation of this code, no permit or approval of any kind shall be granted under this code that would benefit such parcel, except to correct the violation or as may be required by state law.
No permit or approval of any kind shall be granted under this code that would benefit a parcel for which taxes, assessments, special assessments, or other required payments are delinquent and unpaid.
To the extent possible, a development project requiring multiple reviews should be done concurrently. When one approval is a condition precedent to approval of another application, the approvals shall be issued in the requisite order.
A. 
Assessment of fees. From time to time, the Town Board may by resolution establish application fees and other charges it deems necessary in the administration of this code.
B. 
Timing for payment. Application fees shall be paid at the time the application is submitted for review.
C. 
Doubling of application fee. If an activity which requires prior authorization under this code is started before the authorization is granted, the application fee is automatically doubled unless the Town Board specifically establishes a different fee by resolution. Payment of such fee shall not release the applicant from full compliance with this code nor from prosecution for violation of this code.
D. 
Refunds. Application fees are nonrefundable, except when the application and fee were accepted by the Town staff in error.
A. 
Generally. When specifically authorized by this code and pursuant to § 66.0627, Wis. Stats., an applicant shall be responsible for paying the professional service fees of individuals or private firms the Town Board elects to hire to assist in the review of a submitted application. Such fees may cover time, materials, and other related expenses of attorneys, planners, engineers, and other specialists, and their support staff. Payment of fees is required whether the application is approved or not.
B. 
Billing procedure. The Town Clerk shall prepare an itemized statement of the professional service fees to be charged and provide a copy to the applicant. Such statement shall be in writing and shall contain, at a minimum, the following information:
(1) 
A statement that the applicant has a specified period of time, not less than 30 days, to pay;
(2) 
A statement that the applicant may appeal one or more of the itemized charges within 15 days of the date of the statement to the Town Board; and
(3) 
A statement that any unpaid charge will be assessed as a delinquent charge against the subject property.
C. 
Appeal of charges. To appeal one or more charges, the applicant shall submit a written appeal to the Town Clerk within the appeal period stated on the statement. The Town Board shall consider the matter at its next regular meeting, provided the date of the meeting is 10 days or more from the date the appeal is received. The Town Board shall have the power to approve the charges as assessed or reduce the amount of charges in whole or in part with cause.
D. 
Nonpayment. If the applicant does not appeal the charges within the time period specified in the statement, the County Treasurer shall automatically charge any unpaid amount as a delinquent tax against the property as provided by state law. In the event the applicant submits an appeal as provided in this section, no charges shall be placed on the tax roll unless and until such time as the Town Board approves the charges against the tax roll in whole or in part. In the event it is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All written information that an applicant submits during a presubmittal meeting or at any point in the review process is considered part of the public record subject to state and local law.
Statements and recommendations that are made by the Planning Administrator, Town staff and officials, and other representatives prior to or during the application review process shall not be binding on the decisionmaking body responsible for making the final decision.
A. 
Timing of withdrawal. An applicant may withdraw an application any time after submittal, but prior to a final decision.
B. 
Effect of withdrawal. A request to withdraw an application terminates the review process and no decision shall be rendered.
C. 
Retention of application materials. A withdrawn application and related review documents shall be kept as a permanent public record.
A. 
Commencement of work prior to end of appeal period. If a development project is approved under this code, the applicant may, upon receipt of the decision notice and satisfaction of all precedent conditions of approval, commence with the work as authorized under the approval with the understanding that an aggrieved person may file an appeal with the appropriate review body. Prior to the end of the appeal period, all such work proceeds at the risk of the applicant.
B. 
Effect of appeal on approval. If an aggrieved person appeals a decision granting approval, the approval shall be stayed and all work authorized by the approval shall cease until the reviewing body issues a final ruling relating to the approval.
A. 
Authority. In consultation with the appropriate reviewing authority, the Town Clerk shall from time to time prepare a schedule establishing deadlines for submitting the various types of applications required under this code.
B. 
Publication of schedule. The Town Clerk shall make the current review schedule available to the public and may post it on the Town's website.
In consultation with the appropriate reviewing authority, the Town Clerk shall prepare application forms and may amend them from time to time.
It is the responsibility of those undertaking development projects within the Town to obtain all applicable permits and other approvals as may be required by the Town of Algoma, Winnebago County, and federal and state authorities as may be required.