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 Town of Lowell in connection
with the plat or certified survey map. Legal work shall include the
drafting of contracts between the Town of Lowell 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 Town Board, Plan Commission, or
Town staff in connection with the land division being considered.
(2)
The Town may retain the services of professional consultants (including
planners, engineers, architects, attorneys, environmental specialists,
recreation specialists, and other experts) to assist in the Town's
review of a proposal coming before the Town Board. 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 Town may charge the costs for these
services to the subdivider. The Town 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 Town as a special assessment against the subject property. The
subdivider shall be required to provide the Town 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: Said Appendix is included as an attachment
to this chapter.
(3)
At the time of submission of a plat or certified survey, the Plan
Commission or Town Board, at its sole discretion, may require the
subdivider to make a good-faith deposit with the Clerk to cover, in
all or part, the expenses anticipated to be incurred by the Town 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 Town for all engineering work incurred by the Town in connection with the plat or certified survey map, including inspections required by the Town pursuant to § 250-20C. The subdivider shall pay a fee equal to the actual cost to the Town for such engineering work and inspection as the Town Board and/or Town Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Town or any other governmental authority. Engineering work shall include the preparation of construction plans, standard specifications and administration of the engineering work.
C.
Administrative fee. The subdivider shall pay a fee to the Town equal
to the cost of any legal, administrative or fiscal work which may
be undertaken by the Town in connection with the plat or certified
survey map.
D.
Concept plan. There shall be no fee for the Town's review of
a concept or sketch plan of a proposed land division. However, such
reviews shall be conducted only as staff time permits.
E.
Preliminary plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
A subdivider who submits a preliminary plat for the Town Plan Commission
and the Town Board shall file said preliminary plat with the Town
Clerk and shall deposit with the Town Clerk a fee to cover the costs
of reviewing said application. The fee for a preliminary plat shall
be in accordance with the Town Board's current Fee Schedule. If the
plat is rejected, no part of the fee shall be returned to the petitioner.
(2)
A reapplication fee in accordance with the Town Board's current Fee
Schedule shall be paid to the Town Clerk at the time of reapplication
for approval or amendment of any preliminary plat which has previously
been reviewed.
F.
Final plat review fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The subdivider shall pay a fee in accordance with the Town Board's
current Fee Schedule per lot within the final plat to the Town Clerk
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 in accordance with the Town Board's current Fee
Schedule shall be paid to the Town Clerk at the time of a reapplication
for approval or amendment of any final plat which has previously been
reviewed.
G.
Certified survey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The subdivider shall pay an application fee in accordance with the
Town Board's current Fee Schedule for each certified survey.
(2)
Should the subdivider submit an amended or revised certified survey,
the resubmittal fee shall be in accordance with the Town Board's current
Fee Schedule for each amended or revised certified survey.
H.
Objecting agency review fees. The subdivider shall transmit all fees
required for state agency review to the Town Clerk at the time of
application. Said review fees shall be retransmitted to the proper
state review agency by the Town Clerk. Said fees shall be applicable,
where appropriate, to review fees required by the Wisconsin Department
of Transportation, Wisconsin Department of Administration and the
Wisconsin Department of Natural Resources.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Town Clerk shall require a fee pursuant to § 250-37 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
J.
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 Town Engineer at the time of the submission of improvement plans and specifications to partially cover the cost to the Town of checking and reviewing such plans and specifications. The fee may be recomputed, upon demand of the subdivider or Town 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 Town Board'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 Town Engineer.
K.
Assessments. All outstanding assessments due to the Town shall be
due prior to the signing of the final plat or certified survey by
the Town.
L.
Administrative costs.
(1)
Cost determination. The subdivider of land divisions within the Town
shall reimburse the Town for its actual cost of design, inspection,
testing, construction and associated legal, real estate and other
fees incurred by the Town in connection with the preliminary plat,
final plat, replat or certified survey. The Town's costs shall
be determined as follows:
(a)
The cost of Town 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 Town Clerk to represent the Town's
cost for expenses, benefits, insurance, sick leave, holidays, vacation
and similar benefits.
(b)
The cost of Town equipment employed.
(c)
The cost of mileage reimbursed to Town employees which is attributed
to the land division.
(d)
The actual costs of Town 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.
(e)
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 Town shall draw against
the escrow account or bill the subdivider monthly for expenses incurred
by the Town. 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 Town 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 Town, it shall deposit with
the Town Clerk, in escrow, the sum required by the following schedule
to guarantee the timely payment of the Town's administrative
costs:
(b)
In the event the amount deposited with the Town Clerk falls
below 25% of the amount required to be deposited, the Town Board shall
have the option of requiring the subdivider to replenish the escrow
to the original amount required hereunder. In the event the subdivider
withdraws his/her plat or minor subdivision, or the same is approved,
and money remains in escrow over and above the Town's fees, the
excess shall be refunded to the subdivider. The escrow account shall
not draw interest for the benefit of the subdivider. The Town Clerk,
with the approval of the Town Board, shall have the right to draw
upon the escrow to reimburse the Town 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 Town and the status of the
escrow shall also be provided to the subdivider periodically. In the
event the subdivider defaults in establishing or replenishing the
escrow, the Town 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.
