Village of Winneconne, WI Article VII Fees

§ 565-52 Administrative and other fees.

A. General.

(1) The developer shall pay a fee equal to the cost of any legal, administrative or fiscal work which may be undertaken by the Village of Winneconne in connection with the plat or certified survey map. Legal work shall include the drafting of contracts between the Village of Winneconne and the developer. These fees may also include the cost of staff, subcontractors, contractors, professional opinions, or other personnel as deemed necessary by the Village Board, including, but not limited to, attorneys, engineers, landscape architects, land planners, staff, surveyors and others as requested by the Village Board, Plan Commission, or Village staff in connection with the land division being considered.

(2) The Village may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the Village's review of a proposal coming before the Village Board. The submittal of a development proposal application or petition by a developer, shall be construed as an agreement to pay for such professional review services applicable to the proposal. The Village may charge the costs for these services to the developer. The Village 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 developer. Review fees which are charged to a developer, but which are not paid, may be levied by the Village as a special assessment against the subject property. The developer shall be required to provide the Village 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 sample agreement is included as an attachment to this chapter.

(3) At the time of submission of a plat or certified survey, the Plan Commission or Village Board, at their sole discretion, may require the developer to make a good faith deposit with the Clerk-Treasurer 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 developer.

B. Engineering fee. The developer shall pay a fee equal to the actual cost to the Village for all engineering work incurred by the Village in connection with the plat or certified survey map, including inspections required by the Village. The developer shall pay a fee equal to the actual cost to the Village for such engineering work and inspection as the Village Board and/or Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Village or any other governmental authority. Engineering work shall include the preparation of construction plans, standard specifications and administration of the engineering work.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Administrative fee. The developer shall pay a fee to the Village equal to the cost of any legal, administrative or fiscal work which may be undertaken by the Village in connection with the plat or certified survey map.

D. Concept plan. There shall be no fee for the Village'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 developer who submits a preliminary plat for the Village Plan Commission and the Village Board shall file said preliminary plat with the Village Clerk-Treasurer and shall deposit with the Village Clerk-Treasurer a fee to cover the costs of reviewing said application. The fee for a preliminary plat shall be as prescribed in the current Village Fee Schedule[2] plus a per-lot fee as prescribed. If the plat is rejected, no part of the fee shall be returned to the petitioner.

[2] Editor's Note: The Fee Schedule is on file in the Village office.

(2) A reapplication fee as prescribed in the current Village Fee Schedule shall be paid to the Village Clerk-Treasurer 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 developer shall pay a fee as prescribed in the current Village Fee Schedule per lot within the final plat to the Village Clerk-Treasurer 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 prescribed in the current Village Fee Schedule shall be paid to the Village Clerk-Treasurer 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 developer shall pay an application fee as prescribed in the current Village Fee Schedule for each certified survey.

(2) Should the developer submit an amended or revised certified survey, the resubmittal fee shall be as prescribed in the current Village Fee Schedule for each amended or revised certified survey.

H. Objecting agency review fees. The developer shall transmit all fees required for state agency review to the Village Clerk-Treasurer at the time of application. Said review fees shall be retransmitted to the proper state review agency by the Village Clerk-Treasurer. Said fees shall be applicable, where appropriate, to review fees required by the Wisconsin Department of Administration, Wisconsin Department of Transportation, Wisconsin Department of Safety and Professional Services and the Wisconsin Department of Natural Resources.

I. Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

J. Improvement review fee. The developer 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 Village Engineer at the time of the submission of improvement plans and specifications to partially cover the cost to the Village of checking and reviewing such plans and specifications. Fee may be recomputed, upon demand of the developer or Village 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 developer. Evidence of cost shall be in such detail and form as required by the Village Engineer.

K. 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.

L. Cost determination. The developer of land divisions within the Village shall reimburse the Village for its actual cost of design, inspection, testing, construction and associated legal 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-Treasurer 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 reimbursed to Village employees 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 developer 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 forwarded to the developer's surety agency for payment. 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.