The Village Board makes the following legislative findings:
A.
Development review procedures 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.
The general public, property owners in the area, and affected agencies
have a right to know about proposed development projects and have
meaningful participation in the review process to the extent allowed
or required by this chapter.
C.
Enforcing the rules and regulations contained in this chapter is
an important function of government.
The development review requirements and procedures in this chapter
are intended to:
Unless otherwise specified in this chapter, the owner of the
property or a person having the power of attorney for the property
owner shall sign the application submitted for review. A person signing
an application under the authority of a power of attorney shall include
a copy of the power of attorney with the application.
Submission of an application as may be required in this chapter
authorizes Village 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 chapter.
C.
During enforcement proceedings. During an enforcement proceeding,
the Zoning Administrator or administrative unit taking enforcement
action has the burden of proof to show that the action or development
is in violation of this chapter.
If the Zoning Administrator determines that a parcel is in violation
of this chapter, no permit or approval of any kind shall be granted
under this chapter 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
chapter 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 Village Board may by resolution
establish application fees and other charges it deems necessary in
the administration of this chapter.
B.
After-the-fact fees. The Village Board may establish an after-the-fact
fee for any procedure it deems appropriate. Payment of such fees shall
not release the applicant from full compliance with this chapter nor
from prosecution for a violation of this chapter.
C.
Timing for payment. Application fees shall be paid at the time the
application is submitted for review.
D.
Refunds. Application fees are nonrefundable, except when the application
and fee were accepted by the Zoning Administrator or Village staff
in error.
A.
Generally. When specifically authorized by this chapter and pursuant
to § 66.0628, Wis. Stats., an applicant shall be responsible
for paying the professional service fees of individuals or private
firms the Village 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.
Upfront payment. The applicant shall submit an upfront payment established
by the Village when submitting an application. In the event the amount
in the escrow account is not anticipated to cover related costs, the
applicant shall promptly submit additional funds. In the event, the
amount in the escrow is not sufficient, no additional work should
proceed. In addition, the Village Clerk shall automatically charge
any unpaid balance as a delinquent tax against the property as provided
by state law.
All written information that an applicant submits to the Zoning
Administrator during a presubmittal meeting or at any point in the
review process is considered part of the public record subject to
disclosure under state and local law.
Any statements and recommendations that are made by the Zoning
Administrator, Village staff and officials, and other representatives
prior to or during the application review process are not binding
on the decisionmaking body responsible for making the final decision.
A.
Timing of withdrawal. An applicant may withdraw an application anytime
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.
If a development project is approved under this chapter, the
applicant may, upon receipt of the decision notice and satisfaction
of all precedent conditions of approval, commence 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. Similarly, any work that is done while an appeal is pending
is done at the risk of the applicant.
If a development project is approved under this chapter, the
review authority granting final approval may revoke or modify an approval
if it is determined that information in the application or otherwise
provided by the applicant or the applicant's agent was incomplete,
false, misleading, or inaccurate and such information would have altered
its decision to approve the application or the conditions of approval
which were or were not imposed.
A.
Authority. The Zoning Administrator shall from time to time prepare
a schedule establishing deadlines for submitting the various types
of applications.
B.
Publication of schedule. The Zoning Administrator shall make the
current review schedule available to the public and may post it on
the Village's website.
The Zoning Administrator shall prepare application forms and
may amend them from time to time.
It is the responsibility of those undertaking development projects
within the Village to obtain all applicable permits and other approvals
as may be required by the Village of Richfield, Washington County,
and federal and state authorities as may be required.
A building permit for the construction of a new building or
the expansion of an existing building shall not be issued until such
time as a zoning permit has been issued or a written determination
is made that one is not required.
