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:
A. 
Provide efficient and timely review of applications and ensure fairness and due process;
B. 
Ensure that applications are reviewed consistently by establishing criteria in making recommendations and final decisions; and
C. 
Ensure complete and timely compliance.
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.
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.