As the pressure for further development in the Town continues to rise, the Town Board has found it increasingly important to acquire the services of competent planning, engineering and legal professionals with the technical expertise needed to evaluate the impact of proposed development activities on the health, safety, and welfare of the Town residents, infrastructure and public facilities. The Town Board has also found it appropriate to require the subdivider/owner seeking to subdivide land, rather than the general taxpayer, to pay the cost of these professional opinions required during the ongoing subdivision review and development process.
A.
Predevelopment agreement. Anyone applying for Town approval of activity regulated by this chapter shall enter into a predevelopment agreement with the Town at the time of concept review application, or if no concept review is required, at the first application under this chapter. Said agreement shall be executed by the Town and by all beneficial owners of the land for which the plat or certified survey map approval is sought unless excused by the Town Board from this requirement, in accordance with the criteria in this chapter. This agreement shall have the following provisions:
(1)
Property location and legal description identifying the parcel proposed for subdivision.
(2)
Provision that the subdivider/owner shall pay all administrative fees and professional costs incurred by the Town to study and review the concept plan, the preliminary and final plat for a major subdivision or the certified survey map for a minor subdivision, including:
(a)
Fees established by the Town Board for review of documents;
(b)
Consultation, in any format, without limitation, with people working in the following professional fields:
(c)
Agreement that all charges before, during and after the submittal of the development application will be included.
(d)
Professional review activities for which the developer is responsible include but are not limited to the following:
[1]
Initial and continuing review of preliminary plats, final plats or certified survey maps and associated engineering plans and specifications;
[2]
Inspection of the site and public improvements, stormwater management and erosion control devices while and after such improvements and devices are constructed;
[3]
Drafting or other preparation of any written opinions, advice and suggestions related to or necessitated by a developer's subdivision proposal and related activities;
[4]
Drafting and preparation of any ordinances, resolutions, contracts, agreements and other documents with respect thereto;
[5]
Attendance by the Town's professionals as requested by the Town at public meetings or hearings, and telephone and actual conferences with them;
[6]
Any other professional services and disbursements charged to the Town and necessitated by the developer's submission of a preliminary plat, final plat or certified survey map and/or the related construction of public improvements and stormwater management, erosion or sediment control measures by the developer.
(3)
Provision that payment of the costs shall be made by a cash deposit, cashier's check, in an amount established by resolution of the Town Board from time to time and on file in the office of the Town Clerk/Treasurer.
(4)
Provision that failure to pay any costs associated with review of the application shall result in the drawing of the funds deposited pursuant to Subsection A(3) of this section.
(5)
Provision for termination of the guarantee.
(6)
Any other provision deemed reasonable, appropriate, and the same or similar to other provisions in this section on a case-by-case basis by the Town Board.
(7)
Failure to complete the deposit pursuant to Subsection A(3) of this section will result in stoppage of all review by the Town until the subdivider/owner is in compliance.
(8)
The Town's approval of any final plat or certified survey map shall at all times be subject to and contingent on the full and prompt payment by the developer of all professional review fees and disbursements as required herein. In additional to the remedies contained or referred to in the developer's agreement, no Town permits of any kind shall be issued (including building permits) until such fees have been paid pursuant to Subsection A(3), and any Town permits already issued concerning the subject area shall be deemed suspended. If such amounts go unpaid, they may also be assessed back against all property in the plat or CSM for which review was undertaken as a special charge under § 66.0627, Wis. Stats., or from amounts being held by the Town under any letter of credit concerning the subject development project.
B.
Developer's agreement.
(1)
Developer's agreement required.
(a)
Anyone proposing to create a subdivision in the Town shall enter into a developer's agreement with the Town if the proposed development will:
[1]
Create or affect public improvements, whether already built or proposed to be built and dedicated to the Town;
[2]
Install erosion control or stormwater management devices that will be permanent and will drain or affect stormwater drainage from areas other than the lot on which such devices will be located; and/or
[3]
Include private improvements or infrastructure that will be maintained by all lot owners in the proposed development or an association of lot owners.
(b)
The developer's agreement shall be executed by the person/entity proposing the subdivision, by the record owner of the property proposed to be subdivided and by all persons/entities with a beneficial interest in the property, e.g., mortgagees.
(2)
Components of the developer's agreement. The agreement shall have the following provisions:
(a)
The developer's agreement shall identify all individuals or business entities holding an ownership interest in the subject property or holding an interest under an executed purchase agreement at the time the developer's agreement is executed. The developer's agreement shall also be executed and acknowledged by current and known future mortgagees and shall be binding on the successors and assigns of the named developers, owners and mortgagees.
(b)
The developer's agreement shall contain a full and accurate description of the area being subdivided.
(c)
The developers agreement shall require that cash, a cashier's check, a performance bond or an automatically renewable irrevocable letter of credit in favor of the Town, be filed with the Town and a copy attached to the agreement in an amount of 120% of the amount sufficient to cover the estimated costs of public or private infrastructure, erosion control devices, Town's professional fees incurred in reviewing and administering the development process, maintenance and snowplowing of roads before acceptance. When a performance bond is posted, the requirements of § 236.13(2)(am)1m, Wis. Stats., apply. The developer's agreement shall address whether and when an irrevocable letter of credit can be released, all or in part. The subdivider shall take all steps necessary to maintain the letter of credit in the Town's possession and not allow it to expire before completion of construction and the expiration of any warranty period.
(d)
The agreement shall disclose and confirm relevant details regarding the subdivider's bonding, insurance, sureties, warranties, continuing maintenance requirements and responsibilities, and other contracts and agreements affecting the subject property.
(e)
The agreement shall identify the exceptions and variances to state, county and Town statutes, ordinances and regulations that have been granted or are being sought for the subdivision.
(f)
Where any platted area in a subdivision or CSM will serve as open or buffer space and be jointly maintained and controlled by the owners of the platted lots, or where erosion control or stormwater management devices will be installed in the area being subdivided that will require ongoing maintenance, the developer's agreement shall require that a homeowners' association be created in accordance with § 168-22D of this chapter.
(g)
Any jointly maintained and controlled areas being subdivided shall have a written management and maintenance plan and/or a land stewardship plan pursuant to § 168-22F.
(h)
The agreement shall refer to or contain, as exhibits, the final documents naming the person(s) or business entity that will hold title to the property while the plat or certified survey map lots are being initially developed and built.
(i)
The agreement shall provide detailed information regarding the nature and extent, design, quantity, location and other relevant characteristics, and a construction schedule for all planned public infrastructure improvements including sewer service, water service, public ways and public or private roads, stormwater and erosion controls, berms, vegetative management and plantings, ponds, streams, paths, lighting, monumentation, outbuildings and other public improvements as may be required by state, county or Town statutes, ordinances or regulations existing at the time of plat approval.
(j)
The developer's agreement shall address the timing of joint driveway construction, shall require shared maintenance agreements concerning joint driveways and shall address the control and removal of debris and rubbish during initial construction on lots being created.
(k)
The agreement may contain agreement in other areas not expressly authorized or required by law, but that are nonetheless mutually agreeable to the subdivider/owner and the Town and which serve to promote public health, safety and welfare. Any such stipulations may not be made a condition of plat approval, nor may a subdivider's/owner's refusal to enter into such stipulations form the exclusive basis for plat or CSM rejection.
(l)
In all situations, the agreement shall require the subdivider/owner to pay:
[1]
All costs of constructing the improvements shown on the final plat; and
[2]
All of the professional fees for any work relating to the agreement, for any work to supervise or inspect work covered in the agreement on behalf of the Town, and/or for Town action taken in order to enforce the subdivider's/owner's obligations under this chapter or a developer's agreement.
(m)
The developer's agreement shall refer to and/or include as exhibits the following information:
[1]
Preliminary plat;
[2]
Final plat, to be added once approved and recorded;
[3]
Road design and construction plans;
[4]
Stormwater calculations and plans;
[5]
Irrevocable letter of credit (photocopy);
[6]
Construction schedule with cost estimates for all earthmoving and public improvements to be replaced by the developer with accepted bid amounts as soon as available;
[7]
Homeowners' association articles of incorporation and bylaws, where required;
[8]
Homeowners' association and any other restrictive covenants, where required;
[9]
Copies of the documents officially creating any developer business entity that holds or will hold title to the property while the plat or CSM lots are initially developed and/or built;
[10]
Conservation easements, where required;
[11]
Open space management plan and land stewardship plan, where required;
[12]
Other project-related information deemed reasonable, appropriate, and the same or similar to other provisions on a case-by-case basis by the Town Board.
(3)
Waiver of developer's agreement requirement. The Town Board may waive the requirement of a developer's agreement in situations where:
(a)
The application for subdivision of land complies with the Comprehensive Plan, with all applicable local and county ordinances and state law, and no variances or rezoning will be required;
(b)
No public or private roads, erosion control or stormwater management devices or other improvements, facilities or dedication of facilities or areas for public use or use by the residents of the subdivision, will be required as a result of the development being proposed; and
(c)
No utilities will be significantly altered.
(4)
When developer's agreement shall be executed and delivered to the Town.
(a)
For a major subdivision, the developer's agreement shall be executed upon conditional preliminary plat approval and delivered to the Town.
(b)
For certified survey maps, the developer's agreement shall be executed and delivered to the Town before Town final approval of the certified survey map.
(c)
Failure to execute and deliver a developer's agreement to the Town within 45 days of the time of conditional preliminary plat or preliminary certified survey map approval shall be considered a failure of a condition and grounds for denial of the preliminary plat or preliminary certified survey map unless the time is extended by written agreement between the Town and the subdivider.
C.
Ownership of open space areas. To ensure adequate planning for ownership, operation, and maintenance of common open space and common facilities, including, but not limited to, recreation facilities, stormwater management facilities, common parking areas and driveways, private roads and other common facilities, the following methods may be used, either alone or in combination, in ownership of common open space and/or common facilities. Any transfer of common open space or common facilities shall be to an entity permitted under this subsection, and then only when there is no change in the amount of common open space.
(2)
Conveyance of conservation easements to a public agency. The Town, or other public agency acceptable to the Town, may, but shall not be required to, accept conservation easements for any portion of the common open space, title of which is to remain in private ownership, provided that:
(3)
Conveyance of a conservation easement to a nonprofit conservation organization. With the approval of the Town Board, an owner may convey any portion of the common open space or common facilities to a nonprofit conservation organization, provided that:
(a)
The organization is acceptable to the Town.
(b)
The conveyance contains appropriate provisions for proper reverting or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its responsibilities.
(c)
A maintenance agreement acceptable to the Town is established between the owner and the organization.
(4)
Ownership by a private landowner. Ownership of common open space and common facilities may be held by a private landowner, provided that:
(a)
The Town and/or residents of the development shall hold conservation easements on the land protecting it from further development.
(b)
Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
(5)
Leasing of common open space lands. Common open space lands may be leased to another person or other entity for use, operation, and maintenance, provided that:
(a)
The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
(b)
The common open space lands to be leased shall be maintained for the purposes set forth in this section.
(c)
The operation of such leased open space lands may be for the benefit of the residents of the development only.
(d)
The lease, and any transfer or assignment thereof, shall be subject to the approval of the Town Board.
(e)
Lease agreements shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Town.
(6)
Other methods acceptable to the Town Board for maintenance and operation of common open space and common facilities. A plan and narrative for the use, maintenance and insurance of all common open space and common facilities, including provisions for funding, shall be provided to and approved by the Town Board before preliminary plat approval. Such plans shall:
(a)
Define ownership.
(b)
Establish necessary regular and periodic operation and maintenance responsibilities.
(c)
Estimate staffing needs, insurance requirements, tax requirements and other associated costs and define the means for funding the same on an ongoing basis.
(d)
Include a land stewardship plan specifically focusing on the long-term management of open space lands. A draft land stewardship plan shall be submitted with a preliminary plat, and a final plan shall be submitted with the final plat.
(7)
Failure to maintain open space. If the association established to own and maintain common areas and facilities, or any successor organization thereto, fails to properly maintain all or any portion of the aforesaid common areas or facilities, the Town may serve written notice upon such association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. Such notice shall set forth the nature of corrections required and the time specified for completion, after which the association, or any successor organization, shall be considered in violation of this chapter, in which case, the Town shall have the right but not the obligation to enter the premises and take the needed corrective actions. Pursuant to § 66.0627, Wis. Stats., the costs of corrective actions taken by the Town shall be assessed as a special charge against the properties that have the right of enjoyment of the common areas and facilities.
D.
Homeowners' association and/or landowner's agreement. As part of the developer's agreement, the subdivider/owner shall be required to prepare the documents to form a homeowners' association or, in the case of a certified survey map requiring maintenance of infrastructure, a landowner's agreement, if such an organization is required by the Town Board and/or any provision of this chapter. That agreement shall be reviewed by the Town Attorney and have the following provisions:
(1)
A description of the association, including a legal description of any proposed common open space and/or facility, the association bylaws and all documents governing maintenance requirements and use restrictions for open space, stormwater controls, ponds, trails, etc.
(2)
A provision that the association shall be responsible for taxes, insurance, enforcement of any restrictions and continuing maintenance of the common facilities.
(3)
A provision that the association shall be established by the subdivider/owner, with financial subsidy by the applicant as detailed in § 168-24, and shall be operating at the time of the sale of any lots.
(4)
A provision that membership in the association shall be mandatory for all lot owners and their successors and assigns.
(5)
A provision that the members of the association shall share equitably the costs of maintenance, enforcement, taxes and insurance.
(6)
A provision that written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance of common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities shall be given to all members of the organization and to the Town at least 30 days before such event.
(7)
A provision that the subdivider/owner, and their successors and assigns, provide a copy of the association documentation and responsibilities to all landowners in the subdivision.
(8)
A provision documenting conditions for and timing of transfer of ownership and control of land, facilities or moneys for associations, conservation easements and/or any other required financial guaranties by the subdivider/owner to the proper entity as detailed in any agreement signed under Article V of the chapter.
(10)
A provision giving the Town the right but not the obligation to serve written notice upon the association setting forth the manner in which the association, or any successor association, may have failed to maintain the common areas and/or facilities. Such notice shall set forth:
(a)
The nature of the correction required.
(b)
The time within which the corrections shall be made.
(c)
A provision detailing when the association shall be considered in violation of this chapter.
(d)
A provision giving the Town the right but not the obligation to enter the premises to take the needed corrective actions.
(e)
A provision that the costs of the corrective actions by the Town shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
(11)
A mechanism for resolving disputes among the owners or association members.
(12)
A provision for a periodic audit of association funds to best accounting practices at the time of the audit.
(13)
A provision for an annual report to the Town detailing action or lack of action during the previous year taken in accordance with the original management and maintenance plan and/or land stewardship plan.
(14)
Any other provision deemed reasonable, appropriate, and the same or similar to other provisions on a case-by-case basis by the Town Board.
E.
Conservation easement agreement. To ensure that the land protected under any conservation easement agreement is properly maintained, a conservation easement agreement shall have the following provisions:
(1)
Provision that the easement be a perpetual restriction.
(2)
Provision that easement documents shall be approved by the Town.
(3)
Provision detailing ownership of the easement land. If ownership is vested in a homeowners' association or a condominium association, provision that the association may be required to contract with a competent contractor approved by the Town, to sustain the plan. The Town's approval shall not be unreasonably withheld.
(5)
Provision that the easement documents shall be recorded in the office of the County Recorder of Deeds against all property affected by the easement.
(6)
Provision for notification of all property owners, their heirs, successors and/or assigns of the existence of said conservation easement.
(7)
List of allowed activities.
(8)
List of prohibited activities.
(9)
Provision for an annual report to the Town regarding action or lack of action to maintain the easement during the previous year in accordance with the original management and maintenance plan and or land stewardship plan.
(10)
Provision for transfer of the easement, subject to the Town's approval.
(11)
Provision delegating oversight and enforcement of the easement to the Town.
(12)
Provision for deposit of funds by the subdivider/owner, the amount to be determined by the Town Board, in a Town account specifically maintained for oversight and management of the easement.
(13)
Provision for settling disputes.
(14)
Any other provisions deemed reasonable, appropriate and the same or similar to other provisions in this section on a case-by-case basis by the Town Board.
F.
Written management and maintenance plan and land stewardship plan. A written management and maintenance plan and/or land stewardship plan required by any article of this chapter shall:
(1)
Be subject to the Town's approval.
(2)
Establish necessary regular and periodic operation and management responsibilities.
(3)
Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis.
(4)
Include a land stewardship plan specifically focusing on the long-term management of conserved land or open space.
(5)
The land stewardship plan shall include a narrative, based on the site analysis detailed in § 168-18 and contain the following information:
(a)
Existing conditions including all natural, cultural, historic, and scenic elements in the landscape as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places.
(b)
This baseline documentation of existing site conditions shall be agreed upon at the time of execution of the conservation easement.
(c)
The proposed end state for each conservation area and the measures proposed for achieving the end state.
(d)
Proposed restoration measures, including measures for correcting increasingly destructive conditions, such as erosion; and measures for restoring historic features and habitats or ecosystems.
(e)
Proposed plans for preventing noxious weed invasion.
(f)
The operations needed for managing the stability of the resources for five years, including but not limited to mowing schedules; weed control; planting schedules; assessment schedule; and clearing and cleanup.
(g)
Education component for educating the homeowners on the stewardship plan and status of the conservation easement. The holder of the conservation easement shall determine the content of the educational component; however, the holder shall hold an educational meeting with the homeowners at least annually after the annual assessment is conducted.
(h)
Any stewardship plan of an abutting subdivision that has a stewardship plan in place. Any impact that stewardship plan may have on the proposed subdivision should be addressed.
(i)
Provision that any stewardship plan that incorporates burning as a means of maintaining the conservation easement shall require a properly issued burn permit and completion of the notification process of the proper authorities.
(6)
Define persons or entities responsible for performing tasks detailed in the management and maintenance plan and/or land stewardship plan.
A.
From time to time, the Town Board shall establish, by resolution, application fee amounts for various stages of subdivision review.
B.
This fee schedule shall be available in the office of the Town Clerk/Treasurer and shall include separate fees for the following:
C.
The Town Board may, by resolution, establish a deposit schedule for any review fees.
D.
Failure to pay such fees at the appropriate time shall result in stoppage of all review of the proposed subdivision by the Town until the subdivider/owner pays the required fees.
E.
All unpaid fees are the responsibility of the owner and subdivider, and the Town may hold the owner responsible. All unpaid fees shall be certified as special charges under § 66.0627, Wis. Stats., for collection along with taxes.
If the facilities and improvements required under this chapter have not been fully installed at the time the final plat is submitted for final approval, the Town Board shall not give final approval until the road construction is built to the asphalt wear course and all erosion controls, stormwater controls and any other public improvements as required in the developer's agreement are completed.
A.
When the public infrastructure, roads and related improvements are required by the Town under Town ordinances or pursuant to a developer's agreement with the Town, the developer shall file a performance and maintenance guarantee with the Town Clerk/Treasurer before preliminary plat or CSM approval, in favor of the Town and in an amount sufficient to fund and guarantee the performance of the developer's obligations, make payment for any and all work to be performed by the developer pursuant to this article or such developer's agreement and to serve as a maintenance guarantee, at a reduced level, after such public improvements have been accepted by the Town. When the Town approves a phased construction of platted area, the performance and maintenance guarantee shall be provided for each phase before any site work commences in the area of that phase, and in an amount sufficient to fund and guarantee the performance of the developer's obligations with reference to the permanent and temporary public facilities, roads and public improvements that will be built as part of that phase and the maintenance of such improvements for a reasonable time, not to exceed 14 months after the Town determines that the said improvements have been substantially completed. Performance and maintenance guarantees may be in the form of an irrevocable letter of credit or a performance bond, either of which shall be in a form approved by the Town Attorney and in an initial amount estimated by the Town Engineer to be 120% of the total cost of completing the public facilities and improvements being required and/or inspected by the Town in the CSM, preliminary plat or phase of preliminary plat for which approval is being sought, including all improvements for which the Town will have future responsibility for maintenance or repair. In multi-phase developments, the 120% performance and maintenance guarantee required for each phase shall include the cost of construction of stormwater management required for that specific phase when not held by St. Croix County and shall include the cost of construction of all interior roads in that phase including the roads in that phase that will connect to future phases and/or adjacent developments. Once the required infrastructure has been substantially completed in the CSM, plat or in a specific phase, the performance guarantee for the CSM, plat or phase may be reduced to an amount equal to the total cost of completion of any uncompleted public improvements in that phase plus 10% of the total cost of the completed public improvements. Town ordinances also exist required developers to pay certain costs of the Town incurred in application review and inspection, to deposit funds with the Town for this purpose, and requiring that a developer's agreement be entered into with the Town.
B.
The performance bond or letter of credit provided to the Town shall expressly acknowledge that any litigation concerning it shall be venued in St. Croix County and that if at any time the developer is in default under this article in any aspect of its developer's agreement with the Town; or if the developer does not complete the installation of the required public improvements within the time established in the developer's agreement unless otherwise extended by agreement or action of the Town Board; or if a bond or letter of credit on file with the Town is dated to expire in the next 60 days and has not been extended, renewed, or replaced and delivered to the Town by the developer; or the developer otherwise fails to maintain the bond or letter of credit in the amount required by this article or applicable developer's agreement to pay the costs of the required public improvements, then the developer shall be deemed to be in violation of this article and the Town Board shall have the authority to draw upon the performance bond or letter of credit, whereupon the bond company or financial institution involved shall pay to the Town all amounts required and available for payment. If the irrevocable letter of credit or performance bond is not paid to the Town upon demand, whether in whole or in part, the Town shall be empowered, in addition to its other remedies and without notice or hearing, to impose a special charge for the amount of said performance/completion costs or maintenance and repair expense related to the required public improvements upon each and every lot in the development, payable with the next succeeding tax roll.
C.
The subdivider/owner shall deposit $500, or an amount to be determined by the Town Board, for each lot of the subdivision in an escrow account for the homeowners' association for repairs and maintenance of the stormwater controls, trails and any other infrastructure to be maintained by the homeowners' association.
D.
All unpaid fees are the responsibility of the owner and subdivider and the Town may hold the owner responsible. All unpaid fees shall be certified as special charges under § 66.0627, Wis. Stats., for collection along with taxes.